HomeMy WebLinkAboutAgenda Council Agenda 101702REVISED 10/16/OZ
Cit of Palm Beach Gardens
Y
Council A enda
g
October 17, 2002
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin
Vice Mayor Sabatello
Council Member Clark
Council Member Russo
Council Member Delgado
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
October 17, 2002
7:00 P.M.
L PLEDGE OF ALLEGIANCE
IL ROLL CALL
IIL ADDITIONS, DELETIONS, MODIFICATIONS:
a. ADDITIONS, Items for Discussion - Workshop — FPL Libhtinb options
for Burns Road.
b. DELETIONS, Consent Agenda — Itein G— Resolution 173, 2002.
IV. ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS & REPORTS BY MAYOR AND COUNCIL:
VL CITY MANAGER REPORT:
a. Paae 6 LaRue Management — Charter Review/Referendum - Presentation
to be made at the November 7ti' Council meeting.
b. Paae 7 Charter Review Committee Status - Presentation to be made at
the November 7ti' Council meeting.
VIL COMMENTS FROM THE PUBLIC: (For Items Not on the A�enda, please
submit request form to the Citv Clerk prior to this Item)
VIIL CONSENT AGENDA:
a. Paae 8 Proclamation - Declaring November, 2002 as National Epilepsy
Awareness Month. Consideration of Declaring November, 2002 as
National Epilepsy Awareness Month.
b. Paae 9 Resolution 175, 2002 — FRDAP Grant Agreement for the District
Park Proj ect. Consideration of approving the FRDAP Grant Agreement for
the District Parlc Proj ect.
c. Paae 30 Resolution 172, 2002 — Award of Bid for the Lease of a New
Fire Engine. Consideration of approving the lease of one 2004 Fire
Engine from Pierce Fire Equipment, Inc.
d. (Pa�e 70)Resolution 179, 2002 — Establishing a Contract price with
Ranger Construction for Pavement Resurfacing and Swale Restoration.
Consideration of approving the Contract price with Ranger Construction
for Pavement Resurfacing and Swale Restoration
e. Paae 92 Resolution 181, 2002 — Award Bid for Fire Station Number Five
to O'Connor and Taylor Construction. Consideration of approving the Bid
Award for Fire Station Number Five to O'Connor and Taylor
Construction.
£ (Pa�e 235)Resolution 182, 2002 — Mirasol Way East entry gate feature.
Providing for the approval of modifications to the East entry gate feature
within the Mirasol PCD, located at the intersection of Jog Road and
Mirasol Way.
g. (Pa�e 251) ITEM PULLED BY ENGINEERS Resolution 173, 2002 —
Gables at Northlalce Subdivision Plat. Consideration of approving the
Gables at Northlalce Plat.
h. (Pa�e 257)Resolution 185, 2002 — Consider approval of a proposal from
LBFH, related to the roadway improvements project # 2002-025.
Consideration of approving the proposal from LBFH, related to the
roadway improvements project # 2002-025
(Pa�e 267)Resolution 187, 2002 — Approving the Frenchinan's Reserve
Plat "B" Plat. Consideration of Approving the Frenchinan's Reserve Plat
"B" Plat.
j. (Pa�e 272)Resolution 188, 2002 — Approving the Frenchinan's Reserve
Plat "G" Re-Plat. Consideration of Approving the Frenchinan's Reserve
Plat "G" Re-Plat.
IX. PUBLIC HEARINGS:
a. (Pa�e 277)Ordinance 36, 2002 — City Median Landscaping — Amend
LDR's (Second Reading) An ordinance of the City Council of the City of
Palm Beach Gardens, Florida, relating to roadway beautification;
amending the City Code of Ordinances by amending chapter 62, "Streets,
Sidewallcs, and certain other public places," To create a new section 65-
215, "Landscaping and Maintenance in public road rights-of-way," And
amending chapter 78, "Land Development," Article V, "Supplementary
District regulations," Division 7, "Landscaping," Section 78-324,
"Landscaping in public road right-of-way," And division 9,
"Subdivisions," section 78-488, "Frontage on improved streets," and
section 78-498, "Road surfacing and linprovements," providing for
codification; providing for conflicts; providing for severability; and
providing for an effective date.
b. (Pa�e 311)Ordinance 28, 2002 — Residential Mixed-Use Intensity
Measures and Special definitions (First Reading). An ordinance of the
city council of the City of Palm Beach Gardens, Florida, providing for an
amendment of section 78-157, "mixed use planned unit development
overlay district," of article iv "zoning districts," of chapter 78 "land
development," of the city code of ordinances by amending the definition
of development; providing for codification; providing for severability;
providing for conflicts; and providing for an effective date.
X. RESOLUTIONS:
XL ORDINANCES: (For Consideration on First Reading)
a. (Pa�e 358)Ordinance 39, 2002 — Prosperity Centre/T.J. Maxx Amendment
(First Reading). An ordinance of the City Council of the City of Palm
Beach Gardens, Florida, providing for approval of an amendment to the
Prosperity Center Planned Unit Development, by approving a 9,600
square foot addition of retail space, 18 additional parlcing spaces and a re-
zoning of .665 acres from Palm Beach County RS-Low medium
residential to Palm Beach Gardens Planned Unit Development (PUD)
overlay with underlying zoning of general commercial (CG-1), generally
located at the southeast corner of PGA boulevard and prosperity farms
road as more particularly described in Exhibits "A" and "B" attached
hereto: providing for waivers; providing for conditions of approval;
providing for conflicts; providing for severability; and providing for an
effective date.
XIL ITEMS FOR COUNCIL ACTION:
XIIL ITEMS FOR DISCUSSION:
a. (Pa�e 395)Legal Services Analysis.
b. (Pa�e 414)Worlcshop Regarding Ordinance 37, 2002 — Oalcbroolc PUD
Amendment, Relocation of retail (Discussion). An ordinance of the City
Council of the City of Palm Beach Gardens, Florida, providing for
approval of an amendment to the Oakbrook Square Shopping Center
Planned Unit Development (PUD) by demolishing an existing 10,008
square-foot retail building, creating a new 35-car parlcing pocicet, adding a
new 6,000 square-foot retail building alongside U. S. Highway One, and
reducing the overall square footage of the shopping center, located at the
northeast corner of PGA Boulevard and Highway U.S. One, as more
particularly described herein; providing for waivers; providing for
conditions of approval; providing for conflicts; providing for severability;
and providing for an effective date.
c. (Pa�e 474)Worlcshop Regarding City Entryway Signage
d. (Pa�e 481)Workshop — FPL Lighting options for Burns Road
XIV. CITY ATTORNEY REPORT:
XV. ADJOURNMENT
In accoNdance tivith the Ame�icans tivith Disabilities Act and FZoNida .S'tatute 86.26,
peNSOns tivith disabilities needing special accommodations to paNticipate in this
pNOCeeding should contact the City CZeNk's DepaNtment, no ZateN than 5 days pNioN to
the pNOCeeding at telephone numbeN (561) 799-4120 foN assistance; if heaNing
impaiNed, telephone the FZoNida Relay .S'e�vice NumbeNS (800) 955-8771 (TDD) oN (800)
955-8700 (T�OICE), foN assistance. If a peNSOn decides to appeal any decision made by
the Council, tivith Nespect to any matteN consideNed at such meeting oN heaNing, they tivill
need a NecoNd of the pNOCeedings, and foN such puNpose, they may need to ensuNe that a
veNbatim NecoNd of the pNOCeedings is made, tivhich NecoNd includes the testimony and
evidence upon tivhich the appeal is to be basec�
VI. CITY MANAGER REPORT:
a. LaRue Management — Charter Review/Referendum - Presentation to be
made at the November 7th Council meeting.
VI. CITY MANAGER REPORT:
b. Charter Review Committee Status - Presentation to be made at the
November 7th Council meeting.
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the beginning of
our species and has been recognized since the earliest medical writings; and
WHEREAS, as long as 400 B.C., Hippocrates, the Father ofMedicine, repudiated ancient beliefs that
Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people
a, fjZicted with this disorder held prophetic powers. Hipprocrates believed that Epilepsy was a brain
disorder; and
WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activiry or sensory
phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of
electrical impulses; and
WHEREAS; this disorder can be caused by injury to the brain, lack of oxygen at birth, brain tumor,
infection and brain hemorrhage, although in sixty percent of the cases, the cause is unknown; and
WHEREAS; Epilepsy can affect anyone, at any age and at any time; and
WHEREAS, more than two million Americans are afJlicted with some type of Epilepsy and 1 S0, 000 of
this number are Florida residents; and
WHEREAS, with the administration of anticonvulsant drugs, two thirds (66.66%) of those afflicted
with Epilepsy are drug controlled; and
WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and
prejudices; and
WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself,• and
WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance,
productivity, safety, cooperation and attendance.
WHEREAS, studies carried out in the UNITED STATES over the past thirty years have indicated that
of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to
fall between twenty and twenty-five percent.
NOW, THEREFORE, I, Eric .Iablin, by virtue of the authority vested in me as Mayor of the City
of Palm Beach Gardens, Florida, do hereby proclaim month of November 2002 as:
National Epilepsy Awareness Month
in the City of Palm Beach Gardens.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City of
Palm Beach Gardens, Florida, to be affixed
on this 17th day of October in the Year Two
Thousand and Two.
Attest
Mayor Eric Jablin
Patricia Snider, City Clerk
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Resolution: 175, 2002
Subject/Agenda Item: Resolution 175, 2002 approving a Florida Recreation Development
Assistance Program Project Grant Agreement with the Florida Department of Environmental
Protection for District Park in the amount of $200,000.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
Finance (Total)
City Attarney �/�!(/ [ ] APProved
�'C
Finance Administrato $ [ ]Approved w/
Current FY conditions
Community Services
Admi istrat [ ] Denied
Recr tion i'sion Advertised: Funding Source: [] Continued to:
Director
Date: [ ] Operating Attachments:
Paper: [ ] Other
• Resolution 175, 2002
Submitted by:
Stacy A. Rundle [ X� Not Required
Grants/Contrac
Administrator
Affected parties Budget Acct.#:
Appro d by: [] Notified [] None
Ci Manager [ ] Not required
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Resolution: 175, 2002
• BACKGROIJND: Staff is requesting approval of a Florida Recreation Development
Assistance Program (FRDAP) project grant agreement for $200,000 for the portion of
the District Park project residing on City-owned land. These funds were originally
awarded in 2001 for the acquisition of this property; however, between the time
application for the grant was made and the time of the award, the City was able to
purchase the property (approximately 33 acres, which is City property adjacent to the
approximately 82 acres purchased by Palm Beach County and leased to the City) at a
substantial discount provided closing occurred on or prior to Apri130, 2000.
Recently, staff began working with the Department of Environmental Protection
(DEP), which administrates FRDAP grants, to convert the funds from acquisition to
development dollars. This was approved by the Department this summer and the
attached funding agreement reflects that the grant award in the amount of $200,000 is
for park development on the City-owned 33 acres.
The FRDAP program requires projects funded with their grant dollars to be completed
within two years of the effective date of the agreement with the possibility of one one-
year extension if necessary.
� STAFF RECOMMENDATION: Staff recommends approval of Resolution 175, 2002
as presented.
Date Prepared: October 4, 2002
Page: 1
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 175, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING A FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM PROJECT GRANT
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR THE PROJECT KNOWN AS
DISTRICT PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in June of 2001, the City of Palm Beach Gardens was awarded a Florida Recreation
Development Assistance Program Project Grant in the amount of $200,000 from the Florida
Department of Environmental Protection (DEP) for the acquisition of 33 acres of property for the
project known as District Park; and
WHEREAS, subsequent to the award of the grant and after application for same was made, the City
was able to purchase said property at a substantial discount provided closing occurred on or prior to
Apri130, 2000; and
WHEREAS, City staff has requested that said grant funds be converted from acquisition dollars to
development dollars for this project and this request was approved by DEP; and
WHEREAS, in order to accept said funds for this project, the City must enter into a project grant
agreement with DEP; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the
citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council of the City of Palm Beach Gardens hereby approves the project grant
agreement with DEP attached hereto as Exhibit "A" and incorporated herein and authorizes the City
Manager and the City Clerk to execute said agreement.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
Date Prepared: October 4, 2002
Page: 2
PASSED, ADOPTED AND APPROVED this day of , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCII.MEMBER CLARK
COUNCII.MEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Resolution: 175, 2002
EXHIBIT A
F0302
DEP Contract Number
CSFA Number: 37017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
, N
This Agreement is made and entered into this � day of
, 200_, by and between the State of Florida, DEPARTMENT
of Environmental Protection, hereinafter called the DEPARTMENT, and
the CITY OF PALM BEACH GARDENS, hereinafter called the GR.ANTEE, in
furtherance of an approved public outdoor recreation project. In
consideration of the mutual covenants contained herein and pursuant to
section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida
Administrative Code, the parties hereto agree as follows:
1. This Agreement shall be performed in accordance with section
375.075, Florida Statutes, and chapter 62D-5, Part V,
Florida Administrative Code, hereinafter called the RULE.
The GRANTEE shall comply with all provisions of the RULE
effective August 23,2000, which is incorporated into this
Agreement as if fully set forth herein. It is the intent of
the DEPARTMENT and the GRANTEE that none of the provisions
of section 163.01, Florida Statutes, shall have application
to this Agreement.
2. The DEPARTMENT has found that public outdoor recreation is
the primary purpose of the project known as District Park
(Florida Recreation Development Assistance Program, FRDAP
Project Number F02302), hereinafter called the PROJECT, and
enters into this Agreement with the GR.ANTEE for the
development of that real property, the legal description of
which shall be submitted to the DEPARTMENT as described in
the Florida Recreation Development Assistance Program
Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034.
Page 1 of 11
3. The GRANTEE shall construct, or cause to be constructed,
certain public outdoor recreation facilities and
improvements consisting of the following PROJECT elements
which may be modified by the DEPARTMENT if GR.ANTEE shows
good cause: Playground, picnic facilities, exercise trails,
hiking trails, bike trails, basketball courts, handball
courts, parking, restrooms, security lights, and other
related support facilities.
4. The DEPARTMENT shall pay, on a reimbursement basis, to the
GRANTEE, funds not to exceed $200,000, which will pay the
DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount
GRANTEE Match
$ 200,000 500
$ 200,000 500
Type of Match ___ Cash and/or In-kind Service
5. The PROJECT reimbursement request shall include all
documentation required by the DEPARTMENT for a proper pre-
audit and post-audit review. Within sixty (60) days after
receipt of the request, the DEPARTMENT'S Contract Manager
shall review the completion documentation and payment
request from the GRANTEE for the PROJECT. If the
documentation is sufficient and meets the requirements of
the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A037, referenced
in s. 62D-5.058(6)2(g), the DEPARTMENT will approve the
request for payment.
6. The GR.ANTEE agrees to comply with the Division of
Recreation and Parks' Grant and Contract Accountability
Procedure, hereinafter called the PROCEDURE and incorporated
into this Agreement by reference as if fully set forth
herein. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance
with the GRANTEE'S adopted procurement procedures. Expenses
representing the PROJECT costs, including the required
matching contribution, shall be reported to the DEPARTMENT
and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines accounting for FRDAP funds disbursed
under the PROJECT. The parties further agree that the
principles for determining the eligible costs, supporting
Page 2 of 11
documentation and minimum reporting requirements of the
PROCEDURE shall be used.
7. Allowable indirect costs shall not exceed 150 of the
GRANTEE'S eligible wages and salaries. Indirect costs that
exceed 15� must be approved in advance in writing by the
DEPARTMENT to be considered eligible PROJECT expenses.
8. Pursuant to s. 215.422, Florida Statutes, the Department's
Project Manager shall have five (5) working days, unless
otherwise specified herein, to inspect and approve the
payment requests for payment. The DEPARTMENT must submit a
request for payment to the Florida DEPARTMENT of Banking and
Finance within twenty (20) days; and the DEPARTMENT of
Banking and Finance has fifteen (15) days to issue a
warrant. Days are calculated from the date the invoice is
received or the date the services are received, inspected,
and approved, whichever is later. Invoice payment
requirements do not start until a complete and correct
invoice has been received. Invoices which have to be
returned to the GRANTEE for correction(s) will result in a
delay in the payment. A Vendor Ombudsman has been
established within the Florida DEPARTMENT of Banking and
Finance who may be contacted if a contractor is experiencing
problems in obtaining timely payment(s) from a State of
Florida agency. The Vendor Ombudsman may be contacted at
(850)410-9724 or (800)848-3792.
9. In accordance with s. 215.422, Florida Statutes, the
DEPARTMENT shall pay the GR.ANTEE interest at a rate as
established by s. 55.03(1), Florida Statutes, on the unpaid
balance, if a warrant in payment of an invoice is not issued
within 40 days after receipt of a correct invoice and
receipt, inspection, and approval of the goods and services.
Interest payments of less than $1 will not be enforced
unless the GR.ANTEE requests payment. The interest rate
established pursuant to s. 55.03(1), Florida Statutes, by
Comptroller's Memorandum No. 12 (1999-00) dated December 2,
2000, has been set at 11.Oo per annum or .0003014� per day.
The revised interest rate for each calendar year beyond 2000
for which the term of this Agreement is in effect can be
obtained by calling the DEPARTMENT of Banking and Finance,
Vendor Ombudsman at the telephone number provided above or
the Department's Contracts Section at 850/922-5942.
10. It is understood by the parties that the amount of this
Agreement may be reduced should the Governor's Budget Office
Page 3 of 11
declare a revenue shortfall and assess a mandatory reserve.
Should a shortfall be declared, the amount of this Agreement
may be reduced by the same percentage as the DEPARTMENT is
assessed for the mandatory reserve.
11. PROJECT funds may be reimbursed for eligible pre-agreement
expenses (as defined in s. 62D-5.054(29) of the RULE)
incurred by GR.ANTEE prior to execution of this Agreement as
set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and
the GR.ANTEE fully understand and agree that there shall be
no reimbursement of PROJECT funds by the DEPARTMENT for any
expenditure made prior to the execution of this Agreement
with the exception of those expenditures which meet the
requirements of the foregoing sections of the RULE.
12. Prior to commencement of PROJECT development, the GR.ANTEE
shall submit the documentation required by the Florida
Recreation Development Assistance Program Development
Project Pre-reimbursement/Commencement Documentation Form,
DEP Form FPS-A034, referenced in s. 62D-D.058(6)(f) of the
RULE, to the DEPARTMENT. Upon determining that the
documentation complies with the RULE, the DEPARTMENT will
give notice to GR.ANTEE to commence the development and
approve the request for payment.
13. The Grantee shall obtain all required local, state and
federal permits and approvals prior to commencement of
project construction and shall certify that it has done so
to the Department by completing the Permitting
Certification, FPS-A034, referenced in s. 62D-5.058(7)(c) of
the Rule.
14. This Agreement shall become effective upon execution and the
GR.ANTEE shall com�lete construction of all PROJECT elements
on or before -`N�'—'� The GRANTEE may request up
to two (2) one (1) year extensions from the DEPARTMENT for
good cause at the written request of the GRANTEE and such
request must be made prior to the PROJECT completion date.
Project must be completed within 5 years, or money may
revert.
15. Project completion means the project is open and available
for use by the public. Project must be completed prior to
release of final reimbursement.
Page 4 of 11
16. Any local governmental entity, nonprofit organization, or
for-profit organization that is awarded funds from a grants
and aids appropriation by a state agency shall:
If the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor
General promulgated pursuant to s. 11.45, Florida Statutes;
or
If the amounts received exceed $25,000, but do not exceed
$100,000, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to s.
11.45, Florida Statutes, or have a statement prepared by an
independent certified public accountant which attests that
the receiving entity or organization has complied with the
provisions of this Agreement; or
If the amounts received do not exceed $25,000, have the head
of the entity or organization attest, under penalties of
perjury, that the entity or organization has complied with
the provisions of this Agreement.
17. A copy of the audit or attestation as required in Paragraph
16, shall be submitted to the DEPARTMENT within one (1) year
from the PROJECT completion date as set forth in the PROJECT
completion certificate.
18. In addition to the provisions contained in Paragraph 16
above, the Grantee shall comply with the applicable
provisions contained in Attachment 1. A revised copy of
Attachment 1, Exhibit-1, must be provided to the Grantee
with each amendment which authorizes a funding increase or
decrease. The revised Exhibit-1 shall summarize the funding
sources supporting the Agreement for purposes of assisting
the Grantee in complying with the requirements of Attachment
1. If the Grantee fails to receive a revised copy of
Attachment 1, Exhibit-1, the Grantee shall notify the
Department's Contracts Administrator at 850/488-7896 to
request a copy of the updated information.
19. Following receipt of an audit report identifying any
reimbursement due the DEPARTMENT for the GR.ANTEE'S non-
compliance with this Agreement, the GR.ANTEE will be allowed
a maximum of thirty (30) days to submit additional pertinent
documentation to offset the amount identified as being due
to the DEPARTMENT. The DEPARTMENT, following a review of
the documentation submitted by the GRANTEE, will inform the
GRANTEE of any reimbursement due the DEPARTMENT.
Page 5 of 11
20. The GR.ANTEE shall retain all records supporting PROJECT
costs for three (3) years after the fiscal year in which the
final PROJECT payment was released by the DEPARTMENT or
until final resolution of matters resulting from any
litigation, claim or audit that started prior to the
expiration of the three-year retention period. The
DEPARTMENT, State Auditor General, State Comptroller and
other agencies or entities with jurisdiction shall have the
right to inspect and audit the GRANTEE'S records for said
PROJECT within the three-year retention period.
21. The DEPARTMENT'S Contract Manager for the purpose of this
Agreement shall be responsible for ensuring performance of
its terms and conditions and shall approve all reimbursement
requests prior to payment. The GR.ANTEE'S Liaison Agent, as
identified in the PROJECT application, or successor, shall
act on behalf of the GRANTEE relative to the provisions of
this Agreement. The GR.ANTEE'S Liaison Agent, shall submit
to the DEPARTMENT signed PROJECT status reports every ninety
(90) days summarizing the work accomplished, problems
encountered, percentage of completion, and other information
which may be requested by the DEPARTMENT. Photographs to
reflect the construction work accomplished shall be
submitted when the DEPARTMENT requests them. Any and all
notices shall be delivered to the parties at the following
addresses:
Grantee Department
Charlotte Presensky A. Diane Langston
City of Palm Beach Gardens Dept. of Environmental Protection
4404 Burns Road 3900 Commonwealth Blvd., MS 585
Palm Beach Gardens, Florida Tallahassee, Florida 32399-3000
33410
22. Prior to final reimbursement, the GRANTEE must erect a
permanent information sign on the PROJECT site which credits
PROJECT funding or a portion thereof, from the Florida
Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
23. The DEPARTMENT has the right to inspect the PROJECT and any
and all records related thereto at any reasonable time.
Page 6 of 11
24. This Agreement may be unilaterally canceled by the
DEPARTMENT in the event the GR.ANTEE refuses to allow public
access to all documents, papers, letters or other materials
made or received in conjunction with this Agreement pursuant
to the provisions of Chapter 119, Florida Statutes.
25. The DEPARTMENT shall also have the right to demand a refund,
either in whole or in part, of the FRDAP funds provided to
the GRANTEE for non-compliance with the material terms of
this Agreement. The GRANTEE, upon such written notification
from the DEPARTMENT, shall refund, and shall forthwith pay
to the DEPARTMENT, the amount of money demanded by the
DEPARTMENT. Interest on any refund shall be calculated and
determined pursuant to Section 55.03(1) of the Florida
Statutes. Interest shall be calculated from the date(s) of
payment(s) to the GRANTEE by the DEPARTMENT to the date
repayment is made by GRANTEE.
26. The GRANTEE shall comply with all federal, state and local
rules, regulations and ordinances in acquiring and
developing this PROJECT. The GRANTEE acknowledges that this
requirement includes compliance with all federal, state and
local health and safety rules and regulations including all
applicable building codes. The GRANTEE further agrees to
ensure that the GRANTEE'S contract will include the
requirements of this paragraph in all subcontracts made to
perform this Agreement.
27. Land owned by the GRANTEE, which is developed or acquired
with FRDAP funds, shall be dedicated in perpetuity as an
outdoor recreation site by the GRANTEE for the use and
benefit of the public as stated in Administrative Rule 62D-
5.059(2). Land under control other than by ownership of the
GRANTEE such as by lease, shall be dedicated as an outdoor
recreation area for the use and benefit of the general
public for a minimum period of twenty-five (25) years from
the completion date set forth in the PROJECT completion
certificate. All dedications must be recorded in the public
property records by the GRANTEE. Such PROJECT shall be open
at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
28. Failure to comply with the provisions of the RULE or the
terms and conditions of this Agreement will result in
cancellation of the Agreement by the DEPARTMENT. The
DEPARTMENT shall give the GRANTEE in violation of the RULE
or this Agreement a notice in writing of the particular
Page 7 of 11
violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice
shall result in cancellation of the Agreement and may result
in the imposition of the terms in Paragraph 25.
29. In the event of conflict in the provisions of the Rule, the
Agreement and the Project Application, the provisions of the
Rule shall control over this Agreement and this Agreement
shall control over the Project Application documents.
30. If the DEPARTMENT determines that site control is not
sufficient under the RULE the DEPARTMENT shall give the
applicant a notice in writing and a reasonable time to
comply. If the deficiency cannot be reasonably corrected
within the time specified in the notice, the DEPARTMENT
shall cancel this AGREEMENT.
31. The State of Florida's performance and obligation to pay
under this Agreement is contingent upon an annual
appropriation by the Florida Legislature.
32. This Agreement strictly prohibits the expenditure of FRDAP
funds for the purpose of lobbying the Florida Legislature,
the judicial branch, or a state agency.
33. No person on the grounds of race, creed, color, national
origin, age, sex, marital status or ability level, shall be
excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
34. Each party hereto agrees that it shall be solely responsible
for the wrongful acts of its employees and agents. However,
nothing contained herein shall constitute a waiver by either
party of its sovereign immunity or the provisions of s.
768.28, Florida Statutes.
35. The employment of unauthorized aliens by any GR.ANTEE is
considered a violation of s. 274A(e) of the Immigration and
Nationality Act. If the GRANTEE knowingly employs
unauthorized aliens, such violation shall be cause for
unilateral cancellation of this Agreement. The GRANTEE
shall be responsible for including this provision in all
Page 8 of 11
subcontracts with private organizations made to perform this
Agreement.
36. A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime
may not perform work as a grantee, contractor, supplier,
subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public
entity in excess of the threshold amount provided in s.
287.017, Florida Statutes, or Category Two, for a period of
36 months from the date of being placed on the convicted
vendor list.
37. The Agreement has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida.
Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid
under applicable law, but if any provision of this Agreement
shall be prohibited or invalid under applicable law, such
provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of
this Agreement. Any action hereon or in connection herewith
shall be brought in Leon County, Florida unless prohibited
by law.
38. No delay or failure to exercise any right, power or remedy
accruing to either party upon breach or default by either
party under this Agreement, shall impair any such right,
power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or
default, or any similar breach or default thereafter.
39. This Agreement is not intended nor shall it be construed as
granting any rights, privileges or interest in any third
party without mutual written agreement of the parties
hereto.
40. This Agreement is an exclusive contract and may not be
assigned in whole or in part without the written approval of
the Department.
41. This Agreement
parties. Any
modifications
shall only be
represents the entire agreement of the
alterations, variations, changes,
or waivers of provisions of this Agreement
valid when they have been reduced to writing,
Page 9 of 11
duly executed by each of the parties hereto, and attached to
the original of this Agreement.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 10 of 11
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above written.
STATE OF FLORiDA DEPARTMENT OF CITY OF PALM BEACH GARDENS
ENVIRONMENTAL PROTECTION
By -1`��'f
Division Director (or Designee)
Division of Recreation and Parks
Address: _
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
DEP Contract Manager
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
June 6, 2001 for use for one year.
DEP 42-058
', Page 11 of 11
�
Tit1e:
Address:
4404 Burns Road
Palm Beach Gardens, Florida
33410
Grantee Attorney
0
SINGLE AUDIT ACT - SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Comptroller or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its iiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://aspe.os.dhhs. ov/cfda.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-203 (02-03) Page 1 Of 4
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State fnancial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement
indicates State financial assistance awarded through the Department of Environmental Protection by this
Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall
consider all sources of State financial assistance, including State financial assistance received from the
Department of Environmental Protection, other state agencies, and other nonstate entities. State financial
assistance does not include Federal direct or pass-through awards and resources received by a nonstate
entity for Federal program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-proiit organizations), Rules of the Auditor
General.
If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should
access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalo .� htm or the
Governor's Office of Policy and Budget website located at http://www.eo�.state.fl.us/ for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website http://www.legstate.fl.us/, Governor's Website http://www.tlgov.com/, Department of Banking
and Finance's Website http://www.dbf.state.tl.us/, and the Auditor General's Website
http://www. state. fl. us/aud�.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entiry's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55-203 (02-03)
A. The Department of Environmental Protection at each of the following addresses:
A. Diane Langston
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
Page 2 of 4
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East lOth Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and ( fl,
OMB Circular A-133, as revised.
Pursuant to Section .320(fl, OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circulaz A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at each of the following
addresses:
A. Diane Langston
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directiv to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
A. Diane Langston
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of tt�e Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
DEP 55-203 (02-03)
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
Page 3 of 4
m
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directiv to the Department of Environmental Protection at each of the following
addresses:
A. Diane Langston
Florida Department of Environmental Protection
Bureau of Design and Recreation Services
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (locai governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting fnancial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-proft organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5(specify appropriate number of years, should be at least five years) years from the date the audit report
is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, or Auditor
General access to such records upon request. The recipient shall ensure that audit working papers are made available
to the Department of Environmental Protection, or its designee, Comptroller, or Auditor General upon request for a
period of 3(specify appropriate number of years) years from the date the audit report is issued, unless extended in
writing by the Department of Environmental Protection.
DEP 55-203 (02-03)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 4 of 4
EXHIBIT — 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Reci ient Pursuant to this A reement Consist of the Followin :
Federal State
Program CFDA Appropriation
Number Federal A en Number CFDA Title Fundin Amount Cate o
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal
Pro rams:
Federal State
Program Appropriation
Number Federal A en CFDA CFDA Title Fundin Amount Cate o
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section
215.97 F.S.:
Catalog of
State
Financial CSFA Title State
State State Assistance or Appropriation
Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Number
F02302 LATF 02/03 37017 FRDAP $200 000.00 140002
Total Award �,$2UU�QQf1 t3(1�
For each program identified above, the recipient shall comply with the program requirements described in the Federal Catalog of Domestic Assistance (CFDA)
[http•//aspe os.dhhs.QOV/cfda] and/or the Florida Catalog of State Financial Assistance (CFSA) [http://sun6.dms.state.fl.us/fsaa/catalog.htm]. The services/purposes for which the
funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
�` .,
:a
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 19, 2002
Meeting Date: October 3, 2002
Resolution: Resolution 172, 2002
Subject/Agenda Item:
Award of bid for the lease of a new fire engine to Pierce Manufacturing, Inc. by "piggy backing" off
the Lake County Bid.
[ X ] Recommendation to APPROVE
Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ 52,043.60_ Council Action:
(Total)
City Attorney � Fire - Rescue [] Approved
$ 450,000.00_ [ ]Approved w/
conditions
Current FY
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ X ] Operating Attachments:
Paper: [ ] Other Staff Report
Resolution
Lease Agreement
Lake County Contract
Submitted by:
Peter T. Bergel [ X] Not Required
Fire Chief
Deparhnen irector Affected parties Budget Acct.#:
Approved b: [] Notified 01-1230-522.6410 [] None
City anag [ X] Not required
Date Prepared: September 19, 2002
Meeting Date: October 3, 2002
Resolution: Resolution 172, 2002
BACKGROUND:
Fire Rescue's Budget for FY 2002/2003 includes $450,000 for the purchase of an engine to
replace the existing 1987 Telesquirt at Fire Station 2. This engine is a replacement to our and
will be used as a first response vehicle. Fire Rescue is proposing to tag onto a recent bid by Lake
County, Florida dated May 21, 2002 for the purchase of this engine.
MISC/OTHER
Staff has evaluated the recent Lake County Bid (enclosed) and determined that this particular
engine will best meet the needs of our department at this time. This particular is laid out and
constructed very similarly to our existing engines. Purchasing off of this bid will ensure that we
continue to maintain standardization of equipment from station to station.
The bid price for this piece of equipment is $599,442.00 less $80,000.00 for the trade in of the
existing vehicle and allows for a prepayment discount of $15,000.00. The net cost would then be
$519,442.00.
Fire Rescue is proposing to lease (enclosed) this piece of equipment under a new program from
Pierce Fire Equipment. This lease is a ten (10) year "lease buy back" which in essence is an
interest free ten (10) year lease. The City would be required to make ten (10) annual payments of
$52,043.60. At the end of the lease the City will have three options; make a balloon payment of
$173, 235 and own the equipment, turn the vehicle back in, or turn the vehicle back in and lease
another vehicle from Pierce and receive a vehicle that is equal to or greater in value than the
balloon payment amount.
This purchase would be made out of Account # 01-1230-522.6410 and the funding source will be
general operating revenue. I have presented this information and process to Allen Owens and the
Fleet Management Committee and received their approval for this purchase. The delivery time
for this vehicle is estimated to be in August 2003.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 172, 2002 for the award of bid for the lease of a new fire
engine to Pierce Manufacturing, Inc. by "piggy backing" off the Lake County Bid in the amount of
$52,043.60 and authority to execute an agreement for same.
Date Prepared: September 19, 2002
Meeting Date: October 3, 2002
Resolution: Resolution 172, 2002
EXHIBIT A
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 172, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING THE "PIGGYBACK" LEASE-
PURCHASE OF ONE FIRE ENGINE AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO
EFFECTUATE SAID LEASE-PURCHASE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE
DATE.
WHEREAS, Fire Rescue seeks to enter into a Lease-Purchase Agreement with Oshkosh
Capital for the purchase of one fire engine from Pierce Fire Equipment; and
WHEREAS, in establishing a net cost of $519,442, Fire Rescue seeks to "piggyback" a
competitively bid contract between Pierce Fire Equipment and Lake County, Florida; and
WHEREAS, the lease-purchase agreement would require ten annual lease payments of
$52,043.60, with a purchase option; and
WHEREAS, the City Council finds the adoption ofthis Resolution to be in the best interests
of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council of the City of Pa{m Beach Gardens hereby approves the
"piggyback" lease-purchase of one fire engine and authorizes the Mayor and City Clerk to
execute all documents necessary to effectuate the Lease-Purchase Agreement with
Oshkosh Capital, copies of which are attached hereto as Exhibit "A" and incorporated
herein.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
-1-
RESOLVED, ADOPTED AND APPROVED THIS DAY OF __ , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have approved
this RESOLUTION as to form.
LEONARD G. RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
Date prepared: October 7, 2002
���
�� ;
�
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
August 29 , 2002
PROPOSAL
�OR FURNISHING
"'�� FlRE APPARATUS
The undersigned is prepared to manufacture for you, upon an order being placed by you, for final
acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment
herein named and for the following prices:
One (1) 2003 Pierce 75' Ladder on Quantum Chassis per Lake $ 599.442.00
County Bid 99-150 per OEM pricing dated 11/I S/01
Price includes a$15,OOOAO discount for order being �laced prior
to October 1 2002
Totai $ 599,442.00
Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto
attached, delays due to strikes, war or intentional conflict, failures to obtain chassis, materials, or other causes
beyond our control not preventing, within about Au .20 working days after receipt of ttris order and the
acceptance thereof at ouz Appleton, Wisconsin, and to be delivered to you at Palm BeaCh Gardetis, FL
The specifications herein contained shall form a part of the fmal contract, and are subject to changes
desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order
to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus.
The proposal for fue apparatus conforms with all Federal Department of Transportation (DOT) rules and
regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for
Automotive Fire Apparatus as pubiished at the tune of bid, except as modified by customer specifications. Any
increased costs incuned by first party because of future changes in or additions to sai DOT or NFPA standards will
be passed along to the customers as an addition to the price set forth above.
Unless accepted within 30 days from date, the right is reserved to withdraw t"s �roposi�on.
PIERCE MA I CTUF
By; Mark Jones �
SALES P SEN
�, _— , _
_—�
(�
�
CITY OF PALM BEACH GARDENS
PRICE COMPUTATION
PER LAKE COUNTY FIRE APPARATUS BID 99-150
C .
Pricing per Pierce Manufacturing Inc. OEM price list as in effect on 11/15/2001 to match
pricing structure as proposed in Lake County Bid 99-150.
1. Quantum 75' Ladder Base Model
2. 4% mark-up over base vehicle cost
3. Total of vehicle and equipment options
4. 10% mark-up over vehicle and equipment cost
Sub total
-Additional discount if order is received prior to October l, 2002
$ 419,653.00
16,786.00
161,821.00
16.182.00
�614,442.00
� 15,000.00�
Total Sale Amount $ 599,442.00
�
II 3 -
LAKE COUNTY, FLORIDA
Modification No.: 6
Effective Date: May 2_1, 2002
Contracting Officer: Roseann Johnson, CPPB
Telephone Number: !352) 343-9765
4. Issued By:
Lake County, Florida
Procurement Services
Lake County Administration Building
315 W. Main St., Suite 416
Tavares, Florida 32778-7800
2. Contract No.: 99-150
Effective Date: July 19, 1999
5. Contractor-Name and address:
Pierce Mfg. Inc
PO Box 2017
Appleton, WI 54913
Attn: Robert Boggus
6. SPECIAL INSTRiTCTIONS: If indicated, contractor is required to sign Block 8 showing
acceptance of the below written modification and return this form to address shown in
Slock 4 within ten (IO) days after receit�t, preterably by certified mail to ensure a
system of positive receipts. Retain a photocopy of the signed copy of this
modification and attach to original of contract which was previously•provided.
7. DESCRIPTION OF MODIFICATION:
ADD: Pierce Mfg. Co. will sell under the same terms and conditions, for the same
price, to other governmental/public agencies in the State of Florida.
ADD: Contract will hereby be modified to include a;� percent (.005) administrative
fee charged to any entity accessing the contract.
AMEND: This Contract is effective from May 21, 2002 through May 20, 2003 except the
County reserves the right to terminate this Contract immediately for cause and/or lack
of funds with thirty (30) days written notice for the convenience of the County. This
contrac� also provides for four additional twelve (12) month renewals at the County's
sole option at the terms noted in the Bid.
s• Contractor�s Signature:
Name
Title
Date
Original - Bid No. 99-150
Copies - Contractor
Fire Rescue
Contracting Officer
Risk Management
Ten 8 Fire Equip. Inc.
9. Lake County, Florida
By:
�:�i� D aJ
Procurement S vices Director
�� �Ii���v� a .
Date
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; `>S: < <T:�f%i<�.>f;i :��-' i`'`, �t�? �tk:ai\: ;?,: �t.'i
�.:
Lake County, Florida
Procurement Services Appleton, WI 54913
Lake County Administration Building
315 W. Main St., Suite 416 Attn: Robert Baggus
Tavares, Florida 32778-7800
6_ SPECIAL INSTRUCTIONS: if indicated, contractor is required to sign Block 8 showing
acceptance of the below written modification and •r�F�r°>:•�zr* ti�i;z� L:rT'at G�.a�:�1?'#�:wp3t :s1e-�h 1•.3�f
Black 4 within ten (lol davs after receipt, preferably by certified mail to
ensure a aystem of positive receipta. Retain a photocopy of the signed copy of
this modification and attach to original of contract which was previously provided:
7. DESCRIPTION OF MODIFICATION:
Contract price modification to reflect a three (3� percent manufacturer price increase
across all product lines including all option pricing.
e. Contractor's Signature: Not Applicable 9. Lake County, Florida
Name
By:
Title
Date � . ���
�� �
Procurement Services Director
original - Bid No. 99-150 i\� � _"`' _"
Copies - Contractor ` �� 1 �
Fire Rescue Date
Contracting Officer
Risk Management
Ten 8 Fire Equip. Inc.
�
i. Modification No.: 4
Effective Date: August 1, 2001
ivivuiri�,r1 i ivrv vr c;UN I KAC; I
LAKE COUNTY, FLORIDA
2. Contract No.: 99-150
Efifective Date: July 22, 1999
3. Contracting Officer: Roseann Johnson, CPPB
Telephvne Number: (352) 3�3-9765
5. Contractor-Name and address:
Pierce Mfg. Inc
PO Box 2017
4. Issued By: '
Lake County, Florida � Appieton, WI 54913
Procurement Services
Lake County Administration Building Attn: Robert Boggus
315 W. Main St., Suite 416
Tavares, Florida 32778-7800
6. SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing accepta
modlfication and retum ihis form to address shown in Block 4 within ten (10) davs after recefpt,
mail to ensure a system of�pvsitive receipts. Retain a photocopy of the signed cvpy of this mo�
original of contract which was previously provlded.
7. DESCRIPTION OF MODIFICATION: �
Extend contract through July 31, 2002, per special terms and conditions, item 4.
e. , Contractors Signature; Noi applicable 9. Lake County, Florida
ey:
Name
TiUe
Date
10. Distribufion:
Original = Bid No. 99-1,'�0
Coples - :Contractur✓
� Fire Rescue
• Contracting Officer (2)
� Risk Management
7'en-8 Fire Equipment Inc
� .�'.�'tLJC�.,��J
Procurement Services Director
�-��-� < < 2
�
Date
. ;
�
�
�
�f the below wrltfen
�rably by certified
tion and attach to
�
i•a ar.a��ntii c»u� naui ��u�ta wai��c inn� �oi � inr
9
'
/`
1. Modification�Jc
Effective Date:
MODIFICATION OF CONTRACT
7,AKE COUNTY, FLORIDA
.: 3
November 15, 2000
2. Contract No.: 99-150 '
Effective Date: July 19, 1999
3. Contracting Officer: Roseann Johnson, CPPB 5. Contractor-Name and address:
Telephone Number: (352) 343-9765
Pierce Mfg. Inc
PO Box 2017
4. Issued By:
Lake County, Florida Appleton, WI 54913 �
Procurement Services
Lake County Administration Building Attn: Robert Boggus
315 W. Main St., Suite 416
Tavares, Florida 32778-7800
6. SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing
acceptance of the below written modification and return this form to address shown in
Block 4 within ten (10) days after receipt. preferably by certified mail to
ensure a system of positive receipts. Retain a photocopy of the signed copy of
this modification and attach to original of contract which was previously provided.
7. DESCRIPTION OF MODIFICATION:
Contract price modification to reflect a three (3) percent manufacturer price increase
across all product lines including all option pricing.
8. Contractor's Signature: Not Applicable
Name
Title
Date
Original - Bid No. 99�50
Copies - Contractor
Fire Rescue
Contracting Officer
Risk Management
Ten 8 Fire Equip. Inc.
9. Lake County, Florida
By:
� � C�-.�.C.-���-.�fs
�
Procurement Services Director
�aa�r�c�..-, 3
Date
Zc�� t
�
1. Modification No.: 2
MODIFICATION OF CONTRACT
LAKE COUNTY, FLORIDA
f
2. Contract No.: `j 99-150
Effective Date: January 15, 2000 Effective Date: July 19, 1999
3. Contracting Officer: Roseann Johnson, CPPB 5_ Contractor-Name and address:
Telephone Number: (352) 343-9765
Pierce Mfg. Inc
PO Box 2017
�
6.
7
8
�
Issued By:
Lake County, Florida Appleton, WI 54913
Procurement Services
Lake County Administration Building Attn: Robert Boggus
315 W. Main St., Suite 416
Tavares, Florida 32778-7800
SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing
acceptance of the below written modification and return this form to address shown in
Block 4 within ten (10? d�s after rece�t, preferably by certified mail to
ensure a system of positi�e reccipts. P.etain a photocopy o� the s��r_ed copy of
this modification and attach to original of contract which was previously provided.
DESCRIPTION OF MODIFICATION:
Contract price modification to reflect a two (2) percent manufacturer price increase
across all product lines including all option pricing.
Contractor's Signature: Not Applicable
Name
TitZe
Date
Original - Bid No. 99-1�0
Copies - Contractor��
Fire Rescue
Contracting Officer
Risk Management
Ten 8 Fire Equip, Inc.
9. Lake County, Florida
By:
� . `�JCS. �p
1��..�A`1
Frocurement Services Directox�
��.c.�.N,�� l3 2r�po
1
Date
I
�i
:f
f
p�
/
PROCUREMENT SERVICES
315 W. MAIN STREET
REPLY TO: PO HOX 7800
TAVARES, FLORIDA 32778-7800
June 8, 1999
FIRE APPARATUS
BID REQUEST N0. 99-T 50
ADDENDUM #1
�
�
0
352-343-9839
SUNCOM 659-1839
FAX 343-9473
tnformation listed on this Addendum #1 amends and clarifies Bid# 99-150 and should_ be signed and returned with your
bid submittal. ,
1.) What is the County's normal payment cycie for goods and services receivedZ`•Sae Standard 7erms and
Conditions #26 for oavment.
2. Specifications, Page 1, Paragraph 6: Delete fast two sentences and add "Apparatus bodies constructed of
materials other than aluminum will not be acceptable".
3. Can steel su6frames be bid? �luminum suhframes are reauired. ���
4. Specifications, bottom of Page 3 through Page 5: Do all alloys, specific material thickness, dimensions and
extrusions have to be bid exact(y as specified7 Other aI(ovs materiat thickness and other stvles mav be bid so lona as
thev meet or exceed those soecified and�he bidder orovides sufficient information to suonort their inclusion. The Countv
will be the sole iudqe of the sufficiencv of such inclusions.
5. 5pecifications, Page 7, Paragraph 3: Delete the first sentence.
6. Specifications, Page 9, Paragraph 1: Change specifics, T handle and the D-ring handle references, to read "quick
release tasteners." r
7. Specifications, Page 10, Paragraph 8: Delete specific reference to 3/4" x 2 3/4". The dimensions bid shall
support the 200 feet of 1 3/4" double jacket fire hose noted.
8. Special Terms and Conditions, Page 8, Item 1�32: Delete fourth sentence and replace with Warranty shall incfude
parts and service for a minimum of one (1) year,
9. Will other chassis and body construction methods be considered7 The chassis must be bid as soecified and
other construciion methods must meet or exceed the oublished �oecifications.
The�e are no further changes or clarifications to this 6id request at this time.
Roseann Johnson, Contracting Officer //%�j/
iT
�
VendorName: Pierce Manufacturing, Inc.
Date: JuIIe 21. 1999
Typed ar printed nam
Authorized Signature
�ISTRICI' ONE D1SiAICT TNO DISiAICT'ii�tEE DISTRICT FOUA DLS'TRICT FiVE
)!
//
/
B i D B O N D TAAVEiE�S CASUALTY AND Si1RETY COMPAMY OF AMERiCA
Hartford, Connecticut 0615b
KNOW All M�:1 8Y 7HESE PRESENTS, that we, PIERCE MANUFACTURING INC.. P.O. 8ox 2017, Appleton. WI 54913-
2017 as PrincipQl, hereinaffer cailed the Principal, and Travelers Casualty and Surefy Company of America, a
corporation duly organaed under the laws of the StQte of Connecticut, as Surety, hereinaffer calied the
Surety, are held and firmfy bound unio LAKE COUNTY F 1 RE RESCUE, TAVARES, FL
� ; as Obliges,
F�ereinafter catled the Obligee, in the sum of F i VE PERCENT OF TOTAL B I D
Dollar� ($ 5 a j, for the payment of which sum well ancf trvly to
be mode, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators,-�uccessors
and assigns, Jointly and severally, frrmly by these presenfis. "
WHEREAS.thePrincipaihassubmittedabidfor FIVE C5) PIEP,CECTM) COMMERCIAL PUMPERS
NOW, TNEREFORE, if fhe Ob(igee shalf accept the bid oi the Principal atid fhe Principa! shall. enter into a
Confract witti fhe Obfigee in accordance wifh the terms of such bid, and give such bond or bonds as may
be specified in fhe bidding or Confract Dacumenfs wifh good and sufficient surety for the faifhfu!
performance of such Confract, inciuding the attached Pierce warraniy, and for the prompt payment of labor
and materiol fvmished in the prosecutian fihereof, then this obligation shall be null and void, otherwise to
remain in fvU force and effect.
Signed cnd sealed this 2 3 R � day of J UN E
��'h: �� C��
� � W itness
� • .
Witness
360
! Z/3CU37
n�r_e�ne� rpnun
�
P(EAGE MANUFAC7URING INC.
�
gy �,M�. Cs'. �° (SEAL)
Timothy . A�ma � Principal
Director-Fnancs
TRAVEIERS CASUALTI' AND 5URETY COMPANY OF
RICA
,
gy {S�L�
nda M. Ahrens, Attomey-In-Fact Surety
� . .
,�` TRAVELERS CASUALTY AND SUgETY C�1�II+AP{y OF Ah1ER1CA
• TRAVELERS CASUAL'I'Y AND SUitETY COh�'ANY
FARMINGTON CASUALTY COMFANy
Hartfard, Canneciicvt U6183-90dZ
TRAVELERS CASUALTY AND SURETY COMPANY OF lI.LINOIS
Napervi!!e, Illinois 60S5J-8�{58
POWER OF ATTORNEY AND CEATIFICATE OF AUTHOHITY OF AITORNEY(S}-IN-FACT
I�OW ALL PERSfl;�S BY THESE PRESENTS, THAT TRAVELERS CASIIALTY AND SURETY CONIPANY OF
A�'YIERICA, TRAVELERS C�.SUALTY AND SURETY CONIPANY and FARMINGTON CASUALTY COMP:�NY,
corpontions duly� organized under the la�vs of the State of Connecticut, and 6aving their grincipal offic� in the City of HartfOid,
County of Hartford, State of Cocu�xticut, and TRAVELERS CASUALTX AND ST7RETY COiYIPA.NY OF ILLLYOIS, a
corporation duly organized under the lativs of the State of lllinois, and having its principal office in the City of Napen,alle, Counry of
DuPage, State of Illinois, (hereinafter the "Companies'� hath tnade, canstituted and appointed, and do by these presents make,
constitute and appoint: Linda M. Ahrens, Richard J. DeVries, Toni Schinke, Stacey L Ryan or Timoth}• R Nickels* "
of App(eton, WI, their we and lavrfiil�Attorney(s)-in-Fact, with fiill power and authority hereby confetred to sign, exe:ute and
acknowledge, at any place wi[hin the United States, or, if [he following linc be frlled in, within the area thete desigiated
the follawing instrument(s):
by his/her sole signature and ac� any and a11 bonds, recognizanc�, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizanee, or conditional uttdertaking and any and all consents incident thereco —
and to bind the Compaaies, thereby as fully and to the same erteat as if the same were signed by tbe duly authorized officers
of ihe Companies, and all t6e acts of said �ttorney(s)-in-Fact, pur�ant to the authoritv herein given, are hereby rafified and
conficTned.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full for�e and effect: `�
VOTED: Tnat ihe Chairman, the Presidrnt, any Vice Chairman, any Executive Vice President, any Seaior Vica Fresident, any Vice Przsident, any
Second Vice Presiden� the 7rrasiuer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary �ay appoint At[omeys-in-Fac:
and Aorntc to act for and on behalf of the company and may give such appointee such authority �s his or her certiGcate o[ auLhority may prescribe
to siQn with the Company's name and seal with the Company's sea] boncLs, recoenizances, contracts of indemnity, and other w�ritings obligatory in
lhe nature of a bond, recoenizance, or conditiona! undertakine, and anv of said officers or the Board of Dirzctors at any time may remoee any� sucn
appointe� and recokz the po�ce* given him or her.
VOTED: Thac the Chauman, the President, any Vice Chairman, any E�ecutive Vice president, any Senivr Vice P;esident or any Vic� Presidznt
may deleeate alI or any part oF the fore3oing authority to one or more ofIicers or employr_s of lhis Company, provide3 that each such de(eaation is
in writing and a copy thereaf is filed in the oflice of the Seaetary.
VOTED: That any bond, recos i�ance, coatract of indemnity, or writiag obligatory ia the nature of a bond, recognizance, ar conditiona!
undertaking shatl be valid and binding upon the Company wiirn (a) signed by the Presidrnt, any Vice Chairrnan, any E�secutive Vice Presiden� any
Scnior Vicr. Pr�si@ent or any Yce Presiden[, any Second Vice Presidrn� the Treasurrer, any Assistant Treasurer, thc Corporate Secretan� or anr•
Assistant Ser.retary and duly attested and scal�d with the Company's sc31 by a Scaetary or Assistant Sccretary, or (b} duty executeti (under seal, iC
required) by onc or more Attorncys-in-Fact and Agcnrs piu-suant to the power prescTibed 'en his or her ceriificate or their certificates of authoriri• or
by one or more Company o�"ice:s pursuant to a u�riRen dccgation of authority.
This Power of Att�rney arsd Certificste oi Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution ��ocesi by the Boards of Directurs of TRAVELERS CASIIALTY AND SURETY COhiP�'�Y OF
�h1ERICA, TR�hVELERS C.aSUALTY AIYD SURETY COI�tP.Ai`iY, FA.iZ,iiINGTON C.ASUAI,TY COhLF�`�Y and
TR�VELERS CASLIAL,IY AND SLTRETY C�MP�'VY OF ILLL�iOIS, which Resalutioa is now iu full force and efiect:
VOTED: ThaL the sienature of each of the folloain¢ o[ficers: Presideae, any Executive Vice Praiden� any Senior Vice Presid�at, an}• Vice
Presidcn� any Assiscant Vice Presidcnc, any Szaetary, any A.ssistane Sc:etary, and the sr31 oF thc Company may be afFited by facsimile to am•
pow•er oC attomey or to any certi[icate relating thereto appointing Resideni Vice Presid�ts, Resident Assistant Sr_�retaries or Attoma�•s-in-Facc Cor
purposes only of clecuting and attesting bonds and undcrtakinss and ocha �ritin¢s obliga[ory in [he nattue lhctrn� and aity Such po«'er oC allorntv
or cenil cate beving such facSimile sienaturc ot Facsimile s�l shall be valid and binding upon the Company and any such pow�e� so e�ecutzd and
certified by such facsimile signature and facsimile seal shatl be vafid and binding upon the Companv in thc fu[ure ki[h respect ta an,r• bond or
unde:ta�:ing to which it is attachcd.
�OSHKOSH
eCAPITAL
10 W. Broad Street, Suite 310
Columbus, OH 43215
Phone: 800-820-9041
Fax: 800-678-0602
October 7, 2002
City of Palm Beach Gardens
Attn: Scott Fetterman, Deputy Chief
10500 North Military Trail
Palm Beach Gardens, FL 33410
Dear Scott Fetterman, Deputy Chief:
Enclosed are the necessary documents needed to complete your lease transaction. Please sign and
return the following:
(X) Florida Lease Purchase Agreement Addendum - Review, sign and title on last page
(X) Lease-Purchase Agreement — Review, sign and title on last page
(X) Schedule A-1 — Review, sign and title
(X) Opinion of Counsel Letter — Enclosed is a guide letter only. Have your attorney prepare on
his/her letterhead
(X) Municipal Resolution
(X) Certificate of Incumbency
(X) IRS FORM 8038-G — Sign, date, and title
(X) Insurance Request Form — Fill in your insurer's information and sign. Proceed to speed up
processing by contacting your insurer to obtain certificate, or if you already have one, enclose
with documentation
(X) End of Lease Term Options Rider - Please date, sign and include your title
(X) Three Party Agreement — Sign and include title
(X) Delivery & Acceptance Certificate — At point of delivery, fill out this form and fax it to me
Please return your lease documents to Oshkosh Capital, 10 West Broad Street, Suite 310, Columbus, OH
43215.
Oshkosh Capital in its sole discretion, reserves the right to adjust the payment factors in the
enclosed documentation to reflect any changes in money market conditions up to the date of
funding.
These documents have been provided to you at this time to facilitate your processing them.
However, please be aware that this lease is subject to Oshkosh Capital's approval of the
equipment to be leased, review of the City's financial condition, and final credit approval.
Our goal is to ensure that you receive the lowest payment and maximum discounts available. The
payment amaunts contained in the Schedule A-1 of the enclosed documents assume that this transaction
will fund by 10/23/2002. If the documents are not fully executed and returned to Oshkosh Capital by
10/22/2002, the payment amounts for this transaction my increase due to changes in the U.S. Money
Markets.
If you have any questions, or if I may be of service, please contact me at 1-800-820-9041, ext. 1, opt. 3.
Sincerely,
C�-�►,c�e.�e-- ��e,�c_.�.
Angela Masoni
Contract Specialist
C: Watterson, Hyland and Klett
FLORIDA LEASE-PURCHASE AGREEMENT ADDENDUM
(Florida Local Government Lease)
Dated As Of 10/07/2002
Lease-Purchase Agreement Number 393970002
Lessee: City of Palm Beach Gardens
Reference is made to the above Lease-Purchase Agreement ("Lease") by and befinreen Oshkosh Capital
("Lessor") and the above lessee ("Lessee"). This Florida Lease-Purchase Agreement Addendum ("Addendum") amends
and modifies the terms and conditions of the Lease and is hereby made a part of the Lease. Unless otherwise defined
herein, capitalized terms defined in the Lease shall have the same meaning when used herein.
NOW, THEREFORE, as part of the valuable consideration to induce the execution of Leases, Lessor and
Lessee hereby agree to amend the Lease as follows:
1. Section 5 of the Lease is amended adding the following subsection (d):
"(d) on the Return Date, Lessee shall return to Lessor all, but not less than all, of the Equipment
covered by the affected Lease, at Lessee's sole expense, in accordance with Section 19 hereof,
provided, that if Lessee fails to so return the Equipment, then Lessee shall pay to Lessor the full
amount under Section 13 hereof as if Lessee had elected to exercise its purchase option for
Equipment;"
2. Section 7 of the Lease is deleted and replaced with the following:
"7. TITLE; UCC FILINGS.
"7.1 Upon Lessee's acceptance of any Equipment under a Lease, title to the Equipment shall vest in Lessee,
subject to Lessor's rights under such Lease including, without limitation, Sections 5, 18 and 19 hereof.
"7.2 Lessor shall not have a security interest in any of the Equipment under the Uniform Commercial Code
of the State of Florida, but, in order to give notice to others of Lessor's rights under Sections 5, 18 and 19 hereof,
Lessee agrees to execute and deliver to Lessor UCC financing statements relating to the Equipment and any
amendments thereto."
3. All of Section 18 is deleted and replaced with the following:
"18. REMEDIES. If any Event of Default occurs, then Lessor may, at its option, exercise any one or
more of the following remedies:
"(a) Lessor may require Lessee to pay, and Lessee agrees that it shall pay, (1) all
amounts then currenUy due under all Leases, (2) alt remaining Rent Payments due under all Leases
during the fiscal year in effect when the Event of Default occurs, (3) to the extent permitted by
applicable law, the Termination Value due under all Leases when the Event of Default occurs after
subtracting all amounts paid by Lessee under subclause (2) of this clause (a), and (4) interest on the
foregoing amounts at the highest lawful rate from the date of Lessor's demand for such payment;
"(b) upon Lessor's request, Lessee will promptly return all Equipment to Lessor in the
manner set forth in Section 19, provided, that Lessor waives and releases any right that it may have
at law or in equity to specific or compulsory performance of the foregoing agreement of Lessee to
return the Equipment to Lessor;
"(c) if Lessee returns any Equipment to Lessor under clause (b) above, then Lessor
agrees to use commercially reasonable efforts under then current circumstances to sell, lease or
otherwise dispose of such Equipment, in whole or in part, in one or more public or private transactions,
and if Lessor so disposes of any such Equipment, then Lessor shall retain the entire proceeds of such
disposition free of any claims of Lessee up to, but not exceeding, all amounts then currenUy due under
all Leases, plus the Termination Value due under all Leases when the Event of Default occurs plus
the expenses set forth in clause (e) of this Section;
"(d) subject to the provisions of the Leases that restrict Lessor's right to repossess or
foreclose on the Equipment, Lessor may exercise any other right, remedy or privilege which may be
available to Lessor under applicable law or Lessor may enforce any of Lessee's obligations under any
Lease by appropriate court action at law or in equity; and/or
"(e) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all out-of-
pocket costs and expenses incurred by Lessor as a result (direcUy or indirecUy) of the Event of Default
and/or of Lessor's actions under this section, including, without limitation, any attorney fees and
expenses and any costs related to the repossession, safekeeping, storage, repair, reconditioning or
disposition of any Equipment.
"None of the above remedies is exclusive, but each is cumula6ve and in addi6on to any other remedy
available to Lessor. Lesso►'s exercise of one or more remedies shall not preclude its exercise of any
other remedy. No delay or failure on the part of Lessor to exercise any remedy under any Lease shall
operate as a waiver thereof, nor as an acquiescence in any default, nor shall any single or partial
exercise of any remedy preclude any other exercise thereof or the exercise of any other remedy."
4. Lessor acknowledges that (a) no Lease will be a general obligation of Lessee, (b) no Lease will be
payable from a pledge of ad valorem taxes, and (c) no Lease shall constitute a pledge of either the full faith and credit
of Lessee or the taxing power of Lessee.
6. Except as expressly amended by this Addendum and other modifications signed by Lessor, the Lease
remains unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date first referenced
above.
Citv of Palm Beach Gardens
(Lessee)
�
�ile:
Oshkosh Capital
(Lessor)
By:
Title:
LEASE-PURCHASE AGREEMENT
("Turn-In" Lease for Pierce Equipment)
Lessee Name: City of Palm Beach Gardens
Lessee Street Address: 10500 North Military Trail Palm Beach Gardens, FL 33410
1. EQUIPMENT LEASE. Subject to the terms of this Lease, Lessee leases the Equipment from
Oshkosh Capital ("Lessor"). This Lease's term ("Lease Term") begins on the date Lessor designates
below (the "Acceptance Date") and, unless terminated early as expressly provided herein, continues until
Lessee fully pays and performs all of its obligations hereunder.
2. CERTAIN DEFINITIONS. All terms defined herein apply equally to both the singular and plural
form of such terms. (a) "Equipment" means the property described in the Schedule, together with all
attachments, additions, accessions, improvements, replacements and substitutions thereto. (b) "Lien"
means any security interest, lien, mortgage, encumbrance, attachment levy, other judicial process or
claim of any nature whatsoever by or of any person. (c) "Lease" means this Lease-Purchase Agreement,
together with the Schedule and the exhibits, schedules and addenda attached hereto and thereto and
made a part hereof. (d) "Schedule" means the Schedule A-1 executed by Lessee and Lessor that is
attached to this Lease.
3. RENT PAYMENTS. Lessee will pay to Lessor the rent payments as set forth in the Schedule
("Rent Payments"). Part of each Rent Payment represents the payment of interest as set forth in the
Schedule. Lessee's obligation to pay Rent Payments, including interest therein, accrues as of the
Accrual Date stated in the Schedule. Rent Payments will be paid in U.S. dollars, without notice or
demand, at Lessor's office (or such other place as Lessor designates from time to time in writing).
EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 5 THE OBLIGATION TO PAY RENT
PAYMENTS IS ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS AND IS NOT SUBJECT TO ANY
SETOFF, DEFENSE. COUNTERCLAIM, ABATEMENT OR RECOUPMENT FOR ANY REASON. If
Lessor receives any payment from Lessee after the due date, Lessee shall pay Lessor on demand as a
late charge 5% of such overdue amount, limited, however, to the maximum legal amount.
4. ACCEPTANCE; FUNDING CONDITIONS. (a) As between Lessee and Lessor, Lessee a�rees
that (i) Lessee has received and inspected all Equipment: (ii) all Equipment is in s�ood workins�
order and complies with all purchase orders, contracts and specifications; (iii) Lessee acceqts all
Equipment for purqoses of this Lease "as-is, where-is"; and (iv) Lessee waives anv ris�ht to revoke
its acceptance. (b) Lessor has no obligation to pay the Purchase Price of the Equipment as stated in the
Schedule (the "Purchase Price") unless all reasonable conditions established by Lessor ("Funding
Conditions") have been satisfied, including, without limitation, the following: (i) Lessee has signed and
delivered the Schedule; (ii) no Event of Default shall have occurred and be continuing; (iii) no material
adverse change shall have occurred in the Internal Revenue Code of 1986, as amended, and the related
regulations and rulings (collectively, the "Code"); (iv) no material adverse change shall have occurred in
the Lessee's financial condition or any supplier of the Equipment; (v) all representations of Lessee herein
remain true, accurate and complete; and (vi) Lessor has received all of the following documents, which
shall be reasonably satisfactory, in form and substance, to Lessor: (A) evidence of required insurance
coverage; (B) an opinion of Lessee's counsel; (C) reasonably detailed invoices for the Equipment; (D)
Uniform Commercial Code (UCC) financing statements; (E) copies of resolutions by Lessee's governing
body duly authorizing this Lease and incumbency certificates for the person(s) who have signed this
Lease; (F) such documents and certificates relating to the tax-exempt interest payable hereunder
(including, without limitation, IRS Form 8038G or 8038GC) as Lessor may request; and (G) such other
documents and information previously identified by Lessor or otherwise reasonably requested by Lessor.
Lessee authorizes Pierce Manufacturing, Inc. ("Manufacturer") or its dealer to complete the
manufacturer's statement of origin (MSO) and/or the certificate of title (COT) relating to the Equipment
with Lessor's first sole Lien noted thereon and to deliver such MSO or COT directly to Lessor.
5. TERMINATION FOR NON-APPROPRIATION. (a) Lessee represents and warrants: that it has
appropriated and budgeted the funds to make all Rent Payments for the remainder of the fiscal year in
which the Lease Term commences and that it currently intends to make Rent Payments for the full Lease
Term if funds are appropriated for the Rent Payments in each succeeding fiscal year. Without
1
contractually committing itself to do so, Lessee reasonably believes that moneys in an amount sufficient
to make all Rent Payments can, and will lawfully be, appropriated therefor. Lessee directs the person in
charge of its budget requests to include the Rent Payments payable during each fiscal year in the budget
request presented to Lessee's governing body for such fiscal year; provided, that Lessee's governing
body retains authority to approve or reject any such budget request. All Rent Payments shall be payable
out of the general funds of Lessee or out of other legally appropriated funds. The Lease will not be a
general obligation of Lessee and shall not constitute a pledge of either Lessee's full faith and credit or of
Lessee's taxing power. (b) If Lessee's governing body fails to appropriate sufficient funds in any fiscal
year for Rent Payments or other payments due hereunder and if other funds are not legally appropriated
for such payments, a"Non-Appropriation EvenY' will be deemed to have occurred. If a Non-Appropriation
Event occurs, then: (I) Lessee shall give Lessor immediate notice of such Non-Appropriation Event; (ii) on
the Return Date, Lessee shall return to Lessor all of the Equipment, at Lessee's sole expense, in
accordance with Section 19; and (c) the Lease shall terminate on the Return Date without penalty to
Lessee, provided, that Lessee shall pay all Rent Payments and other amounts payable under the Lease
for which funds shall have been appropriated, provided further, that Lessee shall pay month-to-month rent
at the rate set forth in the Schedule for each month that Lessee fails to so return the Equipment. "Return
Date" means the last day of the fiscal year for which appropriations were made for the Rent Payments
due hereunder.
6. NO WARRANTY BY LESSOR. Lessor hereby assigns to Lessee any assignable manufacturer's
or supplier's warranties. Lessor authorizes Lessee to obtain the customary services furnished in
connection with such warranties at Lessee's sole expense. The Equipment is sold "AS IS". LESSEE
ACKNOWLEDGES THAT LESSOR DID NOT MANUFACTURE THE EQUIPMENT. LESSOR DOES
NOT REPRESENT THE MANUFACTURER, OWNER, OR DEALER, AND LESSEE SELECTED THE
EQUIPMENT BASED UPON LESSEE'S OWN JUDGMENT. LESSOR MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR OTHERWISE OR AS TO THE EQUIPMENT'S VALUE, DESIGN,
CONDITION, USE, CAPACITY OR DURABILITY. LESSEE AGREES THAT REGARDLESS OF
CAUSE, LESSOR IS NOT RESPONSIBLE FOR, AND LESSEE WILL NOT MAKE ANY CLAIM
AGAINST LESSOR FOR, ANY DAMAGES, WHETHER CONSEQUENTIAL, DIRECT� SPECIAL OR
INDIRECT INCURRED BY LESSEE IN CONNECTION WITH THE EQUIPMENT OR THIS LEASE-
PURCHASE AGREEMENT. NEITHER THE MANUFACTURER, THE DEALER, NOR ANY
SALESPERSON, EMPLOYEE OR AGENT OF THE DEALER OR MANUFACTURER, IS LESSOR'S
AGENT OR HAS ANY AUTHORITY TO SPEAK FOR LESSOR OR TO BIND LESSOR IN ANY WAY.
Lessee agrees that (a) all Equipment will have been purchased in accordance with Lessee's
specifications from manufacturer's and suppliers selected by Lessee, (b) Lessor is not a manufacturer or
dealer of any Equipment and has no liability for the delivery or installation of any Equipment, (c) Lessor
assumes no obligation with respect to any manufacturer's or supplier's product warranties or guaranties,
(d) no manufacturer or supplier or any representative of either is an agent of Lessor, (e) any warranty,
representation, or agreement made by any manufacturer or supplier or any representative thereof shall
not be binding upon Lessor, and (f) Lessor is paying the Purchase Price solely in connection with this
Lease.
7. TITLE; SECURITY INTEREST. (a) Title to the Equipment is vested in Lessee, subject to Lessor's
security interest therein and all of Lessor's other rights hereunder including, without limitation, Sections 5,
18, and 19. (b) As collateral security for the Secured Obligations, Lessee hereby grants to Lessor a first
priority security interest in the Equipment (now existing or hereafter acquired) and any and all proceeds
thereof. Lessee agrees to execute and deliver to Lessor all necessary documents to evidence and
perfect such security interest, including, without limitation, UCC financing statements. (c) "Secured
Obligations" means Lessee's obligations to pay all Rent Payments and all other amounts due and
payable hereunder and to perform and observe all covenants, agreements and conditions (direct or
indirect, absolute or contingent, due or to become due, or existing or hereafter arising) of Lessee
hereunder.
8. MAINTENANCE; OPERATION. At its sole expense, Lessee will: (a) repair and maintain the
Equipment in good condition and working order in accordance with manufacturer's instructions; (b) supply
and install all replacement parts or other devices when required to so maintain the Equipment or when
required by applicable law or regulation, which parts or devices shall automatically become part of the
Equipment; (c) use all Equipment in a careful manner in the normal course of its operations and only for
2
the purposes for which it was designed in accordance with the manufacturer's warranty requirements;
and (d) comply with all laws and regulations relating to the Equipment. Lessor will not provide any
maintenance or other service for any Equipment. Lessee will not make any alterations, additions or
improvements ("Improvements") to any Equipment without Lessor's prior written consent unless the
Improvements may be readily removed without damage to the operation, value or utility of the Equipment,
but any such Improvements not removed prior to this Lease's termination shall automatically become part
of the Equipment.
9. LOCATION; INSPECTION. The Equipment will not be removed from, or if the Equipment is rolling
stock, its permanent base will not be changed from, the location specified in the Schedule (the "Location")
without Lessor's prior written consent which will not be unreasonably withheld. The Equipment is, and will
remain, personal property and will not be deemed to be affixed or attached to real estate or any building.
Upon reasonable notice, Lessor may enter the Location or elsewhere during normal business hours to
inspect the Equipment.
10. LIENS; SUBLEASES; TAXES. (a) Lessee will keep all Equipment free and clear of all Liens
except those Liens created hereunder. Lessee shall not sublet or lend any Equipment or permit it to be
used by anyone other than Lessee or Lessee's employees. (b) Lessee will pay when due all Taxes which
may now or hereafter be imposed upon any Equipment or its ownership, leasing, rental, sale, purchase,
possession or use, upon the �ease or upon any Rent Payments or any other payments due under the
Lease. If Lessee fails to pay such Taxes when due, Lessor has the right, but not the obligation, to pay
such Taxes. If Lessor pays any such Taxes, Lessee will, upon demand, immediately reimburse Lessor
therefor. "Taxes" means present and future taxes, levies, duties, assessments or other governmental
charges that are not based on the net income of Lessor, whether they are assessed to or payable by
Lessee or Lessor, including, without limitation (i) sales, use, excise, licensing, registration, titling, gross
receipts, stamp and personal property taxes, and (ii) interest, penalties or fines on any of the foregoing.
11. RISK OF LOSS. (a) Lessee bears the entire risk of loss, theft, damage or destruction of the
Equipment in whole or in part from any reason whatsoever ("Casualty Loss"). No Casualty Loss to any
Equipment shall relieve Lessee from the obligation to make any Rent Payments or to perform any other
obligation hereunder. Proceeds of any insurance recovery will be applied to Lessee's obligations under
this Section 11. If a Casualty Loss occurs to any Equipment, Lessee shall immediately notify Lessor, and
Lessee shall, unless otherwise directed by Lessor, immediately repair the same. (b) If Lessor determines
that any item of Equipment has suffered a Casualty Loss beyond repair ("Lost EquipmenY'), Lessee shall
either (i) immediately replace the Lost Equipment with similar equipment in good repair, condition and
working order free and clear of any Liens (except Lessor's Liens), in which event such replacement
equipment shall automatically be Equipment hereunder, and deliver to Lessor true and complete copies
of the invoice or bill of sale covering the replacement equipment; or (ii) on the earlier of 60 days after the
Casualty Loss or the next scheduled Rent Payment date, pay Lessor (A) all amounts owed by Lessee
hereunder, including the Rent Payments due on or accrued through such date plus (B) an amount equal
to the Termination Value as of the Rent Payment date (or if the Casualty Loss payment is due between
Rent Payment dates, then as of the Rent Payment date preceding the date that the Casualty Loss
payment is due) set forth in the Schedule. If Lessee is making such payment with respect to less than all
of the Equipment, Lessor will provide Lessee with the pro rata amount of the Rent Payment and
Termination Value to be paid by Lessee with respect to the Lost Equipment and a revised Schedule. (c)
To the extent not prohibited by State law, Lessee shall bear the risk of loss for, shall pay directly, and
shall defend against any and all claims, liabilities, proceedings, actions, expenses (including reasonable
attorney's fees), damages or losses arising under or related to any Equipment, including, but not limited
to, the possession, ownership, lease, use or operation thereof. These obligations of Lessee shall survive
any expiration or termination of this Lease. Lessee shall not bear the risk of loss of, nor pay for, any
claims, liabilities, proceedings, actions, expenses (including attorney's fees), damages or losses which
arise directly from events occurring after any Equipment has been returned by Lessee to Lessor in
accordance with the terms hereof or which arise directly from Lessor's gross negligence or willful
misconduct.
12. INSURANCE. (a) Lessee at its sole expense shall at all times keep all Equipment insured against
all Casualty Losses in an amount not less than the Equipment's Termination Value. Proceeds of
insurance covering damage or loss of any Equipment shall be payable to Lessor as loss payee. (b) The
Total Sale Price as set forth on the Schedule does not include the payment of any premium for any
3
liability insurance coverage for bodily injury and/or property damage caused to others and no such
insurance will be purchased by Lessor. (c) Lessee at its sole expense shall at all times carry public
liability and third party property damage insurance in amounts reasonably satisfactory to Lessor
protecting Lessee and Lessor from liabilities for injuries to persons and damage to property of others
relating in any way to any Equipment. Proceeds of such public liability or property insurance shall be
payable first to Lessor as additional insured to the extent of its liability and then to Lessee. All insurers
will be reasonably satisfactory to Lessor. Lessee will promptly deliver to Lessor satisfactory evidence of
required insurance coverage and all renewals and replacements thereof. Each insurance policy will
require that the insurer give Lessor at least 30 days prior written notice of any such cancellation of such
policy and will require that Lessor's interests remain insured regardless of any act, error,
misrepresentation, omission or neglect of Lessee. The insurance maintained by Lessee shall be primary
without any right of contribution from insurance which may be maintained by Lessor.
13. PURCHASE OPTION. Upon 60 days prior written notice by Lessee to Lessor and if no Event of
Default then exists, Lessee may purchase the Equipment on any Rent Payment due date by paying to
Lessor all Rent Payments then due (including accrued interest, if any) plus the Termination Value amount
set forth on the Schedule for such date. Upon satisfaction by Lessee of the foregoing purchase
conditions, Lessor shall release its Lien on the Equipment and Lessee shall retain its title to such
Equipment "AS-IS, WHERE-IS", without representation or warranty by Lessor, express or implied, except
for a representation that the Equipment is free and clear of any Liens created by Lessor.
14. REPRESENTATIONS AND WARRANTIES. Lessee represents and warrants that: (a) Lessee has
full power, authority and legal right to execute and deliver the Lease and to perform its obligations under
the Lease, and all such actions have been duly authorized by appropriate findings and actions of
Lessee's governing body; (b) the Lease has been duly executed and delivered by Lessee and is a legal,
valid and binding obligation of Lessee, enforceable in accordance with its terms; (c) the Lease is
authorized under, and the authorization, execution and delivery of the Lease complies with, all applicable
federal, state and local laws and regulations (including, but not limited to, all open meeting, public bidding
and property acquisition laws) and all applicable judgments and court orders; (d) the execution, delivery
and performance by Lessee of its obligations hereunder will not result in a breach or violation of, nor
constitute a default under, any agreement, lease or other instrument to which Lessee is a party or by
which Lessee's properties may be bound or affected; (e) there is no pending, or to the best of Lessee's
knowledge threatened, litigation of any nature which may have a material adverse effect on Lessee's
ability to perform its obligations under the Lease; and (f) Lessee is a state, or a political subdivision
thereof, as referred to in Section 103 of the Code, and Lessee's obligation hereunder constitutes an
enforceable obligation issued on behalf of a state or a political subdivision thereof.
15 TAX COVENANTS. Lessee covenants that it: (a) shall comply with all of the requirements of
Sections 149(a) and 149(e) of the Code, as they may be amended from time to time, including, but not
limited to, executing and filing Internal Revenue Form 8038G or 8038GC, as the case may be, and any
other information statements reasonably requested by Lessor; (b) shall not do (or cause to be done) any
act which will cause, or by omission of any act allow, the Lease to be an "arbitrage bond" within the
meaning of Section 148(a) of the Code or the Lease to be a"private activity bond" within the meaning of
Section 141(a) of the Code; and (c) shall not do (or cause to be done) any act which will cause, or by
omission of any act allow, the interest portion of any Rent Payments to be or become includable in gross
income for federal income taxation purposes under the Code.
16. ASSIGNMENT. (a) Lessee shall not assign, transfer, pledge, hypothecate, nor grant any Lien on,
nor otherwise dispose of, this Lease or any Equipment or any interest in this Lease or Equipment. (b)
Lessor may assign its rights, title and interest in and to this Lease or any Equipment, and/or may grant or
assign a security interest in this Lease and its Equipment, in whole or in part, to any party at any time.
Any such assignee or lien holder (an "Assignee") shall have all of the rights of Lessor under the
applicable Lease. LESSEE WILL NOT ASSERT AGAINST ANY ASSIGNEE ANY CLAIMS,
ABATEMENTS, SETOFFS, COUNTERCLAIMS, RECOUPMENT OR ANY OTHER SIMILAR
DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR. Unless Lessee agrees otherwise in
writing, any such assignment transaction shall not release Lessor from any of Lessor's obligations under
this Lease. An assignment or reassignment of any of Lessor's rights, title or interest in the Lease or its
Equipment will be enforceable against Lessee only after Lessee receives a written notice of assignment
which discloses the name and address of each such Assignee. For purposes of Section 149 of the Code,
4
Lessee hereby appoints Lessor (or Lessor's designee) as the book entry and registration agent to keep a
complete record of any and all assignments of this Lease. Lessee agrees to acknowledge in writing any
such assignments if so requested. (c) Subject to the foregoing, this Lease inures to the benefit of and is
binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
17. EVENTS OF DEFAULT. "Event of DefaulY' means the occurrence of any one or more of the
following: (a) Lessee fails to make any Rent Payment (or any other payment) as it becomes due
hereunder, and any such failure continues for 10 days after the due date thereof; (b) Lessee fails to
perform any of its obligations under Sections 10(a), 12, or 16(a); (c) Lessee fails to perform or observe
any other condition or agreement to be performed or observed by it hereunder and such failure is not
cured within 30 days after receipt of Lessor's written notice thereof; (d) any statement, representation or
warranty made by Lessee herein or in any writing delivered by Lessee in connection therewith proves at
any time to have been false or misleading in any material respect as of the time when made; (e) Lessee
applies for, or consents to, the appointment of a receiver, trustee, conservator or liquidator of Lessee or of
all or a substantial part of its assets, or a petition for relief is filed by Lessee under any federal or state
bankruptcy, insolvency or similar law, or a petition in a proceeding under any federal or state bankruptcy,
insolvency or similar law is filed against Lessee and is not dismissed within 60 days thereafter; or (f)
Lessee shall be in default under any other lease or under any other financing agreement executed at any
time with Lessor.
18 REMEDIES. (a) If any Event of Default occurs, Lessor may, at its option, do one or more of the
following: (i) require Lessee to pay all amounts then currently due hereunder and all remaining Rent
Payments to become due hereunder, together with interest on such amounts at the rate of 12% per
annum (but not to exceed the highest rate permitted by applicable law) from the date of Lessor's demand
for such payment; (ii) require Lessee to promptly return all Equipment to Lessor in the manner set forth in
Section 19, (iii) enter upon the premises where any Equipment is located and repossess such Equipment
without demand or notice, without any court order or other process of law and without liability for any
damage occasioned by such repossession; (iv) sell, lease or otherwise dispose of any Equipment, in
whole or in part, in one or more public or private transactions, and if Lessor so disposes of any
Equipment, Lessor will retain the entire proceeds of such disposition free of any claims of Lessee,
provided, that if the net proceeds of the disposition of all the Equipment exceeds the applicable
Termination Value plus the amounts payable by Lessee under this Section's clauses (a)(i) and (a)(vii),
then such excess amount shall be remitted by Lessor to Lessee; (v) terminate, cancel or rescind this
Lease as to any and all Equipment; (vi) exercise any other right, remedy or privilege which may be
available to Lessor under applicable law or, by appropriate court action at law or in equity, Lessor may
enforce any of Lessee's obligations under the Lease; and/or (vii) require Lessee to pay all of Lessor) out-
of-pocket costs and expenses incurred as a result (directly or indirectly) of the Event of Default and/or of
Lessor's actions under this Section, including, without limitation, any attorney fees and expenses and any
costs related to the repossession, safekeeping, storage, repair; reconditioning or disposition of any
Equipment. (b) None of the above remedies is exclusive, but each is cumulative and in addition to any
other available remedy. Exercise of one or more remedies will not preclude its exercise of any other
remedy. No delay or failure in exercising any remedy hereunder shall operate as a waiver thereof nor as
an acquiescence in any default. No single or partial exercise of any remedy precludes any other exercise
thereof or the exercise of any other remedy.
19. EQUIPMENT RETURN. If Lessor is entitled to obtain possession of any Equipment under the
provisions of this Lease or if Lessee is obligated at any time to return any Equipment, then (a) title to the
Equipment shall vest in Lessor immediately upon Lessor's notice thereof to Lessee, and (b) Lessee shall,
at its sole expense and risk, immediately de-install, disassemble, pack, crate, insure and return the
Equipment to Lessor (all in accordance with applicable industry standards) at any location in the
continental United States selected by Lessor. The Equipment shall be in the same condition as when
�essee received it (except reasonable wear, tear and depreciation resulting from normal and proper use);
shall be in good operating order and maintenance as required hereunder; shall be free and clear of any
Liens (except Lessor's Lien); and shall comply with all applicable laws and regulations. Until the
Equipment is returned as required above, this Lease shall remain in full force including, without limitation,
the obligations to pay Rent Payments and to insure the Equipment. Lessee will execute and deliver to
Lessor all documents reasonably requested by Lessor to evidence the transfer of the EquipmenYs legal
and beneficial title to Lessor and to evidence the termination of Lessee's interest in the Equipment.
5
20. LAW GOVERNING. Each lease shall be governed by the laws of the state of the lessee (The
"State").
21. FINANCIAL INFORMATION; INDEMNITY; POWER OF ATTORNEY. As soon as they are
available after their completion in each fiscal year of Lessee during the Lease Term, Lessee wil� deliver to
Lessor upon Lessor's request the publicly available annual financial information of Lessee. Lessee shall
indemnify, hold harmless and, if Lessor requests, defend Lessor and its shareholders, affiliates,
employees, dealers and agents against all Claims directly or indirectly arising out of or connected with (a)
the manufacture, installation, use, lease, possession or delivery of the Equipment, (b) any defects in the
Equipment, any wrongful act or omission of Lessee, or its employees and agents, or (c) any claims of
alleged breach by Lessee of this Lease-Purchase Agreement or any related document. "Claims" means
all losses, liabilities, damages, penalties, expenses (including attorney's fees and costs), claims, actions
and suits, whether in contract, tort or otherwise. Lessee hereby appoints Lessor its true and lawful
attorney-in-fact (with full power of substitution) to (y) prepare any instrument, certificate of title or financing
statement covering the Equipment or otherwise protecting Lessor's interest in the Equipment, to sign
Lessee's name with the same force and effect as if signed by Lessee, and to file same at the proper
location(s); and (z) make claims for, receive payment of, and execute and endorse all documents, checks
or drafts for loss, theft, damage or destruction to the Equipment under any insurance.
22. MISCELLANEOUS. (a) All section headings in the Lease are for reference only and do not define
or limit the scope of any provision hereof. (b) This Lease may be executed in several counterparts, each
of which shall be deemed an original, but all of which shall be deemed one instrument. Only one
counterpart of this Lease will be marked "Lessor's Original". All other counterparts will be deemed
duplicates. An assignment of, or security interest in, this Lease may be created through transfer and
possession only of the counterpart marked "Lessor's Original". (c) This Lease constitutes the entire
agreement between the parties with respect to the lease of the Equipment. This Lease shall not be
modified or amended except with the written consent of Lessee and Lessor. Any provision of this Lease
found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the
remainder of the Lease. (d) All notices to be given hereunder shall be in writing and either personally
delivered or mailed by regular or certified mail or sent by an overnight courier delivery company to the
other party at its address set forth herein or at such address as the party may provide in writing from time
to time. Any such notices shall be deemed to have been received 5 days after mailing if sent by regular
or certified mail, or on the next business day if sent by overnight courier, or on the day of delivery if
delivered personally.
OPTIONS AT END OF LEASE TERM. At the end of the Lease Term, Lessee shall have the options set
forth in the End-Of-Lease Term Options Rider that is attached to and made a part of the Lease if and only
if said End-Of-Lease Term Options Rider has been executed by Lessee, Lessor and Manufacturer or
Manufacturer's designee.
City of Palm Beach Gardens Oshkosh Capital
(°l.essee") ("�essor")
��—
�#1'e:
10500 North Military Trail
Palm Beach Gardens, FL 33410
.�
By:
Title Fundinct Authoritv
10 West Broad Street, Suite 310
Columbus, OH 45215
SCHEDULE A-1 TO LEASE-PURCHASE AGREEMENT
This Schedule A-1, (the "Schedule") is attached and made a part of the Lease-Purchase Agreement No.
393970002, together with all exhibits, schedules, addenda, and other attachments thereto, executed by Lessee
and Lessor (the "Lease"). Unless otherwise defined herein, capitalized terms will have the same meaning
ascribed to them in the Lease. To the extent that there is any conflict befinreen the terms of the Lease and this
Schedule, the terms of this Schedule shall control.
1. EQUIPMENT DESCRIPTION. As used in the Lease, "EquipmenY' means all of the property described in
this Schedule and all attachments, additions, accessions, parts, repairs, improvements, replacements and
substitutions thereto.
2. ESSENTIAL USE; CURRENT INTENT OF LESSEE. Lessee represents that the use of the Equipment is
essential to Lessee's proper, efficient and economic functioning or to the services that Lessee provides to its
citizens and the Equipment will be used by Lessee only for the purpose of performing its governmental or
proprietary functions consistent with the permissible scope of its authority. Lessee currently intends for the full
Lease Term: to use the Equipment; to continue this Lease; and (if applicable) to make Rent Payments if funds
are appropriated in each fiscal year by its governing body.
3. BANK QUALIFIED. LESSEE CERTIFIES THAT IT HAS DESIGNATED THIS LEASE-PURCHASE
AGREEMENT AS A QUALIFIED TAX-EXEMPT OBLIGATION IN ACCORDANCE WITH SECTION 265(b)(3)
OF THE CODE, THAT IT HAS NOT DESIGNATED MORE THAN $10,000,000 OF ITS OBLIGATIONS AS
QUALIFIED TAX-EXEMPT OBLIGATIONS IN ACCORDANCE WITH SUCH SECTION FOR THE CURRENT
CALENDAR YEAR AND THAT IT REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF TAX-
EXEMPT OBLIGATIONS TO BE ISSUED BY LESSEE DURING THE CURRENT CALENDAR YEAR WILL NOT
EXCEED $10,000,000.
4. EQUIPMENT LOCATION 8� DESCRIPTION.
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Palm Beach County
2003 75' Quantum Ladder
VIN #
5. LEASE PAYMENT SCHEDULE.
(a) Accrual Date:
(b)
�
Amount Financed:
Equipment Purchase Price
Purchase Price Deductions
Prepay Discounts
Trade In
Total Amount Financed (Cash Sale Price minus
Purchase Price Deductions)
October 23, 2002
$ 614,442.00
$ 0.00
$ 35,872.00
$ 80,000.00
$ 498,570.00
(c) Payment Schedule:
Accrual Date: 10/23/2002
Rent Payment Rent Payment Rent Payment
Number Date Amount
1
2
3
4
5
6
7
8
9
10
11
10/23/2003
10/23/2004
10/23/2005
10/23/2006
10/23/2007
10/23/2008
10/23/2009
10/23/2010
10/23/2011
10/23/2012
10/23/2012
Citv of Palm Beach Gardens
("Lessee")
�
l�t'e:
$
52,043.60
52,043.60
52,043.60
52,043.60
52,043.60
52,043.60
52,043.60
52,043.60
52,043.60
52,043.60
173,235.59
Interest
Portion
$
26,573.78
25,216.24
23,786.34
22,280.23
20,693.84
19,022.90
17,262.90
15,409.08
13,456.46
11,399.77
0.05
Principal Portion
$
25,469.82
26,827.36
28,257.26
29,763.37
31,349.76
33,020.70
34,780.70
36,634.52
38,587.14
40,643.83
173,235.54
Oshkosh Capital
("Lessor")
By:
Title: Fundina Authority
Termination
Value
$
482,562.18
455,198.27
426,375.87
396,017.23
364,040.47
330,359.36
294,883.05
257,515.84
218,156.95
176, 700.25
0.00
FORM OF OPINION OF COUNSEL
(To Be Typed on Attorney's Letterhead Stationary)
Date:
Lessee: Citv of Palm Beach Gardens
Lessor: Oshkosh Capital
Re: Lease-purchase Agreement No. 393970002 dated October 7, 2002, by and between the above-
named Lessee and the above-named Lessor
Gentlemen:
I have acted as counsel to Lessee with respect to the Lease Schedule, the Lease-Purchase Agreement
and all other agreements described above or related thereto (collectively, the "Agreements") and various
related matters, and in this capacity have reviewed a duplicate original or certified copy of the
Agreements and such other documents as I have deemed necessary for the purposes of this opinion.
Based upon the examination of such documents, it is my opinion that:
1. Lessee is a political subdivision of the State of (the "State") duly organized, existing
and operating under the Constitution and laws of the State.
1. Lessee is authorized and has power under State law to enter into all of the Agreements, and to
carry our its obligations thereunder and the transactions contemplated thereby.
2. The Agreements and all other documents related thereto have been duly authorized, approved,
and executed by and on behalf of Lessee, and each of the Agreements is a valid and binding
contract of Lessee enforceable in accordance with its terms, except to the extent limited by State
and Federal law affecting creditor's remedies and by bankruptcy, reorganization or other laws of
general application relating to or affecting the enforcement of creditors' rights.
3. The authorization, approval and execution of the Agreements and all other proceedings of Lessee
relating to the transactions contemplated thereby have been performed in accordance with all
applicable Local, State and Federal laws (including open meeting laws and public bidding and
property acquisition laws).
4. To the best of my knowledge, there is no litigation or proceeding pending before any court,
administrative agency or governmental body, that challenges: the organization or existence of
Lessee; the authority of its officers; the proper authorization; approval and execution of any of the
Agreements or any documents relating thereto; the appropriation of monies to make payments
under the Agreements for the current fiscal year; or the ability of Lessee otherwise to perform its
obligations under the Agreements and the transactions contemplated thereby.
5. Lessee is a political subdivision of the State as referred to in Section 103 of the Internal Revenue
Code of 1986, as amended, and the related regulations and rulings thereunder.
Lessor, its Assignee and any of their assigns may rely upon this opinion.
Very truly yours,
Attorney
RESOLUTION
Municipality/Lessee: City of Palm Beach Gardens
Principal Amount Expected To Be Financed: $498.570.00
WHEREAS, the Municipality is a political subdivision of the State in which Municipality is located (the
"State") and is duly organized and existing pursuant to the Constitution and laws of the State.
WHEREAS, pursuant to applicable law, the governing body of the Municipality ("Governing Bod�') is
authorized to acquire, dispose of and encumber real and personal property, including, without limitation,
rights and interest in property, leases and easements necessary to the functions o� operations of the
Municipality.
WHEREAS, the Governing Body hereby finds and determines that the execution of one or more Lease-
Purchase Agreements ("Leases") in the principal amount not exceeding the amount stated above for the
purpose of acquiring the property ("EquipmenY') to be described in the Leases is appropriate and
necessary to the functions and operations of the Municipality.
WHEREAS, Oshkosh Capital ("Lessor") shall act as Lessor under said Leases.
NOW, THEREFORE, Be It Ordained by the Governing Body of the Municipalitwy:J / �
�/c7�/a r . �Y i-s�ir.GG �`l�h+I � 7'S7� "i
Section 1. Either one of thel( ��� ✓oS��-� OR�j' �'����+ ���"�5 (each an
"Authorized Representative") acting on behalf of the Municipality, is hereby authorized to negotiate, enter
into, execute, and deliver one or more Leases in substantially the form set forth in the document presently
before the Governing Body, which document is available for public inspection at the office of the
Municipality. Each Authorized Representative acting on behalf of the Municipality is hereby authorized to
negotiate, enter into, execute, and deliver such other documents relating to the Lease as the Authorized
Representative deems necessary and appropriate. All other related contracts and agreements necessary
and incidental to the Leases are hereby authorized.
Section 2. By a written instrument signed by any Authorized Representative, said Authorized
Representative may designate specifically identified officers or employees of the Municipality to execute
and deliver agreements and documents relating to the Leases on behalf of the Municipality.
Section 3. The aggregate original principal amount of the Leases shall not exceed the amount stated
above and shall bear interest as set forth in the Leases and the Leases shall contain such options to
purchase by the Municipality as set forth therein.
Section 4. The Municipality's obligations under the Leases shall be subject to annual appropriation or
renewal by the Governing Body as set forth in each Lease and the Municipality's obligations under the
Leases shall not constitute general obligations of the Municipality or indebtedness under the Constitution
or laws of the State.
Section 5. As to each Lease, the Municipality reasonably anticipates to issue not more than $10,000,000
of tax-exempt obligations (other than "private activity bonds" which are not "qualified 501(c)(3) bonds")
during the fiscal year in which each such Lease is issued and hereby designates each Lease as a
qualified tax-exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as
amended.
Section 6. This resolution shall take effect immediately upon its adoption and approval.
�ADOPTED AND APPROVED on this , 20
The undersigned Secretary/Clerk of the above-named Municipality hereby certifies and attests that the
undersigned has access to the official records of the Governing Body of the Municipality, that the
foregoing resolutions were duly adopted by said Governing Body of the Municipality at a meeting of said
Governing Body and that such resolutions have not been amended or altered and are in full force and
effect on the date stated below.
LESSEE: City of Palm Beach Gardens
[SEAL]
� Signature of Secretary/Clerk of Municipality
� Print Name:
i( Official Title:
� Date:
CERTIFICATE OF INCUMBENCY
Lessee: Citv of Palm Beach Gardens
Lease Schedule No.: 393970002 Dated: October 7, 2002
I, the undersigned Secretary/Clerk identified below, do hereby certify that I am the duly elected or
appointed and acting Secretary/Clerk of the above Lessee (the "Lessee"), a political subdivision duly
organized and existing under the laws of the State where Lessee is located, that I have the title stated
below, and that, as of the date hereof, the individuals named below are the duly elected or appointed
officers of the Lessee holding the offices set forth opposite their respective names.
[NOTE: Use same titles as Authorized Representatives stated in Resolutions.]
�Yic .Job/.-� �-Ia a.•
� Name � Title � � Signature
��ll�ih Ocvc�-, S � %3s-,o hcG A�•��•� .�,
Name Title Signature
IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such
Lessee as of the date set forth below.
� Signature of Secretary/Clerk of Lessee
� Print Name:
�( Official Title:
%( Date:
[SEAL]
Form 8038-G �nformation Return for Tax-Exempt Governmental Obligations
► Under Internal Revenue Code section 149(e) OMB No. 15as-o72o
(Rev. November 2000) ► See separate Instructions.
Deparvnent of the Treasury Caution: If the issue price is under $100,000, use Form 8038-GC.
Internal Revenue Service
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Issuer's name
CITY OF PALM BEACH GARDENS
Number and street (or P.O. box if mail is not delivered to street address)
1050U NORTH MILITARY TRAIL
City, town, or post office, state, and ZIP code
PALM BEACH GARDENS, FL 33410
Name of issue
393970002
Name and title of officer or legal representative whom the IRS may call for more information
ANGELA MASONI
enter the issue
If Amended Return, check here ►[
2 Issuer's employer identification number
59 ; 6Q45863
Room/suite 4 Report number
3
6 Date of issue
10/23/2002
8 CUSIP number
10 Telephone number of officer or legal representative
( 614 �221-0538
�1 See instructions and attach schedule
❑ Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
❑ Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . � 2
❑ Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
� Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
❑ Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . 15
❑ Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
❑ Utilities . . . . . . . . . . . . . . . . . . . . . . . . . • - - . 17
❑ Other. Describe ► 18
If obligations are TANs or RANs, check box ►❑ If obligations are BANs, check box ►❑
If obli ations are in the form of a lease or installment sale, check box ►❑
Description of Obliqations. Complete for the entire issue for which this form is beinq filed.
(c) Stated redemption
(a) Final maturity date (b) Issue price price at matunty
(d) Weighted
average maturity
10/23/2012 $ 498,570.00 $ 10 vears
Uses of Proceeds of Bond Issue (including underwriters' discount
Proceeds used for accrued interest . . . . . . . . . . . . . . . . .
Issue price of entire issue (enter amount from line 21, column (b)) ... ..
Proceeds used for bond issuance costs (including underwriters' discount) , 24
Proceeds used for credit enhancement , . . . . . . . . . . . 25
Proceeds allocated to reasonably required reserve or replacement fund .. 26
Proceeds used to currently refund prior issues ......... 27
Proceeds used to advance refund prior issues ......... 28
Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . .
Nonrefundin roceeds of the issue (subtract line 29 from line 23 and enter amount t
Description of Refunded Bonds (Complete this part only for refun�
Enter the remaining weighted average maturity of the bonds to be currently refunded
Enter the remaining weighted average maturity of the bonds to be advance refunded
Enter the last date on which the refunded bonds will be called ........
Enter the date(s) the refunded bonds were issued ►
m Miscellaneous
,570.00
(e) Yield
5.33 %
� years
� years
. . . �
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) ,,, 35
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 36a
b Enter the final maturity date of the guaranteed investment contract ►
37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a
b If this issue is a loan made from the proceeds of another tax-exempt issue, check box ►❑ and enter the name of the
issuer ► and the date of the issue ►
38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box ... ��
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ............ �❑
40 If the issuer has identified a hed e, check box ►❑
. . . . . . . . . . . . . . . . . . . . . . .
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge
and belief, they are true, correct nd complete.
Sign
Here ' ►,� fJ�,��1/ l%!�t/ENS . f�
Signature of issuer's authorized representative Date , Type or print name and title
For Paperwork Reduction Act Notice, see page 2 of the Instructions.
�
Cat. No. 637735 Form 8038-G (Rev. ��-z000)
i�/A NC �'
HZN�7l6�
INSURANCE COVERAGE DISCLOSURE
Oshkosh Capital, LESSOR
Citv of Palm Beach Gardens, LESSEE
RE: INSURANCE COVERAGE REQUIREMENTS
In accordance with the Lease-Purchase Agreement, Lessee certifies that it has instructed the
insurance agent named below (please fill in name, address, and telephone number):
.
� ! ►
►
• . .. .
� � � , � C
��
to issue: (check to indicate coverage)
a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of
Insurance and Long Form Loss Payable Clause naming Oshkosh Capital and/or its assigns as Loss
Payee.
Coverage Required: Termination Value Specified
b. Public Liability Insurance evidenced by a Certificate of Insurance naming Oshkosh Capital
and/or its assigns as an Additional Insured.
Minimum Coverage Required:
$500,000.00 per person
$1,000,000.00 aggregate bodily injury liability
$500,000.00 property damage liability
� Proof of insurance coverage will be provided to Oshkosh Capital, 10 W. Broad Street., Suite 310,
Columbus, OH 43215; prior to the time that the property is delivered to Lessee.
�CT`.7
Pursuant to the Lease-Purchase Agreement, Lessee represents and warrants, in addition to other
matters under the Lease-Purchase Agreement, that it is lawfully self-insured for: (check to indicate
coverage)
a. All risk, physical damage in the amount specified in 1(a) above.
b. Public liability for not less than the amounts specified in 1(b) above.
Lessee has attached a signed letter describing self-insurance.
LESSEE:
�i: 1kfle: FZ�iv�NC E /T�� �NT s7'�i��47� �
/ t � \.
INSURANCE INFORMATION
Please provide the following information to your insurance company to help expedite receipt of the
necessary coverage:
ITEMS WHICH NEED TO BE REFLECTED ON INSURANCE CERTIFICATE:
• Oshkosh Capital must be named Loss Payee and Additional Insured
• 30 Days Notice of Cancellation
• Not Less than $1,000,000.00 limits on liability '
• Certificate must reflect a short equipment description
• Certificate must reflect an expiration date
Certificate Holder Information:
Oshkosh Capital, its successors and/or all assigns
10 West Broad Street, Suite 310
Columbus, OH 43215
Please send a FAX copy of certificate to Angela Masoni at 1-800-678-0602.
The original should be mailed to the same at:
Oshkosh Capital
10 West Broad Street, Suite 310
Columbus, OH 43215
Please call Angela Masoni at 1-800-820-9041, ext. 1, opt. 3, if you have any questions.
END-OF-LEASE TERM OPTIONS RIDER
(Including "Turn In" Option)
Lease-Purchase Agreement Number
Lessee: City of Palm Beach Gardens
Balloon Rent Payment: $173,235.59 (Payable at the End of the Lease Term)
Reference is made to the above Lease-Purchase Agreement together with its Schedule A-1 and
all related agreements ("Lease") between Oshkosh Capital ("Lessor") and the above Lessee ("Lessee").
Unless otherwise defined herein, capitalized terms defined in the Lease shall have the same meaning
when used herein. Lessee and Lessor agree that this Rider is attached to and made a part of the Lease.
1. THREE OPTIONS AT THE END OF THE LEASE TERM. At the end of the Lease Term, Lessee
shall have the following three options (provided, that if Lessee fails to furnish the advance written
notice as required in paragraphs 3 or 4 below, then Lessee shall automatically be obligated to pay
in full the amounts set forth in paragraph 2 below): (i) Lessee may pay the Balloon Rent Payment
and all other amounts set forth in paragraph 2 below; or (ii) subject to the requirements of paragraph 3
below, Lessee may turn in the Equipment to Pierce Manufacturing, Inc. ("Pierce") and Lessee shall agree
to acquire a new fire truck supplied by Pierce or Pierce's designated dealer; or (iii) subject to the
requirements of paragraph 4 below, Lessee may re-finance the Balloon Rent Payment.
2. BALLOON RENT PAYMENT. Unless Lessee has made an effective and timely election under
paragraphs 3 or 4 below, at the end of the Lease Term, Lessee shall pay Lessor the Balloon Rent
Payment together with all other unpaid Rent Payments and all other amounts then due and payable by
Lessee under the Lease and thereafter the Lease shall terminate in accordance with Section 13 of the
Lease. "Balloon Rent PaymenY' means the amount set forth above as the Balloon Rent Payment.
Lessee expressly agrees that if it fails to furnish the advance written notice as required in paragraphs 3 or
4 below, then Lessee shall automatically be obligated to pay to Lessor in full the amounts set fo�th in this
paragraph 2.
3. "TURN-IN" OPTION WITH RETURN � MAINTENANCE REQUIREMENTS. If and only if Lessee
sends written notice to Lessor and Pierce that Lessee elects to exercise Lessee's rights under this
paragraph 3 at least 18 months (but no more than 24 months) before the end of the Lease Term, then
Lessee agrees for the benefit of both Lessor and Pierce that: (a) Lessee shall return the Equipment to
Pierce in accordance with subparagraphs 3.1 and 3.2 below; (b) Lessee shall enter into a binding contract
with Pierce (or Pierce's designated dealer) to acquire a Replacement Fire Truck in accordance with
subparagraph 3.4 below; and (c) Lessee shall pay in full all amounts set forth in subparagraphs 3.1, 3.2
and 3.3 below. If and only if (i) Lessee complies in full with all of the requirements of this paragraph 3,
then Lessee shall not be obligated to pay Lessor the Balloon Rent Payment at the end of the Lease Term.
Lessee acknowledges that Pierce is the intended third party beneficiary of the terms and conditions of this
paragraph 3, and Lessee agrees that Pierce, directly in its own name and for its own benefit, may
demand performance of and enforce any or all of Lessee's obligations as set forth in this paragraph 3
3.1 If Lessee has made an effective and timely election under the above terms of this
paragraph 3, then at the end of the Lease Term, Lessee shall return the Equipment to Pierce at a
location selected by Pierce and Lessee agrees for the benefit of both Lessor and Pierce that the
Equipment shall comply with the following return and maintenance conditions on such date, all as
determined by Pierce in its sole discretion: (1) during the Lease Term, Lessee shall have properly
maintained the Equipment, including, without limitation, all oil supplies, lubrication, brake and hydraulic
fluids, refrigeration fluids, filters and pollution control devices of the Equipment; (2) all paint shall be in
normal condition without excessive scratches, dents and chips, all graphics must be professionally
removed so that the exterior is in "trade-in" condition, and any paint or body repair exceeding $500.00
shall be completed at Lessee's expense; (3) all electrical components shall be fully operational and shall
pass the Pierce QSD113 electrical test (or its reasonable equivalent as determined by Pierce); (4) all
pumps must pass NFPA standard 1911 third-party certification (or its reasonable equivalent as
determined by Pierce); (5) engines shall perform according to original equipment manufacturer (OEM)
specifications without excessive fluid leaks or blow by (as specified in the owner's manual or its
equivalent); (6) the transmissions shall shift properly at rated loads and speeds and the mechanical
drivelines, differentials and final drives shall be in good condition without leaks or excessive vibration; (7)
air conditioning units shall be fully functional and cooling to their rated capacity; (8) all environmental
equipment shall be fully functional; (9) the engine and exhaust systems shall conform to all federal and
state emissions standards; (10) replacement parts installed on the Equipment shall have been supplied
by approved OEM suppliers; (11) all brakes shall have at least 50°/a remaining useful life; (12) each tire
shall have at least 50% remaining useful life, shall be of original size and rated capacity and shall not
have any material damage, and any tire not satisfying said standards shall be replaced at Lessee's
expense; (13) frame and structural members must be structurally sound and without breaks or cracks;
(14) glass shall not be cracked or broken; (15) batteries must hold their rated charge for 72 hours; (16)
any cost to repair damage to the chassis interior (including seat surfaces, headliners, door panels, dash
and radio equipment mounting) exceeding $500.00 shall be paid by Lessee; (17) aerials must pass NFPA
standard 1914 third-party certification (or its reasonable equivalent as determined by Pierce); (18) any
cost exceeding $1,000.00 in total to repair physical damage to hosebed areas, crosslays, compartment
interiors and treadplate surfaces shall be paid by Lessee; (19) all gauges and meters shall be fully
operational; (20) Lessee shall pay all out-of-pocket costs incurred by Pierce or its agent to transport the
Equipment to the location specified by Pierce and to insure the Equipment during such transportation;
and (21) Lessee shall have maintained the Equipment in compliance with Section 8 of the Lease.
3.2 At the time of Lessee's return of the Equipment to Pierce, (a) Lessee shall provide a
historical record of all maintenance and repairs of the Equipment and periodic lubrication analyses done
during the Lease Term in order to verify Lessee's compliance with the foregoing return and maintenance
conditions, and (b) Lessee shall transfer good title to the Equipment free and clear of all Liens to
Oshkosh Capital (or its designee) and deliver a Certificate of Title and such other documents as
Oshkosh Capital reasonably requests in connection with such transfer of title. Within 20 days of Lessee's
return of the Equipment, Pierce and/or its authorized agents will conduct a comprehensive road test, take
lubrication testing samples from the engine, transmission and differential (and such lubricant tests must
show no contaminants or excessive metal particles) and conduct other tests in order to determine
whether the Equipment complies with the foregoing return and maintenance requirements and Lessee
shall pay all costs and expenses necessary to make the Equipment comply with the foregoing return and
maintenance requirements. All sums due under this paragraph 3 shall be paid to Pierce promptly upon
Pierce's written demand and if said sums are not so paid by Lessee within 10 days from the demand
date, Lessee shall pay Pierce on demand as a late charge 5% of such overdue amount, limited, however,
to the maximum legal amount.
3.3 If Lessee intends to exercise its rights under this paragraph 3 and if at the time of Lessee's
return of the Equipment to Pierce at the end of the Lease Term the mileage recorded on the EquipmenYs
odometer is greater than the Maximum Mileage noted below, then Lessee shall pay to Pierce an excess
usage fee amount equal to the Excess Usage Fee stated below for each mile in excess of the Maximum
Mileage stated below:
Maximum Mileage at the End of the Lease Term: 150,000 miles
Excess Usage Fee: 6.14 per mile
3.4 No later than 18 months before the end of the Lease Term, Lessee shall have entered into a
binding written contract with Pierce or Pierce's designated dealer (which contract remains in effect at all
relevant times) to acquire a new fire truck (a "Replacement Fire Truck") from Pierce or Pierce's
designated dealer; provided, that (a) the terms and conditions of said contract shall be reasonably
satisfactory to Pierce or Pierce's designated dealer, and (b) the acquisition cost of the Replacement Fire
Truck shall not be less than the Balloon Rent Payment; and the acquisition shall be financed by Oshkosh
Capital.
3.5 After careful consideration of the Lessor's Cost of the Equipment, of the length of the Lease
Term, of the physical, technical and performance characteristics of the Equipment, of the anticipated
obsolescence of and Lessee's intended use of the Equipment, and of all other relevant factors, Lessee
represents and warrants to Lessor and Pierce that Lessee has no current fixed intention to exercise its
option under this paragraph 3.
3.6 If Pierce determines that the "turn-in" conditions set forth herein have not been satisfied by
Lessee, then the "turn-in" option of Lessee set forth in this paragraph 3 shall be void and Lessee shall be
obligated to pay to Oshkosh Capital in full the amounts set forth in paragraph 2 above.
4. RE-FINANCE OPTION. If and only if Lessee sends written notice to Lessor that Lessee elects to
exercise Lessee's rights under this paragraph 4 at least 3 months (but no more than 6 months) before
the end of the Lease Term, then Lessor agrees to re-finance the Balloon Rent Payment with Lessee so
long as all of the following conditions are satisfied in full: (a) Lessor in its sole discretion approves in
writing the extension of credit to Lessee in connection with said re-financing; (b) the interest rate and term
of the re-financing shall be mutually acceptable to Lessor and Lessee (provided, that if for any reason
Lessor and Lessee fail to agree on the interest rate and term for the re-financing, then Lessor shall have
no obligation to re-finance the Balloon Rent Payment); (c) Lessee shall execute and deliver to Lessor
such agreements as Lessor reasonably requires for such re-financing including, but not limited to, (i) an
amendment of the Lease and its Schedule to reflect the terms of the re-financing approved by Lessor; (ii)
no Event of Default under the Lease shall have occurred and be continuing; (iii) no material adverse
change shall have occurred in the Internal Revenue Code of 1986, as amended, and the related
regulations and rulings (collectively, the "Code"); (iv) all representations of Lessee in the Lease remain
true, accurate and complete; and (v) Lessor has received all of the following documents, which shall be
reasonably satisfactory, in form and substance, to Lessor (A) evidence of required insurance coverage;
(B) an opinion of Lessee's counsel; (C) copies of resolutions by Lessee's governing body authorizing the
re-financing of the Lease and incumbency certificates for the person(s) who will sign the required
documents for the re-financing; (D) such documents and certificates relating to the tax-exempt interest
payable in connection with the re-financing (including, without limitation, IRS Form 8038G or 8038GC) as
Lessor may request; and (E) such other documents and information as are reasonably requested by
Lessor.
City of Palm Beach Gardens Oshkosh Capital
(�essee Name) ("�essor")
��
�{le:
Pierce Manufacturing, Inc., solely for the purposes
of acknowledging the Balloon Rent Payment and its
status as Third-Party beneficiary under certain
terms of this Agreement.
By:
Title:
By:
Title:
THREE PARTY AGREEMENT
Dated as of October 7, 2002
"Lessee" means City of Palm Beach Gardens
"Lease" means Lease-Purchase Agreement No. 393970002 dated October 7, 2002, together with
its Schedule A-1.
Reference is made to the Lease-Purchase Agreement ("Lease") described above
between Oshkosh Capital ("Lessor") and the Lessee identified above which relates to Equipment
described in the Schedule A-1, attached therein ("EquipmenY') to be supplied by Pierce
Manufacturing, Inc. ("Supplier"). For good and valuable consideration, receipt of which is
hereby acknowledged, Lessee, Lessor and Supplier hereby agree as follows:
1. Notwithstanding anything to the contrary in the Lease, Lessee hereby notifies Lessor that the
Equipment has not yet been delivered to Lessee and the Equipment has not yet been accepted
by Lessee for purposes of the Lease. Lessee agrees to execute and deliver to Lessor a Delivery
and Acceptance Certificate in the form attached hereto as Exhibit A upon the circumstances set
forth in said Certificate.
2. All parties hereto agree that the Purchase Price of the Equipment shall be as set forth below
if said Purchase Price is paid on or before the Advance Payment Date set forth below:
Purchase Price: $614,442.00
Vendor Discounts: $35.872.00
Advance Payment Date: 10/23/2002
3. Upon execution of the Lease and delivery of all documents relating thereto required by
Lessor, Lessee agrees that it shall pay the Lessee Down Payment stated below and Lessor
agrees that it shall pay the balance of the Purchase Price (the "Amount Financed") stated below.
Lessee agrees that the Lease Term and Lessee's obligation to pay Rent Payments shall
commence on the date set forth in the Lease notwithstanding the delivery of the Equipment at a
later date.
Lessee Down Payment: $0.00
Trade In: $80.000.00
Amount Financed: $498.570.00
1. (a) Supplier anticipates that it shall deliver the Equipment to Lessee by the Anticipated
Delivery Date set forth below.
Anticipated Delivery Date: July 23. 2003
(b) Supplier hereby agrees that it shall deliver the Equipment to Lessee no later than the
Outside Delivery Date set forth below and that such Equipment shall comply with all
specifications and requirements of Lessee and with the terms and conditions of any purchase
order/purchase agreement relating thereto.
Outside Delivery Date: September 23. 2003
2. If Supplier delivers the Equipment to Lessee in accordance with subparagraph 4(b) hereof
after the Anticipated Deliverv date but on or before the Outside Deliverv Date, then Supplier
agrees to pay all interest that has accrued under the Lease from and including the Anticipated
Delivery date through the date that Supplier delivers the Equipment to Lessee in accordance with
subparagraph 4(b) hereof.
3. If for any reason whatsoever Supplier fails to comply with its agreements set forth in
subparagraph 4(b) of this Agreement by the Outside Delivery Date, then Supplier hereby agrees
as follows:
(a) On the first business day after the Outside Delivery Date, Supplier shall pay to Lessee the
Lessee Down Payment plus interest at the Prime Rate plus one percent (1 %) per annum
from the Advance Payment Date to the date of such payment;
(b) On the first business day after the Outside Delivery Date, Supplier shall pay to Lessor the
Amount Financed plus interest at the Prime Rate plus one percent (1 %) per annum from the
Advance Payment Date to the date of such payment; and
(c) "Prime Rate" means the prime rate of interest as published from time to time in the Wall
Street Journal.
4. If Supplier makes the payments described in paragraph 6 above under the circumstances
set forth above and if Lessee has otherwise paid and perFormed its obligations under the Lease
as of such payment date, then Lessee and Lessor agree that the Lease shall terminate as of the
date of such payments by Supplier.
5. Except as expressly set forth herein, the Lease and terms and conditions of the purchase
order/purchase agreement for the Equipment remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the duly authorized officers of the parties set forth below
hereby execute and deliver this Agreement as of the date first written above.
Citv of Palm Beach Gardens
("Lessee")
�-
��
Pierce Manufacturinq Inc.
("Supplier")
By:
Title:
Oshkosh Capital
("Lessor")
By:
Title: Fundinq Authority
DELIVERY 8� ACCEPTANCE CERTIFICATE
Lease-Purchase Agreement:
Reference is made to the above Lease-Purchase Agreement ("Lease"), which has been
executed and delivered by the undersigned Lessee ("Lessee") and Oshkosh Capital ("Lessor").
This Certificate amends and supplements the terms and conditions of the Lease-Purchase
Agreement and is hereby made a part of the Lease. Unless otherwise defined herein, capitalized
terms defined in the Lease-Purchase Agreement shall have the same meaning when used
herein; provided, that "EquipmenY' shall mean the Equipment described in the Schedule A-1 and
in any attachment or exhibit to this Certificate.
Notwithstanding anything to the contrary, expressed or implied, in the Lease or its
Schedule A-1, Lessee agrees as follows:
1. ACCEPTANCE OF EQUIPMENT. As of the Acceptance Date stated below and as between
Lessee and Lessor, Lessee hereby agrees that: (a) Lessee has received and inspected all
Equipment; (b) all Equipment is in good working order and complies with all purchase orders,
contracts and specifications; (c) Lessee accepts all Equipment for purposes of the Lease "as-
is, where-is"; and (d) Lessee waives any right to revoke such acceptance.
�ACCEPTANCE DATE:
1. RENT PAYMENTS. Lessee hereby agrees that Lessee will pay the Rent Payments for the
Equipment in the amounts and on the dates specified in Schedule A-1 to the Lease.
Citv of Palm Beach Gardens
("Lessee")
�'
�e:
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 179, 2002
SubjectlAgenda Item:
Resolution 179, 2002 — Consider approval of a proposal in the amount of $688,959.20
from Ranger Construction Industries, Inc. for the Roadway improvements Project (City
Project No. 2002-025) via a Town of Lantana contract.
[ X ] Recommendation to APPROVE
( ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ 688.959.20 Council Action:
David Reyes, Streets (Total)
Superintendent
City Attorney Public Works % [] Approved
Angela Won rojects $ 384,302.61 []Approved w/
Manager �a� Current FY conditions
City Engineer�
Community Services [ ] Denied
Contracts/Grants Advertised: N/A Funding Source: [] Continued to:
Administrat
Date: [ X ] Operating Artachments:
Paper: [] Other • Resolution 179, 2002
Finance Director
• Ranger Construction
Industries, Inc. Proposal
• Scheduled Roadway
, Listing
Submitted by:
[ X ] Not Required
Jack Doughney,
Commun'ry Services
Ad in'
Depart n Director Affected parties Budget Acct.#: [] None
Appr by: � X ��fPd 016-3000-539.5265
(Gas Tax)
Ci Man er �] Not required
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 179, 2002
BACKGROUND: This item is in response to our recent road paving, sidewalk and swales
review conducted in April 2002. As approved on August 15, 2002, the City will be
conducting this work via a contract with Ranger Construction Industries, Inc. and Dunworth
Construction for paving, swales and sidewalks repairs.
In light of this, the Apri12002 review did not address logical paving tie-ins. As a result, staff
re-evaluated this item and included these additional areas for paving in this year's project
(see Exhibit "B"). Additionally, the City is utilizing fiscal year O1/02 and 02/03 funds for
this project and will cover both years worth of work.
City staff held a public workshop on Tuesday, October 1, 2002 to inform affected residents
of the forthcoming project. Taking into account resident reactions, improvements to Gardenia
Drive have been delayed until further analysis can be performed to necessitate the need for
the improvements. However, improvements to other areas throughout the City will continue
as originally planned.
Residents whose swales will be reconstructed were advised to remove any encroachments
such as landscaping from the road right-of-way that they wished to save within 60 days
beginning October 3rd. The City or contractor will remove any items left in the swales after
the 60-day period. Roadway resurfacing will begin in late October 2002 throughout the City
in areas where swales are not scheduled for reconstruction as provided in the attached list.
Residents have also been advised that if they need assistance with Palm tree relocation only,
the City can be of assistance. Vegetation, tree removal and relocation from swale areas are
included in Ranger's proposal.
• STAFF RECOMMENDATION: Approve Resolution 179, 2002 authorizing the execution
of a proposal for roadway improvements from Ranger Construction Industries, Inc. in the
amount of $688,959.20.
Frequently Asked
Questions & Answers
What will happen to the irrigation
system in the swale?
Answer: The resident needs to pro-
vide the location of irrigation lines and
sprinkler heads. The City will make
all necessary arrangements to repair
and reinstall system.
What do I do with my mailbox?
Answer: Contractor is responsible to
make any arrangements to work
around mailboxes. If a mailbox re-
quires being temporarily relocated, the
contractor is responsible for notifying
the Post Office and make the neces-
sary arrangements. Mail delivery will
not be affected during construction.
How soon do I have to move the en-
croachments from the right-of-way?
Answer: A period of sixty days begin-
ning on October 1, 2002, has been pro-
vided for any obstruction in the right-
of-way to be relocated.
:�r�` ��:r,' . ;'�.� . "�'
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,�',%'�,� �':��� , �
�
�
Frequently Asked
Questions & Answers
, Will I be able to get my car into
� my garage during the road and
�
swale project?
�
�� Answer: Yes, access to your drive-
�' way should not be obstructed during
. construction unless replacement of
! your driveway is required. If it is
, determined that your driveway needs
; to be replaced, the contractor will
notify you at least a week prior to
! this so arrangements can be made to
� allow parking on the swale during
, the construction. This process
should not take more than one week.
When is this work going to start?
Answer: Street resurfacing and ex-
isting sidewalk rehabilitation begins
on October 21, 2002. Swale restora-
tion with street resurfacing will be-
gin after December 1, 2002. Garde-
nia Drive resurfacing, swale work
and new sidewalk work will begin
after December l, 2002.
City of Palm Beach Gardens
Public Works Diuision
3704 Burns Road
Palm Beach Gardens, FL 33410
Phone: 561-775-8274
Fax: 561-775-8279
email: pw@pbgfl.com
City of Palm
Beach Gardens
.���
I� � �
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'� ��� � � ,
°'�_-�1,, [n ;
Public Works
Division
Street,
Sidewalk and
Swale
Improvements
for Fiscal Year
2002-2003
Street Resurfacing
Program
The street network of the City consists
of approximately 461,038 square yards
of pavement area. In January 2002,
Infrastructure Management Service,
Inc., designed a five year Pavement
Management Program (PMP) to assist
decision makers in finding optimum
strategies for providing and maintain-
ing pavements in a serviceable condi-
tion over a given time period. The pro-
gram outlines the conditions of current
roadways throughout the City and rec-
ommends timetables for repairs.
Streets that are repaired when they
are in fair condition will cost less over
their lifetime than streets that are al-
lowed to deteriorate. Without an ade-
quate routine pavement maintenance
program, streets will require more fre-
quent reconstruction costing millions
of extra dollars. City staff recom-
mends implementation of the �ive year
PMP in fiscal year 2002/2003.
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Gardenia Driue Resurfacing,
Swales and Sidewalk
Several years ago, the Neighborhood Task Force
(NTF) recommended installation of sidewalks in dif-
ferent areas of the City. The areas designated by the
NTF are as follows:
LOCATION I STATUS
Lilac Street
Riverside Drive
(between Burns
Road and Holly
Drive
Plant Drive
Burns Road
(between Military
Trail and Alt. A 1 A
MacArthur Boule-
vard pedestrian
bridge
Meridian Way
North and South
Crestdale Street
Gardenia Drive
Arbor Way
Fairway Drive at
PGA Boulevard
(missing link)
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Incomplete
Incomplete
Incomplete
(work in progress)
Gardenia Drive has been identified as the only ]inkage
road for Palm Beach Gardens High School without a side-
walk. This roadway has also been identified in the PMP
for resurfacing and swale reconstruction. A five foot
sidewalk is proposed from Holly Drive to Military Trail
along the south side of the roadway.
Swale Restoration
�, ,a� —
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In addition to street resurfacing, the
City has identified swales throughout
the City in need of restoration. During
fiscal year 2000, the City rebuilt 27
swale sites for a total of 3.85 miles of
swale restoration. Based on the Storm-
water Management Plan developed by
the City's engineering firm, LBFH, Inc.,
a recommendation was made to continue
the swale restoration work by prioritiz-
ing locations based on the Pavement
Management Program for roadway re-
surfacing and repair. The swale con-
struction and restoration work will be
scheduled at the same time as the road-
way work to save money and minimize
disruption in the neighborhood. The
swale restoration will assist in the deliv-
ery of stormwater runoff to the major
drainage basins which will lessen the
amount of standing water along the
roadways and properties.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 179, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, ESTABLISHING A CONTRACT PRICE WITH
RANGER CONSTRUCTION INDUSTRIES, INC. FOR PAVEMENT
RESURFACING AND SWALE RESTORATION SERVICES; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on August 15, 2002, the City Council adopted Resolution 112, 2002, awarding
a contract for pavement resurFacing and swale restoration services to Ranger Construction
Industries, Inc. ("Ranger") by "piggybacking" an Agreement between Ranger and the Town
of Lantana effective April 4, 2002 ("Lantana Agreement"); and
WHEREAS, Ranger has agreed to honorthe unit prices set forth in the Lantana Agreement
for pavement resurfacing and swale restoration, including sodding; and
WHEREAS, based on such unit prices, the City Council wishes to establish a contract price
with Ranger for services to be performed on behalf of City; and
WHEREAS, the City Council finds the adoption of this Resolution to be in the best interests
of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council of the City of Palm Beach Gardens hereby establishes a
contract price not to exceed $688,959.20 for pavement resurfacing and swale restoration
services performed by Ranger Construction Industries, Inc. in accordance with Resolution
112, 2002.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002.
MAYOR JABLIN
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that i have approved
this RESOLUTION as to form.
LEONARD G. RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
CQUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
-2-
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 179, 2002
EXHIBIT A
RANGER CONSTRUCTION INDUSTRIES,INC.
PROPOSAL
AGREEMENT FOR PAVEMENT RESURFACING
AND SWALE RESTORATION
THIS AGREEMENT is made and entered by and befinreen the City of Palm
Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 ("City")
and Ranger Construction Industries, Inc., 101 Sansbury's Way, West Palm Beach,
Florida 33411 ("Contractor").
WITNESSETH:
WHEREAS, through the adoption of Resolution 112, 2002, attached hereto and
incorporated herein as Exhibit "1," the City Council awarded a contract for pavement
resurfacing and swale restoration to the Contractor by "piggybacking" the Agreement
between the Contractor and the Town of Lantana, Florida, Florida, effective April 4,
2002 ("Lantana Agreement").
WHEREAS, in accordance with Resolution 112, 2002, the Agreement between
the City and the Contractor would become effective upon written confirmation executed
by a duly authorized officer of Contractor that the Contractor agrees to be bound to the
City pursuant to the terms and conditions of the Lantana Agreement.
NOW, THEREFORE, in consideration of the mutual representations and
obligations herein contained, the parties agree as follows:
1. The Contractor and City agree to be bound by the Lantana Agreement,
with the exception of the Supplementary Conditions, the Detailed Technical
Specifications and Drawings, and the Public PerFormance Bond. With respect to Bid
Proposal, Contractor agrees to be bound by the unit prices (and not the total price) for
the following items: asphalt overlay (item 1), grading and restoration of swales (item 7),
and sodding of swales (item 8). Contractor agrees that these unit prices shall remain in
effect until December 31, 2003.
2. The Contractor shall perform pavement resurFacing and swale restoration
services as required by, and directed by, the City or its designee and the City shall
compensate Contractor based upon the actual amount of work perFormed.
3. This Agreement shall be effective upon execution by both parties.
(The remainder of this page intentionally left blank — signatures on nexf pageJ
�
Attest:
Patricia Snider, City Clerk
Approved as to Form:
Leonard G. Rubin, City Attorney
INDUSTRIES,
CITY OF PALM BEACH GARDENS, a
Florida municipal corporation
Ronald M. Ferris, City Manager
Date:
RANGER CONSTRUCTION
IN
:
, a Florida corporation
��� �^ ���
``�.� am : Mi�ue1 a. Comea
itle' p�esldent
Date: �-�� Y � �—
COUNTY OFJ���/ ° )ss: �
The foregoing instrument �v s acknowledged before me thi� 3 day of
��°S• , 2001 by ����=� � �i2�- and `1/o.��v��.�i�nt as
and of Ranger Construction Industries,
inc., a Fiorida corporation who are personally known to me or produced
as identification.
•••••••••••••••••••••••ANGEIJ'► L �EMOND � ��1- � GLt G�_�
i Od11,�Y P�B •�
�o ��; _ CommissfOt� � OD007�9�
y��e � Expires 11/16/2005
��'�'oec��;� 8onded throu9h Ota Ub�IC
�NryuWN�
��a,�:..,z�a�.,��oddallotary.ns�n;��„c. Commission No.
My commission expires:
04-OCT-02 09:40AM FRO�-Ranaar Construction Industries, Ine. 561i804332 T-684 P.02/06 F-681
1�1 Sansbury's Way
West Palm Beach, FL 33411
Phone: (561) 793-9400
Fax: (561) 79011332
www.range rconstru ction.com
PROF'OSAL ANp CONTRACT
Submitted To: Palm Beach Gardens Public Works Data: 4-Oct-02
Phone: (561) 775-8274
Address: 3704 Bums Road Fax: (561) 775-8279
Palm seach Gardens, Fl. 33410 ,lob Name: P.B.G. Roadway Improvements
Contact:
17EM N�.
10
20
30
40
David Reyes
Job Locatlon:
Prop. Owned By:
'`**` REVISED "`"
DESCRIPTIQN
Type S-III Asphalt Overl��y
Grading & Restoration ol Swales
Sodding (Swales - Bahia)
Contingency for Misc. E�penses
Palm Beach Gardens, F�
City of Palm Beach Gardens, FL
�UANTITY UNIT UNIT PRICE EXT�NSION
6,755.000 TN $46.10 $311,�05.50
31,362.000 SY $6.40 $200,716.80
31,362.000 SY $2.45 $76,836.90
1.000 LS $100,000.04 $100,000.00
ESTIMATED TOTAL = 5688 959.20
Page 1 of 4
04-OCT-02 10:O7AM FROM—RanQer Construction Industries� Ine
Ranger Construction Industries, Inc.
101 Sansbury's Way
west Palm Beach, FL 33411
5617804332 T-686 P.02/03 F-683
S�'ECIAL NOTES
Phone: (561) 793-9A00
Fax: (561) 790�332
www, rangerconstruction.com
1) A�I above prices and �otes are based on F:anger Construction's current contract with The 7own of Lantana
entitled The Town of Lantana Roadway Irr�provements — Phase III.
2) Unlike the Town of Lantana project, a known source within 2 miles ot which to dispose of grass strippings is
not available. Ranger will make every effart to dispose of the strippings offsite, however, �f the strippings
cannot be sold, then they will become the propeRy of the City and Ranger is to be compensated for hauling
them locally to a site provided by the City ��f Palm Beach Gardens.
3) Asphalt prices valid for work to be compleced by December 2003. Ranger to be compensated for cost
increases beyond that date,
4) Grading 8 Restoration of Swales (Item 20) includes costs to strip existing sod, regrade swale areas (without
stabilization) and place new sod.
5) Proposal does not include any costs for d��iveway removals, clearing, roadway reconstruction, landscaping,
irrigation, and earthwork (embankment). �:learing was not included in this proposal as the quantity is
unknown. Should it be needed, an assessment shall be done in the field on a case-by•case basis and priced
accordingly,
6) A significant amount of irrigation systems may be encountered during swale restoration. This proposal does
not include any costs for the installation o� reinstallation of ifrigation systems in the �Ity'S roadway easement.
The City may elect to hire an irrigation coittractor to replace any irrigation systems that may be damaged
during construction.
7) Sodding (Item 30) to be installed using 'B.ahia' sod in areas without existing irrigation. If an existing swale
does contain an irrigation system than 'Fl��ritan' sod will be used at a price of $3.50/sy.
8) This proposal is based on estirnated quaritities. Final payment shall be made at the stat�d unit p�ice for 1he
actual quantities installed.
9) Item 40 (Contingency for Misc. Expenses) is based on potential costs needed for miscellaneous expenses
such as tree removal.
Page 2 of 4
04-OCT-02 09:40AM FRO�-Ranaer Construction Industries, Inc
Ranger Construction Industries, Inc.
101 Sansbury's Way
West Palm Beach, F� 33411
561i804332 T-684 P.04/06 F-681
TERIIJIS AND CONDITIONS
Phone: (561) 793-9�00
Fax: (561) 790�332
www, rangerconstru ction. com
1) It is expressly agreed that there are no promises, agreements, or understandings not set out in this contract,
Any subsequent cancellations or modilications must be mutually agreed upon in w�iting.
2) Unless a lump sum price is to be paiG for the foregoing work and is clearly so stated, it is understood and
agraed that the quantities referred to herein are estimates only and that payment shall be made at the stated
unit price for the actual quantities of materials utili=ed and worK performed by Ranger as determined upon
compleaon of the worlc.
3) Changes in labor clsssifications o� as:�ignment of work by anyone other than Ranger will establish a basis
for re-nEgotiation of prices set forth in this wntract. At the sole option of Ranger, this contract may be
cancelled in the event that said changes or assignments occur or in the event that said re-negotiation is
deemed unsatisfactory by Ranae�.
4) In tha event that any worlc is do�e by Ranger under this agreement, or any side amendrnent, which work is
on public property, the CustomedOwner agrees and understands that the project property which it owns
shall be charged with all indebtedness hereunder.
5) Unless specifically stated in a bid it��m, this proposal does not inClude any cost for engineering layout,
testing, as-built d�awings, permits, fee:� or bonds,
6) Due to 1he volatility in the price of petroleum products, the price of asphaltic ooncrete herein is qualified as
foUows: if at the time of perfa�rnanc�e of the work, the cost of liquid asphalt exceeds th2t used in this
quotation by 5%, Ranger, at its sole c�ption, may request payment for the differential in excess of the 5%,
plus a reasonable overhead and prof�t of 15%. Ranger will provide documenbation with such requesl for
compensation.
7) Unless otherwise st�ted, guarantee period for all work perfotmed under this proposal is one (1) year.
Guarantee does not extend to the em�3rgenoe of grass or other plant materials through the asphalt layer it
does not cover damage to the asphalt layer caused by pre-existing conditions or sub-su�face failures.
8) Unless otherwise agreed, Customer will bear any additional expense not oovered by ihis pr�posal and
incurred by Ranger as a result of perfo�mance of work under conditions adverse to the expediant
prosecution oi Rangers work whictt are beyond Ranger's control, including adve�sa weather and delays by
o th ers.
9) If, for causes beyond Rangers control. the worlc oovered by this proposal is not completed within twelve (12)
months after the date of acoeptanc� of this proposal, Ranger may cancel this ag�eament at any time
thereafter on ie� (10) days written notice.
10) In the event of a misunderstanding t�r conflict between the terms and conditions stated in the plans and
specffications, this contract shall gove�•n.
11) Ranger shall be provided with Sultable access to the work area. If Rangers work is dependent Upon, or
must be undertaken in conjunction with the work of others, such work shall be pErf�rmed and campleted so
as to parmit Ranger full acoess to its work he�eunder in an uninterrupted single shift operation. Any
deviation trom said access shall be cause for claim for additional compensation.
Page 3 of 4
04-OCT-OZ 09:41AM FROM-RanQar Construction Industries, Inc. 5617A04332
Ranger Construction Industries, Inc.
101 Sansbury's Way
West Palm Beach, FL 33411
T-684 P.05/06 F-681
Phone: (561) 793-9400
Fax:(561)790-4332
www.rangerconstruction,com
12 ) Unless a specific time for performanc�: of Ranger's work is stated, Ranger shall undertake this work in the
course of its normal operating schedule, Ranger ahall not be liable for any failure to undertake or complete
work due to causes beyond its control including, but not limited to misinformation s�pplied by the Customer
or its agents, failure of subgrade, an� iailure or inadequacy of eny labor or materials not furnished and
installed by Rsnger. Customer further agraes to pay any legal fees incurred by Ranger in defending against
suCh liability.
1 3) Untess othanroise stated herein, payment is due net invoiced amount with no reiainage within 30 days of
invoice date. All monies not paid whun due shall bear interest at the maximum rate allowed by law at the
project.
14) In the event that asphalt work is to be, done in two lifts with the second lift to be performed more than four
months following the fir$t, a bond covering performance may be provided to the Contractor/Owner in
exchange or a full release oi retainage.
15) If an agent and/or attorney is ernployed by Ra�ger for collection of any delinquent payment, Customer
agrees to pey in addition to any service charge, all fees tor the services of such agent and/or attorney
(including, but not limited to all fees and costs incidant to any appeals) together with all costs, charges and
expenses, regardless of whether or not suit be brought.
16) This proposal and agreement shall I�e governed by the laws of the State of Florida without regard to
principles of conflicts of laws. Venue of all proceedings shall be in Palm Beach County, FL and Customer
waives whatever rights it may have in 1he selection of venue end hereby consenls to jurisdiction.
17 ) 7his proposal is valid for 30 days.
ACCEPTED'
7na eoove pACSa, �p�ahwuons nna conauorn uro mnMecmry enA rn naroDy uccoD�oa,
euyer
Signature
Date of Acceptance
CONFIRMED;
Ranger Construction Inciustries, Inc.
Authorized
Signature �
Name & Title Andraw p. Hod es, Estimator
Page 4 of 4
�
ACORD� �ERTIFICATE OF LIABILITY INSURANCE °"�`M�°°""'
09/23/02
PRODUCER 1-304-357-452Q THIS CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION
George H. Friedlander co. ONLY AND CONFERS NO RIGHTS llPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
po sox 2466 ALTER THE COVERAGE AFFORDED BY 7HE POLICIES BELOW.
1566 Itaaawha Slvd. B.
charleaton, 69V 25329 INSURERS AFFORDING COVERAGE
INSURED INSURERA:St. Paul Fire & Marine
Ranger Conetruction Induetries, Inc.
INSURER B:
PO Sox 15065
INSURER C:
West Palm Beach, FL 33416-5065 iNSURERD:
INSURER E:
COVERAGES
THE POLICIES OF INSURAPICE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PQLICY PERIOD IPIDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDtTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTiF�CATE MAY BE ISSUED OFi
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS�ONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE IIMITS SHOWN MAY HAVE BEEN REDUCED BY PAI� CLAIMS.
INSR TypE OF INSURANCE POLICY NUMBER P��CY EFFECTIVE POIICY EXPIRATiON LIM175
A G�I�E{���pg���7y iCRO1Z00999 04/O1/02 04/Ol/03 EACHOCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILI7Y FIRE DAMAGE (Arryone fire) $ 50, 000
GAIMS MADE � OCCUR MED IXP (Any one rson) $ 5, 000
PERSONAL&ADVINJURY $ 1,000,000
GENERALAGC3REGATE $ Z.000,000
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMp/OPAGG $ 2.000,000
POLICY X PR� LOC
A AUTOMOBILELIA61LfiY &R01200999 04/Ol/02 04/Ol/03 COMBINEDSINGLELIMIT $ 1,000,000
R ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJl1RY $
SCNEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY $
X NON-OWNEDAUTOS (Pera�idem)
PROPER7Y DAMAGE $
(Per accideM)
GARAGE LJABILITY AUTO ONLY - EA ACqDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: qGG $
A EXCESSLIABILITY &G01203022 04/O1/02 04/O1/03 EACHOCCURRENCE $3,000,000
X OCCUR �CtAtMSMADE AGGREGATE $3,000,000
3
DEDUCTIBLE $
RETEN710N $ $
A WORKERSCOMPEN&ATIONAND D0�71�1201565 04/O1/02 04/Ol/03 X p�YLAMiTS �TR
EMPLOYERS' lIABILITY 1, �0 00 , 0 0 0
E.L EACH ACCIDENT $
� E.I.DISEASE-EAEMPLOYE $ 1,000,000
E.L OISEASE • POLICY LIMIT $ 1, 000, 000
oniazx
DESCRIPTION OF OPERATIONSlLOCATIONSNEHIClE51EXCLU310NS AD�ED BY ENDORSElAENTBPECIAL PROYISIONS
Certificate Holder is an Additional Inaured but only with reepect to work conducted
by the insured aad at the specified project.
Project: Reaurfacing & Swale �ork
Project No.: 2003-01
CERTIFICATE HOLDER Y a�nmown� wsu�n; INSURER LETfER: A CANCELLATION
SHqULD ANY OF 7HE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOPI
The City of Palm Seach Gardene DATE THEREOF, THE ISSUING INSURER W0.L ENDEAVOR 70 MAIL 30 DAYS WRfTTEN
NOTICE TO THE CERTIFlCATE HOLOER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
10500 North Military Trail 1MPOSE NO OBLIGATION OR LIABILlfY OF ANY KIND UPON THE INSURER, RS AGENTS OR
REPRES�NTATNES.
Palm Beacg GardenB, FL 33910 AUTHOR¢EDREPRESENTaT1VE .�� .,,:,
IISA 3}��f .vt°r�'
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ACORD 25-S �7/97) dtaylor � ACORD CORPORATION 1988
774751
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONST INDUSTRY LICENSING BOARD
7960 ARLINGTON EXPRESSWAY
STE 300
JACKSONVILLE FL 32211-7467
RANGER CONSTRUCTION INDUSTRIES INC
101 SANSBURYS WAY
P O BOX 15065
WEST PALM BEACH FL 33416
A�#�oss�.s�
DETACH HERE
STATE OF FLORIDA
(904) 727-6530
STATE OF FLORIDA AC# 0 D 6 616 2
r DEPARTMENT OF BUSINESS AND
PROFESSIONAL RFsGULATION
QB -0000021 06/12/2001 00902773
QUALIFIED BUSINESS ORGANIZATION
RANGER CONSTRUCTION INDUSTRIES I
(NOT A LICENSE TO Pi3RFORM WORK.
ALLOWS COMPANY TO DO BUSINESS IF
IT HAS A LICENSED QUALIFIER.)
IS QUALIFIED under the proviaione of Ch.489 sS.
8xpirationdate: AUG 31, 2003 S8Q #01061204042
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONST INDUSTRY LICENSING BOARD SEQ# 01061204042
The BUSINESS ORGANIZATION
Named below IS QUALIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2003
(THIS IS NOT A LICENSE TO PERFORM WORK. TIiIS ALLOWS THE
COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER,)
RANGER CONSTRUCTION INDUSTRIES INC
101 SANSBURYS WAY
P O BOX 15065
WEST PALM BEACH FL 33416
JEB BUSH KIM BINKLEY-SEYER
GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY
AC# O A� 5 O 7 7 2 STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
� CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L02061001275
The GENER.AL CONTRACTOR
Named.below IS CERTZFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2004
CORREA, MIGUEL GUILLERMO
RANGER CONSTRUCTION INDUSTRIES INC
101 SANBURY'S WAY
WEST PALM BCH FL 33411
JEB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
KIM BINKLEY-SEYER"
SECRETARY
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSSEE FL 32399-0783
SLADE, JAMES MICHAEL
RANGER CONSTRUCTION INDUSTRIES INC
149 SCARBOROUGH TER
WELLINGTON FL 33414
Ac#0446618
DETACH HERE
STATE OF FLORIDA
(850) 487-1395
STATE OF FLORIDA AC# 0 4 4 6 6 7, 8
,�DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
CUC056779 06/05/02 303622806
CERT UNDERGROTJND & EXCAV CNTR
SLADE, JAMES MICHATL
RANGER CONSTRUCTION INDUSTRIES.IN
IS CERTIFIED under the proviaiona of Ch.489 FS.
Hxnirationdate: AUG 31, 2004 SHQ #L02060501036
!
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L02060501036
The UNDERGROUND UTILITY & EXCAVATION CO
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2004
SLADE, JAMES MICHAEL
RANGER CONSTRUCTION INDUSTRIES INC
149 SCARBOROUGH TER
WELLINGTON FL 33414
JEB BUSH KIM BINKLEY-SEYER
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�NAME Y{JAME♦S - f� � SIGNATURE: ' �'
�FIRM "RA�.GER ���L't�I��Oli��i.�t�_'J_�TRiES � _ . �,,:
. � ATTEST: �
-T � � P D`��3 X 1 5 O 6 5 � CONSTRUCTION INDUSTRY LICENSING BOARD
° W F. S T P A 1. M'� F, A, f' N. ' i+ i. 3't d 1 i: � OF PALM BEACH COUNTY
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PALM BEACH COUNTY
OCCUPATIONAL LICENSE
EXP/RES: SEP�'EMBER - 30 - 2003
*� LOCATED AT
RANGER COWSTRUGTION IND INC 101 SANSBURY'S WAY
SLADE JAMES MICHAEL ,
WEST PALM BEACN FL 33411
Is itiereby iicensed at above address for the period beginning on lhe
first day of Oclober and ending on lhe thirtieth day of September to
engaqe in tl�e business, profession or occupation of:
Ut�DERGROUND UTILITY &
EXCAVATION CONTR
CUC056779
C/WIDE
CLASSIFICATION
S185.85
. TOTAL 5185.85
� THIS IS_NOT A BILL - DO N07 PAY ______._�
`----- ------------------ ---- _------ ----�
PAID. FBC TAX COLLECTOR '
5185.65 OCC 049 12677 08-14-2002
JOHN K. CLARK, CFC THIS LICENSE VALID ONLY WHEN RECEIPTED BY
TAX COLLECTOR, PALM BEACH COUNTY
TAX COLLECTOR
-- uc�HUn ANU DISPIAY BOTTC�M PQRTION, ANO KEEP UPPER PORTION FOR YOUSi RECORDS *"`*
1995-O3OZ3 STATE OF FLORIDA
PALM BEACH COUNTY
OCCUPATIONAL LICENSE
EXPIRES: SEPTEMBER - 30 - 2003
OC-032
CLASSIFICATION
RANGER CONSTRUCTION IND INC *� LOCATED AT CNTY S94.50
SIADE JAMES MICHAEL 101 SANSBURY'S WAY
WEST PALM BEACH FL 33411
TOTAL S94.50
is hereby licensed at above address for the per(od beginning on the THIS iS NOT A BILL - DO NOT PAY
first day of October and ending on the thirtieth day of September to �------------ — -�
engage in the business, profession or occupation of:
UNDERGROUND UTILITY & PAID. PBC TAX COLLECTOR
EXCAVATION CONTR S94.50 OCC 049 06180 08-09-2002
CUC056779 �
City of Paim Beach Gardens
� CONTRAcCTOR REGISTRATION
Permit vear October 1. 2002 to September 30. 2003
License: 4960 Expires: 9/30/2003 Type: Certified General Contractor �
Qualifier: Slade, James M. Ph: (561)793-9400
Insurance: George Friedland Expires: 4/01/2003
Workers Comp: George Friedland Expires: 4/01/2003 Fee Paid: 2.00 9/24/2002
Notes: i- Angela Emond as agent
, ; ,
Ranger Construction, Inc. �.�! ,,,,. �.�?�,.z,
101 Sansbury's Way #1100 f r`' ��
West Palm Beach, FL 33411 -� �
�' License Official
This is not an invoice, this is your paid registration "
� d� �a° i� �. � �ivG
�
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 179, 2002
EXHIBIT B
SCHEDULED ROADWAY LISTING
04-OCT-02 10:O7AM FROM-Ranaar Construction Industries, Inc
CITY OF PALM BEACH GARDENS
STREET RESURFACING 2002
Road Nsme From To �ngth Width Area
IR) (h) (sY)
pscer S�. Holiy Dr. �ipn�housu Dr. u00 20 1,333
Althea way Gardenia Dr. Gardcnie Dr, 1 640 2�1 4,373
_ _... .... . . _ .. . .._.. ... _ _.. . . .. ...
Arbor Wey Ku6lin0 Dr, MilitarY T�, 1 BT9 21 9,384
_.._...._. ---.._........_.... ... .._...... _.
Avon S�. Kgat�n9 Dr. �efntry D�. !39 21 559
.
BamDoo Dr. Osna St. Arnor Way_ _ 1 226 2a 3.269
. ..... .. _ _. . __._ . . . _ . . . .._._
Beliewooa Sc. nppiecrest Dr. Empruss St._ , 2 41� 24 fi,427
----°--.....- - --- •--•- • •---.. __... _.._. .
BirAwood Sc. 'Empress St. nppieaest or. �� ;� 1 69� z4 4,Si�
... ... _ .
81�ebell S[. L�g�t�ouse Or. Llghcho�se Dr. 1 312 � 2q 3,499
. . . � _.... . ... . . . . . ..
Butterc�e Cir. N Onnnlia Ave. �Butt¢rcu Cir.S . i143 2n 2,2�8
_._._.._.-_......—. ._... _._ .. .. . _.._._...._
. _.
BuaoRUp �ir. 5 Butturap Cir_N Ddh�lia Ave, 1.266 24 3,376
Nu�arcu� Cir. 5 �anaba Ave. oalsy 5�, ln��uaea In [ne quantlry aDOve
Comiliid St. � M011y �f. Rlverslae Di. 1.0�3 20 I ],389
[festoale St. M�Irtary 7r. KeatinB Or. 1 B31 24 a�883
Dbnia Dr. Northleke Blvd. So�th End •)32 21 2,175
--•--...... .. . ......_..-----•�-------- ......... . ..._..._.. __. ... ...__.._
D�w�ridQe St. Birdwood St. ErtiPresS St. 1,164 24
3, f 04
--... _... ._..-•- -.-°-..._... -•--- ._... . .__._.. .. . _... . ;. . ----.._,
Demery Dr, Avan St. Arbor W� _ �iB9 21 ; 1�608
...._. . .._ ........... . ......__. .__..... ..__. _.... ---
Empres; St. Bcll��wood St. Oirtlwoo0 St. l. l84 24 i 3� 157
. .._._.__ .. . __...---•--- --._..
fnirchild Fairchild Ave, PGA Olvd. � 1.223 34 4�620
fushia Gr, N Pushia Gr. S_�rlon�sucKle� ,i59 � 24 1,757
--___.- ... _._..----� ------ - ----
FuSllid Cir, S FuSh�a Clr. N �no��evsvckie it7 � 29 1,179
holly UL Pvmt. C�ange Pvm�. Cnanqe l.)91 � 24 4,1)fi
H�nc Cl�b Or. Garea Entrance Northlakn 01vo. 1.810 � 26 5,229
............... ...- •--.-.._._....-•--•--... ._.._. .. . .__.. .
Mvac�ncn ar, N Garoenla f1r. H�ac���u� C�� 5 i71 �9 �,5�3
....._ ...... ..... . ....._..... __......._ . .
►tyaancn Cic S hyacinth Gi. N Garaema Dr. d10 24 2,160
]iex Ct. Ikx Cir, Cul•Or-Sat t91 27 591
]un��erLn,. SeagrapeWav.. Cul•oe-sac i2>�� �24 1,105
Lllac St. MiI�Wry Tr plant Or. 2.315 2a fi,li3
Oaks Way Cir. Mn�n Entr�nco Mo�n Entrancc 330 24 2,�8D
oekwev Cir, RCA Dlva. Oak Way Clr. i.J4e 29 3,595
_-_._ .__ . . . .__.. ...._ ......_ . _... _. ....... . . _..._ .. . _. .
asna War Reea Dr. 6amboo or. ia7 zi 56�
_....-°-- •- .- •- °-... .... . .. . _.
viant Dr. Hony or. � i.nac Si. i.2iq � 24 � 3,13i
Rain Wood Gr. Hurns Rd, palnwnod Cir. 1,030 36 8,12D
_ ..... _ . . _.. _ . ... ... .. .. ... ,ia6 21 , 1,50�
ReeO Dr. AfDOf N/ay Os�a Sc.
Rorlgers St._ IKeacing Dr. tl��mmpham Or. I i28 23 I 1,349
rora►s - � �a,�33 sy
Page 1 of 1
5617804332 T-686 P.03/03 F-683
Thickness �erldy Mllling
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 181, 2002
Subject/Agenda Item:
Resolution 181, 2002 — Contract award in the amount of $1,529,000 to O'Connor and
Taylor for the construction of Fire Station No. 5 to be located in Frenchman's Reserve
PCD. (City Project No. 2002-009)
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Revie ed by: Originating Dept.: Costs: $ 1,529.000.00 Council Action:
Scott Fetterman, Deputy (Total)
Chief
City Attorne Fire Rescue Department �] Approved
���� 1a�3� z
��� $ 1.529.000.00 [ ]Approved w/
Current FY conditions
City Engineer �i � �
[ ] Denied
Contracts/Grants Advertised: N/A Funding Source: [] Continued to:
Administrato ; Date: [ X] Operating Attachments:
Paper: [] Other . Bid Tabulation Sheet
Finance Director� _ . Resolution 181, 2002
�'�i �� • Request for Proposal -
f� Fire/Police Station No. 5
���-`��''C`�' • O'Connor & Taylor
e � ; � � .k� Proposal
Submitted by: • Contract for Construction
of Fire/Police Station
�.. ,
`--� �'-� [ X ] Not Required No.5
Pete T Ber�gel
Fire Chief
Department Head Affected parties Budget Acct.#: [] None
Approved by: [ X] Notified 001-1200-522.6200
$1,250,000
013-1200-522.6300
$229,000
012-1000-521.6300
$50,000
City Manager �] Not required
�
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 181, 2002
BACKGROUND: Fire Rescue's budget for fiscal year 2002/2003 includes the construction
of Fire/Police Station No. 5 to be located in Frenchman's Reserve on Hood Road. The
addition of this station has been planned for several years and is needed at this time to better
serve the residents and businesses located in the northern portion of the City. The firm of
Gee and Jenson was contracted in March 1999 to provide professional design services for the
construction of the station along with Fire/Police Station No. 3, which was substantially
completed on August 23, 2002. The agreement with Gee & Jenson was amended to
incorporate the reuse of the same plans for the newly constructed Fire/Police Station No. 4
located in Mirasol for Fire/Police Station No. 5, meaning it will contain identical features.
The Request for Bids was advertised in the Palm Beach Post on July 28, 2002 with a
submission deadline of September 3, 2002, which was later extended until September 12,
2002. A total of nine bids were received and opened on September 12`�' from a low of
$1,529,000 to a high of $1,812,110.
Staff has evaluated the bids and determined that the lowest bid from O' Connor and Taylor in
the amount of $1,529,000 has met all of the bid requirements and is capable of completing
the project within the specified time period. The bid price will be expensed from the current
fiscal year's budget as follows:
$1,250,000 Fire Rescue Administration (Land and Improvements)
$229,000 Fire Impact Reserves
$50,000 Police Impact Reserves
• STAFF RECOMMENDATION: Approve Resolution 181, 2002 awarding a contract for
the construction of Fire/Police Station No. 5 to O'Connor & Taylor in the amount of
$1,529,000.00.
CITY OF PALM BEACH GARDENS
INVITATION TO BID FOR: Fire and Police Station Number Five 002-13
Tuesday 9/12/02 2:00 PM
Com an /Contact Person Sent Address Phone/Fax Bid Received
Ahrens Companies 7/29/02 1461 Kinetic Rd. 561-863-9004
A1 Siwik Lake Park, FL 33403-1911 561-863-9007 fax
Republic 7/29/02 2100 Corporate Dr. 561-572-3000 1,583,00
Construction/Development Boynton Beach, FL 33426 561-572-3006 fax
Fred Neubarth
David Brooks Enterprises, 7/29/02 9000 Burma Rd, Suite 101 561-626-9960 1,640,000
Inc. Palm Beach Gardens, FL 33403-1606 561-626-9980 fax
Engineered Environments, 7/29/02 1829 Corporate Drive 561-740-7727 1,600,000
Inc. Boynton Beach, FL 33426 561-740-7729 fax
Sam Weller
Ed Taylor Construction 7/29/02 1550 Latham rd. Suite 1 561-683-1234 1,563,452
South, Inc. WPB 33409
Gar Cook
McTeague Construction 7/30/02 3008 S.E. Waaler Street 561-286-6100 No Bid
Co., Inc. Stuart, FL 34997 561-286-7103 fax
Michael H. McTeague
Quest Contracting 7/31/02 5715 Corporate Way 561-691-9400 1,564,159
Services, Inc. West Palm Beach, FL 33407 561-622-1214 fax
Joni P. Kem ton
Wilson & Buist, Inc. 8/2/02 3467 W. Hillsboro Blvd. 954-426-5301 No Bid
David R. Buist, E.I.T. Deerfield Beach, FL 33442 954-427-6319 fax
Com an /Contact Person Sent Address Phone/Fax Bid Received
Catalfumo Construction 08/OS/02 4300 Catalfumo Way 561-694-3000 1,597,000
and Development, Inc. Palm Beach Gardens, FL 33410 561-691-5290 fax
David J. DeMay
Benchmark Building & 8/6/02 PO Box 812589 561-362-4150 No Bid
Design, Inc. Boca Raton, FL 33481-2589 561-362-0751 fax
Daniel Myers
AVI Construction 8/8/02 1868 North University Drive Suite 206 954-423-3571 1,699,500
Richard P. Mash Plantation, F133322 954-423-3574 fax
RJN Associates 8/8/02 4630 W. Atlantic Ave. 561-865-1782 1,812,110
Delray Beach, FL 561-865-1783 fax
E.O. Koch Construction 8/12/02 3504 Office Park Road 863-385-8649 No Bid
Joe Clarke PO Box 1965 863-385-9396 fax
Sebring, FL 33871-1965
O'Connor & Taylor 8/21/02 3892 Prospect Ave Suite 7 561-863-7349 1,529,000
West Palm Beach, Fl 33404 561-863-3674 fax
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 181, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, ACCEPTING A PROPOSAL AND
AWARDING A CONTRACT FOR THE CONSTRUCTION OF FIItE/POLICE
STATION NO. 5 TO O'CONNOR AND TAYLOR; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City issued a request for proposal ("RFP") for the construction of Fire/Police
Station No. 5, to be located on Hood Road in Frenchman's Reserve PCD; and
WHEREAS, nine companies submitted bids in response to the RFP; and
WHEREAS, the bid of O'Connor and Taylor in the amount of $1,529,000 was the lowest
responsive bid received; and
WHEREAS, City staff evaluated all of the bids, determined that O'Connor and Taylor was the
lowest, responsible bidder and recommended award of the bid to O'Connor and Taylor; and
WHEREAS, the City Council determines that the award of the bid to O'Connor and Taylor is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: 'The foregoing "WHEREAS" clauses are hereby ratified and confirmed has being
true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council hereby accepts the proposal for the construction of Fire/Police
Station No. 5 to O'Connor and Taylor in the amount of $1,529,000.00 and authorizes the Mayor
to execute an agreement with O'Connor and Taylor for the construction of Fire/Police Station
No. 5, a copy of which is attached hereto and incorporated herein as Exhibit "C".
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by any
court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not
affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of , 20_.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
u: •: :: I►
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 181, 2002
EXHIBIT A
REQUEST FOR PROPOSAL: FIRE/POLICE STATION NO. 5
�
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�
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2]-183.o0i17]929 - PaLM BEACH GARDENS
FIRFJPOLICE STATION NO. 5
ADVERTISEMENT FOR BIDS
PALM BEACH GARDENS
FIRE/POLICE STATION NO. 5
PALM BEACH GARDENS, FLORIDA
Project No. 171929 (2]-183.Q0)
GEE R JENSON
A Division of Ch2M Hill
One Harvard Circle
West Palm Beach, FL 33409
Phone: (�6l ) S l 5-6500
07/19/02
Issued June 19, 2QQ2
Sealed bids for general construction of Palm Beach Gardens Fire/Police Station No. 5 wiil be received
� until 1:00 p.m. and opened at 2:00 p.m. Eastern Time on September 3, 2002, at the office of the City
Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Bids received after this time will
be retumed unopened. Bids submitted wili be opened publicly and read aloud at this time. The Project
r� shalt be substantially complete within 3Q0 calendar days.
Mandatory Pre-Bid Conference shall be held on August 19, 2002, at ] 0:00 a.m. Eastem Time at Council
Chambers. 10500 North Military Trail, Palm Beach Gardens, Florida.
Bidders may obtain complete sets of Bidding Documents from the office of the City Clerk, City of Palm
Beach Gardens upon non-refundable payment of $125.00 per set. Partial sets of Bidding Documents will
not be available. Bidding Documents may be examined at the following Iocal p[an rooms:
F. W. Dodge
1818 S. Australian Ave.
West Palm Beach, FL 33404
(561) 697-3801
Publish Dates: July 28, 2002
�A�DVERTISEMENT FOR BIDS
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Palm Beach County Resource Center, Inc.
2001 Broadway, 3rd Floor
Riviera Beach, FL 33404
(561)863-0895
ADV-1
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21-183.00/] 71929 - PALM BEACH GARDENS
FIItE/f'OLICE STATION NO. 5
INSTRUCTIONS TO BIDDERS
1.1 DEFINITION OF TERMS
07/i 9/02
A. Bidding Documents - include the Invitation to Bid, Instructions to Bidders, Bid Form,
sample bidding and contract forms, proposed Contract Documents as defined in the
General Conditions and any Addenda issued prior to receipt of bids.
B. Base Bid - the amount stated on the Bid Form for which the Bidder offers to perform the
Work as described in the Bidding Documents as a base to which Alternate Bid work
amounts may be added to or deducted from.
C. Addenda - written and graphic documents issued by the Architect/ Engineer prior to the
execution of the Contract to modify or interpret the Bidding Documents. Addenda issued
by the City prior to the bid opening shall be binding as if written into the Specifications.
Bidder shall acknowledge receipt of the same as indicated on the Bid Form. If no
Addenda are issued, then "none" shall be indicated. If Addenda are issued, Bidder shall
indicate the Addenda received by listing its number (e.g., #1, #2, #2A, etc.) and attaching
a copy of the Addenda to the bid.
1.2 BIDDING DOCUMENTS
A. Complete sets of Bidding Documents may be obtained from the office of the City Clerk,
City of Palm Beach Gardens as stated in the Advertisement to Bid.
B. Complete sets of Bidding Documents shall be used by Bidders in preparation of Bids;
neither the Owner nor the Architect/Engineer assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
1.3 EXAMINATION OF DOCUMENTS AND STTE
A. Bidders shall visit the site of the proposed work and become familiar with the nature and
extent of work to be performed and local conditions that may affect the work.
B. The Bidding Documents were prepared to present an essentially accnrate representation of
existing conditions, interpreted from available information on the site. The Bidder is not
relieved, however, of the responsibility of becoming fully informed as to existing
conditions at the site.
C. Bidders sF►alI examine existing site improvements, existing buildings, utilities, and streets
to determine all conditions which will affect the Work.
INSTRUCTI�NS TO BIDDERS
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21-183.00/171929 - PALM BEACH GARDENS "
FIRE/POLICE STATION NO. 5
1.4 MANDATORY PRE-BID CONFERENCE
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07/ 19/02
Bidders shall attend a mandatory pre-bid conference to be held at the following time and
place:
Date: August 19, 2002 at 10:00 a.m. EDT.
Location: Council Chambers
10500 North Mifitary Trai1
Palm Beach Gardens, FL
At this time, tours will be conducted of the existing facilities and areas where new work
is scheduled.
Failure to attend the Pre-Bid Conference will be cause for disqualification of a Bidder.
1.5 INTERPRETATION OF BIDDING DOCUMENTS
A. All questions requiring clarification or interpretation of the Bidding Documents shall be
made in writing and shall reach the Architecd Engineer at least 5 days prior to the date
for receipt of bids. Direct all requests to the attention of Brian Tavares at the office of
the Architecd Engineer.
B. Any modification or interpretation of the Bidding Documents will be made by
Addendum to all who are recorded by the ArchitecUEngineer as having received a
complete set of Bidding Documents.
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Interpretations or modifications of Bidding Documents made in any manner other than
by Addendum will not be binding.
A Bidder, prior to submitting his Bid, shafl ascertain that he has received all Addenda
issued, and shall acknowledge their receipt in the Bid Form.
l.6 SUBSTITUTIONS
A. Bidders represent that their Bid is based upon the materials and equipment described in
the Bidding Documents.
B. Acceptance by the ArchitecdEngineer of a proposed substitution will be issued in the
form of an Addendum or Substitution Request Form.
C. Evaluations and reviews by the ArchitecdEngineer of proposed substitutions shall be
considered as additional services to the Owner. Bidders, Suppliers and Manufacturers
shall reimburse the ArchitecU Engineer directly for additional service charges of the
Architect/Engineer and their consultants for such additional evaluations and reviews.
INSTRUCTIONS TO BIDDERS
INB-2
� 21-183.00/171929 - PALM BEACH GARDENS 07/19/02
FIRE/POLICE STATION NO. 5
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i.7 WOMEN/MINORITY BUSINESS ENTERPRISE (W/MBE) POLICY
A. It is the policy of the City to provide minorities and women equal opportunity for
participating in ali aspects of the City's contracting and procurement programs, including
but not limited to employment. construction, development projects and lease agreements,
consistent with the laws of the State of Florida. It is further the policy of the City to
prohibit discrimination against any person or business in pursuit of these opportunities on
the basis of race, color, national origin, creed, sex, age, handicap or veteran's status.
l .8 QUALIFICATION OF BIDDERS
A. The Bidder shall submit a certified financial statement, prepared within the last Fiscai
Year, indicatin� current financial resources, liabilities, capital equipment, and past history
performance.
B. Bidders may be disqualified and their bids rejected for any of the foilowing specific
reasons:
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4.
5.
Reason to believe that collusion exists among Bidders.
Determination of lack of competency as may be revealed by quaiification
statements, financial statements, experience records, or other questionnaires.
The Bidder's �ncompleted work load which in the judgement of the Owner, may
cause detrimenta[ impact on prompt comp(etion of this project.
The Bidder is involved in any litigation against the Owner.
The Bidder has defaulted on any previous contract or is in arrears on any existing
contract.
1.9 BIDDER'S RESPONSIBILITY
A. Each Bidder is required, before submitting his or her proposal, to carefully examine the
Bid specifications and to completely familiarize himself or herself with all of the terms
and conditions that are contained within this document. Ignorance on the part of the .
Bidder will in no way relieve him or her of any of the obligations and responsibilities
which are a part of this Bid.
1.10 BID PREPARATION
A. Prepare bids on the forms provided by the Architect/Engineer with all blanks on the Bid
Form filled in by typewriter or written in ink. •
B. State bid amounts in both words and figures. In case of a discrepancy between the two,
� the amount written in words shall govem.
C. Bids shatl include the legal name and address of the Bidder and indicate whether the
� Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity.
' INSTRUCTIONS TO BIDDERS INB-3
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21-183.OQl171929 - PALM BEACH GARDENS 07/19/02 �
FIRE/POLICE STATION NO. 5
Individual - provide name and post office address.
Partnership - provide name and post office address of each member of the
partnership.
Cocporation - provide name and post office address of person signing the form
and legal evidence of his authority to do so; names and addresses of the
corporation president, secretary and treasurer; name of state where chartered; and
affixed with the seal of the corporation, attested by the secretary.
D. Bids shall include documentation required by the Florida "Trench Safety Act." The lump
sum presented in the Bid shall be inclusive of the Bidders cost of compliance with the
applicable trench safety standards. Bidders shall be disqualified and their bids rejected for
failure to include documentation required.
l.l l BID SUBMITTAL
A. Submit one copy of the Bid Forn-�, the bid security, the list of Subcontractors, and other
requested attachments, enclosed in a sealed opaque envelope, addressed to the entity
receiving the bids as stated in the Advertisement For Bids. The envelope shall be further
identified with the Project name, the Bidder's name and address, and the words "BID
ENCLOSED".
B. Deposit Bids at the designated location on or before the time and date for receipt of Bids
indicated in the AdveRisement For Bids. Bids received after the time and date indicated
for receipt of Bids wi(1 be returned unopened.
1.12 BID SECURITY
A. Each Bid shali be accompanied by a cashiers check drawn on any State or National Bank
in Florida, or an acceptable Bidders Bond, payable unconditionally to the Owner, in an
amount of five percent (5%) of the amount of the total Bid.
B. Failure of the successful Bidder to enter into the Contract in accordance with his Bid, or
failure to furnish the required bonds will be just cause for an annulment of the award with
the amount of the bid security being forfeited to the Owner as liquidated damages, not as a
penalty.
C. Should a Bid Bond be used, acceptable Surety companies shall be determined from the
latest United States Treasury Department's list of companies holding certificates of
authority as acceptable Sureties on Federal Bonds.
D. The Owner may retain the bid security of those Bidders to whom an award may be
considered until successful execution of the Contract and bonds; or the specified time for
holding bids has elapsed; or all Bids have been rejected.
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INSTRUCTIONS TO BIDDERS �� �
� 21-183.00/171929 - PALM BEACH GARDENS 07/19/02
FIItE/POLICE STATION NO. 5
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1.13 MODIFICATION AND WITHDRAWAL OF BID
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Prior to the time of bid opening, a Bidder may withdraw his Bid at any time, but may not
resubmit it. Bids may not be modified after submittal.
After the bid opening, no Bid may be withdrawn, cancelled or modified for a period of 30
days after the time and date designated for the receipt of bids.
1.14 OPENING OF BIDS
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Bids submitted will be opened publicly and read aloud at the time and place stated in the
Advertisement for Bids.
The City reserves the right to reject any or all bids, in whole or in part, with or without
cause, to waive any informalities or technicalities, and to make awards either as individual
items or as a total combined bid, whichever it considers to be in the best interest of the
City of Palm Beach Gardens.
1.15 CONFI.ICT OF II�ITEREST
A. The award hereunder is subject to the provision of State Statutes and City Ordinances. All
Bidders must disclose in his or her bid the name of any officer, director or agent who is
also an employee of the City. Further, all bidders must disclose the name of the City
employee who owns, directly or indirectly, interest of five percent (5%) or more of the
bidder's firm or any of its subsidiaries.
1.16 GOVERNING LAWS AND REGULATIONS
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Bidders shall be familiar with all federal, state, and local laws, ordinances, rules, and
regulations that may in any way affect the Work.
Federal, State, County and local laws, ordinances, rules and regulations that in any manner
affect the items covered herein apply. Lack of knowledge by the bidder will in no way be
a cause for relief from responsibility.
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Contractors doing business with the City are prohibited from discriminating
against any employee, applicant for employment or client because of race, creed,
color, ancestry, religion, national origin, sex, or age with regard to, but not limited
to the following: Employment practices, rates of pay or other compensation
methods and training selection.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a pubic entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant
� INSTRUCTIONS TO BIDDERS
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2l -183.00/171929 - PALM BEACH_ GARDENS
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FIRE/POLICE STATION NO. 5
IF
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07/19/02
under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for
CAT'EGORY TWO for a period of 3b months from the date of begin placed on
the convicted vendor list.
3. The obligations of the City under this award are subject to the availability of funds
lawfully appropriated for this purpose.
4. This request for bid shall be included and inco�porated into the final award.
C. Trench Safety Act: The Occupational Safety and Health Administration excavation safety
standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the
period of construction of the Project. In compliance with current State of Florida statutes,
the Bidder shall provide documentation required by the Florida Trench Safety statute to
the Owner> in conjunction with the Bid Form.
1.17 LIQUIDAT'ED DAMAGES
A. The Owner will incur financial loss if the Work is not substantially complete by the date
set forth in the Agreement. The Contractor (and his Surety) shall be liable for liquidated
damages in accordance with the Supplementary Conditions and the Agreement.
1.18 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND
A. With the execution and delivery of the Contract, the Bidder shall furnish the following
Surety bonds of the forms contained herein:
l. Performance Bond guaranteeing full and faithful execution of the Work in an
amount equal to ]00 percent of the Contract Sum, and including guaranteed repair
and maintenance of all defects due to faulty materials and workmanship that
appear within orie year after completion of contract.
2. Labor and Material Payment Bond guaranteeing full and proper protection of all
claimants supplying labor and materials in the Work in an amount equat to 100
percent of the Contract Sum.
B. Bonds shall be executed by Surety authorized to do business in the State of Florida and
listed on the latest U.S. Treasury Department list of companies hotding certificates of
authority as acceptable sureties on Federal Bonds.
C. Bonds executed by an Attorney-in-Fact on behalf of the 5urety, shall have affixed thereto
a certified and current copy of Power of Attorney, indicating the monetary limit of such
power.
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IIVSTRUCTIONS TO BIDDERS �-6 �
2]-183.00/171929 - PALM BEACH GARDENS
FIRE/POLICE STATION NO. 5
] .19 SUBCONTRACTOR LIST
07/ ] 9/02
�. In conjunction with the Bid Form, Bidder shall submit a list of names of the
subcontractors and major material suppliers proposed for the principal poRions of the
Work. Submit list on form provided by the Architect/ Engineer.
B. Prior to award of Contract, Architect/Engineer will notify the Bidder in writinQ if either
the Owner or the Architect/Engineer has an objection to any person or entity listed. Upon
such reasonable objection, the Bidder shall propose an acceptable substitute person or
entity in accordance with Article 5.2 of the General Conditions.
l .20 CO:�ITRACTUAL AGREEMENT
�. Any and all legal action necessary to enforce the award will have venue in Palm Beach
County and the contractual obligations will be interpreted according to the laws of Florida.
Any contract or agreement required by Contractor must be enclosed at the time of Bid
submittal.
l.?1 PUBLIC RECORDS LAW
A In conformance with the Florida Public Records law, all bid documents or other material
submitted by the Bidder in response to this request other than any financial statements
submitted, shall upon bid opening, be available for public inspection by any person.
1.22 CODE OF ETHICS
A. If any Bidder violates the Code of Ethics of the State of Florida with respect to this bid,
such Bidder may be disqualified from performing this work and future work for the City.
I.23 COivTRACT AWARD AND EXECUTION
A. Until final award of Contract, the Owner reserves the right to reject any and all Bids, with
or without cause; to waive any informality or irregularity; or to accept the Bid which is in
the best interest of the Owner.
B. The Owner shall have the right to accept the low Bidder on the basis of the sum of the
Base Bid, which produce a total Contract Sum acceptable to the Owner.
C. Upon acceptance of a Bid and award of Contract, the successful Bidder shall deliver the
executed Contract, along with required bonds and any other items requested, to the Owner
within 10 days. Failure to do so will be deemed as a breach of agreement by the Bidder
and result in forfeiture of bid security as described in the Instructions to Bidders.
END OF SECTION
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INSTRUCTIONS TO BIDDERS
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� 21-183.00/171929 - PALM BEACH GARDENS 07/19/02
FIRE/POLICE STATION NO. 5
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BID FORM - LUMP SUM
, Bid of
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(Name)
(Address)
to furnish a�l materials, equipment and labor and to perform all work in accordance �vith the Contract
Documents for construction of Palm Beach Gardens Fire/Police Station #5 located in Palm Beach
Gardens, Florida.
To: Palm Beach Gardens City Cterk
10500 North Military Trail
Palm Beach Gardens, F[, 33410
Gentlemen:
The undersigned Bidder has carefuiiy examined the Bidding Documents and the site of the proposed
Work and is familiar with the nature and extent of the work and any local conditions that may in any
manner affect the work to be done.
The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding
Documents, in the manner prescribed therein and to the standards of quality and performance established
by the ArchitecdEngineer for the lump sum price stated in the spaces herein provided, for each of the
items or combination of items stipulated. Lump sum price shall include implementation of all applicable
safety requirements.
The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding
Documents, in the manner prescribed therein and to the standards of quality and performance established
by the ArchitecdEngineer for the unit price amounts stated in the spaces herein provided on the attached
Exhibit A, for each of the items or combination of items stipulated. Unit price line items shall include
cost of implementing all applicable safety requirements.
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Base Bid includes the Unit Price Bid Total and Allowance No. 1
100 Dollars ($
BID SECURITY
Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of $ made
payable to the Owner which may be forfeited as liquidated damages if, in the event this proposal is
accepted, the undersigned fails to execute the Agreement and furnish and pay for the required
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B1D FORM - LUMP SUM �;' BFL-1
21-183.00/171929 - PALM BEACH GARDENS 07/19/02
FIRE/POLICE STATION NO. 5
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performance and payment bonds for the Owner �vithin 10 days after acceptance of the Bid; otherwise said
certified or cashier's check or bid bond wili be returned to the undersigned.
TIME
The undersigned Bidder agrees to commence work within l0 days after the date of written Notice to
Proceed, to substantially complete the entire Work within 300 consecutive calendar da��s after the date of
written Notice to Proceed, subject to such extensions of time allowed by the Conditions of the Contract,
and to achieve Final Completion of the Work by no later than 30 days after the actual date of substantial
completion.
The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 45
days after the scheduled closing time for receiving bids.
LIQUIDATED DAMAGES
The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing
between the date established as the date of substantial completion and the actual date of such substantial
completion of the contract work, the amount of $500.00 per calendar day.
The undersigned further agrees to forfeit to the Owner, as liquidated damages for each calendar day
elapsing between the date established as the date of final completion and the actual date of final
completion of the contract work, the amount of $500.00 per calendar day.
ADDENDA
Bidder acknowledges the receipt of Addendum No.'s
l. ,2. ,3. ,4. ,5.
Dated this day of
SEAL
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(month) (year)
Contractor:
Address:
By:
Title:
Attachments: Contractor's License No.
Certified Financial Statement
Subcontractor List
Bid Security
T'rench Safety Act documentation
Appendix A- Drug Free Workplace Form
Exhibit A- Unit Pnce Schedule
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BID FORM - LUMP SUM BFL-2 �
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IJNIT PRICE
BID PROPOSAL FORM
FOR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMENTS & UTILITIES
3913 FIAMINGO ROAD
PALM BEACH GARDENS. FLORIDA
Note: This ponion of the Convact is a l;nit Price Bid. Alt bid prices shall inciude the cost of Curnishing ali labor, supervision,
equipment, fuel, vansportation, tools, material, supplies, testing, and services necessary for complete installation per [he Plans and
Specifications and as noted in the Pay Item Foomotes. Said payment shall constitute full and complete compensation for all work
required for the bid item, as wel�. as is noied in the Pay Item Footnotes which are inciuded within the Convact Documents.
Item Number Description Units Quantity Unit Price :�mount
GENERAL[TEMS
101-01 Mobilization Lum Sum 1 LS $
101-20 Survev Crew Lum Sum 1 LS $
101-30 Project Records - Drawing Survey and
Record Drawine Lum Sum 1 LS $
IO2-01 Maintenance of�Traffic Lum Sum 1 LS $
SITE PREPARATION ITEMS
104-99 Erosion Convol Lum Sum 1 LS $
110-01 Clearin and Grubbine Lum Sum 1 LS $
120-01 Re ular Excavation Lum Sum I LS $
120-02 Borrow Material Cu Yds 100 $ $
PAVEMENT ITEMS
180-70 12" Stabilized Sub ade S Yds 2,114 $ $
220-70-06 12" Com acted Sub ade S Yds 922 $ $
285-704 6" Limerock Base or Crushed Concrete S Yds 922 $ $
285-709 10" Limerock Base or Crushed Concrete S Yds 2,114 $ $
331-72-10 1" Tv e S-1 As halt S Yds 922 $ $
331-72-14 1.5" T e S-1 As halt S Yds 410 $ $
331-72-20 2" Tv e S-1 As halt S Yds 1,704 $ $
333-01-01 1" T e S-III As halt S Yds 410 $ $
350-02-02 Reinforced Concrete Pavement (8") S Yd 712 $ $
STORM SEWER ITEMS
425-01-52 T "C" Inlet w/Grate Per Unit 4$ $
425-01-54 T "D" Inlet w/Grate Per Unit 3$ $
425-01-90 T "D" Inlet w/Grate & A ron Flume Per Unit 2$ $
425-01-98 Reconswct Existin Inlet As T e 5 Inlet Per Unit 1$ $
425-OZ Construct Storm Manhole w/Frame &
Cover Per Unit 1 $ $
425-02-99 Reconstruct Existin Storm Sewer Per Unit 1$ $
425-10 Yard Drain Inlet w/Grate Per Unit !$ $
430-I 1-323 Concrete Pi e Culven - 15" RCP Lin Ft 457 $ $
430-11-325 Concrete Pi e Culvett - 18" RCP Lin Ft 325 $ $
430-11-329 Concrete Pi e Culvett - 24" RCP Lin Ft 41 $ $
430-171-21 12" H.D.P.E. Lin Ft 69 $ $
PC CONCRETE ITEMS
520-01-10 T "F" Curb & Gutter Lin Ft 270 $ $
520-02-0�3 Tti "D" Curb Lin Ft 1,240 $ $
520-03 Valle Gutter Lin Ft 200 $ $
UNIT PRICE Bm PROPOSAL FORbt
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N�ooai�n��-a�aomw�ae,�s.iwn.il. in�r_ooz xoivnt
U1VIT PRICE
BID PROPOSALfFORM
FOR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMENTS & UTILITIES
3913 FIAMINGO ROAD
PALM BEACH GARDENS. FLOR[DA
Note: This portion of the Convact is a Unit Price Bid. All bid prices shall include the cost of furnishing all labor, supervision,
equipment, fuel, transportation, tools, material, supplies, testing, and services necessary for complete installation per the Plans and
Specifications and as noted in the Pny Item Footnotes. Said payment shall constitute fuil and complete compensation for all work
required for the bid item, as well as is noted in the Pay Item Foomotes which are included within the Convact Documents.
item Number Description Units Quantity Unit Price Amount
522-01 �" PC Concrete Sidewalk S. Ft. 2,8b0 $ $ •
522-998 Concrete Wheel Sto s Per Unit 32 $ $
522-999 Concrete Pad (For Generator and Fuel
Tank) Per Unit I $ $
522-949-1 Concrete Pad {For Irri ation Well Pum ) Per Unit 1$ $
522-99-999 Concrete Bollards (Ty�e "B") __ Per Unit 19 $ $
700-40-01 �Traffic Controi Signs (Itemized below)
711-35-01 Barcier Free S mbol Pavement Markin
711-35-041 Pavement Sui in (Parkin Stalls)
711-35-181 Solid Traffic Stripe (1$" White)
Thermoplastic - Cross walk stripping with
Border
711-35-241 Solid Traffic Stripe (24" White)
Thermo lastic - (Sto Bars)
711-35-998 Barrier Free 5' Restricted Area Pavement
U-O 1
U-02
U-03
U-04
U-OS
U-06
U-07
U-08
U-09
U-10
U- I 1
U-12
OiUWater Separator
Sample Poinu
Sanitary Sewer Service - PVC SDR 26 - 4"
Sanitary Sewer Service - PVC SDR 26 - 6"
Fire Hydrant Assembly
Siamese Connection for Fire Line
4" DIWM - Fire Line
6" DIWM
1" Copper Water Line w/Hose Bibb &
Vacuum Breaker (For Dumpster)
2" PE SDR 9- Water Service
2" Meter & RPZ Backflow Preventor
Watermain Jumoer Assemblv
Unit � 11 �$ �$
Unit 2 $ $
Ft 630 $ $
Unit 2 $ $
Ft 36 $ $
Unit 2 $ $
ip Sum
Unit
Ft
Ft
Unit
Unit
Ft
Ft
Ft
Ft
Unit
ip Sum
1 $
1 $
70 $
258 $
1 $
1 $
246 $
94 $
100 $
310 $
1 $
1 $
$
$
$
$
$
$
$
102-61-01 Monument Si Per Unit 1$ $
162-03 To oil (4") S Yds+F113 5,488 $ $
[JTiIT PRICE BID PROPOSAL FORM BP-2 r�oosi�nso,a-eao��eanwa.i �,,,�, �ii�rmoz z:oi rr.�
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LJNIT PRICE
BID PROPOSAL FORM
FOR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMENTS & UTILITIES
3913 ElAMINGO ROAD
PALM BEACH GARDENS. FLOR[DA
Note: This portion of the Contract is a Unit Price Bid. All bid prices shall include the cost of furnishing all labor, supervision,
equipment, fuel, vansporcation, tools, material, supplies, testing, and services necessary for complete installation per the Plans and
Specifications and as no[ed in the Pay Item Footnotes. Said payment shall constitute full and complete compensation for all work
required for the bid item, as well as is noted in the Pay Item Footnotes which are included within the Convact Documents.
Item Number Description Units Quantitv Unit Price Amount
902-999 Dumpster Enclosure Per Unit 1$ $
THE FOLI,OWING LANDSCAPING & IRRIGATION ITEMS RELATE TO TFiE LANDSCAPE & IRRIGATION
PLANS FOR TEiE PROJECC
L-01 Sod (St. Au ustine 'Floritam') S Ft 34,000 $ $
L-02 Stakin & Gu in Trees Per Unit 84 $ $
L-03 Stakin & Gu in Palms Per Unit 82 $ $
L-04 Mulch & Bark (C ress Mulch) Cu Yds 95 $ $
L-OS IC ILEX CASSINE Per Unit 20 $ $
L-06 HR HIBISCUS - STANDARD Per Unit 3$ $
L-07 LL LIGUSTRUM LUCIDUM Per Unit 3$ $
L-08 PE PINIJS DENSA Per Unit 10 $ $
L-09 PE-1 PINiJS DENSA Per Unit 16 $ $
L-20 PE-2 PINUS DENSA Per Unit 18 $ $
L-11 Qv UERCUS VIRGINIANA Per Unit 14 $ $
L-12 SP SABAL PALMETTO Per Unit 82 $ $
L-13 ANN ANNUALS Per Unit 150 $ $
L-14 CHH CHRYSOBALANUS ICACO
'HORIZONTALIS' Per Unit 75 $ $
L-15 CHR CHRYSOBALANUS ICACO 'RED
TIP' Per Unit 1,001 $ $
L-16 CRI CRINUM ASIATICUM Per Unit 3$ $
L-17 EUP EUPHORBIA MII.II'ROSY' Per Unit 190 $ $
L-18 HIB HIBISCUS Per Unit �7 $ $
L-19 � II.EX VOMTTORIA'STOKES
DWARF Per Unit 575 $ $
L-20 LIIt LIRIOPE MUSCARII Per Unit 225 $ $
L-21 MYR FiIBISCUS Per Unit 350 $ $
L-22 PHX PHII.ODENDRON XANADO Per Unit 115 $ $
L-23 PHO PHOEMX ROE$ELEIVII Per Unit 2$ $
L-24 TRl T'RIPSACLTM DACTYLOIDES Per Unit 90 $ $
L-25 TFL TRIPSCAUM FLORIDANA Per Unit 73 $ $
IRRIGATION SYSTEM
I-01 Flood Bubbler Per Unit 14 $ $
I-02 Above-Ground Shrub Adapter on
PVC Riser Per Unit 103 $ $
I-03 12" Po -u S ra Head Per Unit 136 $ $
I-04 6" Po -u S ra Head Per Unit 104 $ $
I-OS 4" Po -u Rotor Head Per Unit 55 $ $
I-06 4" Schedule 40 PVC Sleeve Lin Ft 71 $ $
I-07 3" Schedule 40 PVC Sleeve Lin Ft 51 $ $
I-08 2" Schedule 40 PVC Sleeve Lin Ft 96 $ $
I-09 2" Schedule 40 Main Line Lin Ft 969 $ $
I
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UNIT PRICE Bm PROPOSAL FORM � BP-3
P� 00-a177\Spen-Bid Doq�Bid Haqnsl Farmrl� 7/17l901 ? 01 Pb�
IJNIT PRICE
BID PROPOSAL FORM
FOR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMENTS & UTILITIES
3913 FIAM[NGO ROAD
PALM BEACH GARDENS. FLORIDA
s
�
!
Note: This portion of the Contract is a Unit Price Bid. All bid prices shall include the cost of furnishing all labor, supervision,
equipment, fuel, vansportation, tools, material, supplies, testing, and services necessary for complete instaifation per the Plans a�d
Specifications and as noted in the Pay Item Footnotes. Said payment shall constitute full and complete compensation for all work
required for the bid item, as well as is noted in the Pay Item Footnotes which are included within the Contract Documents.
[tem Number Description Units Quantity Unit Price Amount
I-!0 1 1/2" Electric Valve w/12"Valve
Box Per Unit 14 $ $
I-11 5 HP Pum in Station Lum Sum 1$ $
I-12 4" Galvanized Steel CasinQ Well Lump Sum 1$ $
SUBTOTAL UNTT PRICE BASE BID $
ADDENDUM ITEMS
•�� �
►1 J►�: _�
AMOUNT
$
$
$
$
$
SUBTOTAL ADDENDUM TTEMS $
TOTAL BID FOR SITE & UTILITY WORK (SUBTOTAL UNIT PRICE BASE BID +
SUBTOTAL ADDENDUM ITEMS) $
Dollars
Total Amount of Bid in Words
Submitted by: (Name of Bidding Firm)
Title
Submitted by: (Name & Title of Agent for Bidding Firm - Print or Type)
Submitted by: (Signature of Agent for Bidding Firm) Date
[3NTT PRiCE BID PROPOSAL FORM BP-4 r�oaam�„-ea nm�e�e r�..i �.,a. vnrmat =oi e�a
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21-183.00/1 71 929 - PALM BEACH GARDENS
FIltE/POLICE STATION NO. 5
07/ 19/02
SUBCONTRACTOR LIST
� FOR
IPALM BEACH GARDENS FIRE/POLICE STATION NO. 5
The following is a complete list of major suppliers and subcontractors to be used if the undersi�ned Bidder
is awarded the Contract for this Project. Also indicated are suppliers and subcontractors who qualify for
Ipartici�ation as Sma}1/Minority/Women's businesses.
S/M/W
Tvpe of Work Name and Address $Amt. (Yes/No
EARTHWORK
PAVING
LANDSC,�PING
IRRIGATION
CONC.
FORMWORK
CONC. FINISH
CMU SUPPLIER
MASON
WATERPROOFING
FLASHING & SHEET
METAL
ROOFING
SEALANT/CAULK
DOORS & FRAMES
ALUMINUM WINDOW
MFG.
ALUMINUM STOREFRONT
MFG.
WINDOW INSTALL
�
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SUBCONTRACTOR LIST SUB-1
21-183.00/171929 - PALM BEACH GARDENS
FIRE/POLICE STATION NO. 5
GLASS & GLAZING
LATH & PLASTER
DRYWALL
TILE
RESILIENT
FLOORING
PAINTING
EQUIPMENT ITEMS
APPLIANCES
CASEWORK
FIRE PROTECTION
PLUMBING
HVAC
CONTROLS
HVAC TESTING,
ADJUSTING, AND
BALANCING
ELECTRICAL
COMMLJNICATIONS
Dated this __
END OF SECTION
SUBCONTRACTOR LIST
day of
Contractor:
Address:
By:
Title:
(month) (year)
07/l 9/02
SUB-2
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ZI-183.00/171929 - PALM BEACH GARDENS
FTRE/POLICE STATION NO. 5
TRENCH SAFETY AFFIDAVIT - LUMP SUM
FOR
PALM BEACH GARDENS FIRE/POLICE STATION NO. 5
07/19/02
Trench excavations on this Project are expected to be in excess of 5 feet deep. The Occupational Safety
and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety
standards will be in effect during the period of construction of the Project.
Bidder acknowiedges that included in the Bid Price are costs for complying with the Florida Trench Safety
Act (90-96, Laws of FL) effective October l, 3990, and hereby gives assurance that, if awarded the
Contract, the Contractor or Subcontractor performing trench excavation work on the Project will compty
with the applicable trench safety standards. The Bidder further identifies the costs as follows:
Trench Safety.Item (Description) Cost
BASE BID:
A.
TOTAL $
FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING DECLARED NON-
RESPONSNE.
DATE:
CK�Iu�'�:���i►/:��i�i
:
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TRENCH SAFETY AFFIDAVIT - LUMP SUM
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21-183.00/ 171929 - PALM BEACH GARDENS
FIRE/POLICE STATION NO. 5
APPENDIX A
DRUG-FREE WORKPLACE FORM
07/ 19/02
The undersigned vendor in accordance �vith Fiorida Statute 287.087 hereby certifies that
does/does not (circle appropriate response):
(Name of Business)
1
?,
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
Inform employees about the danger of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling.
I�i�` � �'
A-1
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 181, 2002
EXHIBIT B
O'CONNOR AND TAYLOR PROPOSAL
,E - -
t
21-183.00/171924 - PAI�VI BEACHGARDENS � 07l14/02
FIltE/POLTCE STATIONNO. 5
BID FORM - LtJNII' SUM
B;d of O'Connor & Taylor, Inc
�-
3892 Prospect Avenue, Suite 7, West Palm Beach, Florida 33404
to furnish all materials, equipment and labor and to perform all work in accordance with the Contracc Documents for construction of Palm
Beach Gazdens Fire/Police Station #i5located in Palm Beach Gardens, Florida.
To: Palm Beach Gardens Ciry Clerk
10500 Nonh Military Trail
Palm Beach Gardens, FL 33410
Gentlemen:
The undersigned Bidder has carefully examined the Bidding Documents and the site of the proposed Work and is familiar with the nature
azld extent of the work and any local conditions that may in any manner affect the work to be done.
The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding Documents, in the manner prescribed
therein and to the scandards of quality and performance established by the ArchitealEngineer for the lump sum price scated in the spaces
herein provided, for each of the items or combination o£ items stipulated Lump sum price shall include implementation of all applicable
safety requirements.
The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding Documenu, in the manner prescribed
therein and to the standards of quality and performance established by the Architecr/Engineer for the unit price amounts stated in the
spaces herein provided on the attached Exhibit A, for each of the items or combination of items stipulated. Unit price line items shall
include cost of implemenung all applicable safery requirements.
BASE BID
Base Bid includes the Unit Price Bid Total and A owance No. 1
/� + /, ��, �,�/ ,,( /
� a 1 l�lA � li Tn,/ `ll r ini. .�i1� �1��_� `�!V �ti1�c hi{� n� .� J
/100 Dollars ($ j J�o2 Gj ,� 71 (7 )
i
BID SECURTTY
Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of $ THE BID made
payable to the Owner which may be forfeited as liquidated damages if, in the event this proposal is
accepted, the undersigned fails to execute the Agreement and furnish and pay for the required
�1D FORM - LUMI' SUM BFL-1
21-183.00/171929 - PAI.M BEACH GARDENS 07/ 19/02
��RE/I'OLICE STATION NO. 5
performance and payment bonds for the Owner within 10 days after acceptance of the Bid; otherwise said certified or cashier's check or
bid bond will be mturned to the undersigned.
TIlv1E � _
The undersigned Bidder agrees to connmence work within 10 days after the date of written Notice to Proceed, to substant�ally complete the
entire Work within 300 consecutive calendar days after the date of written Notice to Proceed, subject to such extensions of time allowed by
the Conditions of the Contract, and to achieve Final Completion of the Work by no later than 30 days after the actual date of substantial
completion.
The undersigned Bidder agrees thaz this Bid shall be good and may not be withdrawn for a period of 45 days after the scheduled closing
time for receiving bids.
LIQUIDATED DAMAGES
The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established as the
dace of substantial completion and the actual date of such substantial completion of the contract work, the amount of $500.00 per calendar
�'•
The undersigned further agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established
as the date of final completion and the actual date of final completion of the contract work, the amount of $500.00 per calendar day.
ADDBNDA
Bidder acknowledges the receipt of Addendum No.'s
1. August 19, 2002, 2. August 28, 2002, 3. August 30, 2002, 4. September 6, 2002, 5.
Dated this ]2`� day of September
(month)
SEAI,
�
Attachments:
Certified Financial Statement
Subcontractor List
I�id Security
Trench Safery Act documentation
Appendix A- Drug Free Workplace Forcn
Exhibit A- Unit Price Schedule
2002.
�Y�)
Contractor.
� .f :.
O'Connor & Taylor, Inc.
3892 Prospect Avenue, Suite 7
West Palm Beac orida 33404
By:
. Ta or,
T�r1e: resident
Contractor's License No. CGC 043318
PID FORM - LUMP SUM BFL-2
�7
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� UNIT PRICE
BID PROPOSAL FORM
FOR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMElVTS & UTILITIES
3913 FLAMINGO ROAD
PALM BEACH GARDENS. FLORIDA
CINfCPR]CF. BIDPROPOSALFORM BP-1 P.�DO-417TSpecs�BiA�at51R8visetlBiOProposalFwm-08-27-02—InclWesAOtlenC.ttitemsxl5 9062002 12O6PM
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UNIT PRICE 1
BID PROPOSAL FORM
- FOR
PALM BEACH GARDENS
FIRE STATION #5 .
SITE IMPROVEMEIVT� & UTILITIES
3913 FLAMQVGO ROAD
PALM BEACH GARDENS. FLORIDA
I�1ote: This portion of the Contract u a Unit Price Bid All bid prices shall include the cost of furnishing all labor, supervisioq
equipment, fuel, transportation, tools, material, supplies, testing, and services necessary for complete installation per the Plans and
Specifications and as noted in the Pay Item Footnotes. Said payment shall consdtute full and complete compensation for all work
re' d for the bid item, as well as is noted in the Pa Item Footnotes which are included within the Contract Documents.
Item Nuinber Descri tion Uniu Unit Price Amoucu
522-01 4" PC Concrete Sidewalk Sq. F� 2,860 $2.45 $7,007.00
522-998 Concrece Wheel Stops Per Unit 32 $18.50 $592.00
522-999 Concrete Pad (For Generator and Fuel
Tankl PerUnit 1 $1,3q4.p0 $1344_00
700-4Q01 Traftic Contmi Signs (Itemized below)
711-35-01 Bamer Free Symbol Pavement Marking
711-35-041 Pavement Striping (Parking StalLs)
711-35-181 Solid Traffic Stripe (18" White)
Thermoplascic - Cross walk stripping with
Border
711-35-241 Solid Traffic Stripe (24" White)
Thermoplastic - (Stop Bazs)
711-35-948 Barrier Free 5' Restriaed Area Pavemenc
1 Oil/Wazer Separator
2 Sample Points
3 Sanitary Sewer Service - PVC SDR 26 - 4
4 Sanitary Sewer Service - PVC SDR 26 - 6
5 Fire Hydcant Assembly
6 Siamese Connection for Fire Line
7 4" i1iWM - Fire i.inr
Vacuum Breaker
U-10 2" PE SDR 9- VI
U-11 2" Mecer & RPZ
U-12 Wazermain Jump
iJNII' PRICE BID PROPOSAL FORM
Preventor
Per Unit
Lin Ft
Per Unit
Lin Fc
Per Unit
Fc
1 $300.00
19 $200.00
1 $2,530.00
2 $200.0(
630 $0.28
2 $250.00
36 $22.37
2 $200.00
•�
$805.32
$400.00
76.70
$INC
$z,o6s.00
unpSiun � 1� $1,225.00 � $1,225.00 �
BP-2 P.�00�41T,�Sptts-BidDOC.slRevi4edBitlPropoSatFOrtn-08-7/-02-InclWesMtlenO.ttltertt4s13 3q6/Z002 1296PM
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LJNIT PRICE
BID PROPOSAL FORM
£OR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMENTS -& UTILITIES
3913 FLAMINGO ROAD
PALM BEACH GARDENS. FLORIDA
iJI�IICPRICEBIDPROPOSALFORM BP-3 r.�oo�a�rss�ecs�aaoacsiae�seaaaaro�osaiFam-oa�no2-inc�,aesneaem.nir�xis 4U62002 1296PM
� - —
UNIT PRICL�`'
BID PROPOSAL FORM
FOR
PALM BEACH GARDENS -
FIRE STATION #5
SITE IMPROVEMENTS -& UTILITIES
3913 FLAMINGO ROAD
PALM BEACH GARDENS. FLORIDA
SLTBTOTALUNTTPRICE BASE BID $324,640.62
ADDENDUM ITEMS
ADDENDUM AMOUNT
NUMBER
1 $
2 $
3 $
4 _ $
$
SUBTOTAL ADDENDUM ITEMS
Included Above
Included Above
Included Above
Included Above
$ 0.00
TOTAL BID FOR SITE & UTILITY WORK (SUBTOTAL iJNIT PRICE BASE BID +
SUBTOTAL ADDENDUM ITEMS) - $324.640.62
Three Hundred Twenty Four Thousand Six Hundred Forty Dollars and Sixty Two Cents
Total Amount of Bid in Words
O'Connor & Taylor, Inc.
Submitted by: (Name of Bidding.Firm)
Submitted by:
Title President
of Agent for Bidding Firm - Print c�r T
of Agent
� �
LINLI�PRICEBIl�PROPOSALFORM BP-4 P.WOd17JSpets-BqDacslqev"seOBiCPrOp�,ilFam-OB-27�2-IncAAesMOerb.i111emSxLS 406R002 12'O6PM
�
21-183.00/171929 - PAI.M BEACFIGARDENS
FIRE/POLICE STATTON NO. 5
'IRINCH SAFETY AF�TDAVTT - LtIMI' SUM
FOR
PALM BEACH GARDENS FIKE/POLICE STATION NO. 5
07/19/02
Trench excavations on this Project are expected to be in excess of 5 feet deep. The Occupational Safery and Health Administration
excavation safety standazds, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of construction of the
Project.
Bidder acknowledges that included in the Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of FL)
effective October 1, 1990, and hereby gives assurance that, if awarded the Contract, the Contractor or Subcontractor performing trench
excavation work on the Projecc will comply with the applicable crench safecy standards. The Bidder funher identifies the costs as follows:
Trench Safet�Item All Pi�ing (Descri�tion} SLOPE Cost $1.00�.
BASE BID:
A. V/�,� I v� I l �� f�'� ,Uri �d`�L:—d��=EZti,l�/l-C �/ScLVVt�_
TOTAL $ /, J o�- "I p v�
FAII.URE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING DECL.ARED NONRESPONSIVE.
COMPANYNAME: O'C or & Taylor, Inc.
DATE: September 12, 2002 BY:
J.E. Tayl , II � resident
TRINCH SAFETY AFFIDAVIT - LUMI' SUM TSL-1
�
21-183.00/171429 - PALM BEACHGARI7'ENS
FIRE/POLICE STATIONNO. 5
APPENDIX A
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Flo ' tatute 287.087 hereby certifies that
O'Connor & Taylor, Inc. does does not (circle appropriate response):
(Name of Business)
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohbition.
2. Inform employees about the danger of drug abuse in the workplace, the business's poliry of
maintaining a drug-free workplace, any available drug counseling.
07119/OZ
APPENDIX A A-1
_ �
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A ocumen� A��o - ec[rorttc ormat
: s : ! �
Ty15 DcjC1,tMENT FiAS iMPORT.iNT LEGAL CONSEQllENCES: CONSl1LTATiON WITH AN ATTORN�Y 1S ENCOl1RAGED W[TF3 RFSpEL7 ?O LTS
COMPLETION OR MODiF[CATION. AllTHEN7IGAT]ON OF TH15 ELEGTRONICA]„l;Y- DRAFTED AlA DOGIIM�NT MAY BE I�AAS BY U51NG A[p,
DOCL3MElrf Daoe.
.
KNOw ALL MFN SY THESE PRESENTS, thai we o'Connor & Taylor, Inc.
(Xerr inscn !u[l name and addnss or kga! ritic afConlracror)
as Pcincipal, hereinafter called the Principal, and United States Fire Insurance Company
305 Madison Avenue, Morristown, NJ 07960
(X�yr irueri hr!l name snd addrers orlgsl rirk ofSulrry)
a corporation duly organized under the laws of the State of as Surety, hereinafte� called the Surety, are held and Firmity bound unto
City Clerk, City of Palm Beach Gardens
1�500 N. Military Trail (HelrinsatfuUn�mew�daddreuarlrg�J���olOwrr;rJ
as �b�igee; �iere�inatter cal�� the30bligee� in the sum o( pollars (s ), for the payment of whi�ch sum well and �ruly to be made, lhe said
Pcincipal and ehe said Surety, bind ours�lves, our heirs, e�cecutors, administrators, successors and assigns, jointly and sever�liy, fim�ly by
ihes� presents.
WHEREAS, the Principal h� subm;tted a bid for Palm Beach Gardens Fire/Police Station #5
(Herci►urrr hrll nsme, addreuand dacriprioa ofpr�o�e�c�)
NOW, TN�REFORE, if the Obligee sha11 accept the bid of the Principal and lhe Principal sha11 en�er into a Conlract with the Obiigee in
accordance with the �erms otsuch bid. and g�ve such bond or bonds as may be spec�Fed in �he biddi,ng or Con►ract pocaments wi�h
govd and sufficien� surety for the Faithful peYform�nce of.such Contract and for the prompt paymenl of latwr and material furnished in
the prosecution lhereof, or in �he event af !he failure of the Frincipat to enter such Contraci and give such �ond or bonds, iF ehe
Principal shall pay to the Obl'egee the difFerence r►ol �o eaccecd the penalty hereof between the amount speci6ed in said bid and such
larger amoun� for which the Obligee may in geod Eaith contrac� with another party to perform the Work covered by said bid, �hen this
obliga►ion ahall be null and void, othetwise to remain in fuil force and effect.
t
(
Karen lair
United States Fire Insurance Company
(Surety) ^ ' lSeall
BY : V�'
fT;rleJ
Anett Cardin<._.., Attorney-In-Fact and -
Florida LicEnsed Resident Agent
Inquiries (813) 281-2095
�A u O A ,�73 A ,_w., A H! _ - 9. A1A M - i
BOND • fE6RUARY 197U ED�71QN - AIA� - Unlicensed photocopying vio�ates US, copyrighf laws and is s�bject 10 legal prosecution. This document
was Ciearonically produted wilh permission of the AlA and can be reproduced in accordarxe with your ticense wirhout violation untll the date oF
expiratian as noted belvw. User pocument: a310 x.aia — 7/24l2Q02, A!A License Nvmber 1007569, which expires on 10/3UI002.
Electronic Formaf A31bt970
� •
21-183.00/171929 - PALM BEACHGARDENS 07/19/02
FIltE/POLICE STATIONNO. 5
SUBCONTRACTOR LIST
FOR
PALM BEACH GARDENS FIRE/POLICE STATION NO. 5
'The following is a complete list of major suppliers and subcontractors to be used if the undersigned Bidder is awazded the Contract for this
Project. Also indicated are suppliers and subcontractors who qualify for participation as Small/Minority/Women's businesses.
S/M/W
Type of Work Name and Address $Amt. es/No
EARTHWORK O'CONNOR & TAYLOR, INC $110,000 NO
PAVING
LANDSCAPING
IRRIGATION
CONG
FORMWORK
CONC. FINISH
CMU SLIPPT 7F.R
MA.SON
WAfERPROOFING
FI.ASHING & SHEET
METAL
ROUFING
SEAI.ANT/CAULK
IX�ORS & FRAMFS
RIVIERIA BEACH, FLORIDA
O'CONNOR & TAYLOR, INC
O'CONNOR & TAYLOR, INC
O'CONNOR & TAYLOR, INC
O'CONNOR & TAYLOR, INC
O'CONNOR & TAYLOR, INC
O'CONNOR & TAYLOR, INC
O'CONNOR & TAYLOR, INC
O'CONNOR & TAYLOR, INC.
INCLUDED IN A1 DURAN
AIDURAN
HIALEAH, FL;ORIDA
08�I' INC.
O&T INC.
WESTON, FLORIDA
AI.UMINiJM WINDOW
�vlf�G. O&T INC.
ALUNIINLJM SI'OREFRONT
MFG. 08�T INC
WINDOW INSTALL O&T INC.
INQ.UDED ABOVE
$57,800.00
$31,312.00
��
�
$130,925.00 NO
INCLUDED ABOVE NO
INCLUDED IN MtLSONRY
$45,000.00 NO
$780.00 NO
. •�� �•
$9,335.00
$ i9,515.00
INCLUDED ABOVE
INCLUDED ABOVE
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SUBC'.ONTRACTOR LIST SUB-1
21-183.00/171929 - PALM BEACHGARDENS
FIItEII'OLICE STATTON NO. 5
GLASS & GLAZING IN WINDOWNUMBER
LATH & PLAST'ER O&T INC. $31;270:00
DRYWALL O&T INC. $37,385.00
TII.E O&T INC. $38,975.00
RESILIENT
FLOORING O&T INC.
PAINTING O&T INC.
I:QUII'MENT ITEMS
APPLIANCES O&T INC
CASEWORK � � �
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FIRE PROTECTION � ✓' � �'�'
`� �� .
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C;OMMUNICATIONS
I)ated this 12�' day of Se�tember, 2002.
(month) (year)
Conu�ccor. O'Connor & Taylor, Inc.
Address: 3892 Prospect Avenue, Suite 7
West Palm , lorida 33404
By: �
r'' J.E. Tayl ,
Tide: President
END OF SECTTON
SUBCONTRACTOR LIST
07/19/02
SUB-2
0
4'Connor & Ta lor Inc.
Y �
and Combined Com anies
p
Financial Statements and Other
Financial Information
December 31, 2001
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TABLE OF CONTENTS
INDEPENDENT AUDITORS' REPORT ................................... . 1
FINANCIAL STATEMENTS
Combined Balance Sheet .................................................... 2
Combined Statement of Income and Retained Eamings ... ... ...... ...... 4
Combined Statement of Cash Flows . ... ....... . .. . .. .... ... .... ....... . 5
Notes to Combined Financial Statements .................................. 6
OTHER FINANCIAL INFORMATION
Report of Independent Auditors on Other Financial Information .... ....... 13
Combining Balance Sheet ................. ................................... 14
Combining Statement of Incorne and Retained Earnings . .. . . . . . . . . .. . .. 15
Schedule of Contracts in Progress and Completed Contracts ......... 16
� CHARLES W. CAIRNES JR. P.A.
CERTIFIED PUBLIC ACCOUNTANT " -" . �
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INDEPENDENT AUDITOR'S REPORT
To the board of Directors and Stockholders of
O'Connor & Taylor, Inc. and Combined Companies.
I have audited the accompanying combined balance sheet of O'Connor and Taylor, Inc.
and Combined Companies (brother and sister S corporations) as of December 31, 2001,
and the related combined statements of income, retained eamings, and cash flows for the
year then ended. These financial statements are the responsibility of the Company's
manageinent. My responsibility is to express an opinion on these financial statements
based on my audit.
I conducted my audit in accordance with auditing standards generally accepted in the
United States of America. Those standards require that I plan and perform the. audit to
obtain reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting the
amount and disclosures in the financial statements. An audit also includes assessing the
accounting principles used and significant estimates made by management, as well as
evaluating the overall financial statement presentation. I believe that my audit provides a
reasonable basis for my opinion.
In my opinion, the financial statements referred to above present fairly, in all material
respects, the financial position of O'Connor & Taylor, Inc. and Combined Companies as
of December 31, 2041, and the results of its operations and its cash flows for the year
then ended in conformity with accounting principles generally accepted in the United
States of America.
� , � •.
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May 14, 2002
1973 PGA Boulevard, Suite C, Palm Beach Gardens, Florida 33408
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Current Assets:
O'CONNOR & TAYI..OR, INC. And Combined Companies
Combined Balance Sheet _
As of December 31, 2001
ASSETS
Cash and cash equivalents
Accounts receivable - Less $ I50,000 allowance for doubtful accounts
Retainage receivable
Investments
Loans receivable - employees
Notes receivable - shareholders
Prepaid expense
Costs and estimated earnings in excess
of billings on uncompleted contracts
Total Current Assets
Property, Plant and Equipment:
Land
Building
Office furniture and equipment
Computer equipment
Field equipment
Vehicles
Leashold improvements
Total Property, Plant and Equipment
Less accumulated depreciation
Property, Plant and Equipment
Other Assets:
Defened startup
Unamortized loan acquisition costs
Refundable deposits
Investments
Total Other Assets
TOTAL ASSETS
Read accountant's report and notes to financial statements.
�
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$ 1,808,586
7,735,333
2,242,387
23
67,43 8
214,500
6,098
437,228
12,S11,593
378,72I
268,773
l 29,849
402,445
53,385
79,358
106,954
1,419,485
(484,895)
934,590
51,355
20,283
95,572
459,265
626,475
$14,072,658
° O'CONNOR & TAYLOR, INC. And Combined Companies
� Combined Balance Sheet
As of December 31, 2001 �
(Continued) �
LIABILITIES AND EQUITY
Current Liabilities:
Accounts payable
Retainage payable
Notes payable - current
Other current liabilities
Billings in excess of costs and estimated
earnings on uncompleted contracts
Total Current Liabilities
Long-term debt, less current portion
Stockholders' equity:
Capital stock
Paid in capital
Retained earnings
Total stockholders' equity
TOTAL LIABILITIES AND EQUITY
$ 5,654,278
2,552,737
297,156
9,003
2,025,850
] 0,539,024
1,656,054
15,400
S l 7,340
1,344, 840
1,877,580
$ ] 4,072,658
Read accountant's report and notes to financial statements.
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O'CONNOR & TAYLOR, INC. And Combined Companies
Combined Statemenf of Income and Retained Earnings.
For the Year Ended December 31, 2001
Earned revenue
Cost of eamed revenue
Gross profit
General and administrative expenses
Depreciation and amortization
Income from operations
Other income (expense) :
Rental income
Provision for doubtful accounts
Gain (Loss) on sale of assets
Interest expense
Total other income (expense)
Net income before loss on disposal
Loss on disposal of Ouzounian, O'Connor & Taylor Inc.
Net income
Retained earnings, beginning ofyear
Monthly distributions
Real estate distributions
Insurance
Restructure debt
Income tax distribution
Other distributions
Total distributians
Retained earnings, end of year
. - Read accountant's report and notes to financial statements.
_A_
0
$ 47,280,194
44,006,096
3,274,098
2,277,931
228,030
768,137
] 9,995
(150,000)
126,540
(134,539)
( I 3 8,004)
630,133
(303,508)
326,625
1,839,836
(275,000)
(128,130)
(90,869)
(211,032)
(103,500)
(13,090)
(821,621)
$ 1,344,840
O'CONNOR & TAYLOR, INC. And Combined Companies
Combined Statement of Cash Flows _
For the year Ended December 31, 2001
�
Cash flows from operatina activities
Net Income
Adjustments to reconcile net income to net cash
provided by operatin� activities:
Depreciation and amortization
(Increase) decrease in:
Accounts receivable
Retainage receivable
Investments
Loans receivable - employees
Notes receivable - Stocl:holders
Prepaid expenses
Cost and estimated earnings inc excess
of billings on uncompleted contracts
Loan acquisition cost
Refundable deposits
Investments
Increase (decrease) in:
Accounts payable
RetainaQe payable
Line of credit
Other current liabilities
Intercompany
Billings in excess of cost and estimated
earnin�s on uncompleted contracts
Total adjustments
Net cash provided (used) by operating activities
Cash flow from investin� activities:
(Purchase) Disposal offixed assets
Net cash provided (used) by investing activities
Cash flow from financin� activities:
Proceeds from issuance of lonQ-term debt
Proceeds from issuance of common stock
Stockholder distributions
Net cash provided (used) by financing activities
Cash flow from non-cash transfer activities:
Disposal of Ozounian O'Connor & Taylor Inc.
Accrued provision for doubtful accounts
Net cash provided (used) by non-cash transfer activities
Net increase (decrease) in cash and equivalents
C:ash and equivalents, beginin� of year
Cash and equivalents, end of year
Supplemental disclosures of cash flow information:
Cash paid durin� the year for:
Interest expense
Read accountant's report and notes to linancial statements
..
228,030
(3,860,495)
(723,324)
314
(54,488)
(160,692)
45,626
56,293
22,127
(43,718)
(5,442)
1,899,923
1,805,969
(987,620)
9,003
44,669
1,730,371
6,546
3'i3,171
(831,060)
(83 l ,060)
1,547,093
66,194
(821,621)
791,666
303,079
150,000
453,079
746,856
I ,061,730
� 1.808_586
134,539
O'CONNOR & TAYLOR, INC. and Combined Companies —
Notes to Statements
December 31, 2001
NOTE A - ORGA1vIZATION
The Company is a licensed general contractor, specializing in commercial construction. The
Company has offices in Florida, North Carolina and South Carolina.
Management uses estimates and assumptions in preparing these Consolidated financial
statements in accordance with generaliy accepted accounting principals. Those estimates and
assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent
assets and liabilities, and the reported revenues and expenses. Actual results could vary from the
estimates that were used.
The Company, as a condition for entering into certain construction contracts, has outstanding
surety bonds approximating $64,000,000. The bonds are collateralized by contracts receivable.
NOTE B- SIGNIFICANT ACCOUNTING POLICIES
Principles of Combination: The combined statements include the accounts of O'Connor &
Taylor, Inc. and other companies that are controlled by Frank S. O'Connor and Joseph E.
Taylor, the owners of O'Connor & Taylor, Inc. The ownership percentages of the companies
included in this combination are as follows:
# of % % Held
# of Shares Held by by
Par Shares Issued And F.S. J.E.
Company Value Authorized Outstanding O'Connor Taylor_
O'Connor & Taylor, $.O1 2,500,000 1,000,000 50% 50%
Inc.
O'Connor & Taylor
Condominium
Construction
Corporation
O'Connor & Taylor of
the Carolinas, Inc.
Trade Pro
Construction Services
Inc.
O'Connor & Taylor
Development Inc.
O&T Holdings #1, Inc.
CFO Online Financial
Services, Inc.
$1.00 1,000
$1.00 100
1,000 50%
100 50%
1,000 (FL) 1,000
$I.00 1,000 (SC) 1,000
1,500(NC) 1,500
$1.00 1,000 600
$1.00 100 100
$1.00 100 100
50%
50%
50%
20°/a
50%
50%
50%
50%
50%
20%
All significant transactions between the combined companies have been eliminated in the
combination.
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O'COI�NOR & TAYLOR, INC. and Combined Companies --
�'� Notes to Statements (Continued)
! December 31. 2001
NOTE B- SIG1vIFICANT ACCOUNTING POLICIES (Continued)
Reco�nition of Revenue: For financial reporting purposes, contract revenue is recognized
using the percentage-of-completion method. Under this method, the percentage of contract
revenue to be recognized is currently computed as that percentage of estimated total revenue
that incurred costs to date bear to total estimated costs, after givinj effect to the most recent
estimates of costs to complete. Revisions in cost and revenue estimates are reflected in the
period in which the facts which require the revision become known. When revised cost
estimates indicate a loss on an individual contract, the total estimated loss is provided for
currently in its entirety without regard to percentage of completion.
The asset, "costs and estimated earnings in excess of billings on uncompleted contracts",
represents revenue recognized in excess of amounts billed. The liability, "billings in excess of
costs and estimated earnings .on uncompleted contracts", represents billings in excess of
revenue recognized.
Accountin� Estimates: The preparation of financial statements in conformity with generally
accepted accounting principles (GAAP) requires management to make estimates and
assumptions that effect the reported amounts of assets and liabilities and disclosure of
contingent assets and liabilities at the date of the financial statements, and the rep.orted
amounts of revenues and expenses during the reporting period.
Cash Equivalents: Company considers all liquid investments with maturity of three months
or less to be cash equivalents.
Cash Balances in Excess of $100,000: At Decernber 31, 2001, the Company had
approximately $1,848,818 in excess of FDIC insured limits.
_Property and Equiument: Equipment is stated at cost. Depreciation is computed using the
straight-line method for financial reporting purposes. Depreciation expense for the year ended
December 31, 2001 totaled $109,812.
Intangible assets: Intangible assets are stated at cost net of amortization calculated in the
straight line method over the useful lives of the assets.
Income Taxes: Under the provisions of the Internal Revenue Code, the Company has elected
to be taxed as an "S Corporation." Under such election, the Company's federal taxable
income or loss and tax credits are passed through to the individ��ul stockholders.
Allowance for poubtful Accounts: The provision for doubtful accounts included in other
income (expenses) was $150,000 for the year.
ere
O'CON�tOR & TAYLOR, INC. and Combined Companies -- ;
Notes to Statements (Continued) �%
December 31, 2001
NOTE C- CONTRACTS IN PROCESS
Contracts in proaress at December 31, 2001 consisted of the followin�:
Costs incurred on uncompleted contracts
Estimated earnings thereon
Less: billings to date
Included in the accompanying balance sheet under the following captions:
Costs and estimated eamings in excess of billings on uncompleted
contracts
Billings in excess of costs and estimated earnings
on uncompleted contracts
NOTE D— ADVANCES TO AFFILIATES
$ 59,842,603
4,416.518
64,259, I 21
65,847,743
( 1.588.6221
$ 437,228
(2,025,850)
( 1.588.6221
The stockholders of the Companies routinely advance cash between the Companies to satisfy
normal operating needs. These advances are expected to be repaid within a normal operating
cycle and bear no interest.
NOTE E- LOANS RECEIVABLE EMPLOYEES
Loans receivable employees represent cash advances to employees secured by promissory
demand notes bearing interest at 8%.
-8-
O'CONNOR & TAYLOR, INC. and Combined Companies —
% Notes to Statements (Continued)
� December 31, 2001
NOTE F — OPERATING LEASES
The Company leases its West Palm Beach office facilities under the terms of a five-year lease
that tem►inates on December 31, 2004. The lease calls for monthly payments of $2,478 plus
sales tax and the Company has the riaht to sublet the space if future growth requires
relocation. Rental expense for West Palm Beach in 2001 totaled $30,553.
The Company has entered into a five-year lease for new West Palm Beach office facilities in a
portion of a new office building which is majority owned by the owners of the Company. The
lease on the new facilities commences July 2402 and ends June 2007. The annual lease cost
of the new facility is $36,551.
The Company entered into a lease for its Raleigh, North Carolina office facilities on
September l, 1999. The lease is a two-year lease. The lease calls for monthly payments of
$750 plus sales tax. Rental expense for 2001 totaled $9,000 for North Carolina.
The Company entered into a lease for its Hilton Head, South Carolina office facilities on
October 1, 2001. The lease is a one-year lease with and option to renew on the same terms for
an additional two years. The lease calls for monthly payments of $1,278. Rental expense for
2001 totaled $15,456 for South Carolina.
The future payments required by these leases over the next five years are as follows:
2002
2003
2004
2005
2006
Total
$ 65,038
48,975
49,205
36,551
36,551
236 20
The Company leases 18 vehicles under operating leases. The lease terms are from 36 to 48
months. The total monthly payments are $8,797. The amount reported for equipment rental
was $116,488 for the year ended December 31, 2001. The future minimum lease payments
are as follows as of December 31:
2002
2003
2004
2005
Total
�
97,007
�d,357
14,966
2�--36 320
O'Connor & Tnylor, Inc. nnd Combined Companies
CombincJ Bnlnnce Slicct O'Connor &
As uf Dccember 31. 2001 TTylor O'Connor &
O'Conner & Tradc Pro CFO Condominium Taylor O&T
O'Connor & Tavlor o[ the Constructian Financiai Construction Development IiolJings Eliminations Sc CombincJ
Taylor, Inc. Carolinas, Inc. Services, Inc. Services, Inc. Corporation Corporation q1 Rcclassifications 'Cot�l
Assecs
Currcnt Asscts;
Cash and cash equivalents
Net Account receivable - billed
Retainage receivable
Marketable securities
Loans receivable - employees
Due from stockholders
Costs and estimated earnings in excess
of billings on uncompleted contracts
Prepaid expense
Total current asscts
Total property and cquipmcnt
Othcr asscts:
Refundable deposits
Unamortizcd loan costs
Deferred start-up costs - net
Long-term invesdnenls
Intercompnny accounts receivable
Total othcr nsscls
Total Asscts
I.,iabilitics and equity
Current Liabilitics:
Accounts payable
Retainage payable
Current portion of long-term debt
Line of credit
[iillings in excess oCcosts and estimated
Earnings on uncompleted contracts
Othcr
Total currcnt liabilities
Long-term debt, less curront portion
Intercompany balances
Stockholders' cquity:
Capital Stock
Paid in capital
Retained e�rnings
Net Distributions
Current year income (loss)
Totnl stockholdcrs' cquity
Total Liabilitics nnd Stockholdcrs' Equity
$ 364,075 $
2,214,845
539,075
23
62,845
0
((0,276) $ 167,031 $ 2,608 $ 1,284,659 $ - $ 489
2,095,007 1,641,522 442,326 3,352,919 - (2,011,287)
1,167,468 - - 535,844 -
1,071 838 - 2,683 - -
- 214,500
$ 1,808,586
7,735,333
2,242,3A7
?3
67,438
214,500
13,752 234,127 46,635 - 142,714 - 437.228
- 1,239 2,248 2,611 - G 098
3,194,615 3,488,637 1,858,276 444,934 5,32I,431 214,500 489 (2,011,287) 12,5t I,S95
221,470 63,498 - 5,393 95 193,721 450,413 934,590
89,301 (250) - - 6,520 - 95,57t
20,283 - - - - - 20,283
66,200 (14,846) - - - - 51,355
459,265 - - - - - 459,2G5
4,732,242 603,239 - - 302,000 - (S,G37,4R1) -
5,367,291 588,143 - - 308,520 - - (5,637,4R I) 62G,473
$ 8,783,376 $ 4,140,278 � 1,858,276 $ 450,327 $ 5,630,045 $ 408,221 $ 450,902 $ (7,648,768) $ 14,072,658
\
�.,�.
$ 1,216,246 S 3,116,182 $
375,104 704,105
211,780
72,411 $ (4,820) $ 2,895,781 $
7,324 - 1,466,204
48,706 -
- $ - $ (1,641,5221 $ 5,654,279
- - 2,552,737
21,647 15,023 297,156
1,257,827 151,714 - - 559,666 56,6Q3 2,025,850
9,003 9,0(13
3,060,957 3,972,002 128,441 (4,820) 4,921,651 21,647 24,02G (1,584,879) I0,539,O25
1,231,973 94,501 329,580 I,G56,054
3,000,416 17,441 1,720,695 455,047 593,t84 185,526 30,335 (G,UO2,745) -
10,000 100 3,500 100 I,000 600 100 15,400
456,544 400 64,894 (4,500) 517,340
2,077,873 74,281 2,649 (0) 115,070 - (430,037) 1,839,R36
(763,347) - - - (58,274) - - (821,621)
(291,041) 76,054 2,991 - 57,414 105,847 1,967 373,394 )26,6Z5
1,490,029 150,835 9,l40 !00 115,211 106,447 66,961 (G1,143) 1,877,579
$ 8,783,376 $ 4,140,278 $ t,858,276 $ 450,327 $ 5,630,045 S 408,221 $ 450,902 $ (7,648,768) $ 14,072,G58
-14-
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f
O'Connor & Taylor, Inc, and Combined Companics
Combincd Statement of Operations
For thc Twcive Months GnJed Deccmbcr 31, 2001
Earned revenuc
Cost of earncd revcnuc
Gross profit
General and administrative expenses
Incomc (loss) from operations
Other income (cxpenses):
Other income (expensc)
Provision for doubtful accounts
Gain (Loss) on disposal of s►ssets
Intcrestexpensc
Total othcr incomc (expenses)
Net income before loss on disposal
Loss on disposal of Ouzouni�n. O'Connor & Tnylor, Inc.
O'Connor &
O'Connor & Trade Pro CFO Condominium Taylor O&'I'
O'Connor & Taylor of thc Construction Financial Construction Developmcnt Iloldings I:liminations & CombineJ
Taylor, Inc. Carolinas, Inc. Services, Inc. Services, Inc. Corporation Corporation H1 Rcclassifications Total
$ 14,8G9,154 $ 13,201,685 S 1,773,288 S 3G9,764 $ 19,049,399 $ (1,983,09,5) $ 47,280,194
13,G08,686 12,708,401 1.716,645 - 17,959,089 (1,98G,724) 44,00G,09G
1,260,468 493,284 56,643 369,764 1,090,310 - - 3,G30 3,274,098
99G,362 417,230 51,788 369,764 1,032,896 4,305 3,382 (3(,9,7G4) 2,505,962
2G4,106 76,054 4,856 - 57,414 (4,305) (3,382) 373,394 7(8,13G
- - - - - 19,I95 19,995
(150,000) (150,000)
- 12G,540 12G,�40
(101,G39) - (1,8G5) - - (1G,388) (14,1r47) (Y34,539)
(251,G39) - (1,8G5) - - 110,152 5,348 - (138,004)
12,4G7 7G,054 2,991 - 57,414 105,847 1,9G7 373,394 C30,133
(303,508) - (303,508)
Net incomc (291,040) 7G,054 2,991 - 57,414 105,847 1,9G7 373,394 32G,G25
Retained earnings, bcginning of period 2,077,873 74,281 2,649 115,070 (430,037) 1,839,83G
Less: Stockholdcr distrib��tions
Monthly distributions
Real Estatc distributions
Insurancc
Restructure debt
Incomc fares
Othcr
Retained earnings, end of period
(275,000) (27�,000)
(G9,856) (58,274) (12�,130)
(90,869) (90,8(9)
(211,032) (211.032)
(103,500) (103,500)
(13,091) (13,091)
(7G3,347) (58,274) (821,621)
S 1,023,485 $ 150,335 S 5,640 $ - $ 114,211 $ 105,847 S 1,9G7 $ (56,G43) S 1,344,840
-IS- �
O'Connor & Taylor, Inc. and Combined Companics
Contracts in Progress And Completed Contrncts
As of December 31, 2001
Marina Gardens - Silc Work
Marina Gardcns - Townhouses
Jupiter Ocean Grande
J.C. Raulston Arboretum (NC)
Hilton 1lend Medicel Cenlcr (SC)
W. Millbrook Middle School (NC)
Golf Digest (Mirasol)
ACLF Conncctor
American Orchid Soc - Watcrf�ll
Ocenn Grand Condo 1[
Reedy Creek Middle Scl�ool (NC)
Rcedy Crcek Playground (NC)
Indigo Run Fcnce (SC)
River Club �a Cnllawassic (SC)
Edgervater I (SC)
Clocktower Center
Perna Residence
Marina Gardcns Unit Exlras
Mirosai Fire Station
Viking Yacht
Lost Tree [3cach Club
Globai Crossing
Mirosol Cart B�rn
Mirosol Academy
Mirosol Gatc Ilousc [1
Esp�nade n Mirosol
Temple Torah
Rivenvalk
Coniracts in Progress
Storics Creek Elementnry (NC)
Hetena Elementary Schoot (NC)
First Pres Church (NC)
E3rice Residence (NC)
Jupiter Yacht Club Foundations
Unallocatcd cosls
Closed Projccts
Completed Contracts
For Utc period
Contract totals From inception to December 31, 2001 At Decembcr 31, 2001 cndcd Uccembcr 31, 2001
Cost eod Biiliog in
Estimated estimeted excess of
gross Gross Estimated earnings cost and (:ross
profit Revenues Cost of profit Billed cost to in excess cstim�tcd Rcvenues Cost of profit
Revenucs (loss) earned revenues (loss) to date compiete of billings e�rnin�s earneJ rcvenues (loss)
S 3,286,877 $ 193,928 $ 3,240,383 S 3,049,198 $ 191,185 S 3,258,943 $ 43,751 $ - $ 18,SG0 S 1,188,G1G $ 1,119,956 $ G8,660
11,817,508 875,796 10,500,091 9,721,929 778,162 10,919,703 1,219,783 - 419,G12 . 5,706,757 4,910,217 ?96,540
IS,S98,572 998,355 17,605,075 IG,660,050 945,025 17,462,361 940,167 142,714 - 9,234,445 8,845,809 388,636
2,727,19b 274,239' 2,130,449 1,916,217 214,232 2,188,240 536,739 - 57,791 1,950,737 1,758.119 192,618
1,344,521 54,359 1,318,365 1,265,063 53,302 1,344,521 25,099 - 2G,157 358,3(4 438,969 (80,605)
l64,327 106,086 652,947 548,679 104,268 652,879 9,563 67 - 89,S8G 74,450 13,436
1,04G,239 84,G22 990,651 910,524 80,126 991,899 51,092 - 1,248 9CI,GG7 8R3,G87 *�,� 77,979
371,572 47,729 366,851 319,728 47,123 371,457 4,115 - 4,GOG 98,719 7C,C75 �'^.22,045
298,2G2 (3,3A1) 296,109 299,426 (3,317) 298,262 2,177 - 2,153 Z71,Ztt 277,2(S (C,OS4)
1G,354,359 1,145,935 9,799,953 9,113,279 68G,674 10,359,G19 6,095,144 - 559,GGG 9,799,953 9,113,279 GRG,674
1G,243,545 723,502 8,079,308 7,719,448 359,860 8,140,224 7,800,595 - G0,91G 8,079,308 7,719,448 359,860
13,882 712 7,372 6,994 378 13,882 6,176 - G,510 7,3'12 4,994 378
84,473 21,676 84,133 62,544 21,589 84,473 253 - 341 84,133 G2,S44 21,589
2,000,000 140,138 184,579 171,646 12,933 162,936 1,688,21G 21,643 - 184,579 171,646 ]2,933
6,981,108 576,422 2,343,100 2,149,633 193,467 2,130,684 4,255,053 212,416 - 2,343,I00 2,149,G33 193,467
9GS,G05 125,000 171,580 149,368 22,211 302,392 691,236 - 130,812 171,580 149,36A 22,211
444,A5G - 159,957 159,957 - 113,322 284,899 46,635 . 159,957' 159,957 -
228,285 28,543 t52,315 133,270 19,044 180,487 66,472 - 28,173 ]52,315; 133,270 19,044
1,211,143 94,882 1,164,612 1,073,376 91,237 1,153,592 42,885 11,020 - 1,1C,4,(12 1,073,37G 91,237
2,351,134 184,190 1,458,077 1,343,850 114,227 1,809,267 823,094 - 351,190 1,458,077 1,343,850 114,227
287,0G5 28,G99 286,629 257,973 28,656 287,065 392 - 435 28G,G29 257,973 28,656
1,128,384 195,835 1,024,298 846,527 177,771 1,113,757 86,022 - 89,459 1,024,298 84C,,S27 l77,771
784,G04 61,467 716,195 660,088 56,107 730,409 63,049 - I4,ZI4 71G,t95 lG0,088 56,107
GG9,783 52,471 549,391 506,351 43,040 641,210 110,960 - 91,819 549,391 SOC,351 43,040
1_52,690 11,962 128,887 118,790 10,097 141,323 21,938 , - 12,436 128,887 118,790 10,097
2,OS1,414 1G0,710 2,731 2,517 Z14 1,888,187 2,731 - 2,731 2,517 214
1,157,819 105,705 1,001 909 91 60,023 1,051,205 - 59,022 I,001 909 91
959,37A 191,876 844,082 675,266 168,816 878,170 92,237 - 34,087 R44,082 G75,26G 1G8,816
94,224,G02 G,481,498 64,259,121 59,842,603 4,41G,SI8 65,791,099 27,900,501 437,228 1,9G9,207 47,OI8,C,03 43,538,93G 3,479,667
6,G99,7G0 d03,137 6,699,760 6,296,623 403,137 6,699,760 - - - 3,4$0 Cr(,2G7 (62,787)
G,783,591 333,345 6,783,59] 6,450,246 333,345 6,783,591 - - - 14,8fiS 129,579 (1�4,714)
55,592 25,059 55,592 30,533 25,059 55,592 - - - SS,S92 30,533 25,OS9
30,2G9 6,942 30,269 23,327 6,942 30,Z69 - - - 30,2G9 23,327 6,942
144,491 35,779 144,491 108,712 35,779 144,491 - - - 144,491 108,7t2 35,779
(54,538) 54,538 - (S4,S3R) SJ,538
12,894 163,Z80 (150,386) 12,894 12,894 IG3,280 (i50,386)
I3,713,703 804,262 13,726,597 13,018,183 708,414 13,72G,597 - 2G1,591 467,1G0 (205,569)
S 107,938,305 $ 7,285,759 $ 77,985,718 S 72.860,786 S 5,124,932 $ 79,517,697 $ 27,900,501 $ 437,228 $ 1,9G9,207 $ 47,280,194 $ 44,OUG,09G $ 3ti274,098
-16-
POWER OF ATTORNEY
LTNITED STATES FIRE INSURANCE COMPANY -% `
PRINCIPAL OFFICE, NEW YORK, N.Y. �
167643
KNOW ALL MEN BY THESE PRESENTS: That the LTrTITED STATES FIRE INSURANCE COMPANY a Corporation duly
organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, New
Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint James W. Duna, David H.
Carr, Linda J. Meyer, James H. Hurst, Earbara N. Clindaniel, Kimberly A. Tavernier, and Anett Cardinale, of Tampa,
Florida, each . - .
its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and
stead, to execute, seal, aclrnowledge and deliver: Any and all bonds and undertaldngs___________________:______________________
---
and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and
aclmowledged by the regularly elected officers of the Corporation at its offices in Morris Township, New Jersey, in their
own proper persons.
This Power of Attomey limits the act of those named therein to the bonds and undertakings specifically named therein,
and they have no authority to bind the Company except in the manner and to the extent therein stated.
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WF-IERE�F the United States Fire Insurance Company has caused these presents to be signed and attested
by its appropriate officers and its corporate seal hereunto affixed this 3`� day of June, 2002.
�� •
�F:Y YOP�`„�a
�`�t/ C(J �`��oU�
Assistant Secretary
David Pesce
OF NEW 7ERSEI�
ss.:
COUNTY OF MORRIS )
LTNI S SURANCE COMPANY
,!
enior Vice sident
Peter 7. Daly
On this 3`� day of June, 2002, before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the
above-mentioned Vice President and Assistant Secretasy of United States Fire Insurance Company, to me personally
lrnown to be the officers described in, and who executed the preceding instrument, and they acknowledged the execution
of the same, and being by me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that
the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Coiporate Seal and their
signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Company.
IN TESTIlVIONY WHEREOF, I have hereunto set my hand and affixed my seal at the Township of Moms, the day and
year first above written.
``�����111 t I I ! ! {!1/� j���
``��� �N� A. S�N -9 ���.
(Signed) \� �Q` .. .... C' �
(Seal) v�'���ARl-� �'
� �— • c�
� �ir ; "_�" � .0
% .,p : �
� ••' UB i..��_� `\�:
'`����`� ..; ER`''`��•��:
�����i�tti � nt;tti;����i-
, .
Notary Public
Catherine A Sincavage
Notary Public of New Jersey
My Commission F.gpires July I2, 2004
This Power of Attomey is granted pursuant to Article N
COMPANY as now in full force and effect.
�' _ _ ' • i
!
�
of the By-Laws of the IJNITED STATES FIRE INSURANCF
ARTICLE IV Ezecution of Instruments. "The Chairman of the Board, Vice-Chauman of the Board, President, or an}
Vice-President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or
an Assistant Secretary, shall have power on behalf of the Corporation:
(a) to execute, affix the corporate seal manually or by facsimile to, aclrnowledge, verify and deliver any contracts,
obligations, instruments and documents whatsoever in connection with its business including, without limiting the
foregoing, any bonds, guarantees, undertalangs, recognizances, powers of attorney or revocations of any powers of
attomey, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements;
(b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding
paragraph (a), including affixing the seal of the Corporation."
This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By-Laws of the
UIVITED STATES FIRE INSURANCE COMPANY as now in full force and effect.
A,RTICLE III Section 9 Facsimile Signatures. "The signature of any officer authorized by the Corporation to sign any
bonds, guarantees, undertakings, recognizances, stipularions, powers of attorney or revocations of any powers of attomey
and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced :..
The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who
shall have been such officer or o�cers of the Corporation, notwithstanding the fact that he may have ceased to be such at
the time when such instruments shall be issued."
CERTIFICATE
State of New Jersey
County of Morris
I, the undersigned, Assistant Secretary of LJI�TITED STATES FIItE INSUR_".'�TCE COMPANY, DO HEREBY CERTIFY
that the foregoing POWER OF ATTORNEY remains in full force and eff:ect and has not been revoked and furthermore
that the above quoted abstracts of Article N and Article III, Section 9 of the By-Laws of the Corporation are now in full
force and effect.
In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of ttie said Company, this
12TH day of SEPTEMBER � 2002 " �
�:
Y�'••' ' � � ._ ' . .. .
;
;
, ^
By �� '
Assistant Secretary
David Pesce
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 181, 2002
EXHIBIT C
CONTRACT FOR CONSTRUCTION OF FIRE/POLICE STATION NO. 5
1997 Edition -Electronic Format
AIA Document A101-1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENTmadeasofthe dayof intheyearof
(In words, mdicate day, month and year)
BETWEEN theOwner;
(Name, address and otherinformationJ
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens. FL 33410
and the Contractor:
(Name, addressand otherinformation)
O'Connor & Taylor. Inc.
3892 Pros�ect Avenue. Suite 7
West Palm Beach. FL 33404
The Projeci is:
(Name and location)
Palm Beach Gardens Fire/Police Station #5
3913 Hood Road
Palm Beach Gardens. FL 33410
The Architect is:
(Name, address and otherinfomiation)
Gee & Jenson E-A-P. Inc.
One Harvard Circle
West Palm Beach. FL 33409
The Owner and Contracior agree as follows.
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications
issued after execution of this Agreement; these form the Contract, and are as fully a part of the
Contract as if attached to this Agreement or repeated herein. The Contract represents ihe
entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract
Documents, other than Modifications, appears in Article 8.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others.
O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, O 1997 y T e Amencan Institute o
Architects. Reproduction of The material herein or substantial quotation of its provisions without written
permission of the AIA violates the copyright laws of the UniTed States and will subject the violator to legal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the
violator to legal prosecution. This document was electronically produced with permission of the AIA and
can be reproduced in accordance with your license without violation until the date of expiration as noted
below. expiration as noted below. User pocument: pbg #5 a101.aia -- 1018l2002. AIA License Number
1007569, which expires on 10/31/2002.
THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES. CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
MODIFICAT/ON. AUTHENT/CATION OF
THIS ELECTRONICALLY DRAFTED A/A
DOCUMENT MAY BE MADE BY US/NG AIA
DOCUMENT D401.
AIA Document A201-1947, General
Conditions of the Contract for
Consiruction, is adopted in this document
by reference. Do not use with other
general conditions unless this document is
modified.
This document has been approved and
endorsed by The Associated Genera/
Contractors of America.
l��'�fr
�
m1997 AIA�
AIA DOCUMENT A101-1997
OWNER-CONTRACTOR AGREEMENT
The American Institute of Architects
1735 New York Avenue, N.W.
Washingion, D.C. 20006-5292
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencemeni of the Work shall be the date of this Agreement unless a
different date is stated below or provision is made for the date to be fixed in a notice to proceed
issued by the Owner.
(Insert the date of commencement ifit dif�ers From the date ofthis Agreement or, rfapplicable, state that the date will
be 6xed in a notice to proceed. J
The date of issuance of Notice to Proceed to Three Hundred Thirty (330) calendar
days for final completion.
If, prior to the commencement of the Work, the Owner requires time to file mortgages,
mechanic's liens and other security interests, ihe Owner's time requirement shall be as follows:
3.2 The Contract Time shall be measured from the date of commencement.
THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES. CONSULTAT/ONWITH
AN ATTORNEY /S ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
MODIFICATION. AUTHENTICATION OF
THIS ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than AIA Document AZOi-1997, General
days from the date of commencement, e�as-fe�e� conditions of the Contract for
{�iserl�url�I3er�f�a/et�far�ays ^���-�ra��-afalel�ar•-�ate�xay-ge-rrse�iv/3eA-Eeera4'trateel-w�f{i-�lie-�ate�f- Construction, is adopted in this document
""'� "�n'=mr�ess�''°°..z�,;�n�'"'"" :_,-�" ''"��'""",_""�..=-�s"..' ;�sert�nY�e�enis�er-ea�rer'�tr�l by reference. Do not use with other
general conditions unless this document is
modified.
, subject to adjustments of this Contract Time as provided in the Contract Documents. This document has been approved and
(Insen provisions, if any, for Gqwdated datnages relating to fai/ure to complete on time or for bonus payments for endorsed by The Associated General
earlycomp/etion ofthe Work.) Contractors of America.
Liquidated Damaqes in accordance with Supplementary Conditions, Paqe SGC-
6 "Liquidated Damaqes", Section 9.11.1.
ARTICLE 4 CONTRACT SUM
4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the
Contractor's performance of the Contract. The Contract Sum shall be One Million Five
Hundred Twenty Nine Thousand Dollars ($ 1.529.000 ), subject to additions and
deductions as provided in the Contract Documents.
4.2 �ke����-is�iase���e�g �'�T�€��i-a�e��a-
,. ,�,,, r�,,...,..,,-. r�,.,-,,,.,,,�... ....a .. ,, t,,...,,i.,,,.,.,-e,..,,a t..,.H„ n..,..,,.-.
�
4.3 llnit prices, if any, are as follows: In accordance with "Unit Price Bid Proposal
Form" - Exhibit "A" +�
� ,�
#. .�
�f�ti��
ARTICLE 5 PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor
and Ceriificates for Payment issued by the Architect, the Owner shall make progress payments
on account of the Contract Sum to the Contractor as provided below and elsewhere in the
Contract Documents.
O 1915, 1918, 1925, 937, 1951, 1958, 961, 1963, 1967, 1 74, 1977, 1987, O 1997 y T e Amencan InsTitute o
Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AIA violates the copyright laws of the United States and will subject the violator to legal
prosecution. WARNING: Unlicensed phoTocopying violates US copyright laws and will subject the
violator to legal prosecution. This document was electronically produced with permission of the AIA and
can be reproduced in accordance with your license without violation until the date of expiration as noted
below. expiration as noted below. User pocument: pbg #5 a101.aia -- 10/8/2002. AIA License Number
1007569, which expires on 10{31l2002.
�1997 AIA�
AIA DOCUMENT A101-1997
OWNER-CONTRACTOR AGREEMENT
The American InstituTe of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
5.1.2 The period covered by each Application for Payment shall be one calendar month
ending on the last day of the month, or as follows:
The Contractor shall submit payment in accordance with "General Conditions",
Page 28, Section 9.6 and Supplementary Conditions, Paqe SGC-5 "Proqress
Payment", Section 9.6
5.1.3 ��aE-a��l�ie�-fe�-ga�er�-�s-�eeei�e�-b��ke ^ _�-��-�et-�a�e��-
THIS DOCUMENT HAS IMPORTANT LEGAL
• CONSEQUENCES. CONSULTATION WITH
�e� -a�eve; -�aj�e�� � �e -�a�e -l� -4�ie � � �ake� � _ �s -a�#e� �e e -�� ��'�' ^.� _ AN AT TORNEY IS ENCOURAGED WI TH
° ;n: .^^�;^^';^" F ° n^.,'^^^' RESPfCT TOITSCOMPLETIONOR
..,.,.....,� i .
MODIFICATION. AUTHENT/CAT/ON OF
5.1.4 Each Application for Payment shall be based on the most recent schedule of values THIS ELECTRONICALLY DRAFTED AIA
submitted by the Contractor in accordance with the Contract Documents. The schedule of DOCUMENT MAY BE MADE BY USING A/A
values shall allocate the entire Contract Sum among the various portions of the Work. The DOCUMENT D401.
schedule of values shall be prepared in such form and supported by such data to substantiate its �A Document AZ01-1997, �eneral
accuracy as the Architeci may require. This schedule, unless objected to by the Architect, shall Conditions of the Contract for
be used as a basis for reviewing the Contractor's Applications for Payment. Construction, is adopted in this document
by reference. Do not use with other
5.1.5 Applications for Payment shall indicate the percentage of completion of each portion general conditions unless this document is
of the Work as of the end of the period covered by the Application for Payment. modified.
5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress This document has been approved and
payment shall be computed as follows: endorsed by The Associated General
Contractors of America.
1 Take thai poriion of ihe Coniract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by
the share of the Contract Sum allocated to that portion of the Work in the schedule of
values, less retainage of percent (%). Pending final determination of cost to the
Owner of changes in the Work, amounts not in dispute shall be included as provided
in Subparagraph 7.3.8 of AIA Document AZOi-i997•
2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage of ten percent ( 10%);
3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract amounts, if any, for which the Architect has withheld or nullified
Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2oi-i997-
O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 196 , 1974, 197 , 1987, O 1997 y T e American Instituie o
Architects. Reproduction of the material herein or substantial quotation of its provisions withouT written
permission of the AIA violates the copyright laws of the United STa�es and will subject the violator to legal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the
violator to legal prosecution. This document was electronically produced with permission of the AIA and
can be reproduced in accordance with your license without violation until The date of expiration as noted
below. expiration as noted below. User pocument: pbg #5 a101.aia -- 10/8/2002. AIA License Number
1007569, which expires on 10/31/2002.
�
� �
�, ,'.
s'+�� �
�1997 AIA�
AIA DOCUMENT A101-1997
OWNER-CONTRACTOR AGREEMENT
The American InstiTute of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
5.1.7 The progress payment amount deiermined in accordance wiih Subparagraph 5.i.6
shall be furiher modified under the following circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to the full amount of the Contract Sum, less such amounts as the Architect
shall determine for incomplete Work, retainage applicable to such work and unsettled
claims; and
��A�B.-s-ef�4�A�a� -��e��,,....i:..,.r.,.. _ �ief-
�es ���ir g=-�
!`........I..�:......Cl�i ..l ...:�l. ,- ..F,....,,�.. :F,,.,., l- -
vv..�i..-�..v�. v. ..v
.2 Add, if Final completion of the Work is thereafter materially delayed through no fault TH15 DOCUMENT HAS IMPORTANT LEGAL
of the Contractor, any additional amounts payable in accordance with Subparagraph CONSEQUENCES. CONSULTATION W/TH
9.io.3 of AIA Document A2oi-i997. AN ATTORNEY /S ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
MODIFICATION. AUTHENTICATION OF
5.1.8 Reduction or limitation of retainage, if any, shall be as follows: None THIS ELECTRONICALCY DRAFTED A/A
f���'���� N�i '�''��'-� "�_�"'�'= '" "'-���i�t '-�" '��__�=�=�a==='''� �3- DOCUMENT MAY BE MADE BY USING A/A
fhe�e�e�eges-t,�sexte��-�faases�-6.3-a��s-a�e"e�-�hrs-ts�et�jslrrtxe� "'"����r.�e-rx-t/ie °'�'�`��`-DOCUMENTD401.
,,,.�.....,...,,. ., r.,,_.. .. ,. F .. ,,.r. _,.a..�,;,.., ,._ i :...:....:.... �
.� ............ . ..�., � ..... ��:
5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance
payments to suppliers for materials or equipment which have not been delivered and stored at
the site.
AIA Document A201-1997, General
Conditions of the Contract for
Construction, is adopted in this document
by reference. Do not use with other
general conditions unless this document is
modified.
5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be This document has been approved and
made by the Owner to the Contractor when: endorsed by The Associated General
Contractors of America.
1 the Contractor has fully performed the Contract except for the Contractor's
responsibility to correci Work as provided in Subparagraph i2.2.2 of AIA Document
AZOi-i997, and to satisfy other requirements, if any, which extend beyond final
payment; and
.2 a Final Ceriificate for Payment has been issued by the Architect.
5.2.2 The Owner's final payment to the Contractor shall be made no later than 3o days after
the issuance of the Architect's final Certificate for Payment, or as follows:
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 The Contract may be terminated by the Owner or the Contractor as provided in
Article i4 of AIA Document A2oi-i997•
6.2 The Work may be suspended by the Owner as provided in Article i4 of AIA Document
A2oi-i997•
ARTICLE 7 MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of AIA Document AZOi-i997
or another Contraci Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
; ;�.��: �� r
� �-,; ,-�..
7.� � -d�-2� �k33�2i � �-�i�cc a„�,,..s �i6� � �i�2 -�1997 AIA�
� �� � �� �� AIA DOCUMENT A101-1997
��3s�e�-#�e-�ake�a�e��ele�;�-i��ke-a�ser�e�es�-a#-i�ie�ega�-�a#e-�`a�i�g- OWNER-CONTRACTOR AGREEMENT
F ..... .:..... ... .: . i
zia��� «���� �o c�Tite &� � e�3xuce �v efe�C��'eTeef � eEabe .
"^^"'' "`:"'�"°, °°a..��-'� ;`°.,° ` The American Institute of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
�O 1915, 1918, 1925, 1937, 1951, 195 , 196 , 1963, 967, 1974, 1977, 1987, �O 1997 y T e American Institute o
ArchiTects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AIA violates the copyright laws of the United States and will subject the violator to legal
prosecution. WARNING: Unlicensed photocopying violaTes US copyright laws and wili subjecT the
violator to legal prosecution. This document was electronically produced with permission of the AIA and
can be reproduced in accordance with your license without violation until the date of expiraTion as noted
below. expiration as noted below. User pocument: pbg #5 a101.aia -- 10/8/2002. AIA License Number
1007569, which expires on 10/31/2002.
7.3 The Owner's representative is:
(Name, address and otherinfonnatronJ
Mr. Scott Fetterman
10500 N. Military Trail
Palm Beach Gardens. FL 33410
7.4 The Contractor's representative is:
(Name, address and otherinformation)
Mr. Joe Taylor
3892 Prospect Avenue. Suite 7
West Palm Beach. FL 33404
THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES. CONSULTATIONWITH
AN ATTORNEY IS ENCOURAGED W/TH
RESPECT TO ITS COMPLETION OR
MODIFICATION. AUTHENTICATION OF
THIS ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
AIA Document A201-1997, General
7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten �onditions of the Contract for
days written notice to the other party. Construction, is adopted in this document
by reference. Do not use with other
7.6 Other provisions: general conditions unless this document is
None modified.
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
8.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
8.1.1 The Agreement is this executed i997 edition of the Siandard Form of Agreement
Between Owner and Contractor, AIA Document Aioi-i997•
8.1.2 The General Conditions are the i997 edition of the General Conditions of the
Contract for Construction, AIA Document AZO�-i997. See Attached Exhibit "B° (Total of 40
Pa es
8.1.3 The Supplementary and other Conditions of ihe Contract are those contained in the
Project Manual dated July 19. 2002 , and are as follows: See Attached Exhibit "C"
Document Title Pages
(SCG Supplementary Conditions to the General Contract 11
8.1.4 The Specifications are those contained in the Project Manual dated as in
Subparagraph 8.i.3, and are as follows:
(Eitherlrst the Specifications here orrefer to an e�iibit attached to this Agreement.)
Section
Title
Pages
Refer to Exhibit "D" dated July 19. 2002. Table of Contents. Palm Beach Gardens
Fire/Police Station No.5
�O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 987, O 1997 y T e Amencan Institute o
Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AIA violates the copyright laws of the United States and will subject the violator to legal
prosecution. WARNING: Uniicensed photocopying violates US copyright laws and will subject the
violator to legal prosecution. This document was electronically produced with permission of the AIA and
can be reproduced in accordance with your license without violation until the date of expiration as noted
below. expiration as noted below. User pocumenT: pbg #5 a101.aia -- 10/8/2002. AIA License Number
1007569, which expires on 10/31/2002.
This document has been approved and
endorsed by The Associated General
Contractors of America.
'• '��.�, •
���:�,
01997 AIA�
AIA DOCUMENT A101-1997
OWNER-CONTRACTOR AGREEMENT
The American Institute of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
8.1.5 The Drawings are as follows, and are dated unless a different date is shown below:
�z�:,i..._ G,., .i.., n_,,...:.,,.,. 7.,,.,, .._ _,.� ..... ,,.. ,,, l.;l.:. ,.a.,...A...� ... .6;,. n ................� L
�a.ic.i... u�� c
Number
Title
Date
Refer to Exhibit "E" See Attached Index of Drawinc�s Mav 11. 2001
8.1.6 The Addenda, if any, are as follows: Refer to Exhibit "F" (See Attached Addendum
No.1
Number
Date
Pages
1 8/19/02 5
2 10/04/02 3
3 10/04/02 1
4 9/06/02 12
Poriions of Addenda relating to bidding requirements are not part of the Contract Documents
unless the bidding requirements are also enumerated in this Article 8.
8.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
7�1 �'�rc-�c_,.-mrl ,,.��av��roi,m��BEiif}1EI3�tS'-riui "-arc�mcrmca...r...r... F'.. ..F,l.,.i-,...._,,,., n..,........,.,.,. nrn n .............. n..,..
This Agreement is entered into as of the day and year first written above and is executed in
atleast three original copies, of which one is to be delivered to the Contractor, one to the
Architect for use in the administration of the Contract, and the remainder to the Owner.
OwN E R (Signature)
City of Palm Beach Gardens
Ron Ferris - City Manager
(Pnnted name and title)
CONT�A�CTO
(Printed name and title)
O 1915, 1918, 1925, 193 , 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, O 1997 y T e American Institute o
Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AIA violates the copyright laws of the Unifed States and will subject the violator to legal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the
violator to legal prosecution. This document was electronically produced with permission of the AIA and
can be reproduced in accordance with your license without violation until the date of expiration as noted
below. expiration as noted below. User pocument: pbg #5 a101.aia -- 10/8/2002. AIA License Number
1007569, which expires on 10/31/2002.
THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES. CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED W/TH
RESPECT TO ITS COMPLETION OR
MODIFICATION. AUTHENTICAT/ON OF
THIS ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
AIA Document A201-1997, General
Conditions of the Contract for
Construction, is adopted in this document
by reference. Do not use with other
general conditions unless this document is
modified.
This document has been approved and
endorsed by The Associated General
Contractors of America.
��
� ,
�� ��
-'��,•+'#y ,�
01997 AIA�
AIA DOCUMENT A101-1997
OWNER-CONTRACTOR AGREEMENT
The American InstituTe of Architecis
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
�-' i'� EXHIBIT "A"
UNIT PRICE
BID PROPOSAL FOR�I�I �
FOR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMENTS & UTILITIES
3913 FLAI�IRvGO ROAD
PALht BEACH GARDE�IS. FLORIDA
tiote: This portion of tha Contract is a Unit Price Bid. All bid prices shali include tht cost of furnishini all labor, supervisioq
equipment, fuel, truuportation, took, rr�terial, supplies, testing, and services necessary for complete uuLzllation ptr the Plans and
�pecifiica[ions and as noted in the Pay Item Footnotes. Said paymen[ shall constitute full and complete compensation for all n•ork
re �ired for the bid item, as well as is noted in thz Pa Item Foocnot�s which are indudcd within the Cocrtraet Documents.
ItemNumber Dtscription Uniu Quantity UnitPrice Amount
CiENERAL ITF��SS
101-01 Mobilizztion Lump Sum 1 L$ 59,000.00
101-20 SurveyCrew Lump S�un 1 LS Sb,800.00
101-30 Projea Records - Drawing Survey and
Record Drawing Lump Sum 1 IS 51,200.00
102-01 Ivtincenance of Traffic Lump Siun 1 IS S1,500.00
SIT'E PREPARATION IT'EMS
104-99 Erosion Con�rol Lump Sum 1 L$ 51,710.00
i 11Q01 Clea�-ing and Grubbing Lump Sum 1 IS 51,200.00
Regular Excavauon
Borrow b�facerial
3�
12" Scabiliz.td Sube
ort
° or
331J2-10 1" T}pe 5-1
331-72-i� 1S" TY� S.
331-72-20 2" Type S-1
42i-01-52 Type "C" Inle� w/Grate
42�-01-5-� Type "D" Inlet w/Grue
425-01-90 Type "D" Inlet w/Grue & Apron Flume
4?i-01-93 Recorutrua E�cisZing Inle� As Type 5 Inlec
425-02 Conscrua S�orm Manhole w/Frame &
Cover
425-02-99 Reconscrua Exis�ing Scorm Sewer
425-10 Yard Drain lnlet w/Grate
430-11-323 Concrete PiPe Culvert -1�" RCP
430.11-32; Concrete Pipe Culvert -18" RCP
�� 430-11-329 Concrete Pipe Culvert - 24" RCP
430-96-16 6" PVC - Roof Drain lines
434-171-21 12" H.D_I':E.
['�'. CC�NCRETE ITEMS
�?0-01-10 Type "F" Curb Lc Guaer
524�OZ-C-� Type "D" Curb
>2aC3 Valley Guaer
Ltif1'PR1CF R[DPROPOSAI.FOR.�i
�
Q
Q
Q
0
0
Q
Q
�
l'er u rut
Per Uni�
Per Unit
Per Unit
Per Unit
2,114 ;
922 ;
922 ;
2,11-} ;
922
410
1,704
410
71? ;
4 $]
0�
��
0�
.25
10
510,865.96
51�58.18
57,0-�-�.08
520,146.42
55,�39.80
52,i01.00
511,416.80
5?>419.00
531,693.74
51,400.0(
5600.00
5600.00
L[n Fc 457 516.26 57,430.82
Lin F� 275 $19.45 5���7.00
Lin Fc 41 $36.00 S1,476.00
Lin Ft 511 56.20 53,168.20
Lin Fc 40 $12.00 �80.00
Lin Ft 27^v $19.50 S�,265.00
Lin Ft 1,2�10 $8.50 510,540.Q0
Lin Fc ZCO $14.50 52,900.00
BP•1 P�DO-ttTiSp?cS�a�OCas�Rxvu.M&dP�c{.r,salFa�m-C8-2702-IrcLees�V6!rC.tlltgnsx:s 4G62CO2 1205P11
�
� _+ � �
� - --
,r
% UNIT PRICE
BID PROPOSAL FORM
FOR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMENTS �& UTILITIES
3913 FLAh1ING0 ROAD
PALM BEACH GARDENS. FLORIDA
te: This portion of the Contract u a Unit Price Bid. All bid prices shall include the cost of furnishing all labor, supervision,
iipment, fuel, transportation, tools, material, supplies, testing, and services necessary for complete installation per the PLuu and
:cifications and as noted in the Pay Item Footnotes. Said payment shall constitute full and complete compensation for all work
uired for the bid item, as well as is noted in the Pa Item Footnotes which are included within the Con� ad Documents.
tem Number Descri tion Units Un� Price Amount
522-01 4" PC Concrece Sidewalk Sq. Fc 2,860 $2.45 S7,007.00
522-998 Conaete Wheel Scops Per Unic 32 $18.50 3592.00
522-999 Concrete Pad (For Generator and Fuel
Tank) PerUnit 1 $1,344.40 $1,344.00
522-999-1 Concrece Pad (For Imgation Well Pump) Per Unit 1 $300.00 3300.00
522-99-999 Concrece Bollazds (Type "B") Per Unit 19 $200.00 53,800.00
sNAGE & PAVEMEN'I' MARKING TTEMS
70Q40-Ol Traffic Control Signs (I�emized below) Lump Sum 1$2,530.00 52,530.00
711-35-01 Bamer Free Symbol Pavement Marking PerUnic 2 $200.00 5400.00
711-3�0-41 Pavement Striping (Parking Sca1Ls) Lin Fc 630 $0.28 $176.40
7t t_ititAl CnG�T.�FF�rCr.;.,A (tf2^ alll,;.01
711-35-241
711-35-995
Thermoplastic - Cross walk stripping with
Border
�
e
U-07 4" I�I�v/M - F�re Line
U-08 6" DIWM
U-09 1" Copper Water Line w/Ho:
Vacuum Breaker (For Dump:
U-10 2" PE SDR 9- Wazer Service
U-11 2" Metu & RPZ Backflow Pc
U-12 Watermain Jumper Assembly
UNII' PRICE BID PROPOSAL FORM
-4
-6
Per Unit 2 $250.00 5500.00
Lin Fc 36 $22.37 580532
PerUnit 2 $200.00 5400.00
Lump Siun 1 $3,230.00 53,230.00
Per Unit 1 $200_00 $200.00
lo
nt i i
� Ft 100 $20,00 52,OQ0.00
iFs 310 $INC $INC
rUnit 1 $ L�1C $ INC
unp Sum 1 $1,225.00 51,225.00
BP•2 P.100-117315pet5-&CDocSRevaepBdPreposalFOrm-08�27-02-IncLts�0eM.11�tMtSSLS 4U6/1W2 1296PM
�
� �_ �.
�
LJNIT PRICE � � %
BID PROPOSAL FORM � �
FOR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMENTS & UTILTTIES
3913 FLAMINGO ROAD
PALhf BEACH GARDENS. FLOR[DA
LfVtiPRICEBIDPROPOS?.LFORIvI BP-3 P.V10-i177�Sppts-BitlDaslReai5e0&aProppsalFOim-06�27-02-Ir,ch.Cesi.Ylend.ttlpynszls 3U6f10p2 12tI6PM
� �
%
i �,
f
UNIT PRICE
BID PROPOSAL FORM
FOR
PALM BEACH GARDENS
� FIRE STATION #5
SITE IMPROVEMENTS & UTILITIES
3913 FLAMMGO ROAD
PALM BEACH GARDENS. FLORIDA
SUBTOTALUNTf PRICE BASE BID $324,640.62
ADDENDUM ITEMS
ADDENDUM AMOUNT
1vLJMBER
1 $
2 $
3 $
4 _ �
$
SUBTOTAL ADDENDUM IT'EMS
TOTAL BID FOR SITE & UTILITY WORK (SUBTOTAL UNTI' PRICE BASE BID +
SUBTOTAL ADDENDUM ITEMS)
Three Hundred Twenty Four Thousand Six Hundred Forty Dollars and Sixty Two Cents
'I'otat Amount of Bid in �Ylords
O'Connor & Tayior, Inc.
Submitted by: (Name of Bidding Firm)
Submitted by:
Title President
Agent for Bidding Firm - Print T )
� ��I v � "�i'
Agent for Bidding Firm)
Included Above
Included Above
Included Above
Included Above
$ 0.00
$324,640.62
[JNiT PRICE BIP PRO['OSAL FORM BP-a a.�oo+iresPoCS-aa oouwe�ea �a a� Fa�,-ae-a�oz -ircwa� aiaem. n u�ns:�s sasroo2 itos Pn�
�
'� � XHIBIT "B"
;
� % .
Genera! Conditions of the Contract for Construction
AIA Document A201 -1997
1997 Edition - Electronic Format
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENi'(CATION
OF THIS ELEC7'RON►CALLY DRAE'['ED AIA DOCUbfENT MAY BE MADE BY USING AIA DOCUhtEIVT Dd01.
This document has been approved and endorsed by The Associated General Contractors of America.
Copyright 19t 1, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, �1997 by The America� [nstitute of Architects. Fifteenth.Edition.
Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States
and will subject the violator to legal prosecution.
TABLE OF ARTICLES
1. GENERAL PROVISIONS
2. OWNER
3. CONTRACTOR
4. ADMINISTRATION OF THE CONTRACT
S `Ul3CONTRACTORS
6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
7. CHANGES IN THE WORK
8. TIME
9. PAYMENTS AND COMPLETION
10. PROTECTION OF PERSONS AND PROPERTY
11. INSURANCE AND BONDS
12. UNCOVERING AND CORRECTION OF WORK
13. MISCELLANEOUS PROVISIONS
14. TERMINATION OR SUSPENSION OF THE CONTRACT
AIA DOCUMENT A201-GENERAL COND[T[ONS OE THE CONTRACT FOR CONS7'RUCTION - 1997 EDITION - AIA - COPYRIGH"C 1997 - THE
AMER[CAN lNSTITUTE OF ARCH[TECtS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Uniicensed photocopY��S
violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of thz AIA and can bc
reproduced without violation unti! the date of expiration as noted below.
Electronic Format A201-1997
User pocument: 97A201.CON -- 4/IS/2000. AIA License Number 109766, which expires on 8/6/2000 -- Page #1
t� (_
INDEX
Acceptance of Nonconforming Work
9.6.6, 9.9.3, 12.3
Acceptance of Work
9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 123
Access to Work
3.16, 6.2. I, L 2.1
Accident Prevention
4.23, ] 0
Acts and Omissions
3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 43.8, 4.4.1, 8.3.1, 9.5.1,
10.2.5, 13.4.2, 13.7, 14.1
Addenda
1.1.1, 3.11
Additiona] Costs, Claims for
43.4, 43.5, 4.3.6, 6.1.1, 103
Additional Inspections and Testing
9.8.3, 12.2.1, 13.5
Additional Time, Claims for
4.3.4, 4.3.7, 8.3.2
ADMINISTRATION OF 7HE CONTRACT
3.13, 4, 9.4, 9.5
Advertisement or Invitation to Bid
1.1.1
Aesthetic Effect
4.2.13, 4.5.1
Allowances ,
3.8
Atl-risk Insurance
]1.4.1.1
� �plications for Payment
4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10,
11.1.3, 14.2.4, 14.4.3
Approvals
2.4, 3.1.3, 3.5, 3.10.2, 3.12, 4.2.7, 9.3.2, 13.4.2, 13.5
Arbitration
4.33, 4.4, 4.5.1, 4.5.2, 4.6, 8.3.1, 9.7.1, 11.4.9, 11.4.10
Architect
4.1
Architect, Definition of
4.1.1
Architect, Extent of Authority
2.4, 3.12.7, 4.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.3.6, 7.4, 9.2,
9.3.1, 9.4, 9.5, 9.83, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.S.I,
13.5.2, 14.2.2, 14.2.4
Architcct, Limitations of Authority and Responsibility
2.1.1, 333, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2,
4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.4, 5.2.1, 7.4,
9.4.2, 9.6.4, 9.6.6
Architect's Additional Services and Expenses
2.4,11.4.1.1,12.2.1,13.5.2,13.5.3,14.2.4
Architect's Administration of the Contract
3.1.3, 4,2, 4.3.4, 4.4, 9.4, 9.5 -
Architect's Approvals
2.4,3.1.3,3.5.1,3.t0.2,4.2.7
Architect's Authority to Reject Work
3.5.1, 4.2.6, 12.1.2, 12.2.1
Architect's Copyright
1.6
Architect's Decisions
42.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5, 4.4.6,
4.5,63,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.4,9.9.1,
13.5.2, 14 �.2, 14.2.4
Architect's Inspections
4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1, 13.5
Architec['s Instructions
3.23, 3.3.1, 4.2.6, 4.2.7, 42.8, 7.4.1, 12.1, 13.52
Architect's Interpretations
4.2.11, 4.2.12, 4.3.6
Architect's Project Representative
4.2.10
Architect's Relationship with Contractor
1.1.2, 1.6, 3.13, 3.2.1, 3.2,2, 3.23, 33.1, 3.4.2, 3.5.1, 3.7.3,
3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.13, 4.2, 4.3.4, 4.4.1,
4.4.7, 5.2, 6.2.2, 7, 8.3.1, 9.2, 93, 9.4, 9.5, 9.7, 9.8, 9.9,
10.2.6, 10.3, 11.3, 11.4.7, 12, 13.4.2, 13.5
Architect's Relationship with Subcontractors
1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.4.7
Architect's Representations
9.4.2, 9.5.1, 9.10.1
Archi[ect's Site Visits
4.2.� "?.5, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13,5
Asbesto�
10.3.1
Attorneys' Fees
3.18.1, 9.10.2, 10.3.3
Award of Separate Contracts
6.1.1, 6.1.2
Award of Subcontracts and Other Contracts for Portions of the
Work
5.2
Basic Defini[ions
1.1
Bidding Requirements
1.1.1,1.1.7,5.2.1,11.5.1
Boiler and Machinery Insurance
11.4.2 '
Bonds, Lien
9.10.2
Bonds, Performance, and Payment
7.3.6.4, 9.6.7, 9.10.3, 1(.4.9, 11.5
Building Permit
3.7.1
Capitalization
1.3
Certificate of Substantial Completion _
A[A DOCUhtEN'C A201-GENERAL COND[TfONS OF THE CONi'RACT FOR CONSTRUCTION - 1997 ED[T[ON - AIA - COPYRIGHT 1997 - THE
AMER[CAN INST[TUI'E OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 2000Cr5292. WARNING: Unlicensed photocopy���
violates U.S. copyright laws and will subject thz violator to legal prosecution. This document was electronically produced with pertnission of the AIA and can tx
reproduced without violation until the date of expiration as noted betow.
Electronic Format A201-1997
User pocument: 97A201.CON -- 4/15/2000. AIA License Number 109766, which expires on 8/6/2000 -- Pa�e #2
:�: t
9.8.3, 9.8.4, 9.8.5 f�
Certificates for Payment
4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1,
9.10.3, 13.7, 14.1.13, 14.2.4
Certificates of Inspection, Testin� or Approval
13.5.4
Certificates of Insurance
9.10.2, 11.1.3
Change Orders
1.1. I, 2.4. l, 3.42, 3.8.23, 3.11.1, 3.12.8, 4.2.8, 4.3.4, 4,3.9,
5.2.3, 7.1, 7.2, 7.3, 83.1, 9.3.1.1, 9.10.3, 11.4.1.2, 11,4.4,
11.4.9, 12.1.2
Chanoe Orders, Definition of
7.2.1
CHANGES IN THE WORK
3.11, 4.2.8, 7, 8.3.1, 9.3.1.1, 11.4.9
Claim, Definition of
4.3.1
Ctaims and Disputes
3.2.3, 4.3, 4.4, 4.5, 4.6, 6.1.1, 6.3, 7.3.8, 9.3.3, 9.10.4,
] 0.3.3
Claims and Timely Assertion of Claims
4.6.5
Claims for Additional Cost
3.2.3, 4.3.4, 4.3.5, 4.3.6, 6.1.1, 73.8, 10.3.2
Claims for Additional Time
3.2.3, 4,.3.4, 4.3.7, 6.1.1, 8.3.2, 10.3.2
C(aims for Concealed or Unknown Conditions
4.3.4
Claims for Damages
3.2.3, 3.18, 43.10, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.33, 11.1.1,
11.4.5, 11.4.7, 14.1.3, 14.2.4
Claims Subject to Arbitration
4.4.1, 4.5.1, 4.6.1
Cleaning Up
3.15, 63
Commencement of Statutory Limitation Period
13.7
Commencemeni of ihe Work, Conditions Relating to
2.2.1, 3.2.1, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 4.3.5, 5.2.1, 5.2.3,
6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.4.1, I I.4.6, 11.S.I
Commencement of the Work, Definition of
$.12
Communications Facilitating Contract Administration
3.9.1, 4.2.4
Completion, Conditions Reladng to
1.6.1, 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.42, 9.8, 9.9.1,
9.10, 12.2, 13.7, 14.1.2
COMPLETION, PAYMENTS AND
1.6.1, _i.2.2, 3.b, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6.4, 4.6.6,
9.6.4, i 0.2.2, 11.1, 11.4, 13. i, I 3.4, l 3.5.1, 13.5.2, 13.6,
14.1.1, 14.2.1.3
Concealed or Unknown Condi[ions
4.3.4, 8.3.1, 10.3
Conditions of the Contract
1.1.1, 1.1.7, 6.1.1, 6.1.4
Consent, Written
1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.32, 9.8.5,
9.9.1, 9.102, 9.10.3, l 1.4.1, 13.2, 13.4.2
CONSTRUCTION BY OWNER OR BY SEPARA7E
CONTRACTORS
1.1.4, 6
Construction Change Directive, Definition of
7.3.1
Construction Change Directives
l.l.l, 3.12.8, 4.2.8, 4.3.9, 7.1, ?.3, 9.3.1.1
Construction Schedules, Contractor's
1.4.i.2,3.10,3.I2.1,3.12.2,4.3.7.2,6.1.3
Contingent Assignment of Subcontracts
5.4, 14.2.2.2
Continuing Contract Performance
4.3.3
Contract, Definition of
1.1.2
CONTRACT, TERMINATION OR SUSPENSION OP THE
5.4.1.1, 11.4.9, 14
Contract Administration
3.13, 4, 9.4, 9.5
Contract Award and Execution, Conditions Relating to
3.7.1, 3.10, 5.2, 6.1, 11:1.3, 11.4.6, 11.5.1
Ccmtract Documents, The
1.1, 1.2
Contract Documents, Copies Furnished and Use of
1.6, 2.2.5, 5.3
Contract Documents, Definition of
l.l.l.
Contract Sum
3.8, 4.3.4, 43.5, 4.4.5, 5.2.3, 7.2, 73, 7.4, 9.1, 9.4.2,
9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2
Contract Sum, Definition of
9.1
Contract Time
4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1.3, 7.3, 7.4, 8.1.1, 8.2, 83.1,
9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2
Contract Time, Defin;tion of �
8.1.1
CONTRACTOR
3
g Contractor, Definition of
Completion, Substantiai 3.l, 6.1.2
4.2.9, 8.1.1, 8.13, 8.2.�, 9.4.2, 9.8, 9.9.1, 9.10.3, 9.10.4.2, Contractor's Construction Schedules
12.2, 13.7 1.4. I 2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3
Compliance with Laws Contractor's Employees
A(A DOCUNiENT A301-GENERAL CONDITIONS OF TiiE CONTRACT FOR CONSTRUCT[ON - t997 EDlTlON - AiA - COPYR[GHT 1997 - THE
AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., �VASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopY��B
violates U.S. copyright laws and wi1! sabject the violator to legal prosecution. This document was electronieally produced with permission of the A(A and can bt
reproduced without violation until the date of expiration as noted below.
ElectronicFormat A201-1997
User pocument: 97A20L.CON -- 4/15/2000. AIA License Number 109766, which expires on 8/6/2000 -- Paoe #3
i. �
3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, I0.3,
11.1.1, 1 i.4.7, 14.i, 14.2.1.I,
Contractor's Liability Insurance
11.1
Contractor's Relationship with Separate Con[ractors and Owner's
Forces
3. i 2.5, 3.14.2, 4.2.4, 6, 1 I.4.7, 12.1.2, 12.2.4
Contractor's Relationship with Subcontractors
1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.4.1.2,
11.4.7, 11.4.8
Contractor's Relationship with the Architect
i.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, 3.5.1, 3.7.3,
3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 4.3.4, 4.4.1,
4.4.7, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, .5, 9.7, 9.8, 9.9,
] 0.2.6, 103, 1 i.3, 11.4.7, 12, 13.4.2, 13.5
Contractor's Representations
1.5.2, 3.5.1, 3.12.6, b.2.2, 8.2.1, 9.3.3, 9.8.2
Contractor's Responsibility for Those Performing the Work
3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, 10
Contractor's Review of Contract Documents
1.5.2, 3.2, 3.7.3
Contractor's Right to Stop the Work
9.7
Contractor's Right to Terminate the Contract �
4.3.10, 14.1
Contractor's Submittals
3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8.2,
9.8.3, 9.9.1, 9.10.2, 9.10.3, l 1.1.3, 11.5.2
Contractor's Superintendent
3.9> ] 0.2.6
Contractor's Supervision and Construction Procedures
1.2.2, 33, 3.4, 3.12.10, 4.2.2, 4.2.7, 433, 6.1.3, E.2.�, i. i.i,
7.3.4, 7.3.6, 8.2, 10, 12, 14
Contractual Liability Insurance
11.1.1.8, 11.2, 11.3
Coordination and Correlation
1.2, 1.5.2, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1
Copies Furnished of Drawinos and Specifications
1.6, 2.2.5, 3.l 1
Copyrights
t.6, 3.27
Correction of Work
2.3, 2.4, 3.7.4, 4.2.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2,
13.7.13
3.142, 6.2.4, 9.2. l.5, 10.2.1.2, 10.2.5, 10.6, 11.1, i 1.4,
12.2.4 �
Dama�e to the Work �
3.14.2, 9.9.1, 10.2.1:?, 10.2.5, 10.6, 11.4, 12.2.4
Dama�es, Claims for
3.2.3, 3.18, 4.3.10, b.l.l, 8.3.3, 9.5.1, 9.6.7, ]0.3.3, 11.1.1,
1i.4.5,11.4.7,14.1.3,14.2.4
Dama�es for Delay
6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2
Date of Commencement of the Work, Definition of
8.1.2
Date of Substantial Com�letion, Definition of
8.13
Day, Definition of
8.1.4
Decisions of the Architect
4.2.b, 4.2.7, 4.2.11, 4.2.12, 4.2.i3, 4.3.4, 4.4.1, 4.4.5, 4.4.6,
4.5,6.3,7.3.6,73.8,8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.4,9.9.1,
13.5.2, 14.2.2, 14.2.4
Decisions to Withhold Certification
9.4.1, 9.5, 9.7, 14.1.1.3
Defective or Nonconforming Work, Acceptance, Rejection and
Correction of
2.3, 2.4, 3.5.t, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6,
9.10.4, 12.2.1, 13.7.1.3
Defective Work, Definition of
3.5.1
Definitions
1.1,2.1:t,3.1,3.5.1,3.12.1,3.12.2,3.i2.3,4.1.
6.1.2, 7.2.1, 7.3.1,7.3.6, 8.1, 9.1, 9.8.1
Delays and Extensions of Time
3.23, 43.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1,
7.5.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2
Disputes
4.1.4, 43, 4.4, 4.5, 4.6, 63, 73.8
Documents and Samples at the Site
3.11
Drawings, Definition of
1.1.5
Drawings and Specifications, Use and Ownership of
i.l.l, 1.3, 2.2.5, 3.1 l, 5.3
Effective Date of Insurance
8.2.2, 11.1.2
Emer�encies
Correlation and Intent of the Con[ract Documen[s 4.3.5, 10.6, 14.1.1.2
1.2 Empioyees, Contractor's
Cost, Definition of 33.2, 3.43, 3.8,1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 103,
7.3.6 11.1.1,11.4.7,14.1>14.2.1.1
Costs Equipment, Labor, Materials and
2.4, 3.2.3, 3.7.4, 3.8.2, 3.152, 4.3, 5.4.2, 6.1.1, 6.2.3, 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6,
7.3.3.3. 7.3.6, 7.3.7, 73.8, 9.10.2, 103.2, 10.5, 11.3, 11.4, 4.2.7, 5.2.1, 62.1, 7.3.6, 93.2, 93.3, 9.5.1.3, 9.10.2, 10.2.1,
12.1,12.2.1,12.2.4,13.5,14 10.2.4,14.2.12
Cutting and Patching Execution and Progress of the Work
62.5, 3.1 4 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3, 3.4, 3.5, 3.7, 3.10,
Damage to Construction of Owner or Separate Contractors 3.12, 3.14, 4.22, 4.2.3, 4.3.3, 6.2.2, 7.13, 7.3.4, 8.2, 9.5,
AtA DOCUMENT A20I-GE(YERAL COIVD[T(ONS OF THE CONTRACT FOR CONSTRUCT[ON - 1997 EDITiON - AIA - COPYRIGHT i947 - THL
AMERICAN INSTITUTE OF ARCHl1'EC'fS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNlNG: Unlicensed photocopying
violates U.S. copyright taws and will subject the violator to legal prosecution. T'his document was electronically produced with permission of the AIA and can be
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Electronic Format A201-1997
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9.8.2, 9.9.3,
1, 4.3.1, 5.1,
7.3.1, 7.4.?,
�� :C
9.9.1, I 0.2, 10.3; I 22, 14.2, 14.3
Extensio»s of Tim�;�
3.23, 4.3.1, 43.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 73, 7.4.1, 9.5.1,
9.7.1,10.3.2,10.6.i,14.3.2
Failure oF Payment
4.3.6, 9.5. I.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6
Faulty Work
(See Defective or Nonconfortning Work)
Final Completion and Final Payment
4.2.1, 4.2.9, 43.2, 9.82, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5,
12.3.1,13.7,14.2.4,14.4.3
Financial Arrangements, Owner's �
2.2.1, 13.2.2, 14.1.1.5
Fire and Extended Coveraae Insurance
1 1.4
GENERAL PROVISIONS
1
Governing Law
13.1
Guarantees (See Warranty)
Hazardous Materials
10.2.4, y 0.3, 10.5
Identification of Contract Documents
1.5.1
Identification of Subcontractors and Suppliers
5.2. I ..
Indemnification
3.17, 3.18, 9.10.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7
Information and Services Required of the Owner
2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1 3, 6.1.4,
6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, ] 0. ;.', ] 1.2, 11.4,
13.5.1,13.5.2,14.1.1.4,14.1.4
Injury or Damage to Person or Property
4.3.8, 10.2, 10.6
Inspections
3.1.3, 3.3.3, 3.7.1, 42.2, 4.2.6, 4.2.9, 9.4.2, 9.8:2, 9.8.3,
9.9.2,9.IO.1,I2.2.1,13.5
Instructions to Bidders
1.1.1
Instructions to the Contractor
3.2.3,3.3.1,3.8.1,4.2.8,5.2.1,7, 12,8.2.2, 13.5.2
Tnsurance
3.18.1,6.1.1,73.6,8.2.1,9.3.2,9.8.4,9.9.1,9.10.2, 9.10.5,
11
Insurance, Boiler and Machinery
11.4.2
Insurance, Contractor's Liability
ll.i
Insurance, Effective Date of
8.2.2, 11.1.2
Insurance, Loss of Use
11.4.3
Insurance, Owner's Liability
112
Insurance, Project Ntanagement Protective Liability .
I 1.3
Insurance,Property
10.2.5, 1 i .4
Insurance,Stored Materials
93.2, 11.4.1.4
INSURANCE AND BONDS
11
Insurance Compa�ies, Consent to Partial Occupancy
9.9.1, 11.4.1.5
Insurance Companies, Settlement with
11.4.10
Intent of the Contract Documents
1.2.1, 4.2.7, 42.12, 4.2.13, 7.4
Interest
13.6
Interpretation
1.2.3, 1.4, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4
Interpretations, Written
4.2.11, 4.2.12, 43.6
Joinder and Consolidation of Claims Required
4.6.4
Judgment on Final Award
4.6.6
Labor and Materials, Equipment
1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1,42.6,
42.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1,
10.2.4, 14.2.1.2
Labor Disputes
83.1
Laws and Regulations
1.6, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4:(., 9.E.4_
9.9.1,10.2.2,11.1,11.4,13.1, 13.4,13.5.1,13.5.2,13.6,14
Liens
2.1.2, 4,4.8, 8.2.2, 9.3.3, 9.10
Limitation on Consolidation or Joinder
4.6.4
Limitations, Statutes of
4.6.3, 12.2.6, 13.7
Limitations of Liability
23, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.10, 3.17, 3.t8, 4.2.6,
4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.10.4, 10.3.3,
10.2.5,11.1.2,11.2.1,11.4.7,122.5,13.4.2
Limitations of Time
2.1.2,2.2,2.4,3.2.1,3.73,3.10,3.11,3.12.5,3.15.1,4.2.7,
43, 4.4, 4.5, 4.6, 5.2, 5.3,� 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1.
9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5,
11.4.6,11.4.10,12.2,13.5,13.7,14
Loss of Use Insurance
11.4.3 �
Material Suppliers
1.6,3.12.1,4.2.4,4.2.6,5.2.1,93,9.4.2,9.6,9.10.5
Materials, Hazardous
10.2.4, 10.3, 10.5
A(A DOCUMENT A301-GENERAL CONDI►'IONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AtA - COPYRIGHT 1997 - THE
AMERtCAN INSTITUTE OF ARCHITECI'S, t73S NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5293. WARNING: Unlicenscd photocopyin�
violates U.S. copyright laws and wiil subject the violator to legal prosecution. This document was electronically produced with parmission of the AfA and can ba
reproduced without violation until the date of expiration as noted below.
E(ectronic Format A201-1997
User pocument: 97A201.CON -- 4/15/2000. AIA License Number 109766, which expires on 8/6/2000 -- Pa�e #�
1 C
Materials, Labor, Equipment and
1.1.3, 1.1.6, 1.6.1, 3.4, 3.5.1, 3.8.2, 3.8.23, 3.12, 3.13,
3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3,
9.10.2,10.2.1,10.2.4,14.2.12
Means, Methods, Techniques, Sequences and Procedures of
Construction
33.1,3.12.10,4.2.2,4.2.7,9.4.2
Mechanic's Lien
4.4.8
Nlediation
4.4.1,4.4.5,4.4.6,4.4.8, 4.5,4.6.1,4.6.2,83.1, 10.5
Minor Changes in the Work
1.1.1, 3.12.8,4.2.8,4.3.6,7.1,7.4
MISCELLANEOUS PROVISIONS
13
Modifications, Defnition of
1.1.1
Modifications to the Contract
1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8. 3.1, 9.7,
10.3.2, 11.4.1
Mutual Responsibility
6.2
Nonconforming Work, Acceptance of
9.6.6, 9.9.3, 1 2.3
Nonconforming Work, Rejection and Correction of
2.3,2.4,3.5.1,4.2.6,G.2.5,9.5.1,9.8.2,9.9.3,9.10.4, 122.1,
13.7.13
Notice
2.2.1, 23, 2.4, 3.2.3, 3.3.1, 3.7.2, 3.7.4, 3.12.9, 43, 4.4.8,
4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 11.1.3, 11.4.6, 12.2.2,
12.2.4,13.3,13.5.1;13.5.2,14.1,14 .
Notice, Written
23, 2.4, 33.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1,
8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 122.4,
13.3, 14
Notice of Testing and Inspections
13.5.1, 13.5.2
Notice to Proceed
8.2.2
Notices, Permits, Fees and
2.2.2, 3.7, 3.13, 73.6.4, 10.2.2
Observations, Contractor's
1.52, 3.2, 3.7.3, 4.3.4
Occupancy
22.2, 9.6.6, 9.8, 11.4.1.5
Orders, Written
I.1.1, 2.3, 3.9, 43.6, 7, 8.2.2, ii.4.9, 12.i, 12.2, 13.5.2,
14.3.1
OWNER
2
Owner, Definition of
2.1
Owner, Information and Services Required of the
2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3, 6.1.4,
6.2.5, 932, 9.6.1, j9.6.4, 9.9.2, 9.10.3, 10.33> 11.2, 11.4,
13.5.1, 13.52, 14.� 1.4, 1�.1.4
Owner's Authority
1.6,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2,4.i.3,
4.2.4, 4.2.9, 4.3.6, 4.4.7, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2,1,
7..�.i, 8.22, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.9.1, 9.10.2, 10.3.2,
11.1.3, 11.3.1, 11.4.3, 11.4.10, 12.22, 12.3.1, 13.2.2, 14.3,
14.4
Owner's Financial Capability
22.1, 13.2.2, 14.1.1.5
Owner's Liability Insurance
11.2
Owner's Loss of Use Insurance
11.4.3
Owner's Relationship with Subcontractors
1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2
Owner's Right to Carry Out the Work
2.4, 12.2.4. 14.2.2.2
Owner's Right to Clean Up
6.3
Owner's Right to Perform Construction and tb Award Separate
Contracts
6.1
Owner's Right to Stop the Work
2.3
Owner's Right to Suspend the Work
14.3
Owner's Right to Terminate the Contract
l 4.2
Ownership and Use of Drawings, Specifications and Other
Instruments of Service
1.1.1,1.6,2.2.5,3.2.1,3.11.1,3.17.1,4.2.1�,5.:
Partial Occupancy or Use
9.6.6, 9.9, 11.4.1.5
Patching, Cu[ting and
3.14, 6.2.5
Patents
3.17
Payment, Applications for
4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10.1,
9.10.3, 9.10.5, 11.1.3, 14.2.4, 14.4.3
Payment, Cer[ifcates for
4.2.5, 4.2.9, 9.33> 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1,
9.10.3, 13.7, 14.1.1.3, 14_2.4
Payment, Failure of .
4.3.6, 9.5.1.3, 9.7, 9.102, 14.1.1.3, 14.2.1.2, 13.6
Payment, Final
4.2.1, 4.2.9, 4.32, 9.8.2, 9.10, 11.1.2, 1:
123.1,13.7,14.2.4,14.4.3
Payment Bond, Performance Bond and
7.3.6.4, 9.6.7, 9.10.3, 11.4,9, 11.5
Payments, Pro�ress
4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3
PAYMENTS AND COMPLETION
1.3, 11.4.1, 1 1.4.5,
AIA DOCUMENT A201-GEN6RAL COND(TIONS OF THE CONTRACT FOR COfVSTRUCTION - 1997 EDITtON - AIA - COPYRIGHT 1997 - THE
AMER[CAIY INST[TUTE OF ARCH[TECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARIVfIVG: Unlicensed photocopying
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reproduced without violation until the date of expiration as noted below.
Electronic Format A201-1997
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,I '4
�
Payments to Subcontractors
5.4.2, 9.5.1.3, 9.62, 9.6.3, 9.6.4, 9.6.7, 11.4.8, 14.2.1.2
PCB
10.3.1
Performance Bond and Payment Bond
7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5
P�rmits, Fees and Notices
2.2.2, 3.7, 3.13, 7.3.6.4, 10.2.2
PERSONS AND PROPERTY, PROTECTION OF
10
Polychlorinated Biphenyi
10.3.1
Product Data, Definition of
3.12.2
Product Data and Samples, Shop Drawings
3. I 1, 3.12, 4.2.7
Progress and Completion
4.2.2, 43.3, 8.2, 9.8, 9.9.1, 14.1.4
Progress Payments
43.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.23
Project, Definition of the
1.1.4
Project Management Protective Liability Insurance
11.3
Project Manual, Definition of the
1.1.7 �
Project Manuals
2.2.5
Project Representatives
4.2.10
Property Insurance
10.2.5, 11.4
PROTECTION OF PERSONS AND PROPERTY
10
Regulations and Laws
1.6, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6, 9.6.4,
9.9.1,10.2.2,11.1,11.4,13.1, 13.4,13.5.1,13.52,13.6,14
Rejection of Work
3.5.1, 4.2.6, 12.2.1 `
Releases and Waivers of Liens
9.10.2
Representati�ns
1. 5 2, 3. 5.1, 3.12.6, 6.2.2, 8.2.1, 9. 3 3, 9.4.2, 9.5 .1, 9. 8.2,
9.10.1
Representatives
2.1.1,3.1.1,3.9,4.1.1,4.2.(,4.2.10,5.1.1,5.1.2, 13.2.1
Resolution of Claims and Disputes
4.4, 4.5, 4.6
Responsibility for Those Performina the Work
3.3.2, 3.18, 4.2.3, 43.8, 5.3.1, 6.13, 6.2, 6.3, 9.5.1, 10
Re tai nage
9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.103
Review of Contract Documents and Field Conditions by
Contractor
i.5.2, 3.2, 3.7.3, 3.12.7, 6.1.3
Review of Contractor's Submittals by Owner and Architect
3.10.1, 3.10.2, 3. I I, 3.12, 4.2, 5.2, 6. i.3, 9.2, 9:8.2
Review of Shop Drawin�s, Product Data and Samples by
Contractor
3.12
Rights and Remedies
1.1.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.2.6, 4.3.4, 4.5, 4.6, 5.3, 5.4,
6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 103, 12.2.2, 12.2.4,
13.4, 14
Royal[ies, Patents and Copyri�hts
3.17
Rules and Notices for Arbitration
4.6.2
Safety of Persons and Property
10.2, 10.6
Safety Precautions and Programs
33.1, 42.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.6
Samples, Definition of
3.12.3
Samples, Shop Drawings, Product Data and
3.11, 3.12, 4.2.7
$amples at the Site, Documents and
3.11
Schedule of Values .
9.2, 9.3.1
Schedules, Construction
1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3
Separate Contracts and Contractors
1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 4.6.�., (, 8.3.1, 11.4.7,-
12.1.2, 12.2.5 �
Shop Drawings, Definition of
3.12.1
Shop Drawings, Product Data and Samples
3.l 1, 3.12, 4.2.7
Site, Use of
3.13, 6.1.1, 6.2.1
Site Inspections
12.2,3.2.1,3.3.3,3.7.1,4.2,43.4,9.4.2,9.10.1, 13.5
Site Visits, Architect's
4.2.2, 4.2.9, 4.3.4, 9.4.2, 9.5. I, 9.9.2, 9. ] 0.1, 13.5
Special Inspections and Testing
4.2.6, 12.2.1, 13.5
Specifications, Definition of the
1.1.6 .
Specifications, The
1.1.1, 1.1.6, 1.1.7, 1.2.2, 1.6, 3.11, 3.12.10> 3.17
Statute of Limitations
4.6.3, 12.2.6, 13.7
Stoppino the Work •
23, 4.3.6, 9.7, 10.3, 14.1
Stored Malerials
6.2.1, 9.3.2, 10.2.12, 10.2.4, 11.4.1.4
AIA DOCU,�IENT A20!-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUC'i'fON - 1997 EDITION - AIA - COPYRIGHT 1997 - THE
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Subcontractor, Definition of
5.1.1
SUSCONTRACTORS
5
�
!F
�
Subcantractors, Work by
1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7
Subcontracwal Relations
5.3, 5.4, 9,3.1.2, 9.6, 9.10 10.2.1, 11.4.7, 11.4.8, 14.1,
14.2.1, 14.3.2
Subrr�ittals
1.6, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8,
9.9. I, 9.10.2, 9. I0.3, 11.13
Subrogation, Waivers of
6.1.1, 11.4.5, 11.4.7
Substantial Completion
42.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.I0:3, 9.10.4.2,
12.2, 13.7
Substantial Completion, Definition of
9.8.1
Substitution of Subcontractors
5.2.3, 5.2.4
Substitution of Architect
4.1.3
Substitutions of Materials
3.4.2, 3.5.1,7.3.7
Sub-subcontractor, Definition of
5.1.2 .
Subsurface Conditions
4.3.4
Successors and Assigns
13.2
Superintendent
3.9, 10.2.6
Supervision and Construction Procedures
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7,
7.1.3, 7.3.6, 8.2, 8.3.I, 9.4.2, 10, 12, i4
Sure[y
4.4.7, 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.22
Surety, Consent of
9.10.2, 9.10.3
S urveys
2.2.3
Suspension by the Owner for Convenience
14.4
Suspension of the Work
5.4.2, 14.3
Suspension or Termination of the Contract
4.3.6, 5.4.1.1, 11.4.4, 14
Taxes
3.6, 3.8.2,1, 7.3.6.4
Termination by the Contractor
4.3.10, 14.1
Termination by the Owner for Cause
4.3.10, 5.4.1.1, 14.2
43.3, 6.13, 6.2.4,
Termination of the Architect '
4.1.3
Termination of the Contractor
14.2.2
TERMiNAT10N OR SUSPENStON OF THE CONTRACT
14
Tests and Inspections
3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9,10.1,
10.3.2, 11.4.1.1, 122.1,13.5
TIME
8
Time, Delays and Extensions of
3.2.3, 4.3.1, 4.3.4, 43.7, 4.4.5, 5.2.3, 7.2.1, 73.1, 7.4.1,
7.5.1, 8.3, 9.5.1, 9.7.1, 103.2, 10.6.1, 14.3.2
Time Limits
2.1.2, 2.2, 2.4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, 3.15:1, 4.2,
4.3, 4.4, 4.5, 4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1,
9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5,
11.4.6,11.4.10,12.2,13.5,13.7,14
Time Limits on Claims
4.3.2, 4.3.4, 43.8, 4.4, 4.5, 4,6
Title to Work
9.3.2, 9.3.3
UNCOVERING AND CORRECTION OF WORK
12
Uncovering of Work
12.1
Unforeseen Conditions
4.3.4, 83.1, t0.3
Unit Prices
43.9, 7.332
Use of Documents
1.1.1, 1.6, 2.2.5, 3.12.6, 5.3
Use of Site
3.13, 6.1.1, 62.1
Va(ues, Schedu[e of
9.2, 9.3.1
Waiver of Claims by the Architect
13.4.2
Waiver of Claims by the Contractor
4.3.10, 9.10.5, 11.4.7, 13.4.2
Waiver of Claims by the Owner
4.3.10, 9.9.3, 9.10.3, 9,10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1,
13.4.2, 14.2.4
Waiver oF Consequential Dama�es
4.3.10, 14.2.4 ,
Waiver of Liens
9.102, 9.10.4
Waivers of Subrogation
6.1.1, 11.4.5, 11.4.7
Warranty
3.5, 4.2.9, 4.3.5.3, 9.33, 9.8.4, 9.9.1, 9.10.4, 122.2,
13.7.1.3
Weather Delays
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4.3.7.2
Work, De6nition of
1.1.3
Written Consent
1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 93.2, 9.8.5,
9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2
Written Interpretations
4.2.11, 4.2.i2, 43.6
Written Notice
2.3, 2.4. 3.3.1,
8.2.2, 9.7, 9.10,
13.3, 14
Written Orders
1.t.1, 2.3, 3.9,
14.3.1
3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.� 5, 5.2.I, ;�
10.2.2, 10.3, 11.1.3, 11,4.6, 12.2.2, 12.2.4,C
4.3.6, 7, 8.2.2, 11.4.9, 12.1, 122,.13.5.2,
AtA DOCUNiENT A201-GENERAL CONDITIOP(S OF THE CONTRACT FOR CONSTRUCI'ION - 1997 EDlTlON - AIA - COPYRIGHT 1997 - THE
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ARTICLE 1 GENERAL PROVISIONS .
1.1 BASIC DEFINIT(OH�S
i.1,1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Aareement), Conditions of the
Contract (General, Suppiementary and other Conditions), Drawinas; Speeifications, Addenda issued prior to execution. of the
Contract, other documents listed in the Agreement and Modifcations issued after execution of the Contract. A Modification is (1)
a written amendment to the Contract si�ned by both parties, (2) a Chan=e Order, (3) a Construction Change Directive or (4) a
written order for a minor chanoe in the Work issued by the Architect. Unless speciFcally enumerated in the A�reement, the
Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid,
instructions to Bidders, sample forms, the Contractor's bid or por[ions of Addenda relating to bidding requirements) .
1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contrac[ represents the entire and integrated agreement
between the parties hereto and supersedes prior nego�iations, representations or agreements, either written or oral. The Contract
may be amended or modified only by a Nlodification. The Contract Documents shall not be construed to create a contractual
relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or
Sub-subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and
Contractor. The Architect shall, however, be entitled to. performance and enforcement of obligations under the Contract intended
to facilitate performance of the Architect's duties.
1.y.3 THE WORK
The term "Work" means the construction and services required by the Contract Documents, whether completed or partially
completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fuliill
the Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 7HE PROJECT �
The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and
which may include construction by the Owner or by separate contractors.
1.1.5 THE DRAWINGS
"; �i�� Drawings are [he graphic and pictorial portions of the Contract DocumenW �t�owing the design, location and dimensions of
;'�e Work, generally including plans, elevations, sections, details, schedules and ciiaorams.
1.1.6 THE SPEClFICATIONS
The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment,
systems, standards and workmanship for the Work, and perforrriance of related services.
1.1.7 THE PROJECT MANUAL
The Project Manual is a volume assembled for the Work which may include the bidding requirements, sample forms, Conditions
of the Contract and Specifications.
1.2 CORRELATiON AND INTENT OF THE CONTRACi' DOCUMENi'S
1.2.1 The intent of the Coniract Documents is to include all items necessary for the proper execution and completion of the
Work by the Contractor. The Contract Documents are complementary, and a�hat is required by one shall be as bindin� as if
required by all; performance by the Contractor shall be required only ro[he extent consistent with the Contract Documents and
reasonably inferable from them as being necessary to produce the indicated results.
1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall no[ control the
Contractor in dividing the Work among Subcontractors or in establishin� the extent of Work to be performed by any trade.
1.2.3 Unless otherwise stated in the Contract Documents, words which have well-icnown technical or construction industry
meanin�s are used in the Contract Documen[s in accordance with such reco�nized meanings.
1.3 CAPITALIZATION
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1.3.y Terms capitalized in these General Conditions include those which are (i) specifically defin�`d, (2) the titles of r�umbered
articles and identif7ed references to Para;raphs, Subpara�raphs and Clauses in the document or (3�the titles of other documents
publishcd by the American Institute of Architects.
1.4 INTERPRETATION
1.4.1 In the interest of brevity the Contract Documents frequently omit modifyin= words such as "all" and "any" and articles
such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not
intended to affect the interpretation of either statement.
1.5 EXECUTlON OF CONTRACT DOCUMENTS
1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not
si�n all the Contract Documents, the Architect shall identify such unsigned Documents upon request.
1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally
familiar with local conditions under which the Work is to be performed and correlated persona] observa[ions with requirements of
the Contract Documents.
1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERViCE
1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the
Architect's consultan[s are Instruments of Service through which the Work to be executed by the Contractor is described. The
Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment
supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the
Architect'sconsultants, and unless otherwise indicated the Architect and the Architect'sconsultants shall be deemed the authors of
them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments
of Service, except the Con[ractor's record set, shail be returned or suitably accounted for to the Architect, on request, upon
completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's
consultants, and copies thereof furnished to the Con[ractor, are for use sotely with respect to this Project. They are not to be used
by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to
this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's
consultants. The Cor.tractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and
reproduce applicable portions of the Drawings, Specifications and ot:,�r documents prepared by the Architect and the Architect's
consultants appropriate to and for use in the execution of their Work uuder the Contract Documents. All copies made under this
authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect and the Architect'sconsultants. Submittal or distribution to meet official regulatory requirements or for
other purposes in connection with this Project is not to be construed as publication in derogation of the Architect'sor Architect's
consultants' copyrights or other reserved rights.
ARTICLE 2 OWNER
2.1 GENERAL
2.1.1 The Owner is the person or entity identified as such in the A�reement and is referred to throughout the Contract
Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to
bind [he Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in
Subparagraph 42.1, the Architect does not have such authori[y. The term "Owner" means the Owner or the Owner'sauthorized
representative.
2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary
and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a
correct statement of the record le�al title to the property on which the Project is located, usually referred to as the site, and the
Owner's interest therein.
2.2 INFORMATION AND SERVICES REQUIRED OF 7HE OWNER
2.2.1 The Owner shall, at the written request of the Contractor, prior to commencement of the Work and thereafter, furnish to
the Contractor reasonable evidence that financial arran�ernents have been made to fulfill the Owner's obligations under the
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� Contrac[. Furnishin� of such evidence shall be a condition precedent to commencement or continuation of the Work. After such
� evidence has been furnished, the Owner shall nut materially vary such financiai arrangements without pri�r notice to the
Contractor.
2.2.2 Except for permits and fees, includin� those required under Subparagraph 3.7.1, which are the respoesibility of the
Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and
charges required for construction, use or occupancy of permanent structures or for permanent changes in existin� facilities.
2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of
the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by
the Owner but shall exercise proper precautions relating to the safe performance of the Work.
2.2.4 Information or services required of the Owner by the Contract Documents shal] be furnished by the Owner with
reasonable promptness. Any other information or services relevant to the Contractor'sperforniance of the Work under the Owner's
control shall be furnished by the Owner after receipt from the Con[ractor of a written request for such information or services.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of
Drawings and Project Manuals as are reasonably necessary for execution of the Work.
2.3 OWNER'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as
required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may
issue a written order to the Contractor ro stop the Work, or any portion thereof, until the cause for such order has been eliminated;
however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for
the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK •
2.4.t If the Contractor defaults or negiects to carry out the Work in accordance with the Contract Documents and fails within a
seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect
with diligence and promptness, the Owner may after such seven-day period give ihe Contractor a second written noiice to correct
such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails
to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have,
correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter
due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the
Architect'sadditional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged
to the Contractor are both subject to prior approval of the Archi[ec[. If payments then or thereafter due the Contractor are not
sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.
ARTICLE 3 CONTRACTOR
3.1 GENERAL
3.1.1 The Contractor is the person or entiry identiiied as such in the A�reement and is referred to throu�hout the Contract
Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor'sauthorized representative.
3.1.2 The Contracror shall perform the Work in accordance with the Contract Documents.
3.1.3 1fie Contractor shall not be relieved of obli�ations to perform the Work in accordance with the Contract Documents
either by activities or duties of the Architect in the Architect'sadministration of the Contract, or by tests, inspections or approvals
required or performed by persons other than the Contractor.
3.2 REVtEW OF CONTRACi DOCUMENTS AND FtELD CONDITIONS BY C4NTRACTOR
3.2.1 Since the Contract Documents are complementary, before startin� each portion of the Work, the Contractor shall
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carefully study and compare the various Drawings and other Contract, Documents relative to that portion of the Work, as well as
the informatian furnished by the Owner pursuant to SubparaQraph 21?.3, shall take field measurements of any existing conditions
related to that portion of the Work and shall observe any conditions at the site affectin� it. Thes� obli=ations are for the purpose
of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the
Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly
to the Architect as a request for information in such form as the Architect may require.
3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect,
bu[ it is recognized that [he Contractor'sreview is made in the Contractor'scapacity as a contractar and not as a licensed desi�n
professiona( unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the
Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and ru(es and regutations, but
any nonconformity discovered by or made known to [he Contractor shall be reported promptly to the Architect.
3.2.3 IF the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the
Architect in response to the Contractor's notices or reques[s for information pursuant to Subpara�raphs 3.2.1 and 32.2, the
Contractor shall make Claims as provided in Subparagraphs 43.6 and 4.3.7. If the Contractoc fails to perform the obligations of
Subparagraphs 3.2.1 and 3.2.2, the Contractor shali pay such costs and damages to the Owner as wouid have been avoided if the
Contractor had performed such obligations. The Contractor shali not be liable to the Owner or Architect for damages resu(ting
from errors, inconsistencies or omissions in the Contract Documents or for differences between �ield measurements or conditions
and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly
failed to report it to the Architect.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direc[ the Work, using the Contractor'sbest skill and attention. The Contractor shall
be solety responsible for and have control over construction means, methods, techniques, sequences and procedures and for
coordinating all portions of the Work under the Contract, unless the Contract Documen[s give o[her specific instructions
concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods,
techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as,stated below, shall be
fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor
determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely
written notice to the Owner and Architect and �hail not proceed with that portion of the Work without further written instructions
from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences e,c
procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting
toss or damage.
3.3.2 The Contractor shall be responsibie to the Owner for acts and omissions of the Contractor'semployees, Subcontractors
and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor
or any of its Subcontractors.
3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such
portions are in proper condition to receive subsequent Work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials,
equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services
necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or
to be incorporated in the Work.
3.4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluntion by the Architect and in
accordance witf� a Change Urder.
3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons
carrying out the Contract. The Contractor shall not permit emptoyment of unfit persons or persons not skilled in tasks assiRned to
them.
A[A DOCUhtENT A201-GENERAL CUND[T[ONS OF THE CONTRACT FOR CONSTRUC'►[ON - 1997 EDITION - AIA - COPYRIGHi' 1997 - THE
AMERICAN INSTiTUTE OF ARCHITECTS, 1735 NEW YORK AVENUE t�(.�V„ WASH[NGTON, D.C. 20006-5392. WARNING: Unlicensed phococopYin�
violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronicaliy produced with �rmission of the AlA and can bc
reproduced without violation unti! the date of expiration as noted below.
Electronic Fom�at A201-1997
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1
3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be
of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from
defects not inherent in the quality required or permitted, and that the Work wi(1 conform to the requirements of the Contract
Documents. Work not conforming to these reqnirements, including substitutions not properly approved and authorized, may be
eonsidered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not
executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usa�e.
IF required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
3.6 TAXES
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are
le�ally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into
effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and
other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which
are customarily secured after execution of the Contract and which are lega]!y required when bids are received or negotiations
concluded.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of
public authorities applicable to perforrnance of the Work.
3.7.3 It is not the Contractor'sresponsibility to ascertain that the Contracl Documents are in accordance with applicable laws,
statutes,�ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract
Documents are at variance therewith, ihe Contractor shall promptly notify the Architect and Owner in writing, and necessary
changes shall be accomplished by appropriate Modifica[ion.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rule� and
regulations without such notice to the Architect and Owner, the Contractor shail assume appropriate responsibility for sucn Work
and shall bear the costs attributable to correction.
3.8 ALLOWANCES
3.8.1 The Contractor shatl include in the Contraci Sum all allowances staied in the Contract Documents. Items covered by
allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall
not be required to employ persons or entities to whom the Contractor has reasonable objection.
3.8.2 Unless otherwise provided in the Contract Documents:
.1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required
taxes, less applicable trade discounts;
.2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other
expenses contemplated for stated aliowance amounts shall be included in the Contract Sum but not in the
allowances;
.3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change
Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances
under Clause 3.8.2.1 and (2) chan�es in Contractor's costs under Clause 3.8.22.
3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the
Work.
AfA DOCUtitEiVT A30t-GENERAL COND[TfONS OF THE CONTRACI' FOR CONSTRUCi[ON - 1497 ED[TION - AIA - COPYRIGHT 1997 - THE
AMERICAN INSTITUTE OF ARCHITEC7'S, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-539'?. WARN[NG: Unlicensed photocopying
violates U.S. copyriglit laws and wi11 subject the violator to legal prosecution. This document was electronically produced with pecmission of tha AIA and can be
reproduced without violation until the date of expiration as noted below.
Electronic Format A201-1997
User pocument: 97A201.CON -- 4/15/2000. AIA License Number 109766, which expires on 8/6/2000 -- Pa�e # 14
(t
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3.9 SUPEFitNTENDENT �
3.9.1 The Contractor shall employ a competent superintertdent and necessary assistants who shal! be in attendance at the
Project site during performance of the �Vork. Th� superintendent shall represent the Contractor, and communications given to the
superintendent shall be as bindinQ as if �iven to the Contractor. Important communications shall be confirmed in writinR. Other
communications shall be similarly confirmed on written reques[ in each case. �
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES '
3.10.1 The Contractor, promptly after bein� awarded the Contract, shall prepare and submit for the Owner's and Architect's
information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits cuRent under the
Con[ract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be
related to the entire Project to the extent required by the Contract Documents, and sha11 provide for expeditious and practicable
execution of the Work.
3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals w�hich is
coordinated with the Contractor's construction schedule and altows the Architect reasonable time to review submittals.
3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner
and Architect.
3.11 DOCUMEN7S AND SAMPLES AT THE SITE
3.11.1 'The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda,
Change Orders and other Modifications, in good order and marked cunently to record field changes and selections made during
construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These
shall be available to the Architect and shali be delivered to the Architect for submittat to the Owner upon completion of the Work.
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.12.1 Shop Drawings are drawings, dia�rams, schedules and other data speciaily prepared for the Work by the Contractor or a
Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.
3.12.2 Product Data are illuskiations, standard schedules, performance charts, instructions, brochures, dia�ran►s and other
informa[ion furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
3.y2.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittats are not Contract Documents. The purpose of their
submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way
by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract
Documents. Review by the Architect is subjec[ to the limitations of Subparagraph 4.2.7. Informational submittals upon which the
Architect is not expected to take responsive action may be so identified in the Contract Documen;s. Submitta(s whieh are not
required by the Contract Documents may be returned by the Architect without action.
3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop
Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in
such sequence as to cause no delay in the Worh or in tile activities of the Owner or of separate contractors. Submittals which are
not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned 6y the
Architect without action.
3.12.6 By approvinL and submitting Shop Drawin�s, Product Data, Samples and similar submittals, the Contractor represents
that the Contractor has deterrnined and verified materials, field measurements and tield construction criteria related thereto, or
will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Wo�k
and of the Contract Documents.
AIA DOCUMENT A301-GEIVERAL COiVD(TIONS OF THE CONTRAC'i' FOR CONSTRUCTION - 1497 ED[TiON - AtA - COPYR[GHT l997 - THE
Ah1ERICAN [NSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. �VARNfNG: Unlicensed photocoP7'�ng
violates U.S. copyright laws and will subject ihe violator to tegal pcosecution. This document was electronicaliy produced with permission of the AIA and can tx
reproduced without violation until the date of expiraiion as noted below.
Electronic For►nat A201-1997
User pocument: 97A201.CON -- 4/ l5/2000. AIA License Number 109766, which expires on 8/6/2000 -- P:iDe # 15
f
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3.12.7 The Contracror shall perform no portion oF [he �Vork for which [he Contract Documents require sub�iittal and review of
Shop Drawings, Prociuct Data, Samples or similar submittals until the respective submittal has been approved by the Architect.
3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of
responsibility for deviations from requirements of the Contract Documents by the Architect'sapprovai of Shop Drawin�s, Product
Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writin� of such'deviation at
the time of submittal and (I) the Architect has given written approval to the specific deviation as a minor chanae in the Work, or
(2) a Change Order or Construction Chan�e Directive has been issued authorizin� the deviation. The Contractor shall not be
relieved of responsibility for enors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's
approval thereof.
3.12.9 The Contractor shall direct speciFic attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or
similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written
notice the ArchitecYs approval of a resubmission shall not apply to such revisions.
3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or
engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the
Contractor needs to provide such services in order to carey out the Contractor'sresponsibilities for construction means, methods,
techniques, sequences and procedures. The Contractor shalt not be required to provide professional services in violation of
applicable law. If professional design services or certifications by a design professional related [o systems, materials or equipment
are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all perEormance
and design criteria that such services must satisfy. The Contractor shatl cause such services or certifications to be provided by a
proper]y licensed design professional, whose signature and seal shall appear on all drawings, calculations, speci�cations,
certiFications, Shop Drawin�s and other submittals prepared by such professional. Shop Drawincs and other submittals related to
the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when
submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness
of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have
specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph
3.12.10, the Architect H�.� i�view, approve o� take other appropriate action on submittals only for the limited purpose of checking
for conformance with ini�rmation given and [he design concept expressed in the Contract Documents. The Contractor shall not be
responsible for the adequacy of the performance or design criteria required by the Contract Documents.
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract
Documents and shall not unreasonably encumber the site with materials or equipment.
3.14 CUTTING AND PATCHING
3.14.1 The Contrac[or shall be responsible for cutting, fittin� or patching required to complete the Work or to make its parts fit
toget6er properly.
3.14.2 The Contractor shall not dama�e or endanoer a portion of the Work or fully or partially completed construction of the
Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall
not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of
such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from
the Owner or a separate contractor the Contractor's consent to cutting or otherwise alterin� the Work.
3.15 CLEANING UP
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project
waste materials, rubbish, the Contractor's toois, construction equipment, machinery and surplus materials.
3.15.2 If the Contractor fails ro clean up as provided in the Contract Documents, the Owner may do so and the cost thereof
AIA DOCUMENT A301-GENERAL CONllITlONS OF TNE CONTRACT FOR CONSTRUC'I'ION - 1997 EDITION - AlA - COPYR(GHT 1997 - THE
Ah1ERICAN lNST(TUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-529'_. WARNING: Unlicensed photocopy���
violates U.S. copyri�ht laws a�d will subjtct [he violator to legal prosecution. This document was electronicaily produced with permission of the AIA and can be
reproduced withour violation until the date of expiration as noted below.
Electronic Format A201-1997
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shall � charged to the Contractor. -
3.16 ACCESS TO WORK
3.16.1 The Contracror shall provide the Owner and Architect access to the Work in preparation and progress wherever located.
3.17 ROYALTIES, PATENTS AND COPYRIGHTS
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for inftingement of
copyrights and patent rights and shatl hoid the Owner and Architect harmless from loss on account thereof, but sha(I not be
responsible for such defense or loss when a particular desian, process or product of a particular manufacturer or manufacturers is
required by the Contract Documents or where the copyright violations are contairied in Drawin�s, Specifications or other
documents prepared by the Owner or Architecr. However, if the Contractor has reason to believe tt►at the required design, process
or product is an infringement of a copyright or a patent, the Contractor shatl be responsible for such loss unless such information
is promptly furnished to the Architect.
3.18 INDEMNIFICATION
3.18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project
Manaoement Proiective Liability insurance purchased by the Contractor in accordance with Paragraph 11.3, the Contractor shall
indemnify and hold harmless the Owner, Architect, Architect'sconsultants, and agents and employees of any of them from and
against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from
performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the Work itsel�, but only to the extent caused by the negligent
acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts
they may be liable, regardless of whether or not such claim, dama�e, loss or expense is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which
would otherwise exist as to a party or person described in this Paragraph 3.18.
3.18.2 In claims against any person or entity indemni�ed under this Paragraph 3.18 by an employee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification
obligation under Subparagraph 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits
payable by or t��r the Contractor or a Subcontractor under workers' compensation acts, disabi!ity beneft acts or other employee
benefit acts.
ARTICLE 4 ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT
4.1.1 The Architect is the person Iawfully licensed to practice architecture or an entity lawfully practicinQ architecture
identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized representative.
4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be
unreasonably withheld.
4.1.3 If the employment of the Architec[ is terminated, the Owner shall employ a new Architect a�ainst whom the Contractor
has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect.
4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT
4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an
Owner'srepresentative (1) during construction, (2) until final payment is due and (3) with the Owner'sconcurrence, from time to
time durin� the one-year period for correction of Work described in Paragraph 12.2. The Architect will have authority to act on
behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writin� in accordance
with other provisions of the Contract.
A[A DOCUh1ENT A201-GFNERAL CONDITIONS OF 7'HE CONTRAC"f FOR COfYSTRUC7'(ON - 1997 EDlT10N - AIA - COPYRIGHT 1997 - THE
AMERICAN [NSTITUTE OF ARCHITECfS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5392. WARNING: Unlicensed photocopy���
violates U.S. copyright laws and will subject the violator to legal prosecution. This da:ument was etectronically produced with permission of the AIA and can be
reproduced without violation until the date of expiration as noted below.
Electronic Format A201-1997
-- . User pocument: 97A201.CON -- 4/15/2000. AIA License,Number 109766, which expires on 8/6/2000 -- Page # 17
�
4.2.2 The Architect, as a representative oE the Owner, will visit the site at ir�[ervals appropriate to the sta�e of the Contractor's
operations (1) to become generally familiar with and to keep the Owner informed about the pro�ress and quality of the portion of
the Work completed, (2) to endeavor to guard the Owner abainst defects and deFiciencies in the Work, and (3) to determine in
general if the Work is being performed in a manner indicatiri� that the Work, when futiy completed, will be in aecor@ance evith
the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspec.tions to
check the quality or quanti[y oF the Work. The Architec[ will neither have control over or charge of, nor be responsible for, the
construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with
the Work, since these are solely the Contractor's ri�hts and responsibilities under the Contract Documents, except as provided in
Subpara;raph 3.3.1.
4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the
requirements of the Contract Documents. The Architect will not have control over or charQe of and wili not be responsib(e for
acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing
portions of the Work.
4.2.4 Communications Facititating Contract Administration. Except as otherwise provided in the Contract Documents or
when direct cornmunications have been specially authorized, the Owner and Con[ractor shall endeavor to communicate with each
other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's
consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through
the Contractor. Communications by and with separa[e contractors shall be [hrough the Owner.
4.2.5 Based on the Architect'sevaluations of the Contractor'sApplications for Payment, the Architect wilt review and certify
the amounts due the Contractor and will issue Certificates for Payment in such amounts.
4.2.6 The Architect witl have authority to reject Work tha[ does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the tiVork in -
accordance with Subparaaraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or cornpleted. However,
neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall
give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their
. agents or employees, or other persons or entities performing portions of the Work.
4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and
the design concept expressed in the Contract Documents. The Architect'saction will be taken with such reasonable promptness as
to cause no delay in the Work or in the ac[ivities of the Owner, Contractor or separate contractors, while allowing sufficient time
in the Architect'sprofessiona] judgment to permit adequate review. Review of such submittals is not conducted for the pucpose of
determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions
for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by
the Contract Documents. The Architec['sreview of the Contractor'ssubmittals shall not relieve the Contractor of the obligations
under Para�raphs 3.3, 3.5 and 3.12. The Architect'sreview shall not constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's
approval of a specific item shall not indicate approval of an assembly of which the item is a component.
4.2.8 The Architect will prepare Chan�e Orders and Construction Change Directives, and may authorize minor changes in thc
Work as provided in Paragraph 7.4.
4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final
completion, wiil receive and forward to the Owner, for the Owner'sreview and records, written warranties and related documents
required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the
requirements of the Contract Documents.
4.2.10 If the Owner and Architect a�ree, the Architect will provide one or more project representatives to assist in carrying out
the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives
shall be as set forth in an exhibit to be incorporated in the Contract Documents.
A(A DOCUMENT A301-GENERAL CONDIT'IONS OF THE CONTRACT FOR CONSTRUCI'tON - 1997 EDITION - AIA - COPYR(GHT 1997 - THE
AMER[CAN INSTITUTE OF ARCHITECTS, 173i NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARVING: Unlicensed photocop)'��S
violates U.S. copyright laws anJ will subject thz viotator to legai prosecution. 7'his da:umznt �vas electronically produced with permission of the AlA anJ can tx:
reproduccd without violation until the date of expiration as noted below.
Electronic Format AZO t-1997
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4.2.11 Thz Architect will interpret and decide matters concernin� perfo�mance under, and requirements oF, the Contract
Documents on written request of either the O�vner or Contractor. The Architect's response to such requests wil( be made in
writing within any time limits aoreed upon or otherwise w�ith reasonable promptness. If no agreement is made concerning the time
within which interpretations required of the Architect shall be furnished in compliance with this Para�raph 4.2, then delay shall
not be recognized on account of failure by the Architect to furnish such intetpretations until 15 days after written request is made
for them. �
4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the
Contract Documents and will be in writin� or in the fonn of drawings. When making such interpretations and initial decisions, the
Architect wili endeavor to secure faithful performance by both Owner and Contractor, will not show partiality ro either and wi1l
not be liable for results of interpretations or decisions so rendered in good faith.
4.2.13 The Architect'sdecisions on matters relatin� to aesthetic effect will be final if consistent with the intent expressed in the
Contract Documents.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of ri�ht, adjustment or
interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract.
The term "Claim" also includes other disputes and matte:s in question between the Owner and Contractor arising out of or
relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the
party making the Claim.
4.3.2 Time Limits on Claims. Claims by either parry must be initiated within 21 days after occurrence of the event giving rise
to such Claim or wi[hin 2l days after the claimant first recoonizes the condition giving rise to the Claim, whichever is later.
Claims must be initiated by written notice to the Architec[ and the other party. �
4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as
provided in Subparagraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the
Owner shall continue to make payments in accordance with the Contract Documents. _
4.3.4 Claims for Concealed or Unknown Conditions. If conditions are �ncountered at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materially from those indicated in the Con[ract Documents or (2) unknown
physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as
inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party
shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance
of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or
decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable
adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not
materially different from those indicated in the Contract Documents and that no chan�e in the terms of the Contract is justified,
the Architect shall so notify the Owner and Contractor in writin�, statin� the reasons. Claims by either parry in opposition to such
determination must be made within 2l days after the Architect has given notice of the decision. If the conditions encountered are
materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot
agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial
determination, subject to further proceedin�s pursuant to Para�raph 4.4. •
4.3.5 Claims for Additional Cos� IF the Contracror wishes to make Claim for an increase in the Contract Sum, written notice
as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relatin� to an
emergency endangerinQ life or property arising under Paragraph 10.6.
4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretatio�i
from the Architect, (2) an order by the Owner ro stop the Work where the Contractor was not at fault, (3) a written order for a
minor chan�e in thc �Vork issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the
Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Para=raph 4.3.
AIA DOCUMENT A201-GENERA[, CONDITIONS OF THE CONTRACT FOR CONSTRUC'fION - 1997 EDITION - AIA - COPYR(GHT I997 - THE
AMERICAN INST(TUTE OF ARCHITECTS. I735 NEW YORK AVENUE N.W., WASH[NGTON, D.C. 20006-539?. WARNING: Unlicensed phota:opyin�
violates U.S. cupyright laws and will subject the violator to le�al prosecution. This document was electronically prafuccd with pecmission of the AI.4 and can br.
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4.3.7 Ciaims for Additional Time �
4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein sha!] be
�iven. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on proeress of the Work. In the
case of a continuin� delay oniy one Claim is necessary.
4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data
substantiating that weathzr conditions were abnormal for the period of time, could not have been reasonably anticipated and had�
an adverse effect on the scheduled construction.
4.3.8 Injury or Damage to Person or Property. If either party to the Contrac[ suffers injury or damage to person or property
because of an act or omission of the other pacty, or of others for whose ac[s such party is le�ally responsible, written notice of
such injury or damage, whether or not insured; shall be �iven to the other party within a reasonable time not exceedinc 21 days
after discovery. The notice shall provide sufficient detail [o enable the other party to investigate the matter.
4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such
unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices
shall be equitably adjusted.
4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential
damages arising out of or relating to this Contract. Ttiis mutual waiver includes:
.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and
reputatio�, and for loss of management or employee productivity or of the services of such persons; and
.2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed
there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arisin� directly
from the Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance
with Article 14. Nothing contained in this Subparagcaph 4.3.10 shall be deemed to preclude an award of liquidated direct
damages, when applicable, in accordance with the requirements of the Contract Documents.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 Deeision of ArcF►itect� Claims, including those alleging an error or omission by the Architect but excluding those arisinQ
under Paragraphs 103 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect
shall be required as a condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner
arising prior to [he date final paymen[ is due, unless 30 days have passed after the Claim has been referred to the Architect with
no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or
entities other than the Owner.
4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following
actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2)
reject the Claim in whole or in part, (3) approve the Claim, (4) su�gest a compromise. or (5) advise the parties that the Architect
is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect
concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim.
4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party
or from persons with special knowledae or expertise who may assist the Architect in renderin� a decision. The Architect may
request the Owner to authorize retention of such persons at the Owner's expense.
4,4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supportino data, such party shall
respond, within ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise
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the Architect when the resp�nse or supportinQ data will be t'urnished or advise the Architect that no supportin� d�a wi11 be
furnished. Upon receipt of the response or supportino data, if any, the Architect will either reject or approve the Claim in �a�hole
or in part.
4.4.5 The Architect will approve or reject Claims by written decision, which shail state the reasons [herefor and �vhich shall
notify the parties of any chan�e in the Contrac[ Sum or Contract Time or both. The approval or rejection of a Claim by the
Architect shall be fina] and binding on the parties but subject to mediation and arbitration. ,
4.4.6 �Vhen a written decision of the Architect states that (1) the decision is final but subject to mediation and arbitration and
(2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on w�hich the party
makinC the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in
the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after
arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration
proceedings unless the decision is acceptable to all parties concerned.
4.4.7 Upon receipt of a Claim asainst the Contractoc or at any time thereafter, the Architect or the Owner may, but is not
obli�ated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's
default, the Architect or the Owner may, but is not obli�ated to, notify the surety and request the surety'sassistance in resolvin�
the controversy.
4.4.8 If a Claim relates to or is the subject of a mechanic'slien, the party asserting such Claim may proceed in accordance with
applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect, by mediation or
by arbitration.
4.5 MEDIATION
4.5.1 Any Claim arisina out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as
provided for in Subparagraphs 4.3.10, 9.10.4 and 9.10.5 shall, after initial decision by the Architect or 30 days after submission
of the Claim to the Architect, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable
proceedings by either party.
4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall
be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currendy in effect.
Request for mediation shall be iiied in writing wi[h the other party to the Contract and with the American Arbitration Association.
The request may be made concurrently with the �ling of a demand for arbitration but, in such event, mediation shall proceed in
advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the
date of filing, unless stayed for a longer period by agreement of the parties or court order.
4.5.3 The parties shall share the mediator'sfee and any filing fees equally. The mediation shall be held in the place where the
Project is located, unless another location is mutually agreed upon. Ao eements reached in mediation shall be enforceable as
settlement agreements in any cour[ having jurisdiction thereof.
4.6 ARBlTRATION �
4.6.1 Any Claim arisina out of or related to the Contract, except Claims relatin� to aesthetic effect and except those waived as
provided for in Subparagraphs 4.3.10, 9.10.4 and 9.10.5, shall, after decision by the Architect or 30 days after submission of the
Claim ro the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to resotve disputes by mediation in
accordance with the provisions of Para�raph 4.5.
4.6.2 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall
be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect.
The demand for arbitration shail be filed in wri[ing with the other parry to the Contract and with the American Arbitration
Association, and a copy shal] be filed with the Architect.
4.6.3 A demand for arbitra[ion shall be made within the time limits specified in Subparagraphs 4.4.6 and 4.6.1 as applicable,
and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when
AIA DOCUMENT A201-GENERAL CONDIT(ONS OF THE CONTRACT FOR CONSTRUCTIOI3 - 1997 EDITIOtd - AIA - COPYRIGHT 1997 - TNE
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institution of le�al.-`or equitable proceedinQs based on such Claim would be barred by the applicable statute of limitations as
determined pursu�nt to Para�raph 1�.7.
4.6.4 Limitation on Consotidation or Joinder. No arbitration arisin� out of or relatin� to the Contract shall include, by
consolidation or joinder or in any other manner, the Architect, the Architect'semployees or consultants, except by written consent
containinQ specific reference to the Agreement and si�ned by the Architect, Owner, Convactor and any other person or entity
sou�ht to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner,
Contractor, a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact
or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner,
Contractor or a separate contractor as described in Article 6 shall be included as an ori=inal third party or additional third party to
an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall
not constitute consent to arbitration of a Claim no[ described therein or with a person or entity not named or described therein.
The foregoing a�reement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by
parties to the Agreement shall be specifically enforceable under applicablz law in any court havin� jurisdiction thereof.
4.6.5 Claims and Timely Assertion of Ciaims. The party �ling a notice of demand for arbitration must assert in the demand
all Claims then known to that party on which arbitration is permitted to be demanded.
4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be
entered upon it in accordance with applicable law in any court having jurisdiction thereof.
ARTICLE 5 SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at
the site. The term "Subcontractor" is referred to thraughout the Contract Docoments as if singular in number and means a
Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate
contractor or subcontractors of a separate contractor.
5.1.2 A Sub-subcantractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion
of the Wo�k at the site. The term "Sub-subcontractor" is referred to throughou[ the Contract Documents as if singular in number
and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable
after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including
those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work.
The Architect will prompdy reply to the Contractor in writing stating whether or not the Owner or the Architect, after due
investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly
shall constitute notice of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable
and timely objection. The Contractor shall not be required ro contract with anyone to whom the Contractor has made reasonable
objection.
5.2.3 If the Owner or Architect has reasonable objection to a person or entiry proposed by the Contractor, the Contractor shall
propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was
reasonably capable of performin� the Work, the Contract Sum and Contract Time shall be increased or decreased by the
difference, if any, occasioned by such change, and an appropriate Chan�e Order shall be issued before commencement of the
substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change
unless the Contractor has acted promptly and responsively in submitting names as required.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes
reasonable objection to such substitute.
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5.3 StlSCONiRACTUAL RELATiONS /
5.3.1 By appropriate a�reement, written where legally required for validity, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents,
and to assume toward the Contractor all the obli�ations and responsibilities, includin� the responsibility for safety of the
Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract
agreement shal! preserve and protect the riahts of the Owner and Architect under the Contract Documents with respect to the
Work to be performed by the Subcontractor so that subcontractin� thereof will not prejudice such ri�hts, and shall allow to the
Subcontractor, unless specifically provided otherwise in the subcontract ab eement, the benefit of all rights, remedies and redress
against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor
shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shal] make available to
each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of.the Subcontractor, identify to the Subcontractor terms and conditions of
the pcoposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make
copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and
only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contracror in
writing; and
.2 assignment is subject to the prior richts of the surety, if any, obligated under bond relatins to the Contract.
5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, tf�e Subcuntractor's compensation sha(1
be equitably adjusted for increases in cost resulting from the suspension.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
6.1.1 The Owner reserves the right tu perform construction or operations related to the Project with the Owner'sown forces,
and to award separate contracts in conneetion with other portions of the Project or other construction or operations on the site
under Conditions of the Contract identica[ or substantia(Iy similar to these ine(uding those portions reiated to insurance and
waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the
Contractor shall make such Claim as provided in Paragraph 4.3.
6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site,
the term "Contractor" in the Contract Documents in each case shall mean the Contracror who executes each separate
Owner-Contrac[or Agreement.
6.1.3 The Owner shal( provide for coordination of the activities of the Owner's own forces and of each separate contractor
with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors
and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the
construction schedule deemed necessary after a joint review and mutual a�reement. The construction schedutes shall then
constitute the schedules to be used by the Contractor, separate contractors and the Other until subsequently revised.
6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to
the Project with ihe Owner'sown forces, the Owner shall be deemed to be subject to the same obligations and to have the same
rights which apply ro the Contractor under the Conditions of the Contract, includin�, without excludin� others, those stated in
Article 3, this Article 6 and ARicles 10, 11 and 12.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shall afford the Owner and separate contracrors reasonable opportunity for introduction and stura;;c of
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their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor'scon'struction
and operations with theirs as required by the Contract Documents.
6.22 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or
a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect
apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.
Failure of the Contractor so to report shall constitute an acknowledament that the Owner'sor separate contractor'scompleted or
partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably
discoverable. '
6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate
contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be
responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the
Work or defective construction of a separate contractor.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to com�leted or partially completed
construction or to property of the Owner or separate contractors as provided in Subparagraph 102.5.
6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for
the Contractor in Subparaoraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises amono the Contractor, separate contractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surroundinD area free from waste materials and rubbish, the Owner may
clean up and the Architect will allocate the cost among those responsible.
ARTICLE 7 CHANGES IN THE WORK
7.1 GENERAL
7.1.1 Changes in the Work may be accomplished after execution of the Contraci, and without invalidating the Contract, by
Change Order, Construction Ch.�noe Directive or order for a minor change in the Work, subject to the ]imit. «uns stated in this
Article 7 and elsewhere in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Contraeior and Architeci; a Construciion Change
Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a
minor change in the Work may be issued by the Architect alone.
7.1.3 Changes in the Work shall be performed under applicable provisiorts of ihe Contract Documents, and the Contractor
shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor
change in the Work.
7.2 CHANGE �RDERS
7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect,
stating their agreement upon all of the following:
.i change in the Work;
.2 the amount of the adjustment, if any, in the Contract Sum; and
.3 the extent of the adjustment, if any, in the Contract Time.
7.2.2 Metllods used in determinin� adjustments to the Contract Sum may include those tisted in SubparaQraph 7.33.
7.3 CONSTRtlCTtON CHANGE DIRECTIVES
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7.3.1 A Construction Change Directive is a written ord�� prepared by the Architect and signed by the Owner and Architect,
directin� a chan�e in the Work prior to aQreement on a�ustment, if any, in the Contract Sum or Contract Time, or both. The
Owner may by Construction Change Directive, without invalidating the Contract, order chan�es in the Work within the general
scope of the Contract consisting of additiuns, deletions or other revisions, the Contract Sum and Contract Time bein� adjusted
accordinaly.
7.3.2 A Construction Change Directive shall be used in the absence of total a�reement on the terms of a Chan�e Order.
7.3.3 If the Construction Change Directive provides t'ur an adjustment to the Contract Sum, the adjustment shall be based on
one of the following methods:
.1 mutual acceptance of a lump sum properly itemized and supported by suFficient substantiating data to permie
evaluation;
.2 unit prices stated in the Contract Documents or subsequently agreed upon;
3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or
.4 as provided in Subparagraph 7.3.6.
7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work
involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the
Construction Change Directive for determining tHe proposed adjustment in the Contract Sum or Contract Time.
7.3.5 A Construction Chanae Directive signed by the Contractor indicates the agreement of the Contractor therewith, including
adjustment in Contract Sum and Contract Time or the method for determinin� them. Such agreement shall be effective
immediately and shall be recorded as a Change Order.
7.3.6 If the Contracr�r does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the
method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those
performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for
overhead and profi[. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the
Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the
Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following:
1 costs of labor, including social security, old age and unemployment insurance, frin�e benefits required by a�reement
or custom, and workers' compensation insurance;
.2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;
.3 renta] costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others;
.4. costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and
.5 additional costs of supervision and field office personnel directly attributable to the chan�e.
7.3.7 The amount of credit to be allowed by the Contracror to the Owner for a deletion or chanae which results in a net
decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering
related Work or substitutions are involved in a change, the allowance for overhead and proFit shall be fiRured on the basis of net
increase, if any, with respect to that change. �
AfA DOCUb1ENT AZO1-GENERAL CONDITfONS OF THE CONTRACT FOR CONSTRUCT[ON - 1997 EDITION - A1� - COPYRIGHT 1997 - THE
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7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts no[ in dispute for ,�/
such changes in the Work shall be included in Applications for Payment accompanied by a Chan�e Order indicating the panies'
agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim
determination for purposes of monthly certiFication for payment for those costs. 'fhat determination of cost shall adjust the
Contract Sum on the same basis as a ChanLe Order, subject to the right of either party to disa�ree and assert a claim in
accordance with Article 4.
7.3.9 When the Owner and Contractor aaree with the determination made by the Architect concernin� the adjustments in the
Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such aQreement shall be effective
immediately and st�atl be recorded by preparation and execution of an appropriate Change Order.
7.4 MINOR CHANGES IN THE WORK
7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or
extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such chanses shall be effected by
written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly.
ARTICLE 8 TIME
8.1 DEFINITIONS
8.1.1 Unless otherwise provided, Coi�tract Time is the period of time, including authorized adjustments, allotted in the
Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement.
8.1.3 � The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documen[s shall mean caiendar day untess otherwise specifically defined.
8.2 PROGRrSS AND COMPLETION �
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the
Contractor confirms that the Contract Time is a reasonable period for performina the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence
operations on the site or elsewhere prior to the effective date of insurance required by Article i l to be furnished by the Contractor
and Owner. The date of commencement of the Work shal] not be changed by the effective date of such insurance. Unless the date
of commencement is established by the Contract Documents or a notice to proceed given by the Owner, the Contractor shall
notify the Owner in writing not less than five days or other agreed period before commencin� the Work to permit the [imely filing
of mortgages, mechanic's liens and other security interests.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the
Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME .
8.3.1 If the Contractor is delayed at any time in the commencemen[ or progress of the Work by an act or neglect of the Owner
or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work,
or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor'scontrol, or
by delay authorized by the Ownzr pendin� mediation and arbitration, or by other causes which the Architect deternlines may
justify delay, then the Contract Time shall be extended by Chan�e Order for such reasonable time as the Architec[ may determine.
8.3.2 Claims rela[ing to time shall be made in accordance with applicable provisions of Para�raph 4.3.
AIA DOCUMENT A201-GENER.4L CONDIT(ONS OF THE CONTRACT FOR CONSTRUCTION - l997 EDIT(ON - AIA - COPYRIGHT 1997 - THE
AhtER(CAN INSTITUTE OF ARCHITECTS, l735 NEW YORK AVENUE N.W., WASH[NGTON, D.C. 20006-529?. WARN[NG: Uniicensed photocopying
vioiatts U.S. copyright laws and will subje�t the violator to legal prosecution. This dixument was electronically produced with permission of the AlA and can be
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8.3.3 This ParaQraph 8��jdoes not preclude recovery of damages for delay by either party under other provisi8ns of the
Contract Documents.
ARTICLE 9 PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the
Owner to the Contractor for performance of the Work under the Contract Documents. '
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to
various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may
require. This schedule, unless objected to by the Architect, sha(1 be used as a basis for reviewing the Contractor'sApplications for
Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an
itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be
notarized, if required, and supported by such data substantiating the Contractor'sright to payment as the Owner or Architect may
require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retaina�e if provided for in the
Contract Documents.
9.3.1.1 As provided in Subparagraph 73.8, such applications may include requests for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but
not yet included in Change Orders.
9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not
intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor
intends to pay. �
9.3 1 Unless otherwise provided in [he Contract Documents, payments shall be made on account of materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment
may similarly be made for materials and equipment suitably stored off the site at a location ao eed upon in writing. Payment for
materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures
satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,
and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored
off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later
than the time of payment. The Con[ractor further warrants that upon submittal of an Application for Payment all Work for which
Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the
Contractor, Subcontractors, materiat supptiers, or other persons or enti[ies making a claim by reason of having provided labor,
materials and equipment rela[ing to the Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will, within seven days after receipt of the Contrac[or'sApplication for Payment, either issue to the Owner
a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the
Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in
Subparagraph 9.5.1.
9.4.2 The issuance of a Certificate for Payment will constiwte a representation by the Architect to the Owner, based on tfic
Architect°s evaluation of the Work and the data comprising the Application for Payment, that the Work has pro�ressed to the
point indicated and that, to the best of the Architect'sknowledge, information and belief, the quality of the Work is in accordancc
AIA DOCUMENT A20]-GENERAL COND(T(ONS OF THE CONTRACT FOR CONSTRUC'1'ION - 1997 EDITfOY - AIA - COPYR[GHT 1997 - THE
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with [he Contract Documents. The fore�oins representations are subject to an evaluation of the Work for conformanc� with the
Contract Documents upon Substantial Completion, to results of subsequent tests and inspzcti�s, to correction of minor
deviations from the Contract Documents prior ro completion and to specific qualifications expressed by the Architect. The
issuance of a Certificate for Payment will further constitute a representation that [he Contractor is entitled to payment in the
amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means,
meihods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and materia(
suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to
ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 The Architect may withhold a Certifcate for Payment in whole or in part, to the extent reasonably necessary to protect
the Owner, if in the Architect'sopinion the representations to the Owner required by Subpara�raph 9.4.2 cannot be made. If the
Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as
provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly
issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The
Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or
a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect'sopinion to protect the
Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in
Subparagraph 3.3.2, because of:
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating probabie filin� of such claims unless security acceptable to
the Owner is provided by the Contractor;
.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
.5 damage to the Owner or another contractor;
.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance
would not be adequate to cover actual or liquidated damages for the anticipated delay; or
.7 persistent failure to carry out the Work in accordance with the Contract Documents.
9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously
withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has issued a CeRificate for Payment, the Owner shall make payment in the manner and within the
time provided in the Contract Documents, and shall so notify the Architect.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid .
to the Contractor on account of such Subcontraetor's portion of the Work, the amount to which said Subcontracror is entitled,
retlecting percenta�es actually retained from payments to the Contractor on account of such Svbcontractor's portioR of the tiVork.
"The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments ro
Sub-subcontractors in a similar manner.
9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, infoRnation regarding percentages of
completion or amounts applied for by the Contractor and action taken thereon by the Architec[ and Owner on account of portions
of the Work done by such Subcontractor.
AlA DOCUNtENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - t997 EDITION - AIA - COPYRIGHT 1997 - THE
AMER[CAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed phota'opYin�
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-9.5.4 Neither [he Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor
�except as may otherwise be required by la���.
9.6.5 Payment to materiat suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and
9.6.4.
9.6,5 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shalt not
constitute acceptance of Work not in aceordance with the Contract Documents. '
9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, paymcnts
received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those
Subcontractors or suppliers who performed Work or furnished materials, or both, under contraci with the Contractor for which
payment was made by the Owner. Nothin� contained herein shall require money to be placed in a separate account and not
commingled with money of the Contractor, sha(1 create any fiduciary Iiability or tort liability on the part of the Contractor for
breach of trust or shall entitle any person or entity to an award of punitive damages a�ainst the Contractor for breach of the
requirements of this provision.
9.7 FAILURE OF PAYMENT
9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
receipt of the Contractor'sApplication for Payment, or if the Owner does no[ pay the Contractor within seven days after the date
established in the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may,
upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been
received. 'fhe Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the
Contractor's reasonabie costs of shut-down, detay and start-up, ptus interest as provided for in the Contract Documents.
9.8 SUBSTANTIAL COMPLETtON
9.8.1 �Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is
sufficiendy complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its
intended use.
9.8.2 When the Contrac[or considers that the Work, or a portion thereof which the Owner agrees to accept separately, is -
substantially complete, the Contractor shall prepare and submit lo the Architect a comprehensive list of items to be completed or
corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to
complete all Work in accordance with the Contract Documents.
9.8.3 Upon receipt of the Contractor'slist, the Architect will make an inspection to de[ermine whether the Work or designated
portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not inciuded on the
Contractor'slist, which is no[ sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or
utilize the Work or designated portion thereof for its intended use, the Contractor sha11, before issuance of the Certificate of
Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then
submit a request for another inspection by the Architect to determine Substantial Completion.
9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of
Substantiai Completion which shaii establish the date af Substantiai Completion, shall establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, dama�e to the Work and insurance, and shall fix the time within which the
Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall
commence on the date of Substantial Completion of the Work or desi�nated portion thereof unless otherwise provided in the
Certificate of Substantial Completion.
9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of
responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make
payment of retainace applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is
incomplete or not in accordance with the requirements of the Contract Documents.
AtA DOCUh1ENT A201-GENERAL CONDIT[ONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - A[A - COPYRIGHT 1997 - THE
AMERICAN INSTITUTE OF ARCHITECfS. 1735 NEW YORK AVENUE N.W., WASHINGTON. D.C. 2UW�5392. WARNIVG: Unlieensed pF�otocoPY��°
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9.9 PARTIAL OCCUPANCY OR USE f� �
9.9.1 'I'he Owner may occupy or use any comple[ed or partially cor�ipleted portion of the Work at any sta�e when such portion
is desienated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as
required under Clause 11.4.1.5 and authorized by public authorities havine jurisdiction over the Work. Such partial occupancy or
use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in
writinL the responsibilities assiQned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, dama�e
to the Work and insurance, and have agreed in writina concerning the period for correction of the Work and commencement of
warranties required by the Con[ract Documents. When the Contracror considers a portion substantially complete, the Contractor'
shall prepare and submit a list to the Architect as provided under Subparaaraph 9.8.2. Consent of the Contractor to partial
occupancy or use shall not be unreasonably withheld. The sta�e of the proQress of the Work shall be determined by written
agreement between the Owner and Contractor or, if no aoreement is reached, by decision of the Architect.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to
be occupied or portion of the Work to be used in order to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of th� Work shall not constitute
acceptance of Work not complying with the requirements of the Contract Documents.
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final
Application for Payment, the Architec[ will promptly make such inspection and, when the Architect finds the Work acceptable
under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment
stating that to the best of the Architect'sknowled�e, information and belief, and on the basis of the Architect'son-site visits and
inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire
balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect'sfinal Certificate for
Payment will constiwte a further representation that condi�ions listed in Subparagraph 9.10.2 as precedent to the Contractor's
being entitled to final payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the
Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for
which the Owner or the Owner'sproperty might be rc:.ponsibie or encumbered (less amounts withheld by Owner) have been paid
or otherwise satisfied, (2) a certifccate evidencing that insurance required by the Contract Documents to remain in force after final
payment is currently in effect and will not be canceled or allowed to expire untit at least 30 days' prior written notice has been
given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be
renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if
required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of
liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated
by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond
satisfactory to the Owner to indemnify the Owner against such lien. Tf such lien remains unsatisfied after payments are made, the
Contractor sha11 refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, includina all
costs and reasonable attorneys' fees.
9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed throu?h no fault of the
Contractor or by issuance of Change Orders affectin� �nal completion, and the Arctli[ect so confirms, the Owner shall, upon
application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the
balance due for that portion of the Work fully completed and accepted. If the remainin� balance for Work not fully completed or
corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of
surety to payment of the balance due for that poRion of the Work fully cort�pieted and acceptec3 shall be submitted by the
Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
9.1 Q.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsetded;
AIA DOCUMENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCT(ON -(997 ED[T[ON - AIA - COPYR(GHT 1997 - TNE
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.2 fai►ure of the Work to comply with the requirements of the Contract Documents; or
3 terrns of special warranties required by the Contract Documents.
9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shail constitute a waiver of claims
by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for
Payment.
ARTfCLE 10 PROTECTiON OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.� The Contractor shall be responsible for initiatinc, maintaininC and supecvising all safety precautions and pro�rams in
connection with the perEormance of the Contract.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent
damaae, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incocporated therein, whether in storage on or off the site, under care,
custody or control of tlie Contractor or the Contractor's Subcontractors or Sub-subcontractors; and
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or replacement in the course of construction.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of
public authorities beazing on safety of persons or property or their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and muintain, as required by existing conditions and performance of the Contract, reasor�able
safeguards for safety and protection, including pos[ing danger signs and other warnings aoainst hazards, piomulgatin� safety
regulations and notifying owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for
execution of the Work, the Contractor shali exercise utmost care and carry on such activities under supervision of proper;y
qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance
required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the
Contcactor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for
whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.13, except dama�e or
loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by
anyone for whose acts either of them may be liable, and not attributable to the fault or negli�ence of the Contractor. The
foregoin� obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall bc thc
prevention of accidents. This person shall be the Contractor's superintendent unless otherwise desi�nated by the Contractor in
wri[in� to the Owner and Architect.
10.2.7 'The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safcty.
10.3 HAZARDOUS MATERIALS
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I
10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resultirr� from a
rnaterial or substance, including but n�t limited to asbestos or po(ychlorinated biphenyl (PCB), encountered on the site by the
Contractor, the Contractor shall, upon reco�nizin� the condition, immediately stop Work in the affected area and repoR the
condition to the Owner and Architect in writin�.
10.3.2 The Owner shali obtain the services of a licensed laboratory to verify the presence or absence of the material or
substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been
rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor'
and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of
such material or substance or who are to perform the task of removal or safe containment of such material or substance. The
Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to
the persons or entities proposed by the Owner. If eittter the Contractor or Arc�iitect has an objection to a person or entity proposed
by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the
material or substance has been rendered harrnless, Work in the affected area shall resume upon written agreement of the Owner
and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the
Contractor'sreasonable additional costs of shut-down, delay and start-up, which adjustments shall be accomplished as provided in
Article 7.
10.3.3 To the fullest extent permitted by law, the Owner shail indemnify and hold harmless the Contractor, Subcontractors,
Architect, Architect's consultants and agents and employees of any of them from and against claims, dama�es, losses and
expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area
if in fact the material or substance presents the risk of bodily injury or death as described in Subparaaraph 10.3.1 and has not been
rendered harmtess, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death,
or to injury to or destruction of tangible property (other than the Work i[selfl and provided that such dama?e, loss or expense is
not due to the so(e negligence of a party seeking indemnity.
10.4 ` The Owner shall not be responsible under Paragraph 10.3 for materials and substances brought to the site by the
Contractor unless such materials or substances were required by the Contract Documents.
10.5 If, without negiigence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a
hazardous material or substanc�: sc�lely by reason of performing Work as required by the Contract Document�, .he Owner shall
indemnify the Contractor for all cost and expense thereby incurred.
10.6 EMERGENCIES
10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to
prevent threatened dama�e, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of
an emergency shall be deterrnined as provided in Paragraph 43 and Article �.
ARTICLE 11 INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the
jurisdiction in which [he Project is located such insurance as will protect the Contractor from claims set forth below which may
arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be le�ally liable,
whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,
or by anyone for whose acts any of them may be liabie:
.1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable
to the Work to be performed;
.2 claims for dama�es because of bodily injury, occupational sichness or disease, or death of the Contractor's
employees; �
.3 claims for dama�es because of bodily injury, sickness or disease, or death of any person other than the Contractor's
A(A DOCUMENT A201-GENERAL CONDIT(ONS OF THE CONTRACI' FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE
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employees;
.4 claims for dama�es insured by usual personal injury liability coveraQe;
!
r'
�
.5 claims for dama�es, other than to the �Vork itself, because of injury to or destruction of tangihle property, includin�
loss of use resulting therefrom;
.6 claims for damages because of bodily injury, death of a person or property dama?e arisin� out of owne�ship,
maintenance or use of a motor vehicle;
.7 claims for bodily injury or property dama�e arising out of completed operations; and
.8 ciaims involvin� contractuai liability insurance appticable to the Contractor's oblisations under Para�raph 3.13,
11.1.2 The insurance required by Subparagraph 11.1.1 sha11 be written for not tess than limits of iiability specitied in the
Contract Documents or required by law, whichever coverage is greater. Coverages, whether wriue❑ on an occurrence or
ciaims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment
and termination of any coverage required to be maintained after final payment.
11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work.
These certificates and the insurance poticies required by this Paragraph 11.1 shall contain a provision that coverages afforded
under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the
Owner. If any of the foregoing insurance coverages are required to remain in force after �nal payment and are reasonably
avaitable, an additional certificate evidencing continuation of such coverage sha11 be submitted with the finai Appiication for
Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage on account of revised limits or
claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness in accordance
with the Contractor's information and belief.
11.2 OWNER'S LIABILITY INSURANCE
'f 1.2.1 The Owner shali be responsible for purchasing and maintaining the Owner's usual liability insurance.
y1.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE
11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protec[ive Liability
insurance from the Contractor'susual sources as primary coveraoe for the Owner's,Contractor'sand Architect'svicarious liability
for eonstruction operations under the Contcact. Unless otherwise required by the Contract Documents, the Owner shall reimburse
the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage,
and the Contractor shall not be responsible for purchasinD any other liability insurance on behalf of the Owner. The minimum
limits of liability purchased with such coverage shall be equa] to the a��regate of the limits required for Contractor's Liability
Insurance under Clauses 11.1.1.2 through i 1.1.I.5.
11.3.2 To the extent damages are covered by Project Mana�ement Protective Liability insurance, the Owner, Contractor and
Architect waive all rights against each other for dama�es, except such ri�hts as they may have to the proceeds of such insurance.
The policy shall provide for such waivers of subrogation by endorsement or otherwise.
11.3.3 The Owner shall not require the Contractor to inciude the Owner, Architect or other persons or entities as additional
insureds on the Contractor's Liability Insurance covera�e under Paragraph ] 1.1.
11.4 PROPERTY iNSURANCE
11.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do
business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent
policy form in the amount of the initiat Contract Sum, plus vaiue of subsequent Contract modi�cations and cost of materials
supplied or installed by others, comprising total value for th� entire Project at the site on a replacement cost basis without
optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or
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otherwise`agreed in writin_ by all persons and entities who an: beneficiaries of such insurance, until final payment has 6een made
as prov�ded in Parasraph 9.10 or until no person or entity other than tne Owner has an insurable interest in the property requireil
by this Para�raph 11.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor,
Subcontractors and Sub-subcontractors in the Project.
11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance
against the perils of fire (with extended coverage) and physical.loss or damage including, without duplication of coverage, theFt,
vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testin� and startup, temporary buildin�s and
debris removal includin� demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable
compensation for Architect's and Contractor's services and expenses required as a result of such insured loss.
11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the
covera�es in the amount described above, the Owner shall so inform the Contractor in writinQ prior to commencement of the
Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and
Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the
Contractor is dama�ed by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so
notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto.
11.4.1.3 If the property insurance reyuires deductibles, the Owner shall pay costs not covered because of such deductibles.
11.4.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit.
11.4.1.5 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or
companies providino property insurance have consented to such partial occupancy or use by endorsement or otherwise. The
Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without
mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction
ofinsurance.
11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by
the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final
acceptance hy tl�e Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors
in the Work, and the Owner and Contractor shalt be named insureds.
11.4.3 Loss of Use Insurance. The Owner, at the Owner'soption, may purchase and maintain such insurance as will insure the
Owner agains[ loss of use of the Owner'sproperty due to fire or other hazards, however caused. The Owner waives all rights of
action against the Contractor for loss of use of the Owner'sproperty, including consequential losses due to fire or other hazards
however caused.
11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of
loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall
be charged to the Contractor by appropriate Change Order.
11.4.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site
by property insurance under po(icies separate from those insuring the Project, or if after final payment property insurance is to be
provided on the completed Project throuah a policy or policies other than those insuring the Project during the construction
period, the Owner shall waive all rights in accordance with the terms of Subpara�raph 11.4.7 for dama�es caused by fire or other
causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by
endorsement or otherwise.
11.4.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes
insurance covera�es required by this Para�raph 11.4. Each policy shall contain all generally applicable conditions, definitions.
exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or
allowed to expire, and that its limits will not be reduced, un[il at least 30 days' prior written notice has been given to th�
Contractor.
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11.4.7 1�ti'aivers of Subrogation. The Owner and Contractor waive all ri,Ghts a�ainst (1) each other and any of their
subcontractors, sub-subcontractors, agents and employezs, each of the other, and (2) the Architect, Architect's consultants,
separate contractors described in Article b, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for
damages caused by iire or other causes of loss to the extent covered by property insurance obtained pursuant to this Para�raph
l 1.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the
Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate
contractors described in Article 6, if any, and the subcontractors, sub-subconvactors, a�ents and employees of any of them, by �
appropriate a�reements, written whare legal(y required for validity, similar waivers each in favor of other parties enumerated
herein. The policies shatl provide such waivers of subrogation by endorsement or otherwise. A waiver of subro�ation shall be
effective as to a person or entity even [houeh that person or entity would otherwise have a duty of indemnification, contractual or
otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable
interest in the property dama�ed.
11.4.8 A loss insured under Owner'sproperty insurance shall be adjusted by the Owner as fiduciary and made payable to the
Owner as fiduciary for the insureds, as their inferests may appear, subject to requirements of any applicable mortgagee clause and
of Subpara�raph 11.4.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the
Contractor, and by appropriate aareements, written where legally required for validity, shall require Subcontractors to make
payments to their Sub-subcontractors in similar manner.
y 1.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond
for proper performance of the Owner'sduties. The cost of required bonds shall be charged against proceeds received as fiduciary.
The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribuie in accordance with such
agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shail be as
provided in Paragraph 4.6. If after such loss no other specia] a�reement is made and unless the Owner terminates the Contract for
convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in
accordance with Article 7.
11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall
object in writing within five days after occurrence of loss to the Owner'sexercise of this power; if such objection is made, the
d�s��ute shall be resolved as provided in Paragraphs 4.5 and 4.6. The Owner as liduciary shall, in the case of arbitration, make
settlement with insurers in accordance with directions of the arbitrators. If dist:ibution of insurance proceeds by arbitration is
required, the arbitrators will direct such distribution.
11.5 PERFORMANCE BOND AND PAYMENT BOND
11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contrace
and payment of obligations arising thereunder as stipulated in bidding requiremen[s or specifically required in the Contract
Documents on the date of execution of the Contract.
11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds coverin� payment of
obligations arisina under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be
made.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 IF a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in th�
Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect'sexamination and be replaced
at the Contractor's expense without chan�e in the Contract Time.
12.1.2 If a portion of the Work has been covered which the Architect has not speciFically requested to examine prior to its bein�
covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance
with the Contract Documents, costs of uncovering and replacement shall, by appropriate Chan�e Order, be at the Owner's
expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contracror'sexpense unless
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the condition was caused by the O�vner or a separate contractor in which event the Owner shall be responsible for Ffayment of
such costs.
12.2 CORRECTION OF WORK
12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
12.2.1.1 The Contractor shail promptly correct Work rejected by the Architect or failin� to conform to the requirements of the
Contract Documents, whether discovered before or af[er Substantia] Completion and whether or not fabricated, installed or
completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation %r the
Architect's services and expenses made necessary thereby, shall be at the Contractor's expense.
12.2.2 AFTER SUBSTANTIAL COMPLETION
12.2.2.1 In addi[ion to the Contractor's obliga[ions under Paragraph 3.5, if, within one year after the Jate of Substantial
Completion of the Work or designated portion thereof or after the date for commencement of warranties established under
Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found
to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of
written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such
condition. The Owner shall give such notice promptly after discovery of the condition. Durin� the one-year period for correction
oF Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner
waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to
correc[ nonconforming Work within a reasonable time during that period after receipt of no[ice from the Owner or Architect, the
Owner may correct it in accordance with Paragraph 2.4.
12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work frst performed after
Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work.
12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor
pursuant to this Paragraph 12.2.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the
Contract Documentc and are neither corrected by the Contractor nor accepted by the Owner.
12.2.4 The Contractor shall bear the cost of conecting destroyed or damaged construction, whether completed or partially
completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in
accordance with the requirements of the Contract Documents.
12.2.5 Nothing contained in this Paraoraph 12.2 shall be construed to establish a period of limitation with respect to other
ob(igations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction
of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has
no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor
to the time within which proceedinDs may be commenced to establish the Contractor's liability with respect to the Contractor's
obligations other than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the
Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate
and equitable. Such adjustment shall be effected whether or not final payment has been made.
ARTICLE 13 MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be �overned by the law of the place where the Project is located.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectivety bind themsetves, their partners, successors, assigns and leaal representatives to
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the other party hereto and to partners, successors, �`ssi�ns and legal representatives of such other party in respect to covenants,
aQreements and obli�ations contained in the Contrp�`ct Ducuments. Except as provided in Subpara�raph 13.2.2, neither party to the
Contract shall assi�n the Contract as a whole without written consent of the other. If either party attempts to make such an
assignment without such consent, that party shall nevertheless remain legally rzsponsible for atl obligations under the Contract.
13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providin� construction
financing for the Project. In such event, the lender shall assume the Owner'sri�hts and obli�ations under the Contract Documents.
The Contractor shall execute all consents reasonably required to facilitate such assi�nment. •
13.3 WRITTEN NOTICE
13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individua] or a member of the firm
or entity or to an officer of the corporation for which i[ was intended, or if delivered at �r sent by re�istered or certified mail tc�
the last business address known to the party givina notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and obligations imposed by ttie Contract Documents and rights and remedies available thereunder shall be in
addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded
them under the Contract, nor shall such action or failure to act constitute approva] of or acquiescence in a breach thereunder,
except as may be specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tests, inspections and approvals of por[ions of the Work required by the Contract Documents or by laws, ordinances,
rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Untess otherwise
provided, the Con[ractor shall make arrangements for such tests, inspections and approvals with an independent testin� laboratory
or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and
approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that
the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not
become requirements until after bids are received or negotiations concluded.
13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of [he Work require additional
testing, inspection or approval not included under Subparab aph 13.5.1, the Architect will, upon written authorization from the
Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to
the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so
that the Architect may be present for such procedures. Such costs, except as provided in Subparagraph 13.53, shall be at the
Owner's expense.
13.5.3 If such procedures for testino, inspection or approval under Subparaoraphs 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such
failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the
Contractor's expense.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be
secured by the Contractor and promptly delivered to the Architect.
13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Arcnitect will do so
promptly and, where practicable, at the normal place of testin�.
13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay
in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as
AIA DOCUh1ENT A201-GENERAL CONDIT(ONS OF THE CONTRACT FOR CONSTRUCTION - 1997 ED[TION - AIA - COPYR[GHT 1997 - THE
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[he parties may a�ree upon in writin� or, in the absence thereof, at the legal rate prevailin� from time ro time at the placP where
the Project is Iocat�J. `
y3.7 COMMENCEMENT OF STATtJTORY LIMITATION PERIOD
'13.7.1 As between the Owner and Contractor:
1 Before Substantial Comptetion. As to acts or failures to act occurrin� prior to the relevant date of Substantial
Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be -
deemed to have accrued in any and all events not later than such date of Substantia] Completion;
.2 Between Substantial Completion and Final Certificate for Payment. As to acts or faiiures to act occurring
subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment,
any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have
accrued in any and all events not later than the date of issuance of the final Cer[ificate for Payment; and
.3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of
the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause
of action shall be deerned to have accrued in any and all events not tater than the date of any act or failure to act by
the Contractor pursuant to any Warranty provided under Parao aph 3.5, the date of any correction of the Work or
failure to correct the Work by the Contractor under Para�raph 12.2, or the date of actual commission of any other
act or Failure to perform any duty or obli�ation by the Contractor or Owner, whichever occurs last.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 7ERMINATION 8Y THE CONTRACTOR
14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or
fauit of �the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities
performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons:
.1 issuance of an order of a court or other public authority having jurisdiction which requires ail Work to be stopped;
.2 an act of government, such as a deciacation of nationa] emergency which requires all Work to be stopped;
.3 because the Architect has not issued a Certificate for Payment and has not notified the Con[ractor of the reason for
withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a
Certificate for Payment within the time stated in the Contract Documents; or
.4 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as
required by Subparagraph 2.2.1.
14.1.2 The Contractor may terminate the Contract if, throuJh no act or fault of the Coniractor or a Subcontractor,
Sub-subcontractor or their agents or employees or any other persons or entities performin� portions of the Work under direct or
indirect contract with the Contractor, repeated suspensions, defays or interruptions of the entire Work by the Owner as described
in Paraoraph 14.3 constitute in thz a�gregate more than 100 percent of the total number of days scheduled for completion, or 120
days in any 365-day period, whichever is less.
14.1.3 IF one of the reasons described in SubparaQraph 14.1.1
notice to the Owner and Architect, tern�inate the Contract and
proven loss with respect to materials, equipment, tools, and
overhead, proFt and dama�es.
or 14.1.2 exists, the Contractor may, upon seven days' written
recover from !he Owner payment for Work executed and for
:onstruction equipment and machinery, includin� reasonable
14.1.4 If the Work is stopped for a period of 60 consecutive days throu�h no act or fault of the Contractor or a Subcontractor or
their a�ents or employees or any other persons performing portions of the Work under contract with the Contractor because tlie
Owner has persistently failed to fulfi(1 the Owner'soblioations under the Contract Documents with respect to matters important to
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the pro�ress of the ,Work, the Contracror may, upon seven additional days' written notice to the Owner and the ,�rchitect,
teriuinate the C�ntr�ct and recover from tha Owner as provided in Subpara�raph 14.1.3.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 The Owner may terminate the Contract if the Contractor:
1 persistently or repeatedly refuses or fails to supply enou�h properly skilled workers or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements
between the Contractor and the Subcontractors;
.3 persistentiy disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to justify
such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the
Coatractor'ssurety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights
of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon
owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paraaraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor,
the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the
Work.
14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor �hall not
be entitled to receive further payment until the Work is finished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the
Architect's services and expenses made necessary thereby, and other damages incuned by the Owner and not expressly waived,
such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, [he Contractor shall pay the
difference to the Owner. The amount to be paid to the Con[ractor or Owner, as the case may be, shall be certified by the
Architect, upon apptication, and this obligation for payment shall survive termination of the Contract.
14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or intenupt the Work in whole or in
part for such period of time as the Owner may determine.
14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or
interruption as described in Subparagraph 143.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be
made ro the extent:
.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the
Contractor is responsible; or
.2 that an equitable adjustmen[ is made or denied under another provision of the Contract.
14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
14.4.1 The Owner may, at any time, tenninate the Contract for the Owner's convenience and without cause.
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14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's�onvenience, the Contractor shail:
.1 cease operations as directed by the Owner in the notice;
.2 take actions necessary, or that the Owner may direct, for the protection and preservation oF the Work; and
.3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all
existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.
14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work
executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed.
AfA DOCUMEMT A201-GENERAL COIVD[T[ONS OF THE COIYTRACT FOR CONSTRUC'fIOIV - 1997 EDIi'[ON - AfA - COPYRIGHT 1447 - 7HE
AMERICAN INST[TUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W.. WASHINGTON, D.C. 20006-529?. WARN[NG: Unlicensed photocopy��S
violates U.S. copyright laws and will subject the violator to tegal prosecution. This document was electronicaily produced with permission of the AIA �nd can be
reproduced without violation until the date of expiration as noted below.
Electronic Forn�at A201-1997
User pocument: 97A201.CON -- 4/15/2000. AIA License Number 109766, which expires on 8/6/2000 -- Pa�e #40
XHIBIT "C"
21-183.00/1.71929 - PALM BEACH GARDENS 07/l9/02
FIRE/POLICE STATION NO. 5
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
The following supplements modify, change from or add to the AIA Document A201- General Conditions
of the Contract for Construction, 1997 Edition. Where any Article of the General Conditions is modified
or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these supplements, the
unaltered provisions shall remain in effect.
ARTICLE 1 - GENERAL PROVISIONS
1.1.3 THE WORK
Delete Paragraph l.1.3 and replace with the following:
"The term "Work" means the completed construction required by the Contract Documents and includes
all labor necessary to produce such construction, and all materials and equipment incorporated or to be
incorporated in such construction."
Add the following after Subparagraph 1.1.7:
1.1.8 MISCELLANEOUS DEFINITIONS
1.1.8.1 The term "provide" as used in the Project Manual means to furnish and install, complete and
ready for intended use.
1.1.82 The term "product" as used in the Project Manual includes materials, fabrications, systems and
equipment.
1.1.83 The term "Architect/Engineer" as used in the Contract Documents indicates the firm, person or
corporation named as.the Architect in the Agreement.
1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
Add the following sentence to Subparagraph 1.2.2: "Sections of Division One - General Requirements
govern the execution of all sections of the Specifications."
Add the following after Subparagraph 1.2.3:
1.2.4 Standard specifications and manuals of technical societies, organizations or associations, or
statutes and regulations of governmental agencies used as a Reference in the Contract Documents, either
by specific statement or implication, shall mean the latest standard specification, manual, code, statute or
regulation in effect at the time of opening of Bids. No provision of any Reference used in the Contract
Documents shall change or reassign the duties and responsibilities of the Owner, Contractor, Architect,
or any consultants and agents of any of them from those set forth in the Contract Documents.
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SGC-1
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ARTICLE 2 - OWNER
2.1 GENERAL
07/ 19/02
In the second sentence of Subparagraph 2.1.1, delete "who shall have express authority to bind the
Owner with respect to all matters requiring the Owner's approval or authorization."
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
Delete Subparagraph 2.2.1.
Delete Subparagraph 2.2.5 and replace with the following:
22.5 The Contractor will be furnished free of charge, 5 copies of the Contract Documents for the
execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction,
postage and handling. �
ARTICLE 3 - CONTRACTOR
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY THE CONTRACTOR
Add the following after Subparagraph 3.2.1:
3.2.1.1 Contractor shall ascertain the location of all existing utilities prior to beginning new and
alteration work. Verify locations of utility lines shown on drawings; locate and mark each utility prior to
start of construction. Any damage caused to any utility as a result of work on this Project shall be
promptly repaired or replaced at the sole expense of the Contractor and no additional money will be paid
by the Owner.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
Add the following after Subparagraph 3.3.1:
3.3.1.1 The Contractor shall review, verify, and be in agreement with any specified construction or
installation procedure and instruction prior to performing the Work, including manufacturers
recommendations and referenced standards, and shall report to the Architect at once if the specified
procedure and instruction (1) does not appear to follow reasonable constniction practice; (2) may
invalidate any specific warranty or the general Contractors warranty; or (3) may be objectionable to the
Contractor for some reason.
3.3.1.2 In conjunction with reporting an objection, the Contractor shall propose in writing, alternative
procedures to which the Contractor will agree and warrant.
3.4 LABOR AND MATERIALS
Add the following sentence to subparagraph 3.4.1: "The use of asbestos or asbestos-based fiber materials
is prohibited."
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SGG2
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FIRE/POLICE STATION NO. 5
3.5 WARRANTY
Add the following after Subparagraph 3.5.1:
07/ 19/02
3.5.2 Specific and special warranties specified are in addition to, and not in lieu of, the Contractors
general warranty. The Contractor shall not be relieved of its general warranty obligation by the
specification of specific products or procedures.
3.7 PERMITS, FEES AND NOTICES
Delete Subparagraph 3.7.1 and replace with the following:
3.7.1 Unless otherwise specifically provided in the Contract Documents, the Contractor shall secure and
pay for government licenses and inspections necessary for the proper execution and completion of the
Work which are customarily secured after execution of the Contract and which are legally required at the
time the bids are received. The Contractor shall secure the building pernut with the Owner waiving the
building permit fee and paying for the impact fees, permanent utility meter installation fees, utility
deposit fees and all other permanent utility hook-up fees.
Add the following sentence to Subparagraph 3.7.2: "Except as expressly required by applicable laws and
governing authorities, neither the Owner nor the Architect shall be responsible for monitoring the
Contractors' compliance and notification requirements."
3.9 SUPERINTENDENT
Add the following after Subparagraph 3.9.1:
3.9.2 Submit work experience and references of proposed Superintendent for Owner's review and
approval prior to beginning the Work. An approved Superintendent shall not be removed from the
project without the prior approval of the Owner. The Contractor shall, upon demand from Owner,
immediately remove any Superintendent whom the Owner may consider incompetent or undesirable.
ARTICLE 4- ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT
Delete Subparagraph 4.1.2 in its entirety.
In Subparagraph 4.1.3, delete the phrase "...against whom the Contractor makes no reasonable objection
and...".
4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT
Add the following after Subparagraph 4.2.4:
4.2.4.1 Any direct communication between the Owner and Contractor which may affect the
administration or performance of the Contract shall be made or confirmed in writing, with copies to'the
Architect.
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SGC-3
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F�%POLICE STATION NO. 5
4.4 RESOLUTION OF CLAIMS AND DISPUTES
07/ 19/02
In the last sentence of subparagraph 4.4.5, delete the sentence "The approval or rejection of a Claim by
the Architect shall be final and binding on the parties but subject to mediation and arbitration."
Delete subparagraph 4.4.6 in its entirety.
In subparagraph 4.4.7, delete the words "... by the Architect, by mediation or by arbitration."
4.5 MEDIATION
In the third line of subparagraph 4.5.1, delete the words "... arbitration or the..."
In subparagraph 4.52, delete the last sentence and add the following new sentence: "Mediation shall
proceed in advance of legal or equitable proceedings, which shall be stayed pending completion of such
mediation for a period of 60 days from date of filing, unless stayed for a longer period by agreement of
the parties or by court order."
4.6 ARBITRATION
Delete Article 4.6 ARBITRATION in its entirety.
ARTICLE 5 - SUBCONTRACTORS
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
In the first sentence of Subparagraph 5.2.4, delete "i�'. Add "unless".
ARTICLE 7- CHANGES IN THE WORK
7.3 CONSTRUCTION CHANGE DIRECTNES
Add the following after Subparagraph 7.3.3.4:
5 The allowance for overhead and profit for the Contractor, for any work provided by his
own forces shall be fifteen percent of the documented cost.
6 The allowance for overhead and profit for the Contractor, for any work provided by his
subcontractor shall be five percent of the amount due the subcontractor.
7 The allowance for overhead and profit for the subcontractor, for any work provided by
the subcontractor shall be ten percent of the documented cost of the subcontractor.
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SGC-4
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ARTICLE 8 - TIME
8.1 DEFINITIONS
�
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07/ 19/02
Add the following sentence to Subparagraph 8.1.4: "When any period of time is referred to in the
Contract Documents by days, it shall be computed to exclude the first day and to include the last day of
such period." -
8.3 DELAYS AND EXTENSIONS OF TIME
In the fourth line of subparagraph 8.3.1, delete the words "...and arbitration...".
ARTICLE 9- PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
Add the following after subparagraph 9.1.1:
9.1.2 In conformance with the requirements of Section 725.06, Florida Statutes, the specific
considerations for the Contractor's promises are:
9.1.2.1 One dollar ($1.00) in hand paid by the Owner, the Architect and the Architect's employees to the
Contractor, receipt whereof is hereby acknowledged and the adequacy of which the Contractor accepts as
completely fulfilling the obligations of the Owner, the Architect and the Architect's employees under the
requirements of Section 725.06, Florida Statutes, and;
9.1.1.2 The entry of the Owner and the Contractor into the construction contract because, but for the
Contractor's promises as contained in the Contract Documents, the Owner would not have entered into
the construction contract with the Contractor.
9.3 APPLICATIONS FOR PAYMENT
In Subparagraph 9.3.3, change the first sentence to read: "The Contractor warrants that title to all Work,
materials and equipment covered by an Application for Payment will pass to the Owner either by
incorporation in the construction or upon receipt of payment by the Contractor."
In the second sentence of Subparagraph 9.3.3, delete the words "..., to the best of the Contractor's
knowledge, information and belief,...".
9.6 PROGRESS PAYMENTS
Add the following to 9.6.1: The Owner shall make payment within 30 days of receipt of Architect's
approval of Payment Request.
In the first line of Subparagraph 9.6.3, change the words "The Architect will, on request,..." to read "The
Architect may, on request and at his discretion,..."
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SGGS
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i FIRE/POLICE STATION NO. 5
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9.7 FAILURE OF PAYMENT
In the sixth line of Subparagraph 9.7.1, delete the words "...or awarded by arbitration,...".
9.9 PARTIAL OCCUPANCY OR USE
07/19/02
Add the following sentence after Subparagraph 9.9.1: "The Contractor hereby agrees that the Owner
may place and install equipment prior to the completion of the various parts of the Work, prior to
Substantial Completion of the entire Work. Such placement and installation of equipment shall not in
any way evidence the Substantial Completion of the entire Work, or signify the Owner's acceptance of
the entire Work."
Add the following after Paragraph 9.10:
9.11 LIQUIDATED DAMAGES
9.11.1 The Owner will suffer financial loss if the Work is not substantially completed within the
Contract Time set forth in Article 3 of the Agreement. The Contractor and the Contractors' surety, if any,
shall be liable for and shall pay the Owner the sum of Five Hundred Dollars ($500.00) as fixed, agreed
and liquidated damages for each calendar day of delay until the Work is substantially completed.
ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY
Delete Paragraph 10.3.3 in its entirety.
Add the following after Article 10.6:
10.7 FLORIDA TRENCH SAFETY ACT
10.7.1 The Occupational Safety and Health Administration excavation safety standards, 29 CFR
1926.650 SubpaR P trench safety standards are in effect during the period of construction of the Project.
In compliance with current State of Florida statutes, the Contractor or subcontractor performing trench
excavation work on the Project shall comply with the applicable trench safety standards.
ARTICLE 11 - INSURANCE AND BONDS
l l.l CONTRACTOR'S LIABII.ITY INSURANCE
Add the following after Subsubparagraph 11.1.1.8:
11.1.1.9 Liability insurance shall include all major divisions of coverage and be on a comprehensive
basis including:
.1 Premises Operations (including X, C and U coverages as applicable).
.2 Independent Contractors' Protective.
.3 Products and Completed Operations.
.4 Personal Injury Liability with Employment Exclusion deleted.
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SGC-6
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FIRE/POLICE STATION NO. 5 I •
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.5 Contractual, including specified provision for Contractor's obligation under
Paragraph 3.18.
.6 Owned, non-owned and hired motor vehicles.
.7 Broad Form Property Damage including Completed Operations.
Add the following after Subparagraph 11.1.2:
11.1.2.1 The limits of liability for the insurance required for this Project shall provide coverage for not
less than the following amounts:
A. Workers' Compensation:
1. State: Statutory
2. Applicable Federal: Statutory
(e.g. Longshoreman's
and/or Maritime)
3. Employer's Liability:
Each accident $ S��,Q��
Disease-Policy Limit $ SO�,Q(Z
Disease-Each Employee $ 5��,��0
B. Comprehensive or Commercial General
Liability (Including Premises-Operations;
Products/Completed Operations; Contractor's
Protective; Personal Injury; Broad Form
Property Damage; Broad Form CGL endorsement
or equivalent):
l. Bodily Injury:
Each Occurrence $ 2,���,4(L
Aggregate $ �,lL�,Il(L
2. Property Damage:
Each Occurrence $ 2,4��,���
Aggregate
3. Or Bodily Injury and Property
Damage Combined Single Limit:
Each Occurrence
$ �,O(1(I,SL
i, r 111 ITITI�
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SGC-7
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21-183.00/171929 - PALM BEACH GARDENS
FIRElPOLICE STATION NO. 5
C�J
0
Aggregate
4. Products and Completed Operations
to be maintained for a period of
2 years after final payment:
Aggregate
5. Property Damage Liability Insurance
shall provide X, C and U coverage.
6. Broad Form Property Damage Coverage
shall include Completed Operations.
Comprehensive Automobile Liability:
(Owner-leased-non-owned & hired)
l. Bodily Injury:
Each Person
Eac� Accident
2. Property Damage:
Each Occurrence
3. Bodily Injury and
Property Damage Combined
Single Limit:
Contractual Liability Insurance:
(Coverage under this section may be included in the
Comprehensive General Liability Policy described in
Paragraph 11.12.1 B above.)
1. Bodily Injury:
Each Occurrence
Aggregate
2. Property Damage:
Each Occurrence
Aggregate
111 111
111 111
111 111
111 111
111 111
F� � 111 I lil]
', 111 111
111 111
ITIIIZdIlI
111 111
07/ 19/02
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SGC-8
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FIRE/POLICE �TATION NO. 5
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E.
F
G
3. Or Bodily Injury and Property
Damage Combined Single Limit:
Each Occurrence
Aggregate
Personal Injury Insurance, with Employ-
ment Exclusion deleted for Comprehensive
Form of Policy:
i, 111 111
� 111 111
07/19/02
Aggregate $ 2,Q(L,���
Umbrella Liability Coverage or Excess Liability Coverage:
1. Bodily Injury:
Each Person $ 2,00(1,���
Each Accident $ ?,Il(L,���
2. Property Damage:
Each Occurrence $ �-,���,SL
Aggregate $ 2,���,���
3. Combined Single Limit:
Each Occurrence $-2.,(1��,1L
Aggregate $ �,���,���
Additional liability coverage for Owner and Architect shall be provided by endorsement
as additional insureds on Contractor's General Liability Policy.
Add the following names:
Owner - City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Architect - GEE & JENSON, A Division of CH2M Hill
and their employees
One Harvard Circle
West Palm Beach, FL 33409-1923
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SGC-9
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The additional liability coverage for the Architect is not to construed as to requiring, in any way, that
either the Owner or Contractor be obligated to supply insurance protecting the Architect for its liability
emanating from professional errors or omissions.
112 OWNER' S LIABILTTY INSURANCE
Delete Article 11.2 OWNER'S LIABILITY INSURANCE in its entirety.
1 l .4 PROPERTY INSURANCE
In the first sentence of Subparagraph 11.4.1, delete the phrase "Unless otherwise provided, the Owner ..."
and substitute the words "The Contractor ...".
Add the following sentence to Subsubparagraph 11.4.1.1: "The form of policy for this coverage shall be
Completed Value."
Delete Subsubparagraph 11.4.12 in its entirety.
In the first sentence of Subsubparagraph 11.4.1.3, change the words "... the Owner..." to read "...the
Contractor.. .".
In the first sentence of Subparagraph 11.4.2, change the words "The Owner..." to read "The
Contractor...".
Delete Subparagraph 11.4.3 in its entirety.
Delete Subparagraph 11.4.4 in its entirety.
Delete Subparagraph 11.4.5 in its entirety.
Delete Subparagraph 11.4.6 and substitute the following:
11.4.6 Before an exposure to loss may occur, the Contractor shall file with the Owner, two certified
copies of the policy or policies providing this Property Insurance coverage, each containing
endorsements specifically related to the Project. Each policy shall contain a provision that the policy will
not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the
Contractor and Owner.
At the end of the first sentence in Subparagraph 11.4.7, change the word "...Contractor..." to read
"...Owner...".
Delete the first sentence in Subparagraph 11.4.8 and substitute the following sentence: "A loss insured
under this property insurance shall be adjusted by the Contractor as fiduciary and made payable by the
Contractor as fiduciary for the insureds, as their interests may appear, subject to requirements of any
applicable mortgagee clause and of Subparagraph 11.4.10."
In Subparagraph 11.4.9, change the word "...Contractor..." to read "...Owner..." each time the latter
appears.
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SGG10
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Delete Subparagraph 1 l.4.10 and replace with the following:
11.4.10 The Contractor as fiduciary shall have power to adjust and settle a loss with insurers.
11.5 PERFORMANCE BOND AND PAYMENT BOND
Delete Subparagraph 11.5.1 and replace with the following:
07/ 19/02
11.5.1 The Contractor shall furnish bonds covering faithful performance of the Contract and payment of
obligations arising thereunder. Bonds shall be obtained through a Surety company named in the current
list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of
Accounts, U.S. Treasury Department and the cost thereof shall be included in the Contract Sum. The
amount of each bond shall be equal to one hundred percent of the Contract Sum.
11.5.1.1 The Contractor shall deliver the required bonds to the Owner not later than when the executed
Agreement is delivered to the Owner.
11.5.1.2 If the Work is to be commenced prior to the Agreement in response to a letter of intent, the
Contractor shall, prior to the commencement of the Work, submit evidence satisfactory to the Owner that
such bonds will be furnished.
11.5.1.3 The Contractor shall require the attorney-in-fact who executes the required bonds on behalf of
the surety to affix thereto a ceRified and current copy of the power of attorney.
ARTICLE 13 - MISC�LLANEOUS PROVISIONS
13.5 TESTS AND INSPECTIONS
Delete Subparagraph 13.5.5 in its entirety.
Add the following after Paragraph 13.7:
13.6 INTEREST
In the first sentence of Subparagraph 13.6.1, delete "at such rate as parties may agree upon in writing or,
in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
located." Add "in accordance with the Florida Prompt Payment Act."
13.8 ADDITIONAL SERVICES OF ARCHITECT
13.8.1 Additional review of previously rejected and disapproved shop drawings, product data and
samples made necessary due to Contractors failure to provide properly prepared submittals required in
paragraph 3.12 shall be considered as additional service charges to the Owner. Contractor shall
reimburse the Owner for additional service charges of the Architect and the Architect's consultants for
such additional charges.
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13.8.2 Evaluations and reviews by the Architect of proposed substitutions shall be considered as
additional services to the Owner. Contractor shall reimburse the Owner for additional service charges of
the Architect and the Architects' consultants for such additional evaluations and reviews. Architects'
charges shall be negotiated prior to requesting evaluations and reviews or, in the absence of a negotiated
sum, charges will be determined by the Architect on an hourly basis.
13.8.3 Inspections by the Architect for Substantial Completion and Final Completion, in addition to
those required in Subparagraphs 9.8.3 and 9.10.1, made necessary due to Contractors failure to complete
corrections prior to Architects inspection, shall be considered as additional services to the Owner. Con-
tractor shall reimburse the Owner for additional service charges of the Architect and the Architects'
consultants for such additional inspections.
END OF SECTION
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SGG12
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FIRE/POLICE STATION NO. 5
TABLE OF CONTENTS
CONTRACT DOCUMENTS
Advertisement for Bids
Instruction to Bidders
Bid Form — Lump Sum
Subcontractor List
Trench Safety Affidavit — Lump Sum
Appendix A— Drug-Free Workplace Form
AIA Document A101 — Agreement Between Owner and Contractor
AIA Document A201 — General Conditions of the Contractor for Construction
AIA Document A310 — Bid Bond
AIA Document A312 — Performance Bond
AIA Document A312 — Payment Bond
Supplementary Conditions to the General Conditions
T'ECHNICAL SPECIFICATIONS
DNISION 1 - GENERAL REQUIl2EMENT5
01010 - Summary of Work
01020 - Allowances
01026 - Unit Prices
01040 - Coordination
01045 - Cutting and Patching
01090 - Reference Standards
01200 - Project Meetings
01300 - Submittals
01320 - Construction Photographs
01400 - Quality Control
01450 - Environmental Protection
01500 - Construction Facilities and Temporary Controls
O] 600 - Material and Equipment
SRF - Substitution Request Form
01701 - Project Closeout
01730 - Operation and Maintenance Data
01740 - Warranties
DNISION 2 - SITE CONSTRUCTION
CIVIL PACKAGE, LANDSCAPE AND IRRIGATION
PREPARED BY LBFH, INC.
TABLE OF CONTENTS
07/19/02 .
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DNISION 2 — SITE CONSTRUCTION (cont'd.)
02085 - Interceptors
02201 - Earthwork - For Buildings
02211 - Subsurface Investigation
02282 - Termite Control
02554 - Fuel Oil Storage and Distribution
02582 - Lighting Poles and Standards
02584 - Underground Ducts and Utility Structures
02860 - Site Accessories
DIVISION 3 - CONCRETE
03100 - Concrete Formwork
03200 - Concrete Reinforcement
03300 - Cast-In-Place Concrete
DIVISION 4 - MASONRY
04100 - Mortar and Grout
04150 - Masonry Accessories
04220 - Concrete Unit Masonry
04230 - Reinforced Unit Masonry
DNISION 5 - METALS
05500 - Metal Fabrications
DIVISION 6- WOOD AND PLASTICS
06100 - Rough Carpentry
06192 - Prefabricated Wood Trusses
06200 - Finish Carpentry
06400 - Architectural Woodwark
DNISION 7- THERMAL AND MOISTURE PROTECTION
07210 - Building Insulation
07245 - Exterior Foam Finish Trim
07320 - Roof Tiles
07620 - Flashing and Sheet Metal
0784] - Through-Penetration Firestop Systems
07900 - Joint Sealers
DIVISION 8- DOORS AND WINDOWS
TABLE OF CONTENTS
07/ 19/02
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08112 - Standar.d Steel Doors and Frames
082] 3- Plastic Faced Flush Wood Doors
08305 - Access Doors
08331 - Overhead Coiling Doors - Apparatus Bay
08410 - Aluminum Entrances
08520 - Aluminum Windows
08584 - Coiling Storm Shutters
08710 - Finish Hardware
08800 - Glass and Glazing
DNISION 9 - FINISHES
09200 - Lath and Plaster
09260 - Gypsum Board Systems
09300 - Tile
09510 - Acoustical Ceilings
09650 - Resilient Flooring
09680 - Carpeting
09705 - Resinous Flooring (Non-Slip Epoxy)
09900 - Painting - Condensed
DNISION 10 - SPECIALTIES
10100 - Markerboards and Tackboards
10166 - Solid Plastic Toilet Compartments
10200 - Louvers and Vents
10265 - Wall Protection
10355 - Ground-Set Flagpoles
10445 - Interior Room Signs
10456 - Dimensional Letters, Numbers
] 0505 - Metal Lockers
10520 - Fire-Protection Specialties
10800 - Toilet and Bath Accessories
10990 - Miscellaneous Specialties
DNISION 11 - EQUIPMENT
11133 - Front Projection Screens
11451 - Appliances
DIVISION l2 - FURNISHINGS
1251 ] - Horizontal Louver Blinds
DIVISION ] 3 - SPECIAL CONSTRUCTION
TABLE OF CONTENTS
07/ 19/02
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13851 - Fire Alarm
13916 - Fire Suppression Sprinklers
DIVISION 14 - CONVEYING SYSTEMS (Not Used)
DNISION 15 - MECHANICAL
l 5050 - Basic Mechanical Materials and Methods
] 5060 - Hangers and Supports
15081 - Duct Insulation
15083 - Pipe Insulation
15100 - Valves
15183 - Refrigerant Piping
15194 - Fuel Gas Piping
l 54l 1- Water Distribution Piping
15420 - Drainage and Vent Piping
15430 - Plumbing Specialties
15440 - Plumbing Fixtures
15486 - Fuel-Fired, Domestic Water Heaters
] 5530 - Furnaces
15671 - Condensing Units
15750 - Kitchen Hood System
15785 - 100 Percent Outside Air Pretreatment Unit
15815 - Metal Ducts
15820 - Duct Accessories
15838 - Power Ventilators
15855 - Diffusers, Registers, and Grilles
15985 - Automatic Temperature Control System
15990 - Testing, Adjusting, and Balancing
DIVISION 16 - ELECTRICAL
16050 - Basic Electrical Materials and Methods
16060 - Grounding and Bonding
16l 20 - Conductors and Cables
16130 - Raceways and Boxes
] 6140 - Wiring Devices
16145 - Lighting Control Devices
16231 - Packaged Engine Generators
] 6289 - Transient Voltage Suppression
16410 - Enclosed Switches and Circuit Breakers
DNISION 16 - ELECTRICAL (cont'd.)
16415 - Transfer Switches
TABLE OF CONTENTS
07/ 19/02
TOC-iv
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21-183.00/171929 - PALM BEACH GARDENS 07/19/02
FIRE/POLICE STATION NO. 5 i�
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16442 - Panelboards
16491 - Fuses
16511 - Interior Lighting
16521 - Exterior Lighting
TABLE OF CONTENTS TOC-v
7 ? P
XHIBIT "E"
,
;°
� FIRE p�ND P TAT � �
OLICE S ION #�
FRENCHM��N'S RESERVE
PALM BEACH GARDENS, FLORIDA
BID SET
DATE: JULY 19, 2002
INDEX OF DRAWINGS
T1 COVER SHEET
T2 SYMBOLS, LEGENDS, AND ABBREVIATIONS
CML
H-1 HORIZONTAL CONTROL AND SIGNAGE PLAN
C-1 PAVING, GRADING AND DRAINAGE
C-2 UTILfTY PLAN
C-3 OFF-SfTE IMPROVEMENTS PLANS
D-1 PAVINC, GRADINC AND DRAINAGE DETAILS
D-2 DETAILS
D-3 WATER / WASTE WATER DETAILS
SITE / LANDSCAPE
SP-1 SfTE DEVELOPMENT PLAN
L-1 LANDSCAPE PLAN
L-2 LANDSCAPE SPECIFICATION SHEET
IR-1 IRRIGAT]ON PLAN
IR-2 IRRIGATION DEfAiLS
IR-3 IRRIGATION SPECIFICATION
ARCHITECTURAL
A1.1 NOT USED
A1.2
A2.1
A22
A2.3
A2.4
Azs
A2.6
A2.7
A2.8
A3.1
A4.1
A4.2
A5.1
A52
NOT USED
FLOOR PLAN
ENLARGED PLANS AND INT. ELEYATIONS
CASEWORK DETAILS AND INT. ELEVATIONS
EaIJIPMENT PLAN
REFLECTED CEILING PLAN
WALL TYPES PLAN
PATTERN PLAN AND FINISH SCHEDULE
PATTERN PLAN AND FINISH SCHEDULE
BUILDING ELEVATIONS
ROOF PLAN
ROOF DETAILS
BUILDING SECTIONS
WALL SECTIONS / DETAILS
A6.1 DOOR AND WINDOW SCHEDULE
A6.2 DOOR AND WINDOW DETAILS
A6.3 DOOR AND WINDOW DETAILS
STRUCTURAL
S1.1 STRUCTURAL GENERAL NOTES
S2J FOUNDATION AND GROUND FLOOR FRAMING PLAN
S22 ROOF FRAMING PLAN
53.1 SCHEDULES AND DETAILS
53.2 FOUNDATIONS SEC110NS AND DEfAILS
S3.3 FRAMING SECTIONS AND DETAILS
53.4 FRAMING SECTIONS AND DETAILS
53.5 SECTIONS
MECHANICAL
M1.1
M2.1
M2.2
M2.3
M3.1
M32
M4.1
MECHANICAL LEGEND
HVAC ROOR PLAN
ENLARGED MECHANICAL ROOM PLANS
MECHANICAL ROOM SEC110NS
HVAC DETAILS
HVAC CONTROLS
HVAC SCHEDULES
PLUMBING
P1.1 PLUMBING LEGEND SCHEDULE AND NOTES
P2.0 NOT USED
P2J SANfTARY FLOOR PLAN
P22 DOMESIIC WATER AND GAS FLOOR PLAN
FIRE PROTECTION
FPi.1 FIRE PROTEC710N SffE PLAN
FP2.1 FIRE PROTECTION ROOR PLAN - OCCUPIED SPAC
FP2.2 FIRE PROTECTION PLAN - ATTIC SPACE
ELECTRICAL
E1.1 LEGEND AND ABBREVIATIONS
E1.2 ELECTRICAL SfTE PLAN
E1.3 NOT USED
E21
E3.1
E4.1
E5.1
E52
E5.3
E6.1
E7.1
E7.2
E8.1
LIGMING PLAN
POWER PLAN
COMMUNICAl10N PLAN
RISER DIAGRAMS
COPlTROL DIAGRAMS
ELECTRICAL ENLARGEMENTS
ONE LJNE DlAGRAM
DETAILS
DETAILS AND RISERS
PANEL SCHEDULES
. ,, ,
XHIBIT "F"
21-183.00/171929 - PALM BEACH GARDENS ,� 8/19/0�
FIRE/POLICE STATION NO. 5%�
ADDENDUM NO. 1
PALM BEACH GARDENS
FIIZE/POLICE STATION NO. 5
DATE: August 19, 2002
ARCHITECT/ENGINEER: Gee & Jenson
A Division of CH2M Hill
One Harvard Circle
West Palm Beach, FL 33409
GENERAL:
PROJECT NO. 21-183.00/17192.�
CITY PROJECT NO. 2002-009
A. This Addendum modifies, changes from or adds to the Drawings and Project Manual dated
7/19/02 and shall become a part of the Contract Documents.
B. Bidders shall acknowledge receipt of this Addendum in the space provided on the Bid Form.
Failure to do so may be cause for disqualification of Bidder.
ADDENDUM ITEMS:
Item No. 1: Advertisement For Bids
A. Refer to Issued date. Change "June" to read "July".
Item No. 2: Table of Contents
A. Refer to Page TOC-iii. DELETE hand-written notation "Replace: 10800/08710" in its entirety.
Item No. 3: Supplementary Conditions to the General Conditions
A. Refer to Article 11, Sub-sub-paragraph 11.1.2.1.G. CHANGE last sentence to read "...for the
Architect is not to be construed as requiring, in any way,...".
Item No. 4: Speciiication Section 01010 — Summary of Work
A. Refer to Article 1.7, Paragraph A, Subparagraph 9. CHANGE to read: "...Provided by Owner and
installed by G.C. on Equipment Plan Drawing."
Item No. 5: Specification Section 01027 — Applications for Payment
A. ADD attached Specification Section 01027 — Applications for Payment, dated 8/19/02.
ADDENDUM NO. l ADD 1-1
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21-183.00/171929 - PALM BEACH GARDENS
FIl2E/POLICE STATION NO. 5
Item No. 6: 01320 — Construction Photographs
A. Refer to Article 1.2, Paragraph A. DELETE in its entirety. ADD Paragraph A as follows:
"A. Prints: Submit 2 prints of each view directly to the Architect within 5 days of taking
photographs, which are to be submitted each month with each pay application."
B. Refer to Article 2.1, Paragraph A. DELETE "3 in. x 5 in.". ADD "11 in. x 14 in. aerial".
8/ 19/02
Item No. 7: Civil Specification Package for Palm Beach Gardens Fire/Police Station No. 5(blue sheets)
A. Refer to attached changes to the "Civil Site Work and Utility Specifications", dated 8/16/02.
Item No. 8: Specification Section 07245 — Exterior Foam Finish Trim
A. Refer to date at upper right corner of each page. CHANGE "06/06/02" to "07/19/02".
Item No. 9: Specification Section 07320 — Roof Tiles
A. Refer to Article 2.3, Paragraph A, Subparagraphs 1 and 3. DELETE in their entirety. ADD
Subparagraph 6 as follows:
"6. Vycor; Grace Construction Products."
B. Refer to Article 2.8 and DELETE in its entirety.
C. Refer to Article 3.3, Paragraph I. DELETE "Mortar/".
D. Refer to Article 3.3, Paragraph I, Subparagraph 1 and DELETE in its entirety. ADD
Subparagraph 1 as follows:
"1. Set tile in a bed of approved adhesive. Apply 10 in. minimum length trowel of required
amount of adhesive vertically under pan. For flat tile place adhesive vertically adjacent to
the overlock of the tile being installed. Do not apply adhesive under headlug of tile, or
onto the underlock of adjacent tile which may create a tilted or cocked tile."
Item No. 10: Specification Section 10200 — Louvers and Vents
A. Refer to Article 1.2. ADD Paragraph E as follows:
"E. Products provided under this Section shall meet or exceed requirements of local Code
Amendments of Florida Building Code, 2001, with local Amendments and ASCE 7-98 for
wind resistance of components and cladding, based upon a basic design wind speed of 140
mph (3 second gust). Exposure C, Importance Factor 1.15."
ADDENDUM NO. 1
ADD 1-2
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FIRE/POLICE STATION NO. 5
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B. Refer to Article 1.3. ADD Paragraph D as follows:
8/ 19/02
"D. ProducdCode Certification: Provide written verification that the unprotected exterior glazing
products provided and installed as a system or assembly in this Project meet or exceed
requirements of local Code Amendments of Florida Building Code, 2001, with Local
Amendments and ASCE 7-98 for wind resistance of components and cladding. Provide for
missile impact protection as required by local jurisdiction. Provide design data and verification
documentation signed and sealed by a Professional Engineer registered in the State of Florida
including, but not limited to, the following:
1. Manufacturer's written certification indicating the type, grade, and size unit provided
meets requirements.
2. Manufacturer's test data and engineering data developed indicating that requirements have
been met.
3. Independent testing laboratory reports and certifications verifying that products meet
requirements.
4. Calculations and definition of the code required loading for each unit in the Project.
Include location schedules for clarification.
5. Installation requirements describing types of fasteners and spacing.
6. Submit certification prior to or in conjunction with other submittals required herein. Other
submittals received prior to receipt of this certification will be rejected."
C. Refer to Article 2.3, Paragraph B, Subparagraph 1. CHANGE to read: "Ruskin is indicated as a
standard of design."
Item No. 11: Specification Section 10445 — Interior Room Signs
A. Refer to Article 2.3. ADD Paragraph C and Subparagraphs l, 2, 3 and 4 as follows:
"C. Size of numbers and letters shall be as follows:
l. Room numbers shall be 1 inch.
2. Lettering for room ID signs shall be 3/4 inch.
3. Symbol size shall be 4 inches.
4. Standard Grade 2 braille shall be 1/2 inch below copy."
Item No. 12: Specification Section 10456 — Dimensional Letters, Humbers
A. Refer to Article 2.4, Paragraph C. DELETE in its entirety. ADD Paragraph C as follows:
"C. Aluminum Finishes: Finish designations prefixed by "AA" conform to the system established by
the Aluminum Association for designating aluminum finishes. Letter surfaces to be painted with satin
gloss Mathews acrylic polyurethane urethane coating to match PMS 145C. Color: As indicated by
Owner's copy.
ADDENDUM NO. 1
ADD 1-3
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21-183.00/171929 - PALM BEACH GARDENS
FIRE/POLICE STATION NO. 5
Item No. 13: Specification Section 11451 — Appliances
8/19/02
! '
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A. Refer to Article 3.4, Paragraphs A and D. The Viking Gas Range and Kitchen Aid Ice Maker are
City standard appliances and are to be furnished as specified, no substitutions.
B. Refer to Article 3.4, Paragraph B, Subparagraph 9, Sub-subparagraph d. ADD the following
sentence: "Locks shall be furnished and installed by the manufacturer."
Item No. 14: Drawing H-1 — Horizontal Control and Signage Plan
A. The attached Sheet H-1, dated 8/19/02, shall supercede previously issued sheets.
Item No. 15: Drawing Sheet C-1 — Paving, Grading and Drainage
A. The attached Sheet C-1, dated 8/19/02, shall supercede previously issued sheets.
Item No. 16: Drawing Sheet C-2 — Utility Plan
A. The attached Sheet G2, dated 8/19/02, shall supercede previously issued sheets.
Item No. 17: Drawing Sheet C-3 — Off-Site Improvement Plans
A. The attached Sheet C-3, dated 8/19/02, shall supercede previously issued sheets.
Item No. 18: Drawing Sheet SP-1 — Site Development Plan
A. The attached Sheet SP-1, dated 8119IO2, shall supercede previously issued sheets.
Item No. 19: Drawing Sheet L-1 — Landscape Plan
A. The attached Sheet L-1, dated 8/19/02, shall supercede previously issued sheets.
Item No. 20: Drawing Sheets A2.7 and A2.8 — Pattern Plan and Finish Schedule
A. Refer to Room Finish Schedule, Ceiling Material Column.
1. Refer to Room 127 Apparatus Bays. DELETE "GWB/PT1". ADD "L & P/PT1".
2. Refer to Rooms 128 Mechanical, 129 Storage, 130 Decontamination and 13l , Protective
Clothing Lockers. DELETE "L & H/PT1". ADD "L & P/PT1".
ADDENDUM NO. 1
ADD 1-4
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!� FIRE/POLICE STATION NO. 5
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Item No. 21: Drawing Sheet A3.1 — Building Elevations
A. Refer to West Elevation. Metal lettering "POLICE" and "FIRE RESCUE", shown above
entrances, shall be 8 inches high and letter style shall be Helvetica.
Item No. 22: Drawing Sheet A6.3 — Door and Window Details
8/ 19/02
A. Refer to Patio Screen Wall Section 3/A.6.3. CHANGE continuous footing from 3'-4" wide to 24"
wide.
Item No. 23: Drawing Sheet 52.1 — Foundation and Ground Floor Framing Plan
A. ADD to "Plan Notes": "5. All shower recessed areas shall be 1-112" deep.
Item No. 24: Drawing Sheet S3.3 — Framing Sections and Details
A. Refer to Detail Section l/S3.3. CHANGE elevation of Arch Spring from 1 l 6'-8" to 1 l4'-8".
Item No. 25: Drawing Sheet E4.1 — Communications Plan
A. Combination Smoke/Carbon Monoxide Detectors, where indicated, shall be BRK Electronics Cat.
No. SC 1000B, or equal.
END OF ADDENDUM
Attached: 01027 — Application for Payment, dated 8/19/02
Changes to the "Civil Site Work and Utility Specifications"
H-1 — Horizontal Control and Signage Plan, dated 8/19/02
G1 — Paving, Grading and Drainage, dated 8/19/02
C-2 — Utility Plan, dated 8/19/02
C-3 — Off-Site Improvement Plans, dated 8/19/02
SP-1 — Site Development Plan, dated 8/19/02
L-1 — Landscape Plan, dated S/19/02
ADDENDUM NO. 1 ADD 1-5
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21-] 83.00/171929 - PALM BEACH GARDENS 10/4/02
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FIRE/POLICE STATION NO. S f `
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I1�7��f�1ilui��[��►
PALM BEACH GARDENS
FIRE/POLICE STATION NO. 5
DATE: August 28, 2002
ARCHIT'ECT/ENGINEER: Gee & Jenson
A Division of CH2M Hill
One Harvard Circle
West Palm Beach, FL 33409
GENERAL:
PR03ECT NO. 21-183.00117192
CITY PROJECT NO. 2002-009
A. This Addendum modi�es, changes from or adds to the Drawings and Project Manual dated
7/19/02, and previous addendum and shall become a part of the Contract Documents.
B. Bidders shall acknowledge receipt of this Addendum in the space provided on the Bid Form.
Failure to do so may be cause for disqualification of Bidder.
ADDENDUM ITEMS:
Item No. 1: Specification Section 02860 Site Accessories
A. Refer to Article 2.1.A.5 (Bicycle Rack Length / Capacity). DELETE "5. Length / Capacity:
Nominal5 bicycles". ADD "5. Length f Capacity: 7 bicycles".
Item No. 2: Replace Drawing sheet "C-1" dated of 08/19/02 with revised sheet "C-1" dated of 08/28/02.
Item No. 3: Refer to Finishes Schedule Drawing sheets "A2.7" and "A2.8", CHANGE Floor and Base
finishes in room numbers 127, 129 and 131 to "NSEC" (Non-Slip Epoxy Coating); CHANGE Floor and
Base finishes room number 102 to "PORC1" (Porcelain Tile).
Item No. 4: Refer to Drawing Sheet "A6.3". REPLACE Detail "3" with attached Sketch "SK-01" dated of
Aug-28-02.
Item No. 5: Refer to Door and Window Schedule Drawing sheet "A6.1 ", CHANGE material for all doors
type "B" 101 A, 104, 111, 132B and ] 33B to "AL" (Aluminum); CHANGE material for all doors type "D"
102A, 105, l 12A and 133A to "PLAM" (Plastic Laminate). ADD note: Windows type "W1", "W2" and
"W3" shall have true munttins.
ADDENDUM NO. 2
ADD 2-1
1. �°i �
21-183.00/171929 - PALM BEACH GARDENS 10/4/02
FIRE/POLICE STATION NO. 5
Item No. 6: REPLACE Specification "Unit Price Bid Proposal Form" Dated of 7/17/02 blue sheets "BP-1, 2,3
and 4" with attached sheets "BP-1,2,3 and 4"Dated of 8/27/02.
(Note: This revised form incorporates changes from Addendum No. 1 and the only item revised in this
Addendum is on page BP-1 of the Unit Price Bid Proposal Forrn, under Storm Sewer Items, add Item 430-
96-16 - 6" PVC Roof Drain Line see this Addendum item No. 9).
Item No. 7: Refer to Civil Site Work and Utility Specifications blue sheet no. "SP-38" Section" Concrete &
Sidewalks" and Sub-section "Removal of existing Facilities", ADD the following paragraph and subparagraph:
1) Sidewalk damage by the Contractor and others.
a) The Contractor shall advise the Engineer, prior to the start of construction, of the total number of slab
damaged prior to the start of the work. Once construction starts and the Contractor begins to mobilize
on site, all damaged slabs, which are not previously noted, will be removed and replaced by the
Contractor at no cost to the Owner. This excludes those sidewalk slabs, which have been indicated on
the plans to be removed, for the construction of the entrance drives.
Those slabs, which are confirmed by the Engineer to be damaged prior to Construction, will be paid
for by the Owner at the Contract Unit Price bid for Item 522-01 - 4" PC Concrete Sidewalk. The cost
of removal shall be included in the Contract Price bid for Item 110 - O1 - Clearing and Grubbing.
As noted under Unit Price Project on page SP-1, this added work will not require a change order, as
the Unit Price is in the bid document. The quantity will be adjusted as required by the work.
Item No. 8: Refer to Civil Site Work and Utility Specifications Section "Storm Sewer" page SP-33 ADD
the following Subsection:
PVC - ROOF DRAIN LINE
In accordance with the locations shown on Sheet C-1 of the Plans, the Contractor shall insta116"
PVC - Roof Drain Line to connect the roof drain downspouts shown on the Architectural Plans to
the Inlets. The work under this item shall be in accordance with Section 430 - Pipe Culverts and
Storm Sewers - of the FDOT Specifications.
The measurement of this item shall be from the connection of the vertical downspout (shown on
the Architectural Plans) and the horizontal drain line (shown on the Civil Plans) to the inlet.
Payment shal( be made per the contract price bid per Lineal Foot (Lin. Ft.) for item 430-96-16 - 6"
PVC Roof Drain Line. Said payment shall constitute full and complete compensation for all work
required for this item, as well as is noted in the Pay Item Footnotes which are included within the
Contract Documents.
ADDENDUM NO. 2
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FIRE/POLICE STATION NO. 5
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10/4/02
Item No. 9: Refer to Civil Site Work and Utility Specifications "Pay Item Footnotes" sheet PI-2, ADD the
following table row:
ITEM No.9 ITEM DESCRIPTION NOTES
430-96-16 6"PVC-Roof Drain Line The Cost of excavation, dewatering, bedding,
backfilling, compacting, connection to the storm sewer pipe
or inlet, as noted on the plans, and restoration of connection
as required by the work.
ITEM No. ] 0: Refer to Drawing sheet "A2.1" (Floor Plan): DELETE note " 4" round downspout connected
to storm sewer system — see detail 7/A2.1 Bldg. Elevations and Civil Plans", ADD " 6"wide x 4" deep
downspout connected to storm sewer system — see detail 7/A2.1 Bldg. Elevations and Civil Plans".
ITEM No. 11: Refer to Drawing Sheets S2.1, 52.2, M2.2 and E4.1 — rotate North arrow by 180 degrees to
show conect position
ITEM No. 12: Refer to Drawing Sheets E2.1, E3.1, E4.1 and S22 — correct drawings scale is 1/8"=1'-0"
ITEM No. 13: Refer to Specification Section 16289-2-2.1-A, ADD "h. EFI Electronics".
ITEM No. 14: Refer to Entire Specification Section 08710, REPLACE entire section dated of 07/19/02 with
attached section dated of 08/28/02
ADDENDUM NO. 2
ADD 2-3
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21-183.00/171929 - PALM BEACH GARDENS
FIRE/POLICE STATION NO. 5
ADDENDUM NO. 3
PALM BEACH GARDENS
FIRE/POLICE STATION NO. 5
DATE: August 30, 2002
ARCHITECT/ENGINEER: Gee & Jenson
A Division of CH2M Hill
One Harvard Circle
West Palm Beach, FL 33409
GENERAL:
10/04/2002
I'
i
PROJECT NO. 21-183.00/171929
CITY PROJECT NO. 2002-009
A. This Addendum modifies, changes from or adds to the Drawings and Project Manual dated
7/19/02; and previous addendums and shall become a part of the Contract Documents.
B. Bidders shall acknowledge receipt of this Addendum in the space provided on the Bid Form.
Failure to do so may be cause for disqualification of Bidder.
ADDENDUM ITEMS:
Item No. l: Refer to Specification "Advertisement for Bidders" (page ADV-1):
DELETE: "Sealed bids for general construction of Palm Beach Gardens Fire/Police Station No. 5 will
be received until 1:00 p.m. and opened at 2:00 p.m. Eastern Time on September 3, 2002, at the
office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410."
ADD: "Sealed bids for general construction of Palm Beach Gardens Fire/Police Station No. 5 will be
received until 1:00 p.m. and opened at 2:00 p.m. Eastern Time on September 12, 2002, at the
office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Bids
received after this time will
Item No. 2: Refer to Specification Section 8710 "Finish Hardware, Part 2"Products, Subsection 2.4
"Cylinders and Keying" Paragraph "B" (page 8710-4):
DELETE: "B. All cylinders will be 7 pin interchangeable core type. All cylinders will be keyed to the
BEST PREMIUM, Schlage Primus or Sargent High Security key system."
ADD: "B. All cylinders will be 7 pin interchangeable core type. All cylinders will be keyed to the
YALE key system."
End of Addendum.
ADDENDUM NO. 3
ADD 3-1
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2;1-183.00/171929 — PALM BEACH GARDENS
� FIRE/POLICE STATION NO. 5
ADDENDUM NO. 4
PALM BEACH GARDENS
FIltE/POLICE STATION NO. 5
DATE: September 6, 2002
ARCHITECT/ENGINEER:
GENERAL:
09/06/02
PROJECT NO. 21-183.00/171929
CITY PROJECT NO. 2002-009
Gee & Jenson
A Division of CH2M HILL
One Harvard Circle
West Palm Beach, FL 33409
A. This Addendum modifies, changes from or adds to the Drawings and
Project Manual dated 7/19/02, and previous addendums and shall become
a part of the Contract Documents.
B. Bidders shall acknowledge receipt of this Addendum in the space provided
on the Bid Form. Failure to do so may be cause for disqualification af
Bidder. -
ADDENDUM ITEMS:
Item No. 1: Bid Form — Lump Sum
A. Refer to Unit Price Bid Proposal Form for Site Improvements and
Utilities. DELETE Unit Price Bid Proposal Form, included in Addendum
No. 2. dated 08/27/02, in its entirety. ADD attached Unit Price Bid
Proposal Form dated 09/06/02.
Item No. 2: Specification Section 15420 — Drainage and Vent Piping
A. Refer to Article 1.1. ADD Paraaraph "B. Piping connection from roof
drainage downspouts to lateral roof drain lines. Coordinate with site storm
drainage piping."
Item No. 3: Specification Section 08710 — Finish Hardware
A. Refer to Article 3.3 Hardware Schedule in Specification Section 08710,
dated 08/28/02 which was included in Addendum No. 2. DELETE
Hardware Schedule, dated 08/28/02 in its entirety. ADD attached
Hardware Schedule, dated 09/06/02.
ADDEIVDUM N0. 4
ADD 41
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21-183.00 - PALM BEACH GARDENS
FIRE/POLICE STATION NO. 5
3.3
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9/6l02
$. Approximately six months after the acceptance of the building, the installer, and
representatives of the lock, exit device and closer manufacturers will return to the project. At
that time they will re-adjust every item of hardware to restore proper function of doors and
hardware. They will consult with the owner's personnel in recommended changes to the
maintenance procedures and will replace items that have failed under the warranty period. A
written report will be submitted to the architect describing current or predictable problems (of
a substantial nature) in the performance of the hardware.
HARDWARE SCHEDULE
A. Notes:
1.
2.
This project may contain doors that are oversized, non-standard thickness or have
applied trims. See the plans and door schedules to determine hinge widths and
clearance requirements.
Doors with glass lites andlor applied moldings will require spacers to allow fire exit
device installation.
Thru-bolts are to be used only where speci�cally indicated. No bolts, heads or
retainers are to show through door surface from applied hardware. Al( wood, hollow
metal or specialty doors are to be reinforced to allow for drilling and tapping of inetal
reinforcement or hardwood blocking to hold wood screws.
HARDWARE GROUP # 1: (Doors No. 132B, 133B, lOIA, 104, 111)
ETH (each to have):
3ea Butts BB1199 NRP _ _
lea Exit Device 7105
lea Pull X12L x TB
lea Cylinder 2197-7(Mortise for cylinder); 1193-7(Rim)
lea Closer 4401 X 400ST
lea Drip Cap 16A (Door 104 only)
lset Door Seals 700SA
lea Door Bottom C627A
lea Stop 237W (Door 111 only)
lea Threshold 9505 x SS1/4-20MS/LA
HARDWARE GROUP # 2(Doors No. 127D, 127E)
ETH:
3ea
lea
lea
lea
lea
lset
lea
lea
1 ea
Butts BB 1199 NRP
Storeroom Lock A48705FL x KLO
Closer 4420T
Kickplate 2235 x CSK x 16 x 2LDW
Drip Cap 16A
Door Seals 700SA
Door Bottom C627A
Threshold 9505 x SS 1/4-20MS/LA
Stop 237W(Door 127D only)
FINISH HARDWARE
630
630
630
630
689
628
628
628
630
628
630
630
689
630
628
628
628
628
630
Hager
Yale
Hager
Yale
Yale
Natl Guard
Natl Guard
Natl Guard
Hager
Natl Guard
Hager
Yale
Yale
Hager
Natl Guard
Natl Guard
Natl Guard
Natl Guard
Hager
08710-9
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21-183.00 - PALM BEACH GARDENS
FIRE/POLICE STATION NO. 5
HARDWARE GROUP # 3(Doors No. 109,110,128,143)
ETH:
3ea
lea
lea
lea
lea
lset
lea
lea
Butts BB 1199 NRP
StoreRm Lock A48705FI, x KLO
Latch Guard 1625
O.H.. HolderlStop 7000
Drip Cap 16A
Weather Strip A626A
Door Bottom C627A
Threshold 884S x SS 1/4-20MS/LA
HARDWARE GROUP # 4: NOT USED
HARDWARE GROUP # 5(Doors No. 125,134,136)
ETH:
3ea Butts BB 1199
lea Office Lock A48707FL
lea Stop 237W/241F
3ea Silencers 307D _
HARDWARE GROUP # 6 NOT USED
HARDWARE GROUP # 7(Door No. 139)
ETH:
3ea
lea
lea
lea
lea
3ea
Butts BB 1199
ClassRm Lock 8708FL
Closer 4400
Kickplate 2235 x CSK x 10 x 2LDW
Stop 237W/241F
Silencers 307D
HARDWARE GROUP # 8(Door No. 124)
ETH:
3ea
lea
]ea
lea
lea
lset
Butts BB 1199
ClassRm Lock 8708FL
Closer PR4410
Kickplate 2235 x CSK x 10 x 2LDW
Stop 237W/241F
Smoke Seals 9090
FINISH HARDWARE
630
630
630
6S2
628
628
628
628
630
630
630
Gray
630
630
630
630
630
Gray
630
630
689
630
630
Tan
9/6i02
Hager
Yale
Precision
ABH
Natl Guard
Natl Guazd
Natl Guazd
Natl Guazd
Hager
Yale
Hager
Hager
Hager
Yale
Yale
Hager
Hager
Hager
Hager
Yale
Yale
Hager
Hager
Natl Guard
08710-10
� �y� l
21-183.00 - PALM BEACH GARDENS j
FIRE/POLICE STATION NO. f�
HARDWARE GROUP # 9(Door No. 129)
ETH:
3ea Butts BB 1199NRP
lea StoreRm Lock 8705FL
lea Closer 4400
lea Kickplate 2235 x CSK x 10 x 2LDW
lea Stop 237W/241F
lea Si11513 x SS1/4-20MS/LA
3ea Silencers 307D
HARDWARE GROUP # 10 (Doors No. 102B, 121,135,140,141,142)
E'I'H:
3ea Butts BB 1199
lea StoreRm Lock 8705FL
lea Stop 237W/241F
3ea Sileneei•s 307D
HARDWARE GROUP # 11 (NOT USED)
HARDWARE GROUP # 12 (Doors No. 103A, 103B, 103C)
ETH:
3ea Butts BB 1199
lea StoreRm Lock 8705FL
lea O.H. Stop/Holder 3300A
3ea Silencers 307D
HARDWARE GROUP # 13 (NOT USED)
HARDWARE GROUP # 14 (Door No. 132A)
ETH:
3ea Butts BB 1 l 99 NRP
lea Fire Exit Device 7100F x 626F
1 ea Closer PR4400
1 ea Kickptate 2235 x CSK x 10 x 2LDW
lea Wall Stop 237W
lset Door Seals 700SA
1 ea Threshold 9505 x SS 1/4-20MS/LA
FINISH HARDV4'ARE
630
630
689
630
630
628
Gray
630
630
630
Gray
630
630
630
Gray
630
630
689
630
630
628
628
9/6/02
Hager
Yale
Yale
Hager
Hager
Natl Guard
Hager
Hager
Yale
Hager
Hager
Hager
Yale
ABH
Hager
Hager
Yale
Yale
Hager
Hager
Natl Guard
Natl Guard
08710-1 I
�- f�� j.
2]-183.00 - PALM BEACH GARDENS
FIRE/POLICE STATION NO. 5
HARDWARE GROUP # 15 (Door No. 133A)
ETH:
3ea Butts BB 1199
lea Passage Set 8701FL
lea Closer PR4400
lea Kickplate 2235 x CSK x 10 x 2LDW
lea Floor Stop 252F
3ea Silencers 307D
HARDWARE GROUP # 16 (Door No. 112A)
ETH:
3ea Butts BB1199
lea Passage Set 8701FL
lea Closer 4400
lea Kickplate 223S x CSK x 10 x 2LDW
lea Stop 237W
� ISct SOUIICI Seals 107SA
HARDWARE GROUP # 17 (Door No. 105)
- ETH:
3ea Butts BB1199
lea ClassRm Lock 8708FL
lea Closer 4400
lea Kickplate 2235 x CSK x 10 x 2LDW
lea Mop Plate 1935 x CSK x 4 x 1LDW
lea Stop 237W/241F
3ea Silencers 307D
HARDWARE GROUP # 17.1 (Door No. 131)
ETH:
3ea Butts BB 1199NRP
1 ea C1assRm Lock 8708FL
l ea Overhead Door Holder
lea Kickplate 2235 x CSK x 10 x 2LDW
lea Mop Plate 1935 x CSK x 4 x 1LDW
lea Stop 237W
3ea Silencers 307D
FINISH HARD i�VARE
630
630
689
630
626
Gray
630
630
689
630
630
62S
630
630
689
630
630
630
Gray
630
630
630
630
630
630
Gray
9/6/02 �
�
Hager
Yale
Yale
Hager
Hager
Hager4
Hager
Yale
Yale
Hager
Hager
Natl Guazd
Hager
Yale
Yale
Hager
Hager
Hager
Hager
Haoer
Yale
ABH
Hager
Hager
Hager
Hager
08710-12
1; �� f.
21-183.00 - PAL`M BEACH GARDENS
FI�E/POLICE STATION NO. 5
HARDWARE GROUP # 18 (Door No. 106)
ETH:
3ea Butts BB 1199
lea Passage Set 8701FL
lea Claser 4400
lea Kickplate 223S x CSK x 10 x 2LDW
lea Mop Plate 193S x CSK x 4 x 1LDW
lea Stop 237W/241F
3ea Silencers 307D
HARDWARE GROUP # 18.1 (Door No. 107)
ETH:
3ea Butts BB 1199
lea Privacy Lock 8702
lea Closer 8900
lea Kickplate 2235 x CSK x 10 x 2LDW
lea Mop Plate 1935 x CSK x 4 x 1LDW
lea Stop 237W
3ea Silencers 307D
HARDWARE GROUP # 19 (Door No. 130)
ETH:
3ea Butts BB 1199 NRP
lea ClassRm Lock 8708FL
lea Closer4400
lea Kickplate 223S x CSK x 10 x ZLDW
lea Mop Plate 1935 x CSK x 4 x 1LDW
lea Stop 237W
3ea Silencers 307D
HARDWARE GROUP # 20 (Doors No. 137, 138)
ETH:
3ea Butts BB 1199
lea Privacy Lock 8702FL
lea Closer4401
lea Kickplate 2235 x CSK x 10 x 2LDW
lea Stop 237W
3ea Silencers 307D
FINISH HARDWARE
�
630
630
689
630
630
630
Gray
630
630
689
630
630
630
Gray
630
630
689
630
630
630
Gray
630
630
689
630
630
Gray
9/6102
Yale
Yale
Yale
Hager
Hager
Hager
Hager
Hager
Yale
Dorma
� Hager
Hager
Hager
Hager
Hager
Yale
Yale
Hager
Hager
Hager
Hager
Hager
Yale
Yale
Hager
Hager
Hager
08710-13
a; r,�i i
21-183.00 - PALM BEACH GARDENS
FIRE/POLICE STATION NO. 5
HARDWARE GROUP # 21 (Doors No. 108, 122)
ETH:
3ea Butts BB 1199
lea Privacy Lock 8702
l ea Stop 237 W
3ea` Silencers 307D
HARDWARE GROUP # 22 (Doors No. lO1B, 112B)
ETH:
3ea Butts BB 1199NRP
lea Fire Exit Device 7100F x 626F
1 ea Closer 4401
lea Kickplate 2235 x CSK x 10 x 2LDW
lea VVall Stop 237W
lset Smoke Seal 9090 ..
lea Threshold 9505 x SS 1/4-20MS/LA
HARDWARE GROUP # 23 (Door No. 102A)
ETH:
3ea Butts BB 1199
lea Passage Set 8701FL
lea Closer4401
lea Kickplate 2235 x CSK x 10 x 2LDW
lea Wall Stop 237W
lset Sound Seal 107SA
,'
i
630
630
630
Gray
630
630
689
630
630
TAN
628
630
630
689
630
630
628
HARDWARE GROUP # 24 (Doors No. 127A, 127B, 127C, 127F, 127G, 127H)
ETH:
lea Cylinder 2197 630
lea Padlock 870-7 PIN 630
2ea Door Position Switch 2245A 630
FINISH HARDWARE
9/6/02
Hager
Yale
Hager
Hager
Hager
Yale
Yale
Hager
Hager
Natl Guard
Natl Guazd
Hager
Yale
Yale
Hager
Hager
Natl Guard
Yale
Yale
Sentrol
08710-14
�� � 3 j
;` 21-] 83.00 - PALM BEACH GARDENS
/ FIRE/POLICE STATION NO. 5
HARDWARE GROUP # 25 (Door No. 123)
ETH:
1 set Track and Hazdware H2O0/8 628
lea Privacy 8585 626
1 ea Edge Pu110465 626
HARDWARE GROUP # 26
PROVIDE TF� FOLLOWING:
lea Key Cabinet .
l0ea Const. Master Keys
- C�t keys: GMK, MK's, and 3 keys each cyl.
SOea Key blanks
15ea Extra permanent cores keyed to owner's directions.
lea Written wananty for each, Lock & cylinders, closers and exit devices.
lset Catalog cuts and Parts Manuals for Locks, Closers and Exit Devices.
4ea 7obsite instructian, inspection and consultations.
END OF SECTION 08710
9/6/02
Henderson
Baldwin
Baldwin
FINISH HARDWARE 08710-15
t" : � s t
6,
UNIT P�tICE
BID PROPOSAL FORM
FOR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMENT5 & UTILITIES
3913 FLAMINGO ROAD
PALM BEACH GARDENS, FLORIDA
Note: This portion of the Contract is a Unit Price Bid. All bid t�rices shall include the cost of furnishing all labor, supervision,
equipment, fuel, transpoRation, tools, material, supplies, testing, and services necessary for complete installation per the Plans
and Specifications and as noted in the Pay Item Footnotes. Said payment shall constitute full and complete compensation foc all
work required for the bid item, as well as is noted in the Pay Item Footnotes which are included within the Contract Documents.
Item Number Descri tion Units Quanti Unit Pdce Amount
GENERALITEMS
101-01 Mobilization Lum Sum 1 LS $
101-20 Surve Crew Lum Sum 1 L,S $
101-30 Project Records - Drawing Survey and
Record Drawin Lum Sum 1 LS $
102-01 Maintenance of Traffic Lum Sum I LS $
SITE PREPARATIOIV ITEMS
104-99 Erosion Control Lum Sum 1 LS $
110-01 Glearin and Grubbin Lum Sum 1 LS $
120-01 Re ular Excavation Lum Sum 1 LS $
120-02 Borrow Material � Cu Yds 100 $ $
PAVEMENT ITEMS
180-70 12" Stabilized Sub rade S Yds 2,114 $ $
220-70-06 12" Com acted Sub rade S Yds 922 $ $
285-704 6" Limerock Base or Crushed Concrete S Yds 922 $ $
285-709 10" Limerock Base or Crushed Concrete S Yds 2,114 $ $
331-72-10 1" T e S-1 As halt S Yds • 922 $ $
331-72-14 1.5"T eS-1 As halt S Yds 410 $ $
331-72-20 2" T e S-1 As halt S Yds 1,704 $ $
333-01-01 1" T e S-III As halt S Yds 410 $ $
350-02-02 Reinforced Concrete Pavement 8") S Yd 712 $ $
STORM SEWER ITEMS
425-01-52 T e"C" Inlet w/Grate Per Unit 4$ $
425-01-54 T e"D" Inlet w/Grate Per Unit 3$ $
425-Oi-90 T "D" Inlet w/Grate & A ron Flume Per Unit 2$ $
425-01-98 Reconstruct Existin [nlet As T e 5 Inle[ Per Unit 1$ $
425-02 Construct Storm Manhole w/Frame &
Cover Per Unit 1 $ $
425-02-99 Reconstruct Existin Storm Sewer Per Unit 1$ $
425-10 Yard Drain Inlet w/Grate Per Unit 1$ $
430-11-323 Concrete Pi e Culvert - 15" RCP Lin Ft 457 $ $
430-11-325 Concrete Pi e Culvert - 18" RCP Lin Ft 275 $ $
430-11-329 Concrete Pi e Culvert - 24" RCP Lin Ft 41 $ $
430-96-16 6" PVC - Roof Drain lines Lin Ft 511 $ $
430-171-21 12" H.D.P.E. Lin Ft 40 $ $
PC CONCRETE ITENIS
520-01-10 T e"F" Curb & Gutter Lin Ft 270 $ $
520-02-04 T e"D" Curb Lin Ft 1,240 $ $
520-03 Valle Gutter Lin Ft 200 $ $
UNITPRiCEttIllPROI'OSALFOR�1 BP-1 r���.�i�.n.��,owrnk,ve.�h.•aoun.r•••,�r..�.o�._�-n_.� x�,wn.u.,w..i�a.�...i. u�aenoot txAS►w
�:'_t:+ �+
UNIT YRICE
BID PROPOSAL I�'ORM
FOR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMENTS & UTILITIES
3913 FLAMINGO ROAD
PALM BEACH GARDENS, FLORIDA
Note: This portion of the Contract is a Unit Price Bid. Ail bid prices shali include the cost of fw-nishing all labor, supervision,
equipment, fuel, vansportation, tools, material, supplies, testins, and services necessary for complete installation per the Plans
and Specificalions and as noted in thz Pay Item Footnotes. Said payment shall constitute full and complete compensation for all
work required for the bid item, as well as is noted in the Pay Item Footnotes which are included within the Contract Documents.
Item Number Descri tion Units Quantit Unit Price Amount
522-01 4" PC Concrete Sidewalk S. Ft. 2,860 $ $
522-998 Concrete Wheel Sto s Per Unit 32 $ $
522-999 Concrete Pad (For Generator and Fuel
Tank) Per Unit 1 $ $
522-999-1 Concrete Pad (For Irri ation Well P�m ) Per Unit 1$ $
522-99-999 Concrete 13ollards T e"B") Per linit 19 $ $
SIGNAGE & PAVEMENT MARKING ITEMS
700-40-01 Traffic Control Siens (Itemized below) Per Unit 11 $ $
711-35-01 Barrier Free S mbol Pavement Markin Per Unit
711-35-041 Pavement S[ri in (Parkin� Stalls) Lin Ft
7t 1-35-181 Solid Traffic Stripe (18" White)
Thermoplas[ic - Cross walk stripping with
Border Per Unit
711-35-241 Solid Traffic Stripe (24" White)
Thermo lastic -(Sto Bars) Lin Ft
711-35-998 Barrier Free 5' Restricted Area Pavement
Marking Per Unit
U-O 1
U-02
U-03
U-0-�
U-0 �
U-O6
U-07
U-08
U-09
U-10
L�-1 1
U-12
Oil/Water Se arator Lum Sum
Sam le Points Per Unit
Sanitar Sewcr Service - PVC SDR 26 - 4" Lin Ft
Sanitar Sewer Service - PVC SDR '?6 - 6" Lin Ft
Fire F[ydrant Assembl Per Unit
Siamese Connection For Fire Line Per Unit
4" DIWM - Fire Line Lin Ft
6" DIWM Lin Ft
1" Copper Water Line w/Hose Bibb &
Vacuum Breaker For Dum ster) Lin F[
2" PE SDR 9- Watcr Service Lin Ft
2" Meter & RPZ [3ackflow Preventor Per Unit
�Vatermain Jumper Assemblv Lump Sum
UN17' PKIl7�. ltltt 1'R�?i'Oti.\L f�OK�I
2 $
630 $
2�$
�
��Li
0�
m�
��
0�
��
��
�� �
��
0�
��
$
$
�
�
$
$
$
$
$
$
$
�
�S�'-? r�i.�,ii:��<�.:.n�.iu.�,v<.�.�,.�an�.ir�r,..,i�..,,�, ox,. , e„i�„k.�,!,i.���i iio.��+.a�. OaON�AO7 I1ptM
�G :_+,= r ,t
�
,
�` UNIT PRICE
BID PROPOSAL FORM
FOR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMENTS & UTILITIES
3913 FLAMINGO ROAD
PALM BEACH CARDENS, FLORIDA
Nott: This portion of the Contract is a Unit P�ice Bid. All bid prices shall include the cost of furnishing al! labor, supervision,
equipment, fuel, transportation, tools, material, supplies, testing, and services necessary for complete installation per the Plans
and Specifications and as noted in the Pay Ttem Footnotes. Said payment shall constitute full and complete compensation for all
work required for the bid item, as weil as is noted in the Pay Item Footnotes which are included within the Contract Documents.
Item Number Descri tion Units Quantit Unit Price Amount
LANDSCAPING & IRRIGATION TTEMS
102-61-01 Monument Si n Per Unit i$ $
162-03 To soil (4") S Yds+F113 5,488 $ $
902-999 Dum sterEnciosure Per Unit 1$ $
THE FOLLOWING LANDSCAPWG & iRRICATiON ITEMS RELATE TO THE LANDSCAPE & IRRIGATION
PLANS FOR TiiE PROJECT
L-01 Sod SG Au ustine 'Floritam') S Ft 34,000 $ $
Lr02 Stakin & Gu in Trees Per Uni[ 84 $ $
L-03 Stakin & Gu in Yalms Per Unit 82 $ $
L-04 Mulch & Bark (C ress Mulch) Cu Yds 95 $ $
L-0� IC ILEX CASS]NE Per Unit 20 $ $
L-06 HR HIB[SCUS - STANDARD Per Unit • 3$ $
L-07 LL LIGUSTRUM LUCIDUM Per Unit 3$ $
L-08 PE PII3US DENSA Per Unit 10 $ $
L-09 PE-I PINUS DENSA Per Unit 16 $ $
L-]0 PE-2 PINUS DENSA Per Unit 18 $ $
L-11 QV UERCUS VIRGINIANA Per Unit " 14 $ $
L-12 SP SABAL PALMETTO Per Unit 82 $ $
L-13 ANN ANNUALS PerUnit 150 $ $
L-14 CHH CHRYSOBALANUS ICACO
'HORIZONTALIS � Per Unit 75 $ $
L-15 CHR CHRYSOBALANUS ICACO 'RED
T[P` Per Unit 1,001 $ $
L-16 CRI CRINUM ASIATICUM Per Uni[ 3$ $
L-17 EUP EUPHORB[A MILII'ROSY' Per Unit 190 $ $
L-18 HIB HIB[SCUS Per Unit 57 $ $
L-19 ILE ILEX VOMITORIA'STOKE5
DWARF' Per Unit 575 $ $
L-20 LIR L[RIOPE MUSCARI[ Per Unit 225 $ $
L-21 MYR HIBISCUS Per Unit 350 $ $
L-22 PHX P�-IILODENDRON XANADO Per Unit 115 $ $
L-2.i PFiO PHOENIX ROEBELENII Per Unit 2$ $
L-24 TR[ TRIPSACUM DACTYLOIDES Per Unit 90 $ $
L-25 TFL TRIPSCAUM FLORIDANA Per Unit 73 $ $
L-26 BioBarrier lI Root Control (39" x
100' roll Per Unit 2$ $
1RRIGATION SYSTEM
I-01 Flood B�bbler Per Unit 14 $ $
I-02 Above-Ground Shrub Adapter on
PVC Riser Per Unit 103 $ $
UhIT PRICE iflD PKOPOSAL FORD1 BP-3 r.����.sn.m�.•,..o.n�.,�s,•.;..�n�ar��..w�:,,e.ns:i-o_.i�wur.n.u.,r�ui�...i. mosaom s:�n�
`!l�'��; i. �
UNIT PRICE ' �
BID PROPOSAL I+ ORitiI �
FOR
PALM BEACH GARDENS
FIRE STATION #5
SITE IMPROVEMENTS & UTILITIES
3913 FLAMINGO ROAD
PALht BEACH GARDENS, FLORIDA
Note: This portion of the Contract is a Unit Price Bid. All bid prices shall inciude the cost of fumishing ail labor, supervision,
equipment, fuel, transportation, tools, material, supplies, testing, and services necessary for complete installation per the Plans
and Specifications and as noted in the Pay Item Footnotes. Said payment shall constitute full and complete compensation for all
work required for the bid item, as well as is noted in the Pay Item Footnotes which are included within the Contract Documents.
Item Number Descri tion Units Quantit Un3t Price Amount
I-03 12" Po -u S ra Head Per Unit 136 $ $
I-04 6" Po -u S ra Head Per Unit 104 $ $
I-OS 4" Po -u Rotor Head Per Unit 55 $ $
I-06 4" Schedule 40 PVC Sleeve Lin Ft 71 $ $
I-07 3" Schedule 40 PVC Sleeve Lin Ft 51 $ $
I-08 2" Schedule 40 PVC Sleeve Lin Ft 96 $ $
I-09 2" Schedule 40 Main Line Lin Ft 969 $ $
I-10 1 1/2" Electric Valve w/12"Valve
Box Per Uni[ 14 $ $
I-11 5 HP Pum in Station Lum Sum 1$ $
f-l2 4" Galvanized Steel Casin� �'ell Lum Sum 1$ $
SUBTOTAL UNIT PRICE BASE BID $
TOTAL BID �OR SITE & UTILITY WORK (SUBTOTAL UNIT PRICE BASE BID +
SUBTOTAL ADDENDUM ITEMS) $
Dollars
Total Amount of Bid in Words
Submitted by: (Name of Bidding Firm)
Title
Submitted by: ([�1ame & Title of Agent for Bidding Firm - Print or Type)
Submitted by: (Signature of Agent for Bidding Firm) Date
UNITPRICIs ISIU PROPOSAL FOR;41 I3P-�i �-�,on�.ro•�...owi�..vc�.;,.,iuwi+.r,»,i�:,�..m.:�+c.i�w,�.n�i.w n u.•�..i. �raosrton t2uatY
��
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 30, 2002
Meeting Date: October 17, 2002
Resolution 182, 2002
Subject/Agenda Item:
Resolution 182, 2002: Mirasol Way Modifications to East Entry Gate Feature
Consent: A request by Anne Booth of Urban Design Studio, on behalf of Taylor-Woodrow
Communities, to allow for the modification of the east entry gate feature located at the intersection of
Mirasol Way and Jog Road. The Mirasol PCD is bounded by PGA Boulevard to the south, Hood
Road to the north, Florida's Turnpike to the east and the C-18 Canal to the west (4 and 5-42S-42E).
[X] Recommendation to APPROVE
Recommendation to DENY
Reviewed by: (� _ Originating Dept.: Costs: $ Council Action:
Principal Pla e ����v Growth Management (Total)
Talal Benothman,
City Attorne P�I e; t Manager [] Approved
Leonard Ru �n, esq ,VW
Brad Wiseman, Planner
Development
Compliance��t/ $ _ [ ]Approved w/
Bahareh Keshavarz-Wolfs Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [] Other • Resolution 182, 2002
• Resolution 56, 2001
• Reduced Plans
Submitted by:
Growth Man��areJ� �� [ ] Not Required
Administrato �_
Charles K. Wu, AICP �
Department Director Affected parties Budget Acct.#:
Approve y: [X] Notified [ ] None
City anag
Ron . e 's
[ ] Not required
Date Prepared: September 30, 2002
Meeting Date: October 17, 2002
Resolution 182, 2002
BACKGROUND:
On October 15, 1998, the City Council approved Ordinance 21, 1998, which approved the Master
Plan of the Mirasol PCD. Since that time the developer has requested, and the City has approved,
two modifications to the PCD. A condition listed in approved Ordinance 8, 2000, required the City
Council to review and approve the signage program in the Mirasol PCD. On April 19, 2001, the
City Council approved Resolution 56, 2001, which approved the master signage progam.
The existing entry feature located at the intersection of Mirasol Way and Jog Road was approved
prior to the adoption of the signage program. The applicant is now proposing to incorporate a main
entry feature into the existing columns and landscaping. Mirasol Way, formerly known as Golf
Club Drive, was originally utilized to provide access to the eastern residential communities of
Mirasol. Since the PCD has been amended, Mirasol Way now functions as a connection between the
eastern and western communities, serving as a main thruway to the PCD.
LAND USE & ZONING:
The subject site has a future land-use and Vision map designations of Residential Low. The site is
zoned Planned Community District (PCD) with an underlying zoning of Residential Low Density-3
(RL-3).
PROJECT DETAILS:
The applicant is proposing to construct a 74-foot curved stucco wall between the existing columns.
The wall will be gold in color to match the existing columns and the existing main entry feature at
the Jog Road parkway. A 1-inch thick, aluminum plate, "Mirasol" sign will be installed at the
center of the wall. Two window openings will be incorporated into the wall, and will be located 5.6-
feet to the east and west of the Mirasol logo. The wall will be landscaped with shrubbery, two
specimen oaks, vines, and two cast iron planter bowls.
CONSISTENCY WITH MASTER SIGNAGE PROGRAM:
Desi n
The master signage program states that the Parcel Entry Features shall be compositions of elements
such as: columns, walls, open windows, trellises, fountains, and architectural accents such as pots.
This proposal contains open windows, cast iron pots, and columns.
Color
Gold as the color of the wall is consistent with the other entry features located in Mirasol, and is
consistent with the Mediterranean and earth tone colors listed in the signage program.
Date Prepared: September 30, 2002
Meeting Date: October 17, 2002
Resolution 182, 2002
Size
The wall's highest point reaches 11-feet; the master signage program allows for walls to be no higher
than 14-feet. The existing columns are 12-feet high; the signage program limits column height to
16-feet.
Si�na�e
The Mirasol sign to be placed on the wall meets the 8-foot height limit above adjacent road grades.
The sign also meets the pin-mounted material requirement.
STAFF RECOMMENDATION:
Staff recommends approval of petition MISC-02-17.
Date Prepared: September 30, 2002
P age 1
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 182, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF
MODIFICATIONS TO TAE EAST ENTRY GATE FEATURE WITHIN THE
MIRASOL PLANNED COMMUNITY DISTRICT (PCD) LOCATED AT THE
INTERSECTION OF JOG ROAD AND MIRASOL WAY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHERAS, the City of Palm Beach Gardens has received an application (MISC-02-17) from Taylor-
Woodrow Communities to provide for a new east entry gate feature at the Mirasol Planned
Community Development; and
WHEREAS, Resolution 56, 2001, approved the Master Signage Program for the Mirasol Planned
Community Development; and
WHEREAS, the 2,304.79-acre "Mirasol Planned Community Development" site is currently zoned
Planned Community District (PCD) with an underlying zoning of Residential Low-3 (RL-3), and has
a future land use of Residential Low (RL); and
WHEREAS, the Growth Management Deparhnent has reviewed said application and determined that
it is sufficient and that it is consistent with the City's Comprehensive Plan, the Land Development
Regulations, and the Mirasol Master Signage Progam (Resolution 56, 2001); and
WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the
citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The faregoing "WHEREAS" clause are hereby ratified and confirmed as being true
and correct and is hereby made a specific part of this Resolution.
SECTION 2: The City Council herby approves petition (MISC-02-17) providing for modifications to
the entry feature located at the intersection of Mirasol Way and Jog Road in the Mirasol PCD.
Date Prepared: September 30, 2002
Page2
SECTION 3: Said approval shall be consistent with the plans on file with the City's Growth
Management Department as follows:
1. East Gate Entry, Mirasol PCD, Entry Elevation, by Krent Wieland Design Inc., July 26,
2002, 1 sheet.
2. East Gate Entry, Mirasol PCD, Entry Hardscape Plan, by Krent Wieland Design Inc.,
September 25, 2002, 1 sheet.
3. Graphic Rendering showing wall and landscaping dated September 25, 2002.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon adoption.
Date Prepared: September 30, 2002
Page3
PASSED, ADOPTED AND APPROVED this day of , 20_.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUB1N
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
Date Prepared: September 30, 2002
Meeting Date: October 17, 2002
Resolution 182, 2002
EXHIBIT A
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April 2, 2001
RESOLUTION 56, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF A MASTER SIGNAGE PROGRAM FOR THE
MIRASOL PLANNED COMMUNITY DEVELOPMENT (PCD)
(F.K.A. GOLF DIGEST); AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens approved Ordinance 8,
2000, which approved the Mirasol Planned Community Development; and
WHEREAS, Ordinance 8, 2000 required that the applicant submit a
master signage program application for City Council review and approval;
and
WHEREAS, the City of Palm Beach Gardens has received an
application from Taylor-Woodrow Communities to provide for a master
signage program for the Mirasol Planned Community Development; and
WHEREAS, the 2,304.79-acre "Mirasol Planned Community
Development" site is currently zoned Planned Community District (PCD) with
an underlying zoning of RL-3 Residential Low, and a future land use of
Residential Low (RL); and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient and consistent with the City's
Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Growth Management Department has recommended
approval of the master signage program for the Mirasol Planned Community
Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens,
Florida hereby approves a master signage program for the Mirasol Planned
Community Development.
SECTION 2. Construction of the master signage program shall be in
compliance with the following plans on file with the City's Growth
Management Department:
�
1
Resolutlon 56, 2001
Meeting Date: April 19, 2001
Date Prepared: Apri12, 2001
Petition MISC-01-05
Official Exhibits:
1. February 23, 2001 (stamped) Taylor Woodrow Communities Mirasol
Information Program, Assembled by Taylor Woodrow Communities,
Krent Wieland Design, and Awning and Sign Engineering
.Corporation.
SECTION 3. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THISi 4�DAY OF %�pQ,�2001.
�
HJR. RUSSO
ATT T BY:
�
CAROL GOLC�%
CITY CLERK, MMC
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
�--�--� G��� -
�TY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
AYE
✓
✓
✓
✓
�
�►:
NAY ABSENT
�
�
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 16, 2002
Meeting Date: October 17, 2002
Resolution: 173, 2002
Subject/Agenda Item: Gables at Northlake Subdivision Plat
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
(Total)
City Attorney [ ] Approved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [ ] Other
Submitted by:
� C �� [ ] Not Required
Sean C. Donahue, P.E.
Assistant City Engineer
De rtment Director Affected parties Budget Acct.#:
O�v(.o� �. t�,
Appro ed by: [] Notified [] None
C' y Ma ager [] Not required
Date Prepared: September 16, 2002
Meeting Date: October 17, 2002
Resolution: 173, 2002
EXI}3ITS & ATTACHIN::E±;NTS MI;NTIONF.,D ML1ST BE INCLUDI±�D W[T�I THF:
MENTIONED ITEM AND BEFORE THE NEXT TOPIC
• BACKGROUND:
• MISC/OTHER
• STAFF RECOMMENDATION:
• RESOLUTION:
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 173, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING THE GABLES AT
NORTHLAKE PLAT AND, PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City engineer has reviewed the Gables at Northlake Plat; and
WHEREAS, the City engineer has determined that the proposed plat meets all the technical
requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends
the approval of the plat; and
WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; and
WHEREAS, the City Council has deemed approval of this resolution to be in the best interest of
the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and
correct and is hereby made a specific part of this Resolution.
SECTION 2: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar
of the Gables at Northlake Plat consisting of six (6) sheets dated March 2002, prepared by Shah,
Drotos & Associates, Inc., attached hereto as Exhibit "A."
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
-1-
PASSED, ADOPTED AND APPROVED this day of , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
Date Prepared: September 16, 2002
Meeting Date: October 17, 2002
Resolution: 173, 2002
EXHIBIT A
INC
CONSULTING CIVIL ENGINEERS,
SURVEYORS & MAPPERS
CIVIL
AGRICULTUR AT •
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
"Partnexs For Results
Value By Design"
3550 S.W. Corpoxate Pkwy.
Palm City, FL 34990
(561) 286-3883
Fax (561) 286-3925
�vww.lbfh.com
TO:
FROM:
DATE:
MEMORAND UM
Patricia Snider-City Clerk
Sean C. Donahue, PE
September 16, 2002
FILE NO. 99-4088
SUBJECT: Gables at Northlake Subdivision Plat
We have completed our review of the plat for the referenced project prepared by
Shah, Drotos & Associates, Inc. The plat was reviewed for technical compliance
with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens
requirements. We have no other engineering concerns with this plat. Therefore,
we recommend its approval.
SCD/
P:1PB GMEMO\4088\4088zk. doc
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 185, 2002
Subject/Agenda Item:
Resolution 185, 2002 — Consider approval of a proposal in the amount of $49,962 from
LBFH, Inc. for construction support services related to the Roadway Improvements Project
(City Project No. 2002-025).
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ 49.962 Council Action:
David Reyes, Streets (Total)
Superintenden�
City Attomey Public Works [] Approved
Angela Wong, Projects $ 49.962 []Approved w/
Manager Current FY conditions
City Engine
�' Communiry Services [ ] Denied
Contracts/Grant Advertised: N/A Funding Source: [] Continued to:
Administra
Date: [ X ] Operating Attachments:
Paper: [] Other • Resolution 185, 2002
Finance Director LBFH, Inx. Proposal
.
�
Submitted by:
[ X ] Not Required
Jack Doughney,
Community Services
Ad ' r '
De e ector Affected parties Budget Acct.#: [] None
Ap ed by: [ X] Notified 016-3000-539.5265
Ci an ger I l Not required
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 185, 2002
BACKGROUND: As approved on August 15, 2002, the City will be conducting roadway
improvements via a contract with Ranger Construction Industries, Inc. and Dunworth
Construction for paving, swales and sidewalk repairs. The City has requested a proposal
from LBFH, Inc. to perform daily inspections of the construction activities for the purposes
of observing the progress and quality of the contractor's work. This effort is directed toward
providing the City a greater degree of confidence that the completed project will conform to
the contract requirements and specifications. The project time period is contracted at 150
calendar days, with estimated completion in late March 2003.
• STAFF RECOMMENDATION: Approve Resolution 185, 2002 authorizing the execution
of a proposal for construction support services from LBF&H, Inc. in the amount of
$49,962.00.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 185, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT WITH
LBFH, INC. FOR ENGINEERING SERVICES RELATED TO THE
ROADWAY IMPROVEMENTS PROJECT (CITY PROJECT NO. 2002-025);
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City desires to make roadway improvements to various locations throughout the
City; and
WHEREAS, the City has retained LBFH, Inc. as its City Engineer and has a continuing contract
with LBFH to provide engineering services; and
WHEREAS, an engineering team that is well-qualified and experienced in roadway construction
has been assembled by LBFH, Inc., and LBFH, Inc. has agreed to provide such specialized
professional services in accordance with the terms of the proposal and its continuing contract
with the City; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best
interests of the citizens and residents of the City of Palm Beach Gardens to authorize the
agreement between the City and LBFH, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council hereby authorizes and approves the agreement with LBFH, Inc.,
attached hereto as Exhibit "A" and incorporated herein by reference, to provide engineering
services for the Roadway Improvements Project. The City Council hereby approves expending
no more that $49,962 for engineering services relating to this project.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: If any clause, section, other part or application of the Resolution is held by any
court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not
affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of , 20_.
MAYOR ERIC JABLIN
ATTEST:
PATRICIA SNIDER, CIT`Y CLERK
I HEREBY CERTIFY that I have approved
this RESOLUTION as to form.
LEONARD G. RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
-2-
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 185, 2002
EXHIBIT A
LBFH, INC. PROPOSAL
Request for Legal or Engineering Assistance
File Opening Authorization
City of Palm Beach Gardens
Department R,equesting Service= Communitv Services Department
1�pe of Assistance� X City Engineer Consultant
City Attorney Special Counsel
Contact Person� Angela Wong. Project Manager Phone Extension� 799-4234
Brief Description of Legal Question or Issue� Project No. 2002-025/R,oadway
Improvements — Engineering services requested for assistance with the
Citv's road resurfacing, swale reconstruction an�d sidewalk repair project.
Account Number� 016-3000-539-5265 (Gas Taxes)
The City CounciUCity Manager authorizes the City Attorney, Labor or
Special Counsel to work on the above-referenced issue at an hourly rate. The
City Council/City Manager may limit this authorization as set forth below, or
as may be set forth in an attached writing.
Maximum Number of Hours�
Maximum Hourly Rate=
Other= For an a ount o ceed 49 962.00
Departm H u 'za io City Manager/City Councilperson
City Manager Prioritization/Notes�
Original to City Clerk
Copies to= Contact Person
Finance Administrator
City Engineer
�,,. .. �-vv�� T. [vV[ V,L/nm tvi i� ni v
�
�BFFI tnc -Ci of Paim Beac G xdens
Work Auth rization
LB�H inc. will pertorm the fo{lowing work:
i�v. VV 1 �. L
Phase 50: TeamlCiient Meetin and Pro'ect Coor� ;�tis dewatk nstallatton and/o,r� r pag and
meetings with City staff to coordinate th� roadway P 9►
swale testoration wotk effort ar►d provide staff s�ppart as needed, This task indudes up to (10) 1-
y/� hour meetings. �me & Expense Estimate: $2,252
ph 6p; Canstructio Services: LBFN wiil partorm daily inspeotions of the construction
activities for the purposes of obsenring the R�ogress and qual'ity of the work, and to determine
whett�� or r�ot the �+o�k is proceeding in accordance with the contract. This effort is directed
toward ptaviding the City a greater degree of conf+dence that the cOmpleted project will conform to
the coniract requ�rements and speci�cat�ons.
LBFH has no co�trot ovet the weather, wark stoppages, the qualiiy of the Contractor's work or the
sequencing of the same. Therefore, it is understood that the fonowing scope of work and
associated fees is estimated oniy.
L,gFH setvices under tfiis section shail inctude:
�. �mited Co�struction Observat+on: LBFH, hy providing limited construction observation
senrices, shall make site visits ta observe the construction of impro ��f �e p o aosed
engineering determination can be made regardir►g the qualitY �°mp p
improvements• The PurPose of the limiied project representation is to pravide cansttuction
observafion of the progress and quallty of the constructian work. and to determine, in general, if
the consiruction is prviceed�n9 En accordance with the intent of ihe contract. The services
provided are not intended to be cc>mprehensNe o� Qachaustive in nature, and shall in no way
re!"�eve the Contractor f�m their �me tete responsibility for the means, methads, sequence of
construction and construchon srte tY
This estimate assumes tha# IBFH shaN pravidg limited project representation by being present
at the site at intervals appropriate to #iie various stages of consKuction• �Q� this estimate. it is
assumed that s�te work wi11 be ca�ducted during a five-month (20-week) oonstruction period,
and that regutar site inspectior5'nri�� oc�ur on average 5 hourslday up to (5) times a week.
LBFH shall not�iy the City of observed pemtanent wo�k which daes nat appear to sua�natnn�ony
conform to the contraci documents, p�epar�= a wntten teport describing any app
conforming pennanenf work as�d make recommendations to the City far its corr�ction. Should
Nmited construction obssrvation be required beyond the five (5j month duration, these services
witl be considered Additionat �erviC�s and compensated as such. ,
P:102-42671Pr'nPoSaNNork Autl�orization Rdwy �mProv CEl.doc
��
IYU. �D I r. 3
2 ConVac#or's Pay or Change Ord�r Requests: LBFH shaii review pay requests as submitted
by the contracior as they reiate to the roadway improvement woric. IBFH wilt veMy quan�ties
and make a recommandation to the City to proceed, wit#3 the payr�nt as requested, or as
modif'�ed based on LBFH's review.
�. Fin�i lnspections: 1..BFH shal! perform a construction ok�setvation visit to determine if the
project is subs#8ntiatly camplete, and a�nat cc�struction observation visit to determine if the
ptaject has bee� completed in accordance with the Contract and in a manner satisfactory to
provisie tl�e necessary assurances that the wculc meets the appiicable critetia. If repetitian of
these visits is required, the add'�ional visits shait be co�sidered Additionaf Seniices of tBFM
and wili be bitteci on a Time & Exper� basis.
15me & �xpense Estimate,: $ 47,�10
SPECtAL PROVtStONS
The foilawing Specia! Provisions shaA qualif�+ or suppiement any provision in this Agreement� and shali
override and take prec:�dence over any provisions v�ith which they may be in eonftiat;
1. The Time an+d Expenss est�►ates are based on p�st e�rience art si�ar iasks for similar projects.
However, #hese estimates may naed to be reviseci based on tfie individuai chara�teristics pf this project
subseqcrent #a init�aticm af servic�s by LBFI-i. Prior to providing sen+ices beyond the level af effort
represer�ted in the estima#ed fee for iime and Exper�se items, LB�H wiN inform the Ciiy oi the status of
the estima�eed budget to agrse upan eitt�er additional fees or a reductions of the Scope of 5eroices
provided by IBFH.
2. 1'!�e Ciiy shafl de�gr�ate, in wrriting, a psrson to act as tne City's representative with respect to the
services to pe rendered. Such person shatt have complete au�ority to transmit instructions, receive
ir�formatian� inter�ret and define the Giiy's palicies and decisions wi#h respec� to IB�FI's services for the
Aro1� .
3. The Gity shatl assist LB�H, by giacing at LBFH's disposai, aq available infarma�o� p�rtinent to the
proje� �nctuding previa�s repoKS, �urveys and any other c�ta relative ta the corzstructian of the praject.
To#ai Time & Expense tdot to Eacceed: $49,462
REi�I:� Exnenses: Th�s inciudes arry d'�ct, nar�sata►y exp�ense. �n�iuding but not Iimited to
phaictCOpies, bluepriMs, out-oi-office reproduction or phota�r$phic services, long distance telephone calls,
spacial mailing (FedE�c ar UPS) services, oormact servlces authcuized by the C1"�ent, special materials and
survay markers.
Estimated Fee: $500
P:lA2-428TPrapo9a►�Work AuthoriaeHon Rdwy Improv CEt.doo
--Ub I, 4, 1VUL ��; 1t1HNl L�tti WY� luv. pD I
Authorize Construction Suppo� Services for a Total Not to E�cceed Contract:
City Manager Date
P:102-42B7�P�oposs�\Work Autflorization RdwY �n►pc�'v CEl.doc
City Engi►neer Date
f. 4
�49,962
ti�_,
CasE $te�akdo�vn for
i'raposed Construct3on Support Serrtces for Roeda�sy inaproveareols
iar ttta C9ty of Pasm Beecb Cardeas, Ftotida
Pas�itiat RroJ. D�. Seniar &lgr Psq'{act Eng.III Pmjact S�gr. l SrField Rep Survey Cccw Admin. Tssk Hra Task $
AateThr. S {30 S fOZ $ 83 $ 73 3 6ti S 242 � 36
Pbase
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 187, 2002
Subject/Agenda Item: Frenchman's Reserve-Plat B Subdivision Plat
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
(Total)
City Attorney [ ] Approved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: ( j Continued to:
Date: [ ] Operating Attachments:
Paper: [ ] Other
Submitted by:
� � ��_ [x] Not Required
Sean C. Donahue, P.E.
Assistant City Engineer
Dep ment Director Affected parties Budget Acct.#:
6 . Wh�
Appr ved by: [] Notified [] None
City Mana er (] Not required
iNc
CONSULTING CIVIL ENGINEERS,
SURVEYORS & MAPPERS
CIVIL
AGRICULTUR AT"
WATER RESOURCES
WATER & WASTEWATER
TRA.NSPORTATION
SURVEY & MAPPING
GIS
"Partnexs For Results
Value By Design"
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286-3883
Fax (561) 286-3925
www.lbfh.com
TO:
FROM:
DATE:
MEMORAND UM
Patricia Snider-City Clerk
Sean C. Donahue, PE
October 7, 2002
FILE NO. 02-4242
SUBJECT: Frenchman's Reserve-Plat "B" Subdivision Plat
We have completed our review of the plat for the referenced project prepared by
Wantman Group, Inc. The plat was reviewed for technical compliance with
Chapter 177 of the Florida Statues and the City of Palm Beach Gardens
requirements. We have no other engineering concerns with this plat. Therefore,
we recommend its approval.
SCD/
P:\PROJECTS�PB GMEMO\4242\4242p
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 187, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING THE FRENCHMAN'S
RESERVE PCD-PLAT "B" PLAT AND, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVER.ABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City engineer has reviewed the Frenchman's Reserve-Plat "B" Plat; and
WHEREAS, the City engineer has determined that the proposed plat meets all the technical
requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends
the approval of the plat; and
WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; and
WHEREAS, the City Council has deemed approval of this resolution to be in the best interest of
the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and
correct and is hereby made a specific part of this Resolution.
SECTION 2: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar
of the Frenchman's Reserve-Plat "B" Plat consisting of three (3) sheets dated March 2002,
prepared by Wantman Group, Inc., attached hereto as Exhibit "A."
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
:_ • C : : _ 1►I
AYE NAY ABSENT
-2-
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 187, 2002
EXHIBIT A
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 188, 2002
Subject/Agenda Item: Frenchman's Reserve-Plat G Subdivision Re-Plat
[X] Recommendation to APPROVE
Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
(Total)
City Attorney `//,� [ ) APProved
$ ( ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: ( ] Other
Submitted by:
� C �a�_ [�(] Not Required
Sean C. Donahue, P.E.
Assistant City Engineer
D artment Director Affected parties Budget Acct.#:
�. �
Appr ved by: [] Notified [ J None
City Mana er [] Not required
fNC
CONSULTING CIVIL ENGINEERS,
SURVEYORS & MAPPERS
CIVIL
AGRICULTUR AT"
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
"Partners For Results
Value By Design"
3550 S.W. Corporate Pkwy.
Palm Ciry, FL 34990
(561) 286-3883
Fax (561) 286-3925
www.lbfh.com
TO:
FROM:
DATE:
MEMORAND UM
Patricia Snider-City Clerk
Sean C. Donahue, PE
October 7, 2002
FILE NO. O 1-4184
SUBJECT: Frenchman's Reserve-Plat "G" Subdivision Re-Plat
We have completed our review of the plat for the referenced project prepared by
Wantman Group, Inc. The plat was reviewed for technical compliance with
Chapter 177 of the Florida Statues and the City of Palm Beach Gardens
requirements. We have no other engineering concerns with this plat. Therefore,
we recommend its approval.
SCD/
P: \PROJECTS�PB GMEMO\4184\4184v
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 188, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING THE FRENCHMAN'S
RESERVE PCD-PLAT "G" RE-PLAT AND, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City engineer has reviewed the Frenchman's Reserve-Plat "G" Re-Plat; and
WHEREAS, the City engineer has determined that the proposed plat meets all the technical
requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends
the approval of the plat; and
WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; and
WHEREAS, the City Council has deemed approval of this resolution to be in the best interest of
the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and
correct and is hereby made a specific part of this Resolution.
SECTION 2: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar
of the Frenchman's Reserve-Plat "G" Re-Plat consisting of two (2) sheets dated June 2002,
prepared by Wantman Group, Inc., attached hereto as Exhibit "A."
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
Date Prepared: October 7, 2002
Meeting Date: October 17, 2002
Resolution: 188, 2002
EXHIBIT A
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 2, 2002
Meeting Date: October 17, 2002
Ordinance 36, 2002
Subject/Agenda Item:
Public Hearing, Second Reading/Ordinance 36, 2002: LDR-00-03, Roadway Beautification Plan: A
City-initiated request to amend Chapter 62, entitled "Streets, Sidewalks, and Certain other Public Places,"
of the Code of Ordinances, Article V, Division 7, Section 78-324, entitied "Landscaping in public road
right-of-way," and Part III, entitled "Streets," Sections 78-488 (b) and 78-498 (b) of the Land
Development Regulations to develop a Roadway Beautification Plan for the City of Palm Beach Gardens.
� x ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
Principal Plann�j��„"` 4`"' Growth Management (Total)
Talal Benothman
City Attorne [ ] Approved
Leonard G. R in
Project Manager y���-yL�y $ � �APProved w/
Mark Hendrickson Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: Sept. [ ] Operating Attachments:
• Ordinance 36, 2002
Paper: P.B.Post [] Other . PBG Handbook —
Preferred Species
• Sample median
landscape plans
Submitted by: • Median pictures
Growth Mana ement • CH2MHILL Ictter
g [ ] Not Required
Administrator . NAllctter
Charles k. Wu, AICP
• Di Vosta letter
• ��CI Icttcr
Affected parties Budget Acct.#:
Approve y: J Notified [] None
City M na
Ronald . F rris
[ ] Not required
Date Prepared: October 2, 2002
Meeting Date: October 17, 2002
Ordinance 36, 2002
Nage 2
BACKGROUND
The proposed amendments are intended to recognize State and County standards for landscaping within
public rights-of-way. Staff proposes to develop a Roadway Beautification plan using and clarifying
existing City code and add guidelines in the City's Landscape Handbook, including sample roadway
landscape plans, preferred plant palette, and installation and maintenance standards. This amendment
would apply to State and County roads, as well as future City roads.
The first attempt to develop a Roadway Beautification Plan for the City of Palm Beach Gardens occurred
in 1987-1988. The plan was prepared by Team Plan, Inc. and included a City signage program. The plan
was never adopted, but the City began a concerted effort to require private developments to install
roadway landscaping.
The MacArthur Foundation land sale in 1999 has opened the City up to major development. The roadway
beautification projects coming on line through these developments would possibly tie all the segmented
beautification projects into one cohesive landscaped roadway system. The proposed amendments are
intended to unify the landscape themes and maintenance for each roadway.
In most cases, irrigation has generally originated from the development adjacent to the roadway. There a►-e
some wells within the roadway and there is one reclaimed water irrigation system operated by the City.
Through conditions placed on development orders, the City has required developers (successors and
assigns) of new projects and major redevelopment to landscape, irrigate and maintain adjacent road
shoulders and right-of-way medians.
DISCUSSION
In an attempt to develop a Roadway Beautification Plan for all future development, the following factors
to be taken into consideration:
• The City does not control the permitting for landscape, irrigation and lighting installation within
State and County roads. They are permitted by their respective State and County agencies;
• The City currently does not have standards for installation and maintenance of landscape,
irrigation or lighting within public roadways;
� Landscape standards and guidelines need to take into account safety first. State and County
standards help in establishing criteria that address the safety factor; and
• There are liabilities associated with the installation and maintenance of landscaping and imgation.
City staff recognizes that the State and the County have roadway landscape installation and maintenance
standards, which have been tested over time for safety, and therefore reduce potential liabilities. The
Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards for Desi�n,
Date Prepared: October 2, 2002
Meeting Date: October 17, 2002
Ordinance 36, 2002
Page 3
Construction and Maintenance for Streets and Hi�hwa� (Green Book current edition) and Palm Beach
County's Streetscape Standard regulate the permitting of landscaping within State and County roadways
within the City of Palm Beach Gardens, respectively. The current FDOT standard Specifications for
Road and Brid�e Construction and Roadway, the Traffic Design Standards, Index 600, and the Manual on
Uniform Traffic Control Devices regulate traffic control for roadway landscape installation and
maintenance. What these standards accomplish is setting the resh-ictions for vegetation location, e.g. trees
that can grow greater than 4 inches in diameter must be planted 4 feet from the edge of a non-mountable
curb. They describe the safe sight triangles needed per road based on the posted speed limit. They also
specify what traffic warning signs need to be present during landscape maintenance. They do not,
however, specify plant palette.
City staff considered developing similar standards for new City roads; however, more restrictive
landscaping guidelines would reduce the number of potential plants, and may be confusing to developers
and contractors. For example, a tree cannot be closer than four feet to the edge of curb by State and
County standards. If we increased that distance to five feet, the number of trees would be reduced within
the narrow medians. Uniformity in roadway standards is important. City staff recommends adopting
the Palm Beach County standards for all future City rights-of-way.
The purpose of the proposed amendments is to provide landscape architects, engineers, landscape
maintenance providers and others with standards and guidelines for landscaping within road
rights-of-way within the City's corporate boundaries, which include adopting the City's plant
palette; provide landscape and maintenance uniformity along City road corridors; and provide for
safe landscape installation and maintenance procedures. Accordingly, City staff proposes the
following language changes.
PROPOSED TEXT CHANGE
[The underlined and bold language is new language, and the s�lc�� indicates deleted language.]
Section 62-215. Landscaping and Maintenance in public road ri�hts-of-wav.
1. Landscaping in Countv and State Roads.
(a) Anv primarv or secondarv street that is part of the State hi�hwav svstem or Countv
road svstem shall comply with the Cit�'s Roadwav Beautification Plan, Section 78-324,
of Article V of the Supplementarv District Re�ulations, at time of construction and/or as
an�roved bv City Council through a development order or other agreement. The Cih�'s
Roadwav Beautification Plan shall be in addition to the FDOT Manual of Uniform
Minimum Standards for Design, Construction and Maintenance for Streets and
Highwavs (Green Book current edition), and Palm Beach County's Streetscape
Standard.
Date Prepared: October 2, 2002
Meeting Date: October 17, 2002
Ordinance 36, 2002
Nage 4
2. Landscapin� in Citv Roads.
(a) Any public road right-of-way to be dedicated or conveyed to the Citv of Palm Beach
Gardens or dedicated as a public access easement after Mav 1, 2002, shall conf'orm to
the Palm Beach County's Streetscape Standard and the Citv's Roadway Beautitication
Plan or a design approved bv the Citv Council through a development order or separate
a�reement.
3. Traffic Control for Landscape Installation and Maintenance.
(a) Traffic control for landscape installation and maintenance for public roads or public
access easement shall adhere to current FDOT standard Specifications for Road and
Bridge Construction and Roadwav, Traffic Design Standards, Index 600, and the
Manual on Uniform Traffic Control Devices. Section 78-329, entitled Maintenance, of
Article V of the Supplementary District Re�ulations shall be the maintenance standard
for all landscaped areas within roadwavs.
Intent: Mandate lanclscaping public rights-�J-way and access eusement throc�gh lhe adoptron n/�ne���
requirements into the Code of Ordinances.
Sec. 78-324. . Roadway Beautification Plan
(a) � A�plicability.
The standards contained in this Section shall applv to � ;• �e� all
public rights-of-way, which are adiacent, contiguous or internal to existin� and proposed
residential and nonresidential developments. �T'— ;�°�� Landscaping and irrigation are
required within , roadwav medians and
road shoulders. , �a.,:�*o.,.,..,.o „F�.,na�,.., o,� .- ,.�..� „r . ��,.,�i
�
�
, . All approved
Planned Unit Development or Planned Communitv Developments that are subiect to malor
amendments, in accordance with Section 78-49 of the Land Development Re�ulations, shall
be required to landscape, irri�ate and maintain improvements within adiacent and/or
contiguous public rights-of-wav. If a development order requires road improvements not
adiacent and/or conti�uous to the development, the qetitioner of� that development shall
landscape and irri�ate said road. The intent of this section is to beautifv public roads
and/or keep the public roads aestheticallv pleasing with landscaping and other
enhancements. Unless otherwise approved throu�h a development order or other
a�reement, developers and their successors or assi�ns shall be responsible for the
installation and maintenance of roadway landscapin�, includin� irrigation. Where roads
have been landscaped and enhanced, but become nonconforming due ro safetv standards
implemented bv this Section, nonconformities mav be rectified durinQ future road
Date Prepared: October 2, 2002
Meeting Date: October 17, 2002
Ordinance 36, 2002
Page 5
improvements bV the person or entitV making the improvements.
As new developments are approved, it is the intent of this section to require adjacent
�roperty owners on both sides of the road to share the cost of landscape and irri�ation
maintenance for medians and/or road shoulders based on the linear fronta�e of' each
developments or bv the square foota�e of the area to be maintained.
(b) Landscape plans.
Landscape plans for rights-of-way shall be submitted by the applicant and approved with ea�h
develoqment approval �ec-�.
.,a...,,., ,. .,�:,,...-.,+:,,., t-.,,. � , t�o „�'., .o.,,��.-.,.-., ,��,.:...,
avuurvu� vvi�ii�juiu�ivii� vua [n"' .
�'°� °' + ' '"°�����° °�"�� *"°''����''���~��' Landscape plans shall be as
UVVViV�1111i11L� Ulll{JJNLlI ,
detailed as required in Section 78-305 ( c)( 7) of this Division. A cross-section of the road
ri�ht-of-wav, soil profile, drainage plan, irri�ation plan and root barriers details are
required. The Beautification and Environmental Committee mav assist Citv staff in the
review of all public roadwav landscape plans that are not otherwise approved bv resolution
or ordinance.
(c) Design . Unless otherwise approved bv Citv Council, roadway landscaping
shall be designed ^�� with characteristics similar to the nearest existing roadway
beautification project, a���g in accordance with the
landscape theme provided in Section 78-201 or Section 78-231, as applicable; or using a
landscape plan approved by the City for a particular road, e.g. Seven Cities Plan for US1 or
Northlake Boulevard Overlav District. The same landscape theme shall be used in all four
quadrants of any intersection. The landscape design shall be based on the ultimate roadw��
configuration if road improvements shall commence prior to the last certif7cate of'
occupancv for the entire prolect. If no road improvements are planned within the build-out
date of the development, the landscape design mav be based on the existinQ road���a�
configuration. Each of the following specific standards shall applv to all median desi�n:
1. Future Citv roads and qublic access easement roads indicated on the Cih� of
Palm Beach Gardens Linka�e Plan or thoroughfare plan shall have medians
wide enou�h to accept a tree or palm specie.
2. The median desi�n mav be enhanced or chan�ed within 75 feet of a curb cut
that directiv leads into a development entrance to emphasize or compliment the
entry•
3. No more than 40 percent of the total landscape area contained in a median shall
Date Prepared: October 2, 2002
Meeting Date: October 17, 2002
Ordinance 36, 2002
Page 6
be covered with sod or grass.
4. Windows or voids in the landscapin� (other than sod), if not in excess of 60 feet,
are acceptable for scenic views of lakes, Art in Public Places, or signa�e.
5. All trees and/or palms proposed within a median, which are outside of the safe
si�ht distance triangle, shall be installed at the same or �reater hei�ht as the
trees and/or palms proposed within the safe sight distance trian�le.
The piant palette for roadwaYlandscaping is provided in the City's Landscape Handbook,
unless otherwise approved bv Citv CounciL Illustrations of existin� roadwav landscapin�
within the Citv have been incorporated into the Landscape Handbook. These illus[rations
are representative of the desired landscape desi�n.
(d) Installation. Landscaping installation shall be in accordance with applicable State and/or
County en�ineerinE standards stated in Section 62-215 of the Citv Code. All landscapin�
and irri�ation within the right-of-wav shall be installed and completed within six months
from the issuance of the clearing permit for said proiect or as otherwise approved bv the
Citv Council. The preparation of the soil within the road right-of-wav shall include
excavation of material detrimental to piant �rowth. Best mana�ement practices shall be
used for proper soil preparation and draina�e of the site. The water source for the roadwav
landscaping mav originate from the developer's proLect so lon� as there is a publiclv
recorded access easement in favor of the Citv of Palm Beach Gardens to the water source.
The electrical service shall have its own meter.
The develouer shall be resnonsible for obtaining all permits through the appropriate
a�encies. If necessarv, the Citv shall act as the permittee on behalf of the developer to
facilitate any required permit with the State or the Countv.
(e) Maintenance. The developer and its successors, or assi�ns shall be responsible for the
roadwav landscaping maintenance. Landscapin� maintenance shall be performed in
accordance with applicable State and/or County engineerin� standards stated in Section 6?-
215 of the City Code. In addition to these standards, the Citv's landscape mainten��ncc
code, Section 78-329, and maintenance standards provided within the Landscape
Handbook, shall apply. Where these standards conflict, the stricter standard shall control.
The intent of this section is to have the roadwav maintained to the same standard as the
adiacent development landscaping, includin� weeding the median concrete bullnose areas.
As new developments or maior amendments to approved developments occur adiacent to
existing roadwav beautification proiects, the cost to maintain the common median shall be
shared between the propertv owners on both sides of the roadwav, per conditions of
development approval or separate agreements, unless otherwise provided in the
development order. The City shall disclose to all parties any maintenance a�reements
between developments upon request, but it shall be the propertv owner's responsibilitv to
Date Prepared: October 2, 2002
Meeting Date: October 17, 2002
Ordinance 36, 2002
Page 7
coordinate the maintenance and the shared cost thereof.
(� Enforcement. Failure to install and maintain roadwav landscapin�, includin� plant
replacement, shall be a violation of this section as well as development order conditions, if
applicable. Roadwav landscaping and maintenance occurring within State, Counh' or Cih�
ri�hts-of-wav shall be enforced as provided in Article VII.
(g) Nonconformities on Citv-Owned Roads. Anv landscaped public road right-of-�va��
dedicated to the Citv of Palm Beach Gardens after Mav l, 2002, which f'alls into a
nonconforminQ status due to changes to Palm Beach Counh�'s Streetscape Standarcls in the
future, shall be corrected durin� regularly scheduled roadwav improvements for said road,
unless otherwise apqroved bv the Citv Council. Future roadwav designs shall attempt to
incorporate existin� vegetation, includin� trees and palms, into the road improvements
through creative enEineering and/or new landscaping to replace removed ve�etation.
Section 78-488. (b) Street improvements.
A street or highway providing access shall be suitably improved or committed for improvement as
required by the City and County traffic performance standards and this division. Streets providing access
shall possess the minimum width, right-of-way, and applicable roadwav landscapin� and park�vay
improvements as required by these regulations and the county thoroughfare improvement map.
Section 78-498. (b) Installation.
Roadways shall be constructed and paved consistent with the requirements of this section. Public
roadways shall be landscaped in accordance with the Citv Roadway Beautification Master Plan, as
set forth in Section 78-324 of the City code. Private roads shall be landscaped per the Landscapin�
Code, Division VII.
COMMENTS FROM THE BEAUTIFiCATION AND ENVIRONMENTAL COMMITTEE
The B&E Committee reviewed the proposed Roadway Beautitication Plan at its September 5, 200 I, an�i
November 7, 2001, meetings. The Committee agreed that the City should adopt landscape standards for
City roads, but was hesitant to apply them to the existing roadway landscaping in fear that some mature
trees would be removed.
The Committee members agreed that future road improvements should take existing trees into
consideration, depending on their size and type. The Committee wants the intent of roadway
beautification to keep trees or relocate trees even if it requires curb and gutter construction, which would
allow trees closer to a drive lane than an uncurbed roadway. The Committee wants the abiliry to review all
future road improvements and make recommendations to City Council concerning beautification and
Date Prepared: October 2, 2002
Meeting Date: October 17, 2002
Ordinance 36, 2002
Page 8
enhancements.
COMMENTS FROM THE DEVELOPMENT COMMUNITY
On June 6, 2002, the Growth Management Department sent a copy of the proposed amendment to forty
representatives of the City's development community for comments. The comments are attached for your
review. The major concerns raised deal with the plant palette and maintenance. DiVosta and WCi
companies raised negative comments about the proposed language in Section 78-324 (d), which requires
roadway beautification within six months of issuance of the clearing pern�it. They feel this requirement is
`'clearly not feasible." It should be noted that this requirement has been an established policy by the City
Council, which has already been incorporated into approved development orders of Alta Pines and Gables
Planned Unit Developments.
THE LAND DEVELOPMENT REGULATIONS COMMISSION RECOMMENDATION
The Land Development Regulations Commission unanimously recommended approval of the proposed
Roadway Beautification Plan at its July 23, 2002, public hearing.
CITY COUNCIL
City Council unanimously recommended approval of Ordinance 36, 2002, Petition LDR-00-03, Roadway
Beautification Plan on first reading at its September 18, 2002 meeting.
STAFF RECOMMENDATION
City staff recommends approval of Ordinance 36, 2002, to adopt the Roadway Beauti fication Plan.
Datc Nrcpared: Scptcmbcr y, 2UU2
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 36, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA , RELATING TO ROADWAY BEAUTIFICATION;
AMENDING THE CITY CODE OF ORDINANCES BY AMENDING CHAPTER
62, "STREETS, SIDEWALKS, AND CERTAIN OTHER PUBLIC PLACES," TO
CREATE A NEW SECTION 65-215, "LANDSCAPING AND MAINTENANCE 1N
PUBLIC ROAD RIGHTS-OF-WAY," AND AMENDING CHAPTER 78, "LAND
DEVELOPMENT," ARTICLE V, "SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 7, "LANDSCAPING," SECTION 78-324,
"LANDSCAPING IN PUBLIC ROAD RIGHT-OF-WAY," AND DIVISION 9,
"SUBDIVISIONS," SECTION 78-488, "FRONTAGE ON IMPROVED
STREETS," AND SECTION 78-498, "ROAD SURFACING AND
IMPROVEMENTS," PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABTLITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, City staff has initiated an amendment (Petition LDR-00-03) to the City's Code of
Ordinances by amending Chapter 62, "Streets, Sidewalks, and Certain other Public Places," to create a
new Section 65-215, "Landscaping and Maintenance in public road rights-of-way," and Chapter 78,
"Land Development," Article V, "Supplementary District Regulations," Division 7, "Landscaping,"
Section 78-324, "Landscaping in Public Road Right-of-way," and Division 9, "Subdivisions." Section 78-
488, "Frontage on Improved Streets," and Section 78-498, "Road Surfacing and Improvements"; and
WHEREAS, on July 23, 2002, the Planning and Zoning Commission, the duly constituted Land
Development Regulations Commission for the City, conducted a public hearing and recommended
approval and adoption of the subject amendments to the City's Code of Ordinances; and
WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of
the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION l: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2: The City Council hereby creates a new Section 62-215 of the Code of Ordinances of the
City of Palm Beach Gardens to read as follows (new language is underlined):
Section 62-215. Landscaping and maintenance in public road ri�hts-of-wav.
(a) Landscaping in County and State Roads. Any primarv or secondarv street that is part of the state
hi�hwa� svstem or count�road svstem shall comply with the citv's roadway beautification plan,
section 78-324, of article V of the supplementarv district re�ulations, at time of construction and/or as
a�proved by city council throu�h a development order or other a�reement. The citv's roadway
beautification plan shall be in addition to the FDOT manual of uniform minimum standards for
design, construction and maintenance for streets and hi h�wa� (Green Book current edition), and
Date Prepared: September 9, 2002
Page 2
palm beach county's streetscape standard.
(b) Landscapin in Citv Roads. Anv public road ri�ht-of-way to be dedicated or conveyed to the city
of palm beach gardens or dedicated as a public access easement after Mav 1 2002 shall conform to
the palm beach countv's streetscape standard and the citv's roadwav beautification plan or a desi�n
approved bv the citv council through a development order or separate agreement.
(c) Tra,�fic Control for Landscape Installation and Maintenance. Traffic control for landsca�e
installation and maintenance for public roads or public access easement shall adhere to current FDO"l�
standard specifications for road and bridge construction and roadway, traffic design standards index
600 and the manual on uniform traffic control devices. Section 78-329 entitled maintenance of
article V of the supplementary district regulations shall be the maintenance standard for all landsca�ed
areas within roadwavs.
SECTION 3: The City Council hereby amends Section 78-324 of the Land Development Re�ulations ot
the City of Palm Beach Gardens to read as follows (added language is underlined and deleted lan�ua�e is
s#ic-1H�g1�) :
Sec. 78-324. . Roadwav Beautification Plan
(a) �er�-� Applicabilitv.
(1) The standards contained in this section shall a�plv to � ��a-i+es all public
rights-of-way which are adjacent, contiguous or internal to existin�proposed residential and
nonresidential developments. "'-'-�;� Landscaping and irrigation are required within �e
,� roadwav medians and road shoulders.-a��e
T�.,;..r�...,.-,..� .,F1.,,,l1��..,.-,0.-1 .- �.l,r� .,4' . �l..,ll l,o rl,o .- �;L.;I:r.,.,4'rl,o
. i.iarrrcv °
f
f e
. All �proved planned unit developments or
planned community developments that are sub�ect to major amendments, in accordance with
section 78-49 of the land development regulations, shall be required to landscape, irri at� e and
maintain improvements within adjacent and/or contiguous public rights-of-wa� If a development
order requires road improvements not adjacent and/or contiguous to the devetopment, the
petitioner of the development shall landscape and irri�ate said road. The intent of this section is
to beautify_public roads and keep the public roads aestheticall�pleasin with landscaping and
other enhancements. Unless otherwise approved throu�h a development order or other a�reement,
developers and their successors or assigns shall be responsible for the installation and
maintenance of roadwav landscaping, includin�gation. Where roads have been landscaped
and enhanced, but become nonconforming due to safety standards implemented bv this section,
nonconformities mav be rectified during future road improvements by the person or enti _ making
the improvements.
(2) As new developments are a�proved, it is the intent of this section to require a�acent property
Date Prepared: September 9, 2002
Page 3
owners on both sides of the road to share the cost of landscape and irrigation maintenance for
medians and/or road shoulders based on the linear frontage of each development or by the square
footage of the area to be maintained.
(b) Lanclscape plans.
Landscape plans for rights-of-way shall be submitted by the applicant and approved with each
development approval �ee�.
, •
, . Landscape plans shall be as
detailed as rec�uired in section 78-305 ( c,L) of this Division. A cross-section of the road
right-of-wa, ,�oil profile, drainag�plan, irri ation plan and root barrier details are required. The
beautification and environmental committee ma,y assist citv staff in the review of all public
roadway landscape plans that are not otherwise a�proved by resolution or ordinance.
(c) Design .
(1) Unless otherwise a�proved by Citv council, roadway landscaping shall be designed �����
with characteristics similar to the nearest existing roadwaybeautification project on that road, �
a��fe�-t�si�g in accordance with the landscape theme provided
in section 78-201 or section 78-231, as applicable; or using a landscape plan approved by the city
for a particular road, e.g. seven cities plan for US 1 or northlake boulevard overlay district. The
same landscape theme shall be used in all four quadrants of any intersection. The landscape
design shall be based on the ultimate roadwav configuration if road improvements shall
commence prior to the last certificate of occu�anc� for the entire �roiect. If no road
improvements are planned within the build-out date of the development, the landsca�e desi�
may be based on the existing roadway confi .g�uration. Each of the following specific standards
shall apply to all median desi r�is�.
a. Future citv roads and nublic access easement roads indicated on the citv of nalm beach
�ardens' linka�e _plan or thorou hg fare plan shall have medians wide enou�h to accept a tree
or palm specie.
b. The median desi�mav be enhanced or changed within 75 feet of a curb cut that directlX
leads into a development entrance to emphasize or compliment the entr�
c. No more than 40 percent of the total landscape area contained in a median shall be covered
with sod or g,rass•
d. Windows or voids in the landscapin� (other than sod), if not in excess of 60 feet, are
acceptable for scenic views of lakes, art in public places, or signa�e.
e. All trees and/or palms proposed within a median, which are outside of the safe sight distance
triangle, shall be installed at the same or greater height as the trees and/or palms proposed
within the safe sight distance triangle.
Date Prepared: September 9, 2002
Page 4
(2) The plant palette for roadway landscapin is provided in the city's landscape handbook, unless
otherwise approved bv citv council. Illustrations of existing roadwav landscapin� within the city
have been incorporated into the landscape handbook. These illustrations are representative of the
desired landscape desi�n.
(d) Installation.
(1) Laildscaping installation shall be in accordance with a�plicable state and/or county en in� eerin�;
standards stated in section 62-215 of the citv code. All landsca�ing and in-igation within the
right-of-way shall be installed and completed within six months from the issuance ofthe cle�rin�
permit for said project or as otherwise approved by the citv council. The preparation of the soil
within the road ri�ht-of-wav shall include excavation of material detrimental to plant growth.
Best mana ement practices shall be used for proper soil preparation and drainage of the site. The
water source for the roadway landscapin� may ori�inate from the developer's project so lon�; as
there is a�ubliclv recorded access easement in favor of the cityo uf� palm beach ,�tardens to the
water source. The electrical service shall have its own meter.
(2) The developer shall be responsible for obtaining all permits throu hg the a�propriate agencies. If
necessarv, the city shall act as the permittee on behalf of the developer to facilitate an,Y required
permit with the state or the countv.
(e) Maintenance.
The developer and its successors, or assigns shall be responsible for the roadway landscap�
maintenance. Landscapin� maintenance shall be performed in accordance with a�plicable state
and/or county engineerin� standards stated in section 62-215 of the citycode. In addition to these
standards, the citv's landscape maintenance code, section 78-329, and maintenance standards
provided within the landscape handbook, shall control. Where these standards contlict, the
stricter standard shall control. The intent of this section is to have the roadway maintained to the
same standard as the adjacent development landscaping, including weeding the median concrete
bullnose areas. As new developments or major amendments to a�proved developments occur
adjacent to existing roadway beautification projects, the cost to maintain the common median
shall be shared between the property owners on both sides of the roadway=per conditions of
development a�proval or separate agreements, imless otherwise provided in the development
order. The City shall disclose to all parties any maintenance a�reements between developments
�on request, but it shall be the propertv owner's responsibility to coordinate the maintenance and
the shared cost thereof.
( fl En orcement.
Failure to install and maintain roadwav landscaping, includin�plant replacement, shall be a
Date Prepared: September 9, 2002
Page 5
violation of this section as well as development order conditions, if applicable. RoadwaX
landscapin� and maintenance occurring within State, County or City ri�hts-of-way shall be
enforced as provided in Article VII.
(g) Nonconformities on City-Owned Roads.
An� landscaped public road right-of-way dedicated to the City of Palm Beach Gardens after
Mav 1, 2002, which falls into a nonconformin� status due to changes to Palm Beach County s
Streetscape Standards in the future, shall be corrected �lurin� re�ularly sche�lulecl ruaclwaY
improvements for said road, unless otherwise approved bv the City Council. Future roadway
designs shall attempt to incorporate existin�getation, including trees and palms, into the road
improvements throu�h creative en ineering, and/or new landscaping to r�lace removed
ve etation.
SECTION 4: The City Council hereby amends Section 78-488 of the Land Development Regulations of
the City of Palm Beach Gardens to read as follows (added language is underlined and deleted language is
s#ie-�c��):
Section 78-488. Frontage on improved streets.
* * *
(b) Street improvements.
A street or highway providing access shall be suitably improved or committed for improvement as
required by the city and county traffic performance standards and this division. Streets providing
access shall possess the minimum width, right-of-way, and applicable roadwaylandscapin�
parkway improvements as required by these regulations and the county thoroughfare
improvement map.
SECTION 5: The City Council hereby amends Section 78-498 of the Land Development Regulations of
the City of Palm Beach Gardens to read as follows (added language is underlined and deleted language is
s�l���):
Section 78-498. Road surfacing and improvements.
* * *
(b) Installation.
Roadways shall be constructed and paved consistent with the requirements of this section. Public
roadwavs shall be landscaped in accordance with the citv roadway beautification plan, as set forth
in section 78-324 of the city code. Private roads shall be landscaped per the Landscaping Code,
Division VII.
SECTION 6: It is the intention of the City Council and it is hereby ordained that the provisions of this
Date Prepared: September 9, 2002
Page 6
ordinance shall be made a part of the Code of Ordinances of the City of Paim Beach Gardens, Florida,
and that Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be
changed to "Section", "Article" or such other word or phrase in order to accomplish such intention.
SECTION 7: All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the extent
of such conflict.
SECTION 8: If any provision of this Ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance than can
be given effect without the invalid provision or application, and to this end the provisions of this
ordinance are declared to be severable.
SECTION 9: This Ordinance shall become effective immediately upon adoption.
PASSED, FIRST READING
PASSED, SECOND READING
PASSED, ADOPTED AND APPROVED
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
PATRICIA SNIDER, CITY CLERK
this
this
this
day of
day of
day of
2002.
, 2002.
2002.
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY ihat I havc
approved this ORDINANCE
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
Date Prepared: September 9, 2002
Page 7
AYE NAY ABSENT
RA LM gEACH GARDENS, FLORIDA
LANDSCAPE HANDBOOK
�
i 4/91
�J
�
•
Preferred Species List
The following is a list of plant material recommended for use as per Code, Section 78-
313 and 78-324. Prohibited plant and invasive plants are listed in Section 78-318.
n Native Material
rm Road Median
rs Road Shoulder
Common Name
Trees
n Bald Cypress
Camphor Tree
n,rm,rs Dahoon Holly
n,rm,rs Green Buttonwood
n,rs Gumbo Limbo
Hong Kong Orchid Tree
I nkwood
Jacaranda
n,rm,rs LaurelOak
n Ligum-vitae
n,rm,rs Live Oak
Loquat
Madagascar Olive
n Mangrove
Mimusops
n Pigeon Plum
n Pitch Apple
n, rm, rs Queen Crape Myrtle
n Red Bay
n Red Maple
n Satinleaf
Screw Pine
n,rs Seagrape
n,rm,rs Silver Buttonwood
n,rm,rs Slash Pine
n Southern Magnolia
n,rs Southern Red Cedar
n,rm,rs Southern Wax Myrtle
n Sweet Bay
Tamarind
Tree of Gold
n Turkey Oak
Weeping Podocarpus
Scientific Name
Taxodium distichum
Cinnamomum campnora
Ilex cassine
Conocarpus erectus
Bursera simaruba
Bauhinia blakeana
Exothea paniculata
Jacaranda mimosifolia
Quercus laurifolia
Guaiacum sanctum
Quercus virginiana
Eriobotrya japonica
Noronhia emarginata
Rhizophora mangle
Mimusops roxburghiana
Coccoloba diversifolia
Clusia rosea
Lagerstromia speciosa
Persea bordonia
Acer rubrum
Chrysophyllum olivifome
Pandanus utilis
Coccoloba uvifera
Conocarpus erectus
Pinus elliotti
Magnolia grandiflora
Juniperus silicicola
Myrica cerifera
Magnolia virginiana
Tamarindus indica
Tabebuia argentea
Quercus laevis
Podocarpus gracillior
• n
CJ
�
U
West Indies Cherry
Palms
Arikury Palm
n,rs,rm Cabbage Palm
Date Palm
Carpentaria Palm
Chinese Fan Palm
European Fan Palm
n Florida Thatch Palm
Lady Palm
n Paurotis Palm
n,rm,rs Pygmy Date Palm
Pindo Palm
Queen Palm
Queen Sago
Reclinata Date Palm
Reed Palm
n,rm,rs Royal Palm
Spindle Palm
Windmill Palm
Washingtonia Palm
Shrubs & Ornamentals
rm,rs Agave
rm,rs Allamanda
Arbor-vitae
n Azalea
Barbados Cherry
n Beautybush
Bird of Paradise
Blackbead
n Blolly
Blue Lead Wart
Bougainvillea
Chalcas / Orange Jasmine
n,rm,rs Stopper / Cherry
n,rm,rs Cocoplum
n,rm,rs Coontie
rm,rs Crape Myrtle
rm,rs Crinum Lily
Croton
Dracaena
n, rm, rs Dwarf Yaupon
Prunus myrtifolia
Arikyruropa schizophylla
Sabal palmetto
Phoenix dact. 'Medjool'
Carpentaria acuminata
Livinstonia chinensis
Chamaerops humilis
Phoenix sylvestris
Rhapis excelsa
Pauortis wrighti
Phoenix roebelenii
Butia capitata
Arecastrum romanzoffianum
Cycas circinalis
Phoenix reclinata
Chamaedorea spp.
Roystonea spp.
Mascarena verschaffettii
Trachycarpus fortunei
Washingtonia robusta
Agave spp.
Allamanda cathartica
Platycladus orientalis
Rhododendron spp.
Malpighia glabra
Callicarpa americana
Strelitzia spp.
Pithecellobium guadalupense
Guapira discolor
Plumbago capensis
Bougainvillea spp.
Murraya paniculata
Eugenia spp.
Chrysobalanus icaco
Zamia spp.
Lagerstromia indica
Crinum asiaticum
Codaeum variegatum
Dracaena spp.
Ilex vomitoria 'Schellings'
• n Elderberry
n Florida privet
Fire Thorn
Garcinia
Gardenia
Golden Dewdrop
rm,rs Thryallis
Hibiscus
rm,rs Indian Hawthorn
Jaboticaba
rm,rs Jasmine
Japanese Yew
Kopsia -
�
•
n,rm,rs Limeberry
Lingaro
n Locustberry
Mexican Heather
Natgal Plum
rm,rs Oleander
n,rm,rs Pampus Grass
Peace Lily
Philodendron
Pineapple Guava
rm,rs Pittosporum
Powder Puff
Princess Flower
n Scarlet-bush
Shell Flower
n, rm, rs Simpson Stopper
Silver Thorn
Ti Plant
n,rm,rs Wax Privet
n Wild Lime
n,rm,rs Viburnum
Yellow Elder
n Yucca
Groundcover
Aloe
Artillery Fern
n Beach Sunflower
Begonia
Cast Iron Plant
Sambucus simpsonii
Forestiera segregata
Pyracantha spp.
Garcinia spicata
Gardenia jasminoides
Duranta repens
Galphemia glauca
Hibiscus rosa-sinensis
Rhaphiolepis spp.
Myrciaria cauliflora
Murraya paniculata
Podocarpus macrophylla
Ochrosia elliptica
Lantana montevidensis
Triphasia trifolia
Elaeagnus philippensis
Byrsonima lucida
Cuphea spp.
Carissa grandiflora
Nerium oleander
Cortaderia sellowiana
Spathyphyllum spp.
Philodendron spp.
Feijoa sellowiana
Pittosporum tobira
Callliandra haematocephalla
Tibouchina granulosa
Hamelia patens
Alpinia spp.
Myricianthes fragrans
Eleagnus pungens
Cordyline terminalis
Lligustrum japonicum
Zanthoxylum fagara
Viburnum spp.
Tecoma stans
Yucca spp.
Aloe spp.
Pilea spp.
Helianthus debilis
Begonia spp.
Aspidistra spp.
• rm,rs
rm,rs
rm,rs
rm,rs
n
rm,rs
•
•
Daylily
Lime Berry
Mondo Grass
Monkey Grass
Oyster Plant
Pepperomia
Pine Cone Lily
Prickly Pear
Puncture Weed
Walking Iris
Vines
;
Bridal Flower
n Cape Honeysuckle
Clock Vine
Confederate Jasmine
n Flame Vine
n Grape Vine
Madagasgar Rubber Vine
Marriage Vine
Mexican Flame Vine
n Morning Glory
Passion Flower
Peppervine
Pandorea jasmine
Virginia Creeper
Turf
Japanese zoysia
rm,rs St. Augustine
Hemerocallis spp.
Triphasia trifolia
Ophiopogon japonicum
Liriope spp.
Rhoeo bermudiana
Pepperomia obtusifolia
Zingiber spp.
Opuntia spp.
Tribulus cistoides
Trimeza martinicensis
Zebrina pendula
Stephanotis floribunda
Tecomaria capensis
Thunbergia spp.
Trachelosperum jasminoides
Pyrostegia ignea
Vitis spp.
Cryptostegia madagscariensis
Petrea"volubis
Senecia confusus
Ipomoea spp.
Passiflora spp.
Ampelopsis arborea
Podranea ricasoliana
Parthencoissus quinquefolia
Cynodon dactylon
Stenotaphrum secundatum var. 'Flora
•
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CI-121\/1 H I LL
June 11, 2002
Mr. Mark Hendrickson, City Forester
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Fl
Re: City Proposed Roadway Beautification Plan
Dear Mr. Henderickson:
CH2M HILL
One Harvard Circle
West Palm Beach, FL 33409-1923
Tel 561.515.6500
Fax 561.515.6502
Charles Wu provided our firm with a copy of the city's proposed guidelines for roadway
beautification and suggested that if we had any comments we should address them to
you. We have reviewed the proposed amendment to City Code of Ordinances, Section
78-498 and would like to share the following thoughts.
Most of the comment here comes ti-om our experience with streetscape work over the
past several decades throughout Florida, and in particular, from preparation of the
Streetscape Master Plan for Collier County. This latter document was adopted in it's
entirety into the county Land Development Code in 1997. lt took about 3-years to
produce and was a result of some 60-public meetings conducted to inform and receive
public input. That plan covers the 144-mile ai�terial street network in the county and
suggests design character for seven prototypical street conditions. It also suggests
funding sources, development schedules, and typical construction details. Like your
document, it also incorporates FllOT and county design standards by reference.
Some of the things we learned in the Collier example, and which may be useful for your
consideration, are as follows.
l. This a wonderful idea to REQUIRE adjacent tlevelopment proponents to
landscape and maintain their adjacent frontage roadways. We did not do that in
the Collier example, and should have.
2. You will need a coordinated maintenance program, whether the city administers
it, or manages the organization of it as performed by each respective property
owner. Horror stories abound when this is left to an uncoordinated assemblage of
private property owners �vho have been forced to provide landscape by code.
3. Your list of acceptabie (recommended) piant materials is too generous. One way
to accomplish design continuity is by limiting the palette of materials that have
proven themselves to be "bullet-proof' in the harsh environment of public streets.
Pines, Oaks, Sabals, Serenoa, ornamental grasses, and a handful of colorful
ground covers and shrubs should f'orm the basic plant list.
,',f::-
� CH211/IHILL
Mark Henderickson
Page 2
4. You really do need to provide design character guidelines which establish what
the landscape should look like based on where it is in the city. This is really
where you can provide a local flavor to landscape that is much more than what is
dictated by typical construction details and clear-sight requirements of the FDOT.
Quality levels of landscape should be required, not optional. This is taken care of
if you have the above mentioned Character Guidelines. You really should have
only one level of quality, and describe what that must be, based on where you are
in the city. Otherwise, coordination and design continuity become difficult to
control.
Public right of way landscape is extremely irnportant to establishment of the character of
a community. Tl�ese spaces repi-esent the most visited real estate that exists in the public
realm, and along with parks and municipal properties, can go a long way in development
of genis loci, or "spirit of the place".
Congratulations on taking the initiative in developing your street landscape requirements.
If I, or anyone in our group may be of fuirther assistance, please do not hesitate to call.
Streetscape is a big part of our practice, and therefore is central to our personal and
professional interests.
Best regards,
CH2M Hill, Inc.
(formerly Gee aiid J nson)
George Botne SL
Vice President
Director, Planning and Landscape
Architecture
Cc. Charles K. Wu, AlCP
N�'MERIN�HUNTER
CODMAN, INC.
COMMERCIAL REAL ESTATE SERVICES, WORLDWIDE.
June 26, 2002
Charles K. Wu, AICP
Growth Management Director
City of Palm Beach Gardens
10500 N. Military Trait
Palm Beach Gardens, FL 33410-4698
561/171-B000
FAX 561/471-9992
URL http'Jibvww.mhcreal.com
1601 fon�m Place, Suite 200
West Palm Beach, FL 33401
RE: The City of Palm Beach Gazdens' Proposed Roadway Beautification Plan and Architectural Design
Guidelines for Non-Residential Development
Dear Mr. Wu:
I am in receipt of the above referenced dra8 documents and your letter reqaesting comments and concems. Our
Senior Project Manager reviewed the documents. His comments are outlined below:
Design Guidelines for Non-Residential Development
Section 2.1.8 Mechanical equipment screening — May be conflicting with Seacoast Utilities planting specs and
Seacoast may not allow screening.
Section 33. L3 Parking — What kind of liabilities does this cause to the neighboring properties?
Section 3.4.1 Width and Materials — Presently sidewalks in public right of way aze broom-finish concrete.
Section 5.1.2 — General Design Guidelines — Fiberglass aud , lastic composite products should not be
discouraged, but included_ They stand up better than steel and aluminum.
Petition LDR-00-03
Sec. 78-324 (e) — Maintenance — What happens if one of the developments defaults — does the other get to pay
for it all?
Preferred Species List — Vines — Bleeding heart is not desirable, as it is impossible to get rid of later if necessary.
Thank you for the opportunity of reviewing these documents and soliciting my comments.
Sincerely,
NAUMERIN�H R�CODMAN, INC�--''
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In over 300 Market.r Worldwide: NA1 America
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A N D C O M P A N Y
June 21, 2002
Mr. Charles Wu, AICP
Growth Management Director
Growth Management Department
City of Palm Beach Gardens Planning Department
10500 North Military Trail
Palm Beach Gardens, Florida 33410-4698
RE: Proposed Architectural Guidelines
Dear Charles:
1 1 i ; .. `
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c�y or F.e. c::�a���s
JUN 25 2��'l
��r�,,;: I N
Mn^!ncEr,�CroT
DEPARiMEN1
In response to your June 6, 2002 letter concerning the City of Palm Beach Gardens proposed
Architectural Design Guidelines for Non-residential Developments, I would offer the following
comments:
PAGE SECTION COMMENT
4 1.2.1.9 (5} Does "echoing architectural styles and details...found in surrounding
buildings," mean the first one in sets the standard? 1 think variety is
good and should be encouraged as long as the architecture is
aesthetically pleasing.
6 2.1.2 Sections #4 and #5 are subjective. How is "substantially pitched
roof' defined? A minimum pitch should be identified. How will
staff determine what are "ornamental and structural architectural
details?" I am facing this issue now in the review of custom homes
in Abacoa.
7
9
12
2.1.4 I would add a 2.1.4.8 to include cementious materials like hardy
board siding.
2.1.9 Gutters and downspouts can be made to look like an integral part of
the architectural style even when not painted the same color. In this
respect, they can be used as a band for accent.
3.1 Buildings should not always be made to orient onto a street or
boulevard if there are prescribed landscape buffers like Military Trail
(55' buffer) with a significant buffer requirement. The key is the
implementation of the term "practical."
4500 PGA Blvd. , Suite 400 Executive Offices 56'I -627-2'1 'I 2
Palm Beacf� Gardens, FL 334'18 Fax 56� -775-J'I 21
Mr. Charles Wu
June 21, 2002
Page 2
15 4.2.1.2 How is "highly illuminated signs" defined?
l7 5.1.2 Fiberglass poles should be permitted.
18 6.6 Will this language requiring a minimum eight foot fixture
confuse/conflict with the previous section that requires a maximum
of i 2 feet? I presume the City wants an 8 to l 2 foot pole.
In short, I commend the City for trying to enhance the architectural appearance of the City.
The objectives are good but I would suggest that as much subjectivity be taken out of the language,
where possible, to avoid problems with interpretation in the future.
With regard to the Roadway Beautification Plan Ordinance requirements, I have just a few
comments.
PAGE SECTION COMMENT
3 62.215 Does the City have jurisdiction to require that a State or County road
meet the City's Roadway Beautification Plan? The State and County
sometimes have very stringent requirements and prohibitions that
may preclude a street from meeting the City-imposed requirements.
5 78-324 (a) This section indicates that developers and successors shall be
responsible for the installation and maintenance of roadway
landscaping and irrigation. How is this enforced when two
developers share a roadway? The first developer approved is not
always the first one beginning development and this could create a
problem with both installation and maintenance.
6 78-324 (d) To begin and complete landscaping and irrigation within six months
of issuance of the clearing permit is clearly not feasible. It
sometimes takes much more time than this to resolve water use
issues with the South Florida Water Management District (SFWMD)
and Seacoast Utilities particularly if a developer is required to
determine the impacts of withdrawal on surrounding wetlands, both
on and off-site. The SFWMD process is a very lengthy one and it is
not practical to plant vegetation of any type unless one has the water
to keep it alive. This will require the installation of water and
possibly reclaimed water lines, which typicalty cannot happen within
a short six-month window.
Mr. Charles Wu
June 21, 2002
Page 3
7 78-324 (e) With regard to maintenance, what if property owners on both sides of
a common roadway can't agree to the shared costs of maintenance?
Please let me know if any other information is required and thank vou for the opportunity to
comment.
Sincerely yours,
' � v. /�
Rick Greene, AICP
Vice President
Attachments
Chuck Hathaway
William Shannon
Chris Chew
Bob John
(All without attachments)
Buz DiVosta (with attachment)
wudesignguidelines
��VCI COMMUNITIES INC.
�
.1�jI KEW GARDENS AVENUE
PALM BEACH GARDENS,
F�oa�nn 334io
TEL (S6i) 77S-uzo
r�vc (S�I) 775-�099
wcicommunities.com
July 31, 2002
Mr. Mark Hendrickson
City Forester
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: New City Ordinance
Dear Mark:
This letter is in follow-up to our conversation regarding the six-month time frame
for construction of a buffer along new projects as proposed in the new ordinance. We
are very concerned about the time frame requirement due to irrigation permitting.
As you know, the entitlement process is very complicated. Running parallel to
this process is the Environmental Resources Permit from the South Florida Water
Management District and part of this permit is the Consumptive Use Permit. The
Consumptive Use Permit is based on many factors including groundwater, transmission
and hydraulic effects on surrounding area. This permit usually takes 6 to 18 months
depending on its complexities. Therefore, it is difficult if not impossible to permit and
construct the im�re��ements evithin the propos�c! time frame
Please call me to discuss.
Sincerely,
-��
Ken Tuma
Vice President
Creating Lasting Lifestyles
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Ordinance 28, 2002
Subject/Agenda Item:
Petition LDR-02-08: Residential Mixed-Use Intensity Measures and Special De�nitions
First Reading / Public Hearing: A City-initiated request to amend the City's Land Development
Regulations Table 18 "Residential MXD Intensity Measures and Special Definitions," of Section 78-
157 ( fl"Residential MXD intensity measures and special definitions," of Article IV "Zoning
Districts," of Chapter 78 "Land Development," to amend the regulations of the Mixed-Use Planned
Unit Development Overlay District in order to establish compatibility with City policy and the City's
Comprehensive Plan for all properties with a Mixed-Use Future Land-Use designation.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: NA LDRC Commission
Growth Management: Action:
Principal Planner A roved
Talal Benothman, P Costs: $ �� pp
Project Total [] App. w/ conditions
City Attorney Manager [ ] Denied
Len Rubin Kara Irwin $ [] Rec. approval
Senior Planner Current FY [] Rec. app. w/ conds.
Deve�Compliance
[ ] Rec. Denial
Bahareh K. Wolfs, AICP Funding Source: [] Continued to:
Submitted by: Attachments:
Advertised: [ ] Operating
Growt a a e ent Date: 10/10/02 [] Other • Ordinance 28, 2002
Direct r • Ordinance 33, 2000
Charles K. Wu, AICP Paper: Palm Beach Post
Approved
[X] Not Required Budget Acct.#: [] None
City Man e Affected parties:
Ron Ferris
[ ] Notified
[X] Not Required
City Council
Meeting date: October 17, 2002
Date prepared: October 4, 2002
Ordinance 28, 2002
Petition LDR-02-08
Page 2 of 3
BACKGROUND
On May 3, 2001, the City Comprehensive Plan was amended by Ordinance 33, 2000, which
amended the City Comprehensive Plan Future Land Use, Transportation, Intergovernmental
Coordination, and Capital Improvements Elements. The amendment to the Future Land Use
Element modified the requirements for building height and deleted the minimum 25% residential
vertical integration for residential mixed-use planned unit developments.
This City-initiated amendment to the Land Development Regulations is a housecleaning item that
provides for consistency with the adopted Comprehensive Plan, as required by the Florida Statutes.
Although the requirement for the vertical integration of 25% net building area for residential use is
being stricken from the Land Development Regulations to be consistent with the Comprehensive
Plan amendment, text is being added to provide for some vertical integration ofresidential use within
the residential mixed-use development. The language is important to provide a differentiation
between a residential mixed-use development, which is intended to provide some vertical integration
of residential use, to a non-residential mixed-use development, which allows for more intense non-
residential uses, some of which may not be compatible with residential uses.
LAND DEVELOPMENT REGULATION TEXT AMENDMENT
The proposed text amendment to the City's Land Development Regulations is as follows with added
language underlined and deleted language st�l��:
ARTICLE IV. ZONING DISTRICTS
�
Sec. 78-157 (�. Residential MXD Intensity Measures and Special Definitions.
( fl Residential MXD Intensity Measures and Special definitions. Residential MXDs shall
comply with the intensity measures indicated in Table 18, unless one or more intensity
measures are waived by the City Council.
City Council
Meeting date: October 17, 2002
Date prepared: October 4, 2002
Ordinance 28, 2002
Petition LDR-02-08
Page 3 of 3
Table 18: Residential MXD Intensity Measures and Special Definitions
Land Use Land Lot Building Special
Allocation Coverage (1) Height Definitions
Open Space Min: 15% Not Applicable Not Applicable None
Neighborhood Min: 2% Max: 70% Min: 2 Floors (2)
Commercial Max: 30% Max: 4 Floors
Residential High Min: 20% Max: 50% Min: 2 Floors (3)
Density Max: 60% Max: 4 Floors
Residential Low Min: 0% Max: 50% Max: 2.5 Floors
Density Max:60%
Employrnent Min: 2% Max 70% Max: 4 Floors (4)
Center Max:30%
Notes:
(1) Lot coverage requirement is parcel-based, dependent on the specific land-use
proposal.
(2) Neighborhood commercial parcels shall be used for community-serving retail,
service, office, and business uses.
ao�;,.,...,�oa � ,. ,.o�;aa„*;.,i , �a ��,,,ii �,o i,,,.,,*oa „�,,,.,o *�.o „.. „a �,,,,,.. The
minimum requirement for Residential High Land Use as determined by Table 18,
shall be located above the �round floor of a non-residential use. The City Council
may waive the vertical integration requirement upon consideration of a
recommendation bv the Plannin� & Zoning Commission.
(3) Residential high parcels shall have a maximum density of 15 units per acre as a
bonus for implementation of planned, and vertically and horizontally integrated
development. The area allocated for both residential low and residential high land
uses shall not exceed the 60 percent maximum in this table. Densitv shall be
consistent with the requirements of the comprehensive plan and this chapter.
(4) Employment center parcels shall be used for corporate offices, research and
educational facilities, light industry, hotels, warehousing, and similar uses.
Employment Center lots generally shall be grouped together.
RECOMMENDATION
Staff recommends approval.
Meeting Date: October 17, 2002
Date Prepared: October 4, 2002
ORDINANCE 28, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF
SECTION 78-157, "MIXED USE PLANNED UNIT DEVELOPMENT
OVERLAY DISTRICT," OF ARTICLE IV "ZONING DISTRICTS," OF
CHAPTER 78 "LAND DEVELOPMENT," OF THE CITY CODE OF
ORDINANCES BY AMENDING THE REQUIREMENT FOR MINIMUM
VERTICAL INTEGRATION OF RESIDENTIAL USE WITHIN A
RESIDENTIAL MIXED-USE DEVELOPMENT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens adopted Ordinance 33, 2000,
which amended the City's Comprehensive Plan Future Land Use Element by deleting the
minimum requirement for the vertical integration of residential use within a residential mixed-use
development; and
WHEREAS, the Florida Statutes require the City to amend the Land Development Regulations to
be consistent with the City's Comprehensive Plan; and
WHEREAS, although the requirement for the minimum vertical integration residential use is
being stricken from the Land Development Regulations to be consistent with the Comprehensive
Plan amendment, text is being added to provide for some vertical integration of residential use
within the residential mixed-use development; and
WHEREAS, the language is important to provide a differentiation between a residential mixed-
use development, which is intended to provide some vertical integration of residential use, to a
non-residential mixed-use development, which allows for more intense non-residential uses, some
of which may not be compatible with residential uses; and
WHEREAS, on October 8, 2002, the City's Land Development Regulations Commission
recommended approval of the amendment; and
WHEREAS, the City Council of the City of Palm Beach Gardens hereby determines that the
adoption of the text amendment to the City's Land Development Regulations is in the best interests
of the residents and citizens of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
SECTION 1. Table 18 "Residential MXD Intensity Measures and Special Definitions," of Section
78-157 (� "Residential MXD intensity measures and special definitions," of Article N"Zoning
Ordinance 28, 2002
Meeting Date: October 17, 2002
Date Prepared: October 6, 2002
Page 2 of 4
Districts," of Chapter 78 "Land Development," of the City's Code of Ordinances is hereby
amended to read as follows with added language underlined and deleted language �*����'� *'�r^���'�:
ARTICLE IV. ZONING DISTRICTS
�
Sec. 78-157 (f�. Residential MXD Intensity Measures and Special Definitions.
( fl Residential MXD Intensity Measures and Special definitions. Residential MXDs shall
comply with the intensity measures indicated in Table 18, unless one or more intensity
measures are waived by the City Council.
Table 18: Residential MXD Intensity Measures and Special Defmitions
Land Use Land Lot Building Special
Allocation Coverage (1) Height Definitions
Open Space Min: 15% Not Applicable Not Applicable None
Neighborhood Min: 2% Max: 70% Min: 2 Floors (2)
Commercial Max: 30% Max: 4 Floors
Residential High Min: 20% Max: 50% Min: 2 Floors (3)
Density Max: 60% Max: 4 Floors
Residential Low Min: 0% Max: 50% Max: 2.5 Floors
Density Max:60%
Employment Min: 2% Max 70% Max: 4 Floors (4)
Center Max:30%
Notes:
(1) Lot coverage requirement is parcel-based, dependent on the specific land-use
proposal.
(2) Neighborhood commercial parcels shall be used for community-serving retail,
service, office, and business uses. "*'°��* ''c �° °�* ��'*'�° r°*'".;,a;r�- � �'��„
�.o a • � a � ;aor�;.,� „a ��,.,,, �,e i„ .,�oa „�.,, ��,o �,a �„ The
vv uv��ivY ,
minimum requirement for Residential Hi�;h Land Use as determined bv Table 18,
shall be located above the �,round floor of a non-residential use. The Citv Council
may waive the vertical inte�,ration requirement upon consideration of a
recommendation bv the Plannin� & Zoning Commission.
(3) Residential high parcels shall have a maximum density of 15 units per acre as a
bonus for implementation of planned, and vertically and horizontally integrated
development. The area allocated for both residential low and residential high land
uses shall not exceed the 60 percent maximum in this table. Density shall be
consistent with the requirements of the comprehensive plan and this chapter.
Ordinance 28, 2002
Meeting Date: October 17, 2002
Date Prepared: October 6, 2002
Page 3 of 4
educational facilities, light industry, hotels, warehousing, and similar uses.
Employment Center lots generally shall be grouped together.
* * *
SECTION Z. The provisions of this ordinance shall become and be made a part of the code of
laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance
may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to
"section," article" or any other appropriate word.
SECTION 3. If any section, paragraph, sentence, clause, phrase or word of this ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this ordinance.
SECTION 4. All ordinances or parts of ordinances previously adopted that are in conflict
herewith, are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall be effective upon the date of adoption.
PLACED ON FIRST READING THIS DAY OF
PLACED ON SECOND READING THIS DAY OF
PASSED AND ADOPTED THIS DAY OF
MAYOR JABLIN
COUNCILMEMBER CLARK
ATTEST:
PATRICIA SNIDER, CITY CLERK
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNDILMEMBER DELGADO
Ordinance 28, 2002
Meeting Date: October 17, 2002
Date Prepared: October 6, 2002
Page 4 of 4
2002.
2002.
2002.
VICE MAYOR SABATELLO
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
LEONARD G. RUBIN, CITY ATTORNEY
AYE NAY ABSENT
- - . �--. - --
Date Prepared: April I8, 2001
Ordinance 33,2000
ORDINANCE 33, 2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE
CITY OF PALM BEACH GARDENS BASED ON THE
RECOMMENDATIONS OF THE LOCAL PLANNING AGENCY
AND STAFF; PROVIDING FOR ADOPTION; PROVIDING
FOR TRANSMITTAL; PROVIDING FOR CODIFICATION IN
THE COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, proposed text amendments to the Future Land Use, Transportation,
Intergovernmental Coordination, and Capital Improvements Elements of the City's
Comprehensive Plan have been prepared and reviewed by City Staff, who have
determined that they meet all criteria set forth in Section 163.3184, Florida Statutes; and
WHEREAS, on October 24, 2000, the Planning and Zoning Commission, the duly
constituted Local Planning Agency for the City, conducted a public hearing and
recommended approval and adoption of the subject amendments to the City's
Comprehensive Plan; and
WHEREAS, the City has received public input and participation through public
hearings before both the Local Planning Agency and the City Council, in accordance with
Section 163.3181, Florida Statutes; and
WHEREAS, the City Council determines that the adoption of the text and map
amendments to the City's Comprehensive Plan is in the best inte�ests of the residents and
citizens of Palm Beach Gardens; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The Comprehensive Plan of the City is hereby amended as set forth in
Exhibit A(as attached hereto and adopted by reference).
Section 2. The City Growth Management Director is hereby directed to ensure that
this ordinance and all other necessary documents are transmitted to the Florida
Department of Community Affairs and other government agencies or departments in
accordance with Section 163.3184(7) of the Florida Statutes and, together with the City
Clerk, to ensure that this ordinance is codified as part of the Comprehensive Plan of the
City.
Section 3. Should any section or provision of this ordinance, or any portion,
paragraph, sentence, or work thereof be declared by any court of competent jurisdiction
Date Prepared: April 18, 2001
Ordinance 33,2000
to be invalid, such declaration shall not affect the validity of the remainder of this
ordinance, but only that part declared to be invalid.
Section 4. All ordinances or parts thereof in conflict herewith are hereby repealed.
Section 5. This ordinance shall become effective in accordance with Section
163.3189(2), Florida Statutes, which requires a twenty-one day appeal period after
issuance of the Notice of Intent by the Florida Department of Community Affairs before
becoming effective.
PLACED ON FIRST READING THIS 5th DAY OF December , 2000.
PLACED ON SECOND READING THIS 3th DAY OF May , 2001.
PASSED AND ADOPTED THIS 3th DAY OF May , 2001.
� �
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JO •� '�R.�f�CJSSO, MAYOR
_�
►
L��COREN FURTADO, COUNCIL MEMBER
ATTEST:' . _
CAR,OL GC)L6`, MMC, CITY CLERK
BY:�` � , , o�
" ; �'
.�.-
L:
,
AVID CLARK, COUNCIL MEMBER
CARL SA, ATELLO, COUNCIL MEMBER
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
�
G..� y
CITY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER FURTADO
COUNCILMEMBER CLARK
COUNCILMEMBER SABATELLO
G: TalaUTxt-00-02-ord.33-transmittal-2-2
AYE
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✓
✓
✓
✓
NAY
Date Prepared: April I8, 2001
Ordinance 33,2000
ABSENT
Date Prepared: April 18, 2001
Ordinancc 33,2000
EXHIBIT "A"
CHANGES TO COMPREHENSIVE PLAN MAPS
Modifications to the Conceptual Thoroughfare Plan, Map O consist of the following:
Delete the north-south segment of Banyan Street extension north to Florida Blvd. extension;
Delete east-west segment of Fairchild Gardens extension from Northcorp Parkway/RCA Blvd.
to Campus Drive; and
Delete the southern alignment of Hood Road extension to Prosperity Farms Road.
Modi�cations to the Conceptual Thoroughfare Plan Roads list:
■ Delete Banyan Street extension north to Florida Blvd. extension;
■ Delete Fairchild Gardens extension from Northcorp Parkway/RCA Blvd. to Campus Drive; and
� Delete the southern alignment of Hood Road extension to Prosperity Farms Road.
Modifications to the Projected 2015 Traffic, LOS & Proposed Laneage, Map K:
■ Delete the southern alignment of Hood Road extension to Prosperity Farms Road.
Modi�cations to the Conceptual Linkage Plan, Map I:
■ Delete the southern alignment of Hood Road extension to Prosperity Farms Road; and
■ Add the northern alignment of Hood Road.
Incorporate the following maps to the Comprehensive Plan Map Series:
■ City Center Linkages, Existing and Planned Vehicular Traffic Connections (Map P)
• City Center Linkages, Vehicular Traffic Connections (Nlap Q)
■ City Center Linkages, Pedestrian/Bicycle Connections (Map R)
CHANGES TO MAPS OF COMPREHENSIVE PLAN SUPPORT
DOCUMENTS
ModiFcations to the Conceptual Linkages Plan, Map 1-7:
■ Delete the southern alignment of Hood Road extension to Prosperity Farms Road; and
■ Add the northern alignment of Hood Road.
Date Prepared: April I8, 2001
Ordinance 33,2000
EXHIBIT "A" CONTINUED
Modiecations to the Projected 2015 Traffic, LOS & Proposed Laneage, Map 2-4:
■ Delete the southern alignment of Hood Road extension to Prosperity Farms Road.
Modifications to the Conceptual T6oroughfare Plan, Map 2-5 consist of the following:
Delete the north-south segment of Banyan Street extension north to Florida Blvd. extension;
Delete east-west segment of Fairchild extension from Northcorp Pazkway/RCA Blvd. to Campus
Drive; and
Delete the southern alignment of Hood Road extension to Prosperity Farms Road.
Modifications to the Proposed Thoroughfare Roads list, Table 2-8:
■ Delete Banyan Street extension north to Florida Blvd. extension;
■ Delete Fairchild Gardens extension from Northcorp Parkway/RCA Blvd. to Campus Drive; and
■ Delete the southern alignment of Hood Road extension to Prosperity Farms Road.
CHANGES TO TEXT AND MAPS
Amendments to the Comprehensive Plan of the City of Palm Beach Gardens are depicted on the
following pages in °'�-��°�o�tg� and underline format. All maps have been revised/updated with
best available data.
4
�
B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs
Land Use Land Allocation Lot Coverage Height
Open Space
Neighborhood
Commercial
Residential High
Residential Low
Employment Center
Special Definitions:
Min 15%
Min 2%
Max 30%
Min 20%
Max 60%
Min 0%
Max 60%
Min 2%
Max 30%
Max 70%
Max 50%
Max 50%
Max 70°/a
*SRf2'�TT
Max 4 Fl
A�-3�
Max 4 Fl
Max 2.5 3 Fl
Max 4 FI
Neighborhood Commercial land shall be used for communily-serving retail, service, office
and business uses. At least 51 °/a of the gross square footage of the Nei�,hborhood
Commercial shall be contained in buildin�s having a two-story character containing some
actual two-story space. �.� .,,,.�� �.,,,, .,� �..., ...,. ��:...:..b ,...,.. �� ..... .... ......:b....�.,.. . .
...�:`'�-'''�' :.�.. ..:.a ��,�"'--'--�`�a ��.�-•� "-- 5.;,--,.�' �'--°. The City Council, acting upon
a recommendation by the Planning and Zonin� Commission or the Local Planning Agency,
retains the right to grant or deny waivers from the requirement of this provision.
Residential High land in MXD projects shall have a maximum density of 15 units/acre as a
bonus for consideration of planned, multi-faceted development. The area allocated for
Residential Low land and Residential High land shall not exceed the 60% limitation,
inclusive of both residential types.
Employment Center land shall be used for corporate offices, research and educational
facilities, light industry, hotels, warehousing, and similar uses. Employment Center lots shall
generally be grouped together.
FUTURE LAND USE 6� 1-6
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C. General Mixed Use Future Land Use Category Intensity Measures for Non-Residential
MXDs
Land Use
Open Space
Commercial
Recreation
Commercial
Industrial
Institutional
Land Allocation
Min 15%
Min 0%
Max 30%
Min 0%
Max 60%
Min 0%
Max 60°/a
Min 0%
Max 60%
Lot Coverage Height
Max 50°/a
Max 50%
Max 60%
Max 50%
:'�-��-
Max 4 Fl
"�-r
�e-�L4s�
Max 4 Fl
A�4�ri-�
Max 4 Fl
iTl"'TT��
Max 4 Fl
Professional Office Min 2% Max 70% "��-
Max 60% ��
Max 4 Fl
At least 51% of the gross square foota�e of the Commercial use shall be contained in
buildings having a two-story character containing some actual two-story space. The City
Council, acting upon a recornmendation by the Planning and Zoning Commission or the
Local Planning Agency, retains the right to grant or deny waivers from the requirement of
this provision.
Land Uses are defined as set forth in the Future Land Use Element, with the exception of
special land allocation, lot coverage and height requirements specified for Non-Residential
MXD developments.
4. The individual uses, buildings and/or developments pods within MXD
developments shall include interconnecting pedestrianways and plazas and
shall provide connections to the Park�vay System. Nonresidential uses shall
have an internalized relationship with the residential component and multi-
modal accessibility.
FUTURE LAND USE 6f49- 1-7
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6. The density/intensity of existing or future land uses immediately sunounding
the parcel are compatible with non-residential uses.
7. The adjacent surrounding planned and approved or existing built environment
is over 60% residential, and non-residential uses are determined to provide
for greater horizontal integration of uses.
8. Due to size or configuration of the parcel, the ability to provide an
economically feasible, sustainable, integrated residential component that
functions to enhance and complement the other MXD uses is limited.
B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs
Land Use
Open Space
Neighborhood
Commercial
Residential High
Residential Low
Employment Center
Special Definitions:
Land Allocation
Min 1 S%
Min 2%
Max 30°/a
Min 20%
Max 60%
Min 0%
Max 60%
Min 2%
Max 30%
Lot Covera�e
Max 70%
Max 50%
Max 50%
Max 70%
Height
r�:,. � :'=�
Max 4 Fl
�;:, � : �:
Max 4 Fl
Max2.53F1
Max 4 Fl
Neighborhood Commercial land shall be used for community-serving retail, service, office
and business uses. At least 51 % of the gross square footage of the Neighborhood
Commercial shall be contained in buildings having a two-story character containing some
actual two-story space. °
..,�'�.., ' � . . The City Council, acting upon
a recommendation by the Planning and Zonin� Commission or the Local Plannin� Agency,
retains the right to grant or deny waivers from the requireinent of this provision.
Residential High land in MXD projects shall have a maximum density of 15 units/acre as a
bonus for consideration of planned, multi-faceted development. The area allocated for
Residential Low land and Residential High land shall not exceed the 60% limitation,
FU7CURE:LAND T�1SE 5f� 1-13
unn .� �_.,.,._ �._.,._� �_.a:__.._,.,. �� i nnn
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inclusive of both residential types.
Employment Center land shall be used for corporate offices, research and educational
facilities, light indushy, hotels, warehousing, and similar uses. Employment Center lots shall
generally be grouped together.
C. General Mixed Use Future Land Use Category Intensity Measures for Non-Residential MXDs
Land Use Land Allocation Lot Coverage Height
Open Space
Commercial
Recreation
Commercial
Industrial
Institutional
Professional Office
Min 15%
Min 0%
Max 30%
Min 0%
Max 60%
Min 0%
Max 60%
Min 0%
Max 60%
Min 2%
Max 60%
Max 50%
Max 50%
Max 60%
Max 50%
Max 70%
'��
Max 4 Fl
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Max 4 Fl
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��
Max 4 FI
'���
Max 4 Fl
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AT..T�4 t=ii7!"
Max 4 Fl
At least 51 % of the gross square footage of the Commercial use shall be contained in
buildings having a two-story character containin� some actual two-story space. The City
Council, acting upon a recommendation by the Planning and Zonin� Commission or the
Local Plannin� Agency, retains the right to grant or deny waivers from the requirement of
this provision.
Land Uses are defined as set forth in the Future Land Use Element, with the exception of
special land allocation, lot coverage and height requirements specified for Non-Residential
MXD developments.
4. The individual uses, buildings and/or development within MXD
developments shall include interconnecting pedestrianways and plazas and
shall provide connections to the Parkway System. Nonresidential uses shall
have an internalized relationship with the residential component and multi-
FIJTURE LAND USE 6�99- 1-14
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Policy 1.1.5.7.: By the year 2000, the location of a district park shall be selected;
acquisition negotiations shall be established with the property owner; recreational facilities
shall be identified; and funding strategies shall be determined in conjunction with Palm
Beach County.
Policy 1.1.5.8.: Owners of property containing uses not consistent with the Comprehensive
Plan and Land Development Regulations will be notified that their use is nonconforming
and will be required to come into compliance or be eliminated no later than 7 years from the
date the use became nonconforming. The City Council may, on a case-by-case basis,
exempt a non-conforming use only after a public hearing is held to consider its compatibility
with surrounding properties. The City Council may require additional buffering, screening
and modifications to bring the property more into compliance with the Comprehensive Plan
and the Land Development Regulations. These uses will not be allowed to expand, and if
damaged or destroyed by more than 50% of their value, will not be allowed to be
reestablished. Nonconforming uses are defined as lots, structures, and uses of land and
structures that were lawful before the adoption or amendment of a regulation, but which
would be prohibited, regulated or restricted under the terms of the regulation or future
amendment. However, if the nonconforming use is a multifamily residential project of more
than 250 units, the City Council may permit an increase in the number of rooms or square
footage of individual residential units, provided that the maximum density of the affected
land-use is not exceeded and conformit_y with the current Land Development Regulations
will be required.
Policy 1.1.5.9: The Western Northlake Boulevard Corridor Planning Area shall be
delineated on the 2015 Future Land Use Map. This area is generally located south of the
Beeline Highway; west of the West Palm Beach Water Catchment Area; east of the J.W.
Corbett Wildlife Management Area and Seminole Pratt Whitney Road; and north of the
southern boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin Boulevard.
Through an interlocal agreement, the City, Palm Beach County and the City of West Palm
Beach shall provide for a means of intergovernmental cooperation in implementing the
recommendations of the Western Northlake Boulevard Corridor Land Use Study, dated June
8, 1998. The provisions of this interlocal agreement shall establish a procedure for
heightened review of local land use change petitions and development permit applications.
Objective 1.1.6.: The City's economic base shall be expanded by promoting
commercial and industrial activities as planaed and illustrated on the Future Land
Use Map, and by ensuring adequate sites and timely provision of pnblic utilities and
services to stimulate such growth.
FUTURE LAND USE fs�49� 1-29
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B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs
Land Use Land Allocation Lot Coverage Height
Open Space
Neighborhood
Commercial
Residential High
Residential Low
Employment Center
Min 15%
Min 2%
Max 30%
Min 20%
Max 60%
Min 0%
Max 60%
Min 2%
Max 30%
Max 70%
Max 50%
Max 50%
Max 70%
T�1r
Max 4 Fl
P�4��
Max 4 Fl
Max 2.5 3 Fl
Max 4 Fl
Special Definitions:
Neighborhood Commercial land shall be used for community-serving retail, service, office
and business uses. At least 51% of the gross square footage of the Neighborhood
Commercial shall be contained in buildings having a two-story character containing some
actual two-story space. °
. The City Council, acting upon
a recommendation by the Planning and Zoning Commission or the Local Planning Agency,
retains the right to grant or deny waivers from the requirement of this provision.
Residential High land in MXD projects shall have a maximum density of 15 units/acre as a
bonus for consideration of planned, niulti-faceted development. The area allocated for
Residential Low land and Residential High land shall not exceed the 60% limitation,
inclusive of both residential types.
Employrnent Center land shall be used for corporate offices, research and educational
facilities, light indushy, hotels, warehousing, and similar uses. Employment Center lots shall
generally be grouped together.
FUTURE LAND USE Support Doc b�99— 1-26
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, .. �
C. General Mixed Use Future Land Use Category Intensity Measures for
Non-Residential MXDs
Land Use Land Allocation Lot Coverage Height
Open Space
Commercial
Recreation
Commercial
Industrial
Institutional
Min 15%
Min 0%
Max 30%
Min 0%
Max 60%
Min 0%
Max 60%
Min 0%
Max 60%
Max 50%
Max 50%
Max 60%
Max 50%
���z
Max 4 Fl
"�-''�_
T.T„�cs-i iecic-�
Max 4 Fl
,�,.:� � ��
�[�'�"iT
Max 4 Fl
��-�
Max 4 Fl
Professional Office Min 2% Max 70% �'
Max 60% '`T^��-
, Max 4 Fl
At least S1% of the gross square foota,�e of the Commercial use shall be contained in
buildings having a two-story character containing some actual two-sfory space. The City
Council, actin� upon a recommendation by the Plannin� and Zoning Commission or the
Local Planning Agency, retains the right to grant or deny waivers from the requirement of
this provision.
Land Uses are defined as set forth in the Future Land Use Element, with the exception of
special land allocation, lot coverage and height requirements specified for Non-Residential
MXD developments.
The individual uses, buildings and/or developments pods within MXD
developments shall include interconnecting pedestrianways and plazas and shall
provide connections to the Parkway System. Nonresidential uses shall have an
internalized relationship with the residential component and multi-modal
accessibility.
FUTURE LAND USE Support Doc 44g- 1-27
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Policy 2.1.2.2.
a)
b)
c)
d)
e)
: Minimum right-of-way requirements for new roadways shall be:
ArteriaUPrimary roadways - right-of-way and laneage based on County
and State standard;
City Collector roadways - 120' right-of-way;
Neighborhood Collector roadways - 80' right-of-way
Local roads - 60' right-of-way (swale drainage);
and 50' right-of-way (curb and gutter).
Parkways - 300-400' right-of-way.
Policy 2.1.2.3.: The City shall implement the Conceptual Thoroughfare Plan (Map O) to ensure
that there is an adequate network of public streets (City Collectors, Neighborhood Collectors and
Local Roads) to efficiently move traffic within the City and serve as a backup system to the County
thoroughfare roads . Actual alignments for these public roadways will be established as part of the
development review process.
Policy 2.1.2.4.: The City shall modify its land development regulations to incorporate the minimum
standards for Neighborhood Collector roadways to ensure that neighborhood collectors can remain
two-lane roadways through build-out of the County. Actual alignments for these roadways will be
established as part of the development review process.
Policy 2.1.2.5.: Rights-of-way shall continue to be formally identified at the time of development
approval and a priority schedule for acquisition or reservation established .
Policy 2.1.2.6.: As a condition of plat approval, the City shall require mandatory dedications of
rights-of-way, easements, or fees when the required ROW is not under the same ownership as the
property being platted.
Policy 2.1.2.73.: The City shall require that adequate roadway capacity, at the adopted level of
service standards, is or will be available when needed in order to serve new development.
Policy 2.1.2.8.: By 2000, the City shall complete a study to assess the need for impact fees to fund
local (city) roadway capital improvements.
Policy 2.1.2.9: The City shall continue to encourage the County, State and surrounding local
jurisdictions to plan for a new Intracoastal Waterway (ICWW) crossing between PGA Boulevard and
Donald Ross Road.
Objective 2.13.4.: In accordance with section 163.3202, F.S., the City shall maintain its review
by 1991, and revise where necessary, land development regulations for the provision of
motorized and non-motorized transportation.
TRANSPORTATION � 2-11
CA�_Rnoorl Amor�rlmenfc ilrr�inonno i) 1��R
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Plan and Palm Beach County Five-Year Road Improvement Program in order to update or modify
this element, if necessary.
Policy 2.1.5.2.: The City shall review for compatibility with this element, the transportation plans
and programs of the unincorporated County and neighboring municipalities as they are amended in
the future.
Policy 2.1.5.3.: The City shall coordinate with State and County traffic agencies to change the
classification of Holly Drive on plans and models to that of a neighborhood collector.
Objective 2.1.6.: To continue to plan for parkways, pedestrian and bicycte facilities. The
City, shall continue to plan for and provide transportation facilities to encoura�e various
modes of transportation. The Ci ,ty shall also plan and provide for alternate routes to ma,jor
arterials within the City Center area, which is bounded b,y RCA Blvd. to the south,
Prosperit,y Farms Road to the east, Militar,y Trail to the west, and Atlantic Avenue to the
north. Accordin�ly, the Ci ,ty adopts and incorporates into the Conceptual Thoroughfare
Plan map and the Future Land Use Map Series the Cit,y Center Linka�es Plan (Maps P,
Q, and R) for the City, Center area to serve as alternate routes to PGA Blvd., Prosperit,y
Farms Road, and A(t. A-1-A, and other major thorou�hfares wit6in the Cit,y. The plan
provides facilities for vehicles, pedestrians, as well as bic,yclists within the right-of wa,y.
Polic,y 2.1.6.1.: The City shall require individual developments to dedicate the needed right-
of-way durin� the site plan review process, be consistent with, and conform to the City Center
Linkages Plan. However, the Cit_y Council may in its discretion accept a perpetual public access
easement in lieu of dedication of right-of-way on tertiary and secondary roads (defined to be
neighborhood collectors and local roads) only. This shall apply only to tertiary and secondary
roads (neighborhood collectors and local roads) that are part of the Cit_y Center Linkages Plan.
Roadway alignments, right-of-wa_y, cross sections and construction of each link shall be
consistent with the standards specified in the City's Land Development Regulations. However,
granting of waivers may permit minor deviations from the plan and or roadway construction
standards affecting such links. Such waivers are granted only by the City Council acting upon
a recommendation from the Local Planning Agency. The City reserves the right to expand the
laneage within the right-of-way and or the right-of-way itself, if so determined b_y the City,
should the need arise in the future on roadwa_ys upon which the City is granted perpetual public
access easements. Maintenance of such roadways, upon which the City is �ranted the mentioned
easement, shall be the sole responsibility of the property owners/developers.
TRANSPORTATION � 2-13
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CITY OF PALM BEACH GARDENS
CONCEPTUAL THOROUGHFARE PLAN ROADS
1. Burma Road extension to Northlake Boulevard Reliever.
�
... .
3. Altemate AlA bypass (west of Alt. AlA) from RCA Boulevard to north of PGA
Boulevard, connecting Military Trail turnout.
4. Gardens Boulevard &om Alternate AlA to Prosperity Farms Road.
5. Flamingo Road &om Prosperity Farms Road (Frenchman's Landing) to Hood
Road/Alternate A 1 A.
� u,.,.�t
... .
7. Donald Ross Road extension from 69th Drive to Alexander RunlJupiter Farms.
8. Alexander Run from Beeline Highway to future Donald Ross Road.
9. Coconut Boulevard extension from Northlake Boulevard to Beeline Highway.
10. Future 101st Street from Seminole Pratt Whitney Road to Coconut Boulevard.
11. Shady Lakes extension to 117th Court North.
12. 117th Court North from Florida's Turnpike to Shady Lakes.
13. Hood Road protected as six-lane ultimate section
(Turnpike east to Prosperity Farms Road).
14. Florida Boulevard from Lone Pine extension to Central Boulevard.
15. New facility midpoint of Donald Ross Road and Hood Road from Alternate AlA to west
of Central Boulevard and north to Donald Ross Road.
16. Elm Avenue extension to Hood Road.
17. Right-of-Way for I95/Central Boulevard Interchange,
18. Ba1lenIsles Drive extension north to 117th Court North extension.
F�� �. - - - ' - -- --
�- - - - - - - -
i
TALBLE 2-8
CITY OF PALM BEACH GARDENS
PROPOSED THOROUGHFARE ROADS
1. Burma Road extension to Northlake Boulevard Reliever.
�
... .
3. Alternate AlA bypass (west of Alt. AlA) from RCA Boulevard to north of PGA
Boulevard, connecting Military Trail turnout.
4. Gardens Boulevard from Alternate AIA to Prosperity Farms Road.
5. Flamingo Road from Prosperity Farms Road (Frenchman's Landing) to Hood
Road/Alternate AIA.
7. Donald Ross Road extension from 69th Drive to Alexander Run/Jupiter Farms.
8. Alexander Run from Beeline Highway to future Donald Ross Road.
9. Coconut Boulevard extension from Northlake Boulevard to Beeline Highway.
10. Future 101 st Street from Seminole Pratt Whitney Road to Coconut Boulevard.
I 1. Shady Lakes extension to 117th Court North.
12. 117th Court North from Florida's Turnpike to Shady Lakes.
13. Hood Road protected as six-lane ultimate section
(Turnpike east to Prosperity Farms Road).
14. Florida Boulevard from Lone Pine extension to Central Boulevard.
15. New facility midpoint of Donald Ross Road and Hood Road from Alternate AlA to west
of Central Boulevard and north to Donald Ross Road.
16. Elm Avenue extension to Hood Road.
17. Right-of-Way for I95/Central Boulevard Interchange.
18. BallenIsles Drive extension north to 117th Court North extension.
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TRASPORTATION 6/98 2_1$ n_a:_,._..� ��nno..
,
to fulfill the city's legal commitment to provide facilities and services, or to preserve or
achieve full use of existing facilities or to eliminate existing capacity deficits;
2) Whether the project increases efficiency of use of existing facilities, prevents or reduces
future improvement eost, provides service to developed areas lacking full serviee, or
promotes infill development; and
3) Whether the project represents a logical extension of facilities and services.
4) Whether the project is consistent with the location needs based on the projected growth
patterns, the accommodation of new development and redevelopment facility needs, and the
plans of state agencies and South Florida Water Management District (SFWIVID� that provide
public facilities within the City's jurisdiction.
5) Whether the project is consistent with the Urban Growth Boundary philosophy of urban vs.
rural characteristics and service provision.
Objective 9.1.2.: Future development shall bear a proportionate cost of facility improvements
necessitated by the development in order to maintain adopted LOS standards.
Poliey 9.1.2.1.: The City shall continue to collect a countywide transportation impact fee to assess
new development a pro rata share of the costs required to finance transportation improvements
necessitated by such development and shall consider adopting a city road impact fee for
neighborhood collectors and local roads of City responsibility. The roadways within the City Center
Linkages Plan shall be constntcted and financed by individual landowners whose developments will
have a direct benefit by having access onto these raadways. The timing and construction of the
Linkages Plan roadways are to coincide with the development of individual sites. The development
approval for the affected parcels will be conditioned on the construction of the roadways coinciding
with the development of these parcels.
Policy 9.1.2.2.: The City shall continue its program of mandatory dedications or fees in lieu of as
a condition of development approval for the provision of recreation and open space.
Policy 9.1.2.3.: The City shall periodically review the adequacy of impact fees levied to fund the
following capital facilities needed to support new growth:
1) Park and recreation sites and facilities; and
2) Law enforcement and emergency services.
CAPITAL TMPROVEMENTS �6�9•8- 9 - 2
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INTERGOVERNMENTAL COORDINATION ELEMENT
Goals, Objectives and Policies
GOAL 8.1.:: ESTABLISH EFFECTIVE COORDINATION MEASURES AMONG ALL
PERTINENT PUBLIC AND QUASI-PUBLIC ENTITIES SO TO BEST MAINTAIN PALM
BEACH GAR.DENS' QUALITY OF LIFE AND EFFICIENT USE OF RESOURCES.
Objective 8.1.1.: The City shall continue to maintain formal, speci�c means of coordiaation
with adjacent municipalities, the county, state, and federal agencies who have permitting and
regulating authority, and quasi-pubiic entities which provide services but lack regulatory
authority in Palm Beach Gardens.
Polic,y 8.1.1.1.: The City shall encourage the implementation of the Conceptual Master Plan for
the U. S. 1 Comdor in Northern Palm Beach County known as the "seven-cities plan." Potential
developments along U. S. 1 within the City's jurisdiction will be encouraged to conform with said
plan. The City shall also provide support and assistance to nearby jurisdictions in obtaining funding
for the implementation of the plan from regional, state, and federal agencies.
Policy 8.1.1�.2: The City, through its involvement with Seacoast Utility Authority and in
conjunction with the City Engineer, shall review all plans for water and sewage systems when these
improvements are to be maintained by the city after construction.
Policy 8.1.1�.3: The City shall notify Palm Beach County and surrounding municipalities in writing
(prior to the application being considered by the City Planning and Zoning Commission) of all
development applications received by the Csty requiring a Development Review Committee meeting.
Policy $.1.1�.4: Palm Beach Gardens shall request that the state regulatory agencies create liaisons
with the City. For example, the SFWNID recently implemented a program which has assisted liaison
within the county.
Policy 8.1.1:4.5: Through the City Council, the City Manager shall be responsible for ensuring an
effective intergovernmental coordination program for Palm Beach Gardens.
Policy 8.1.1.3.6: The City shall utilize the Palm Beach Countywide Intergovernmental
Coordination Process as a regular formal forum in which to deal with issues unique to Palm Beach
County and the municipalities therein. The Multi-Jurisdictional Issues Coordination Forum shall
be utilized as a means of collaborative planning for matters of interjurisdictional significance
including, but not limited to, the siting of facilities with countywide significance and locally
unwanted land uses.
INTERGOVERNMENTAL COORDINATION 8-1
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Projected 2015 Traffic, LOS
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S7A7E OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH STEVEN M. SEIBERT
Governor Secretary
February 22, 2001
The Honorable Joseph R. Russo
Mayor, City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Dear Mayor Russo:
The Department has completed its review of the proposed Comprehensive Plan Amendment
for the City of Palm Beach Gardens (DCA No. 01-1), which was received on December 20, 2000. Copies
of the proposed amendment have been distributed to appropriate state, regional and locat agencies for .
their review, and their comments are enclosed.
I am enclosing the Department's Objections, Recommendations and Comments (ORC) Report,
issued pursuant to Rule 9J-11.010, Florida Administrative Code (F.A.C.). The issues identified in this
ORC Report pertain ta the Constrained Roadway At Lower Level of Service designation on PGA
Boulevard. It is very important that the adopted plan amendment address these issues, and all of the
objections in the Department's ORC Report.
Upon receipt of this letter, the City of Palm Beach Gardens has 60 days in which to adopt, adopt
with changes, or determine that the City will not adopt the proposed amendment. The process for
adoption of local government comprehensive plan amendrnents is outlined in Section 1633184, F.S.,
and Rule 9J-I 1.011, F.A.C. The City must ensure that all ordinances adopting comprehensive plan
amendments are consistent with the provisions of Section 163.3189(2)(a), F.S.
Within ten working days of the date of adoption, the City of Palm Beach Gardens must submit
the following to the Department:
Three copies of the adopted comprehensive pian amendments;
A copy of the adoption ordinance;
A listing of additional changes not previously reviewed; q?'/ � "'
S�, ► ��id P6ti. ,{�
A listing of findings by the locat governing body, if any, which we ot i��� �i��
ordinance; and
� g�,pNNlt�'i �O
2555 SHUMARD OAK BOULEVARD • TALtAHASSEE, FLOlBA 32��Q210 .
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/SW�om 2��51.078 �
Internet address: http:!/www.dca.state.fl.us � �
CRITI�AL STATE CONCERN FIEIp OFFICE GOMMUNITY PUNNING EMERGENCY MANAGFMENT HOUSING & ZS UNITY DEVELOPMENT
2796 Overseas Highway, Suite 212 2555 Shumard Oak Boutevard T555 SAumard Oak Boulevard I555 Shumard Oak Boulevard
Maralhon, FL )3050�2277 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, Fl 32399-2100
_ (�05) 2B9-2402 (950) 48&2J56 (B50) 413-9969 . (B501 4 88-795 6
The Honorable Joseph R. Russo
February 22, 2001
Page Two
A statemant indicating the relationship of the additional ehanges to the Department's ORC
Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intent.
Jn order to expedite the regional planning council's review of the amendments, and pursuant to
Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive
Director of the Treasure Coast Regional Planning Council. '
Please contact Valerie M. James, Planner II, or Bernard O. Piawah, Planning Manger, at (850)
487-4545 if we can be of assistance as you formulate your response to this Report.
Sincerely yours,
���� � ���
Charles Gauthier, AICP
Chief, Bureau of Local Planning
CG/vmj
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
cc: Mr. Steven B. Cramer, AICP, Growth Management Director, City of Palm Beach Gardens
Mr. Miehaei J. Busha, AICP, Executive Director, Treasure Coast Regional
Planning Council
DEPARTMENT OF COMMTJNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
THE CITY OF PALM BEACH GARDENS
Amendment 01-1
February 22, 2001
Division of Community Planning
Bureau of Local Planning
INTRODUCTION
The following objections, recommendations and comments are based upon the
Department's review of the City of Palm Beach Gardens's proposed 01-1, amendment to its
comprehensive plan pursuant to Section 163.3184, Florida Statutes (F.S.).
Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida
Administrative Codes (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a
recommendation of one approach that might be taken to address the cited objection. Okher
approaches may be more suitable in specific situations. Some of these objections may have
initially been raised by one of the other external review agencies. If there is a difference •
between the Department's objection and the external agency advisory objection or comment,
the Department's objection would take precedence.
The local government should address each of these objections when the amendment is
resubmitted for our compliance review. Objections which are not addressed may result in a
determination that the amendment is not in compliance. The Department may have raised an
objection regarding missing data and analysis items which the local government considers not
applicable to its amendment. If that is the case, a statement justifying its non-applicability
pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a
determination on the non-applicability of the requirement, and if the justification is sufficient,
the objection will be considered addressed.
The comments which follow the objections and recommendations are advisory in
nature. Comments will not form bases of a determination of non-compliance. They are
included to call attention to items raised by our reviewers. The comments can be substantive,
concerning planning principles, methodology or logic, as well as editorial in nature dealing
with grammar, organization, mapping, and reader comprehension.
Appended to the back of the Department's report are the commeni letters from the other
state review agencies and other agencies, organizations and individuals. These comments are
advisory to the Department and may not form bases of Departmental objections unless they
appear under.the "Objections" heading in this report:
OBJECTIONS, �2ECOMMENDATIONS, AND COMMENTS
PR4POSED COMPREHENSIVE PLAN AMENDMENT Ol-1
CITY OF PALM BEACH GARDENS
AMENDMENT 01-1
I. CONSISTENCY WITH CHAPTERS 163�F.S., .AND RULE 9J-5, F.A.C.
The City of Palm Beach Gardens has submitted a proposed comprehensive plan
amendment for review by the Department. The amendment package consists of several text
changes to the Future Land Use Element, Intergovernmental Coordination Element, Capital
Improvements Element, and Transportation Element. The Department has the following
objection to one of the proposed amendments: ,
Transportation Element: Proposed Amendment for PGA Boulevard's CRALLS
Objection. The City is proposing to designate several segments of PGA Boulevard as
CRALLS. These segments are identical to those included in Palm Beach County's
Amendment 00-2. Based on the data and analysis provided by the City and supplemented
by the County's data and analysis regarding the same CRALLS designation the
Department objects to the amendment, because the data and analysis indicate that the
CRALLS designation will (1) lower the level of service standard established by the.
Florida Department of Transportation (FD01� for I-95; ,(2);adversely impact the ramp
queue on I-95; and (3) create significant queuing on the north leg of the Turnpike and the
PGA Boulevard (i.e., Turnpike exit). VJhile these impacts aze shown by the data and
analysis, we believe that the data and analysis was limited and did not include full
transportation analysis to determine if there are other impacts to I-95. It appears that the
CR.ALLS designation is not based on the maximum densities and intensities alIowed by
the affected land use categories, but on a limited amount of density and intensity set out
in a Forbearance Agreement. The objectives and policies have not been revised to
incorporate into the comprehensive plan the limited density and intensity that the data and
analysis has been based upon. Similarly, the City's proposed CRALLS designation for
PGA Boulevazd is not supported by adequate data and analysis demonstrating how the
impact of the CRALLS designation on I-95 and the Turnpike will be mitigated.
Although the City's proposed Objective 2.1.6 and the associated Policy 2.1.6.1, regarding
a linkage plan will provide facilities for vehicles, pedestrians and bicyclists within rights-
of-way, and will help improve mobility in the central area of the City, it will not address
the impact of the CRALL,S designation on I-95 and the Turnpike. In addition, the linkage
plan should be properly incurporated into the comprehensive plan by reference.
[Chapter 163.3180(10); Rules 9J-5.0055(�}(a), (3)(c)2.; 9J-5.014(3)(b),(d),(t�,(h)&(j);
and 9J-S.14(4}(c)1.,11.,F.A.CJ
Recommeridation: It is recommended that: (1) the City should conduct an analysis in
coordination with FDOT to determine the full impact of the CRALLS designation on
I-95 and the Turnpike. (2) based on these analysis, the City should appropriately revise
objectives and polices to address the impacts; (3) reyise proposed Objective 2.1.6, and the
associated Policy 2.1.6.1 to properly incorporate by title or, volume and date the linkage
plan as well as the associated Map Q into the comprehensive plan (the City could also
adopt Map Q as part of the Future Land Use Map series); and (4) alternatively, the City
should not adopt the proposed changes to the comprehensive plan relating to the
CRALLS designation on PGA Boulevard. Since the purpose of the CRALLS designation
on PGA Boulevazd is to enable the development of the properties involved in the
Forbearance Agreement of April 14, 1999, the City should incorporate the Forbearance
Agreement into the comprehensive plan, and, in addition, specify the maximum density
and intensity of development that will occur on each property. .
II. CONSISTENCY WITH STATE COMPREHENSIVE PLAN
The Department's staff has identified inconsistencies of the proposed amendment
with the State Comprehensive Plan, Chapter 187, F.S.:
(16) Land Use and Polices (b)1., & 6., regarding promotion of state programs,
investments, and development and redevelopment activities which encourage efficient
development and to occur in areas which will have the capacity to service new population
and commerce; and considering the impact of land use on water quality and quantity, the
availability of public and naturaI resources to meet demands, and the potential of
flooding.
(20) Transportation Goal and Policies (b) 9. & 15., regarding ensuring easy
mobility and promotion of effective coordination among various modes of transportation
in urban areas to assist urban development and redevelopment efforts.
Recommendation: Revise the proposed amendment to be consistent with the
above referenced goals and polices of the State Comprehensive Plan, as recommended
elsewhere in this report.
RESPONSE TO ORC REPORT
The Florida Department of Community Affairs (DCA) issued its ORC Report on
February 22, 2001 for the City's proposed comprehensive plan amendments.
DCA raised one objection to the proposed amendments to the City's
Comprehensive Plan and exclusively dealt with the proposed CRALLS
designation for PGA Blvd. and the incorporation of the City Center Linkages Pfan
into the comprehensive plan.
The City of Palm Beach Gardens need not respond to the components of the
objection directed to the CRALLS, since the City has decided not to adopt the
CRALLS amendment at this time. However, the City will respond to the portion
of the objection dealt with the incorporation and referencing of the City Center
Linkages Plan into the City's Comprehensive Plan. The following is the
component of the objection directed to the referencing of the Linkages Plan
foflowed by the City's response to the objection.
Objection..."In addition, the linkage plan should be properly incorporated
into the comprehensive plan by reference."
Response: DCA raised a concern regarding how the City Center Linkages Plan
was referenced in the proposed text of Objective 2.1.6 to the Comprehensive
Plan. The conce�n was that the plan might be self-amending without the initiation
of a comprehensive plan amendment. Staff has contacted DCA and explained
that this was not the case, since the language incorporating the Linkages Plan
into the comprehensive plan clearly states that the three Linkages Plan maps are
part of the City's Conceptual Thoroughfare Plan Map, which is the City's official
Transportation Map (Map O). In addition, the adoption ordinance clearly states
that the three maps of the Linkages Plan are now part of the comprehensive plan
map series. Therefore, no modifications can be made to the Linkages Plan
without the initiation of a comprehensive plan amendment authorized and
approved by the City Council. Objective 2.1.6 incorporates the Linkages Plan
into the comprehensive plan and properly titles the plan as reflected on all three-
plan maps. All three rriaps of the plan, including Map Q, are referenced in the
adoption ordinance, Exhibit A, and are properly dated and titled.
G: Talal/Orc-res p-00-02
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 1, 2002
Meeting Date: October 17, 2002
Ordinance 39, 2002
Subject/Agenda Item:
Ordinance 39, 2002: Prosperity Centre PUD Amendment
First Reading: a request by Hank Skokowski of Urban Design Studio, on behalf of Equity One
Realty and Management, to allow for the construction of a 9,600 square-foot addition and additional
parking to an existing 121,000 square-foot shopping center known as "Prosperity Centre" located on
11.92 acres, and re-zoning .665-acres of the site to Palm Beach Gardens Planned Unit Development
(PUD) Overlay with underlying zoning of General Commercial (CG-1). The Prosperity Centre
shopping center is located at the southeast corner of Prosperity Farms Road and PGA Boulevard.
[ ] Recommendation to APPROVE
[X] Recommendation to DENY
Originating Deparhnent: Costs: $ Planning and Zoning
Growth Management (Total) Action:
Reviewed by: w ombari, AICP [] Approved
T Benothman, AICP
$ [X ] Approved w/
R�� Pr ' anager Current FY conditions
�% Development Compliance [ ] Denied
Principal Planner � ( , j
�
Le rd R in Bahareh Wolfs, AICP
Advertised: Funding Source: [] Continued to:
City Attorney
Date:
[ ] Operating Attachments:
Paper: [] Other Ordinance 39, 2002
Aeria] Photo
-Code Compliance Table
-Waiver Request
& Response Narrative
-Employee Census
-Tum Iane Scenario Diagrams
-Tum Lane Cost Analysis
-Memorandum from City
Engineer dated August 22, 2002
-Site Plan
-Landscape Plan
-Building Elevations
Submitted by:
Charles K. Wu, AICP � x] Not Required
iv��•►
eparhnent Director Affected parties Budget Acct.#:
Ap ve y: o i ied [] None
Ron F is
City ana r [] Not required
Date Prepared: October 3, 2002
Meeting Date: October 17, 2002
Ordinance 39, 2002
Page 2
BACKGROUND
The Prosperity Centre PUD was originally approved by the City Council in 1988 through the
adoption of Ordinance 32, 1988. The PUD was subsequently amended several times with the last
major amendment occurring with the adoption of Resolution 43, 1992. The shopping center was
soon thereafter constructed. The Prosperity Centre PUD has a total of 121,000 square feet of
commercial space, of which 9,600 square feet is currently utilized for restaurant space.
On April 19, 2001, the City Council adopted Ordinance 9, 2001, which annexed .665 acres of land
directly south of the development into the City. The applicant is proposing to utilize the newly
annexed area to provide for 18 additional parking spaces on site and 9,600 square feet of additional
space to the TJ Maxx anchor tenant.
LAND USE & ZONING
The subject site is zoned Planned Unit Development Overlay with an underlying zoning of General
Commercial (CG-1), with the exception of the recently annexed .665 acres, which still has a Palm
Beach County zoning designation of Residential RS. The land-use designation for the entire site is
Commercial. The applicant is proposing to rezone the .665-acre site to Palm Beach Gardens Planned
Unit Development Overlay with underlying zoning of General Commercial (CG-1), as part of this
application.
CONCURRENCY
Palm Beach County Engineering Traffic Division has determined that the proposed expansion meets
the Traffic Performance Standards of Palm Beach County for concurrency reservation. However, the
proposed expansion does not meet the operational standards of Palm Beach County, which are
discussed further in the staff report.
PROJECT DETAILS
Building
The applicant is proposing a 9,600 square-foot expansion to the rear of the TJ Maxx anchor store.
Staff had initially requested that the applicant provide for a rear door that would provide access for
customers utilizing the additional parking to be provided behind the addition. The applicant has
indicated that such an access would violate the existing lease between the owner and TJ Maxx, but
suggested that the parking in the rear be identified as employee parking only. The applicant has
provided staff with the number of employees, which indicates that there is sufficient proposed and
existing parking in the rear to accommodate all the employees at any given time. Staff has required
that the applicant revise the building elevations to indicate employee entrances and employee parking
areas in the rear of the building. The applicant has revised the plans accordingly.
Date Prepared: October 3, 2002
Meeting Date: October 17, 2002
Ordinance 39, 2002
Page 3
However, even with these good intentions, staff continues to have doubts about the effectiveness of
this designated parking and the enforcement of same after approval.
The architecture of the addition is intended to match the existing rear of the shopping center. Staff
has requested that the applicant provide enclosed downspouts along the additional walls and the
applicant has amended the building elevations accordingly.
The proposed expansion shall require the demolition of two structures, an existing house on the
annexed parcel and a wall located along the western boundary of the southernmost parking area,
dividing the proposed parking area with the adjacent office park.
Parkin
As provided for in Section 78-346 of the Land Development Regulations (LDRs), entitled "Shared
parking", the applicant has provided a shared parking analysis to indicate the shared parking
anticipated between the retail businesses within the center, which are primarily daytime activities,
and the restaurant businesses, which are primarily evening activities. Based on the shared parking
analysis provided by the applicant, 557 spaces would be required to provide for the necessary
parking for the mix of retail and restaurant uses anticipated. The applicant is proposing 574 parking
spaces, a difference of 17 surplus spaces (please see table on the following page).
Without the shared parking benefit, the applicant is required to provide 653 parking spaces, a
difference of 96 deficit spaces. Based on this analysis, staff has concerns about the number of
parking spaces on site. The shared parking analysis has been reviewed by the City's Traffic
Consultant, who has recommended the following should the City Council approve this petition:
(1) Prior to the issuance of any building permit for interior renovations for any use, the
applicant or its agent shall submit a breakdown by use of the gross square footage for
lease for Prosperity Centre, including out-parcels, for approval by the Planning &
Zoning Division. The applicant or its agent is limited to converting the tota1130,600
square feet of the shopping center to 118,500 square feet of commerciaUretail uses
and 12,100 square feet of restaurant uses, provided all applicable land development
regulations, such as parking requirements, pertaining to said conversion are met. Any
trade-off between commercial/retail uses and restaurant uses that exceeds the total
restaurant use of 12,100 square feet shall include a shared parking analysis, in
accordance with Section 78-346 of the Land Development Regulations, which
demonstrates the provision of required parking. (Planning and Zoning).
Date Prepared: October 3, 2002
Meeting Date: October 17, 2002
Ordinance 39, 2002
Page 4
Shared Parking Analysis
Use Weekday Weekday Weekday Weekday Weekend
Midnight to 6 9 a.m. to 4 p.m. 6p.m. to 9 a.m. to 4 p.m. 6 p.m. to
a.m. midni ht midni ht
Commercial and 5% 70% 90% 100% 70%
Retail
118,500 sf
1/250 re uired
Restaurant 10% 50% 100% 50% 100%
12,100 s.f.
(1/150, plus
1/250 for
employees = 130
s aces
Total 37 s aces 397 s aces 557 s aces 539 s aces 462 s aces
The applicant has requested a waiver to allow for nine-foot-wide parking spaces for the 18 additional
parking spaces proposed in the rear of the plaza. The applicant has provided calculations that indicate
the total square footage of open space created by providing 9-foot-wide spaces in-lieu-of 10-foot-
wide spaces.
The City Forester has reviewed the calculations and has requested a 10-foot alternate parking plan
that indicates the applicant can provide for 10-foot-wide parking spaces and still meet all LDR
requirements. The applicant has just recently submitted such a plan.
Tra ff c and Circulation
The City Engineer has serious concerns about allowing for any expansion of use at this site without
the installation of at least one right turn ingress turn lane on PGA Boulevard for traffic entering this
site. The applicant has provided a traffic impact analysis that indicates that right turn movements
into the northernmost entrance off Prosperity Farms Road and the western most entrance of PGA
Boulevard both exceed the threshold of peak hour movements established by Palm Beach County.
The threshold is 75 right turns per peak hour. The Prosperity Farms Road entrance has 93 peak
hour movements and the PGA Boulevard entrance has 145 peak hour movements. Since the PGA
Boulevard entrance demands more peak hour movements, staff has placed special emphasis on
mitigating the impacts at the PGA Boulevard entrance. As a result, the City's Traffic Engineer has
recommended that the applicant construct turn lanes at these locations consistent with Palm Beach
County Engineering Standards and Section 78-644 of the City's LDRs, entitled "Site-related
improvements", which states ".. .peak hour turning movements shall be shown and analyzed using
the latest edition of the HCM procedures... ...Recommendations shall be made concerning traffic
control, laneage, storage requirements, site triangles and the like."
Date Prepared: October 3, 2002
Meeting Date: October 17, 2002
Ordinance 39, 2002
Page 5
The applicant has provided a cost analysis of two scenarios for a turn lane off of PGA Boulevard, as
recommended by the City Engineer. The first scenario would include the addition of a right turn lane
at a new entrance to the site (between existing entrances) and a significant re-design of the entire
interior parking area on site that would provide for 15 additional parking spaces on site, and include
the closure of the western entrance. The estimated cost for this scenario is $278,930. Scenario two
would require the conversion of the western entrance (near Barnes and Nobles) into an egress
(eastbound) only to prevent eastbound traffic from using this entrance, and an additional turn lane at
the eastern entrance (near Bed Bath and Beyond). This improvement would cost $113,512, based on
the applicant's estimation, and would result in the loss of 19 parking spaces on-site.
The applicant has indicated that costs associated with either scenario would be cost prohibitive and
would render the proposed PUD amendment infeasible. Staff is recommending that, at a minimum, a
right turn lane be added to the eastern existing entrance on PGA Boulevard, based on the
requirements set forth by the Palm Beach County Traffic Performance Standards.
The applicant has provided for the connection with the Speedway Service Station, as was required by
the original PUD development order for the Prosperity Centre PUD. Furthermore, the Speedway
PUD received approval in 2001 with a condition that reads "Prior to the issuance of building permit,
the applicant shall provide the City with an agreement between the adjacent property owners and
owners of the subject site allowing the southwest and northeast connections between the sites.
Should the adj acent property owner not agree to the northeast connection, the applicant shall provide
for a loading space in this location as originally proposed." The applicant shall be required by
condition of approval to indicate a"stubout" at the northeast connection site (adj acent to Barnes and
Nobles) on the construction plans and construct said stubout priar to the issuance of any Certificate
of Occupancy for the proposed expansion. At such time that the Speedway site is constructed
according to approved plans on file with the Growth Management Department, both the north east
and southwest stubouts shall be connected.
Landscaping
The applicant has provided a tree survey and a landscape plan to indicate existing and proposed
landscaping. The plan provides for relocated sabal palms within the southern landscape buffer and
saved specimen trees, including live oaks and a Royal Poinciana tree. A cocoplum hedge shall be
planted along the property line between the adjacent Prosperity Gardens office park and the subject
site, and an existing wall shall be removed in this location.
Section 78-324 ofthe City's LDRs requires landscaping within adjacent rights-of-way. The applicant
shall be required to revise the landscape plans of record to provide for landscaping within the
medians of Prosperity Farms Road and PGA Boulevard. Irrigation and maintenance of said
landscaping shall be the responsibility of the applicant, successor, or assigns in perpetuity. Said
landscaping shall be consistent with the proposed improvement at the intersection of Prosperity
Farms Road and PGA Boulevard, in accordance with the Florida Department of Transportation and
Palm Beach County standards. Landscape plan revisions indicating right-of-way landscaping shall
be submitted for staf�s review prior to construction plan approval.
Date Prepared: October 3, 2002
Meeting Date: October 17, 2002
Ordinance 39, 2002
Page 6
Lighting
The applicant is required to provide a photometric plan meeting the requirements of LDRs Section
78-182 for City review and approval. The applicant has submitted a photometric plan and lighting
detail sheet, which the City Engineer has reviewed and approved for compliance with LDR
requirements.
Si�gnage
The applicant is proposing no additional signage as part of the PUD amendment.
Drainage
The applicant is proposing a new dry retention pond to the south of the expanded parking area to
compensate for the additional impervious surface area, and has submitted a preliminary Paving,
Grading and Drainage Plan that has been reviewed and approved by the City Engineer.
The City Engineer has required that the applicant add language to the landscape detail sheet that
reads: "All existing and proposed landscaping shall be field adjusted to the satisfaction of the City
Engineer to avoid conflicts between landscaping and swale drainage." The applicant has revised the
latest landscape plan to add this language.
CPTED Compliance
In accordance with the City resolution adopting Crime Prevention Through Environmental Design
(CPTED) criteria, the applicant shall construct the development using CPTED design requirements.
Staff shall require the following as conditions of approval, should the City Council approve this
petition:
• All lighting shall be metal halide;
• All perimeter doors should be equipped with hinges that utilize non-removable hinge pins;
• All strike areas of perimeter doors should be equipped with reinforced, case hardened strike
plate; and
• The rear door should be equipped with a"peephole" viewer.
Date Prepared: October 3, 2002
Meeting Date: October 17, 2002
Ordinance 34,2002
Page 7
Waivers
Requirement Required Provided Compliance Waiver staff
j
RC[jUCSt Recommend-ation
Setbacks
Building Rear Section 78-186: No Yes Deny (1)
90 feet non- 84 feet rear
residenrial abutting setback
residential
Building Side Section 78-18b: 45' side No Yes Deny (1)
90 feet non- setback
residential abutting
residential
Parkin
Parking Space Width Section 78-344: 18 nine foot No Yes Deny (2)
10-foot parking stall wide parking
width stalls
Perimeter Wall
Location Section 78-186: On property No Yes Deny (3)
Six foot setback from line
ro e line
Staff Recommendation
(1) Staff has a concern with the expansion of this Shopping Center as proposed. The intensity of
uses on site and the location of additional parking in the rear, away from the areas of most
intense use, do not, in staff's professional opinion, best address the inadequacies of this
Shopping Center. Given the current high volume of use and parking difficulties in the front
of the "mainline building", the location of the proposed parking may lead to its
underutilization and further exacerbate an already problematic parking situation in front of
the building. Staff does not recommend granting waivers for an expansion that may create
additional problems or not remedy existing problems. The applicant has not adequately
addressed this concern.
(2) Staff has requested a parking plan of ten-foot-wide spaces in the area of proposed parking,
while meeting all LDR standards. The applicant has just recently submitted such a plan.
Due to this late submittal, staff plans to review this plan prior at the public hearing.
(3) The applicant has met with residents to discuss the location of the required six-foot wall
between residential and commercial property. The intent of the six-foot wall setback
requirement is to provide adjacent residents with additional green space to help buffer the
commercial use. However, some residents have expressed their preference that the wall be
Date Prepared: October 3, 2002
Meeting Date: October 17, 2002
Ordinance 39, 2002
Page 8
located on their property line, so that no one may access their property to maintain the
adj acent property in the six-foot setback. Staff does not support the waiver request because:
a. The proposed amendments are not consistent with the traffic operations standards of
Palm Beach County; the applicant has not provided special site design standards
exceeding code requirements; and the applicant has not provided adequate
justification for the request.
b. It is stafPs professional opinion that the requested waivers are intensity based, and
therefore, does not support the waivers.
Applicant's Waiver Justification
See attached waiver justification narrative.
PLANNING AND ZONING COMMISSION
On July 23, 2002 the Planning and Zoning Commission reviewed Ordinance 39, 2002 and
recommended APPROVAL by a vote of six to one. The Commission requested that the applicant
adhere to two additional conditions. The first condition was that the applicant provide staff with
additional details on the footers for the proposed wall along the southern boundary of the site. The
applicant has done so, and the City Engineer has reviewed the details and has no technical concerns.
The Commission also requested that the applicant accept a condition of approval that shall require
the applicant to coordinate with the adjacent Speedway Service Station, when that site applies for
construction plan approval, to provide for an additional access point between the two sites at the
northwest corner of the Barnes and Nobles site. Staff has added a condition of approval to address
this concern, should the City Council approve this petition.
The Planning and Zoning Commission also had concerns that the additional parking to be provided
in the rear may not be used by employees. The applicant has responded by providing directional
signs on site and indicating its location on a revised site plan and building elevations.
STAFF RECOMMENDATION
Based on the concerns raised by both the City Engineer (see memorandum dated August 22, 2002)
and the Planning and Zoning Division, staff recommends denial of this application. Should the City
Council approve the application in its present form, staff has included the conditions of approval in
Ordinance 39, 2002.
G:/ed/2002/pud0106cc
Date Prepared: October 3, 2002
Page: 1
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 39, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN
AMENDMENT TO THE PROSPERITY CENTRE PLANNED UNIT
DEVELOPMENT, BY APPROVING A 9,600 SQUARE FOOT ADDITION OF
RETAIL SPACE, 18 ADDITIONAL PARHING SPACES AND A RE-ZOlvING
OF .665 ACRES FROM PALM BEACH COUNTY RS-LOW MEDIUM
RESIDENTIAL TO PALM BEACH GARDENS PLANNED UNIT
DEVELOPMENT (PUD) OVERLAY WITH UNDERLYING ZONING OF
GENERAL COMMERCIAL (CG-1), GENERALLY LOCATED AT THE
50UTHEAST CORNER OF PGA BOULEVARD AND PROSPERITY FARMS
ROAD AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND
`B" ATTACHED HERETO; PROVIDING FOR CONDITIONS OF
APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 32, 1988 and
Resolution 43, 1992, providing for the development of a 121,000 square-foot Shopping Center
known as "Prosperity Centre"; and
WHEREAS, the City of Palm Beach Gardens received an application (PUD-Ol-06) from Equity
One Realty and Management, Inc., for an amendment to the Prosperity Centre Planned Unit
Development (PUD), generally located at the southeast corner of PGA Boulevard and Prosperity
Farms Road, to allow for the construction of a 9,600 square-foot addition to a principal tenant space
and 18 parking spaces, as well as a rezoning of .665 acres from Palm Beach County RS-Low
Medium Residential to Palm Beach Gardens Planned Unit Development Overlay with underlying
zoning of General Commercial (CG-1); and
WHEREAS, the approximately 11.93-acre "Prosperity Centre" site is currently zoned Planned Unit
Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1), and has a
future land-use designation of Commercial (C); and
WHEREAS, the Growth Management Deparhnent has reviewed said application and determined that
it is sufficient; and
WHEREAS, on July 23, 2002, the City's Planning and Zoning Commission reviewed said
Date Prepared: October 3, 2002
Page: 2
application and recommended approval; and
WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest
of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves an
amendment to the Prosperity Centre Planned Unit Development (PUD), described in `Bxhibit "A"
attached hereto, to allow for the construction of a 9,600 square-foot addition to a principal tenant
space and 18 parking spaces, as well as a rezoning of .665 acres, described in Exhibit "B" attached
hereto, from Palm Beach County RS-Low Medium Residential to Palm Beach Gardens Planned Unit
Development overlay with underlying zoning of General Commercial (CG-1).
SECTION 3. Said PUD amendment and re-zoning approval shall comply with the following
conditions, which shall be binding upon the applicant, its successors, assigns and/or grantees:
(1) Prior to construction plan approval, the applicant shall submit for review and approval by the
City Forester, a landscape plan for the median directly adjacent to the Prosperity Centre
plaza along the entire frontage of the PGA Boulevard and Prosperity Farms Road rights-of-
way. Said landscaping shall be consistent with the proposed improvements to the
intersection of Prosperity Farms Road and PGA Boulevard, in accardance with Florida
Department of Transportation and Palm Beach County standards. (City Forester)
(2) Irrigation and maintenance of said landscaping shall be the responsibility of the applicant,
successor, or assigns in perpetuity. (City Forester)
(3) Prior to the issuance of any building permit for interior renovations for any use, the applicant
or its agent shall submit a breakdown by use of the gross square footage for lease for
Prosperity Centre, including out-parcels, for approval by the Planning & Zoning Division.
The applicant or its agent is limited to converting the total 130,600 square feet of the
shopping center to 118,500 square feet of commercial/retail uses and 12,100 square feet of
restaurant uses, provided all applicable land development regulations, such as parking
requirements, pertaining to said conversion are met. Any trade-offbetween commerciaUretail
uses and restaurant uses that exceeds the total restaurant use of 21,100 square feet shall
include a shared parking analysis, in accordance with Section 78-346 of the LDRs, which
demonstrates the provision of required parking. (Planning and Zoning)
Date Prepared: October 3, 2002
Page: 3
(4) Prior to the issuance of the first building permit, the applicant shall submit to the City's
Growth Management Department a 3.5" disk or other City approved electronic media
containing digital files of approved amendments to Prosperity Centre. (Planning and Zoning)
(5) Prior to the issuance of the first building permit, the applicant shall revise the construction
drawings to indicate a stub-out driveway at the northwest corner of the site adjacent to the
Barnes and Noble Book Store. At such time that the Speedway Service Station site is re-
built, the stub-out driveway shall be connected from Speedway to the subject site. (Planning
and Zoning)
(6) Prior to issuance of the first certificate of occupancy:
a.) All lighting shall be metal halide.
b.) All perimeter doors shall be equipped with hinges that utilize non-removable hinge
pins.
c.) All strike areas of perimeter doors shall be equipped with reinforced, case hardened
strike plate.
d.) The rear door shall be equipped with a"peephole" viewer. (Police Department)
SECTION 4. The following waivers are hereby granted with this approval, as follows:
(1) A waiver from Section 78-153 of the LDRs, which requires a 75-foot setback in addition to
the 15-foot side setback regularly required (for a total of 90 feet) from commercial structures
when adj acent to residential zoning districts. The applicant is requesting a 30-foot setback in
addition to the required 15-foot setback (for a total of 45 feet) from the commercial structure.
(2) A waiver from Section 78-153 of the LDRs, which requires a 75-foot setback in addition to
the 15-foot rear setback regularly required (for a total of 90 feet) from commercial structures
when adjacent to residential zoning districts. The applicant is requesting a 69-foot rear
setback in addition to the required 15-foot setback (for a total of 84 feet) from the
commercial structure.
(3) A waiver from Section 78-344 of the LDRs, which requires a minimum parking stall width
of 10 feet. The applicant is proposing a minimum parking width of 9 feet for 18 spaces.
(4) A waiver from Section 78-176 of the LDRs, which requires a minimum setback of six-feet
for a wall or opaque visual barrier within a buffer between residential and commercial. The
applicant is requesting a zero foot setback for a six-foot wall, adjacent to residential.
SECTION 5. Construction of the Planned Community District shall be in compliance with the
following plans on file with the City's Growth Management Department:
Date Prepared: October 3, 2002
Page: 4
1. July 31, 2002 Site Plan by Urban Design Studio and Urban Resource Group. One Sheet
2. July 31, 2002 Landscape Plan by Urban Design Studio and Urban Resource Group. One
Sheet.
3. January 31, 2002 Detail Sheet by Urban Design Studio. One sheet.
4. November 26, 2001 Elevations by Theodore E. Davis Architects and Associates. Sheet A-
1.
5
6.
7.
January 30, 2002 Paving, Grading and Drainage Plan by Kimley-Horn and Associates.
Sheet C 1.
January 30, 2002 Utility Plan and Details by Kimley-Horn and Associates. Sheet C2.
July 30, 2002 Photometric Plan by Romcke Coburn Engineering, Co. Sheet SL-1.
SECTION 6. All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 7. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such
holding shall not affect the remainder of the Ordinance.
SECTION 8. This Ordinance shall become effective immediately upon adoption.
PASSED, FIRST READING this 17th day of October , 2002.
PASSED, SECOND READING
PASSED, ADOPTED AND APPROVED
SIGNED:
this day of
2002.
this day of , 2002.
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
PATRICIA SNIDER, CITY CLERK
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
G:/ed/2002/pud0106ord
Date Prepared: October 3, 2002
Page: 5
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE
as to form.
LEONARD RUB1N
CITY ATTORNEY
AYE NAY ABSENT
Date Prepared: October 1, 2002
Page: 6
EXHIBIT A
(see next page attached)
�
\
OVERALL DESCRIPTION: EXHIBIT A
Page 1
Sectione15� Township 42P o th, �R nge 43 tEostt Polm Beach County,
Florida, being more par{iculorly described as follows;
CommeAcing at the Northwest corner of the Southeast quarter of
said Section 5(said corner being in the centerline of
h�ence�run South ggA2 Bop� °East olong the centerline� ofusaid
P.G.A Boulevard and East—West quarter section li�e of said
Section 5, a distance of 119,26 feet to o point being in the
••Northerly extension of the Easterly Right—of—Woy line of
Prosperity Forms Road os now laid out and in use; thence run
South 01' 30' 59" West, a distance of 60.04 feet to a point in
the Easterly Right—of—Way line of soid Prosperity Forms Road;
thence continue South 01' 30' 59" West olong the Easterly
Right—of—Way line of said Prosperity Forms Road, o distance of
307.32 feet to the POINT OF BEGINNING of the hereinafter
described parcel; thence continue South Ot' 30' S9" West a
distance of 197.56 feet to the North line of the South 105.00
feet of the Northwest quarter of the Northwest quarter of the
Southeast quarter of said Section 5; thence South 88 21' 59"
East, along soid North line, a distance of 266.55 feet to a
point; thence South O7' 38' 01" West departing from soid North
line, a distance of 105.03 feet to the South line of the
Northwest quarter of the Northwest quarter of the Southeast
quarter of said Section 5; thence South 88' 21' 59" East, along
said South line, a distance of 186.40 feet to a point; thence
thence �Sout �' 88' 20'e 42" Easta aC dis o ce of 84.00t fe t to�na�
point; thence Norkh 00' 40' 46" Eas{ a distance of 102.27 feet
to the Northeost corner of a plot of survey recorded in Plat
Book 24, Poge g7, public Records of Polm Beoch County, Florida;
thence South 88' 21' S9" East, along the North line of Lots 9
and 10, ond the Westerly prolongation thereof, occording to the
Plat of PIRATES COVE as recorded in Plat Book 25, page � g7
Pubiic Records of Palm Beach County, Florido, a distance of
327.63 feet to the Westerly Right—of—Way line of West Teoch
Road, the Northeast corner of said Lot 9 ond the Southwest
corner of Lot 11, according to said Plat of PIR,4TES COVE; thence
Northeasterly along the arc of a curve concove to the Southeast,
being the Westerly Right—of—Way line of said Teach Road, having
76ra57 S51f East2 th ough ar�ce�ntrae ang aof t25 10'�t21f andt orc
distonce of 88.7Q to the terminus of said curve; thence North
North line of sasd Lot 91 1 o distan ce of I�38.16 rfeet tot a point
80.00 feet Northerly along soid West line from the Southerly
corner of Lot 11; thence North 00' 24' 48" East, along the West
line of Lots 11 through 13, according to soid Plat of PIRATES
COVE, a distance of 306.37 feet to the South line of Lot 14;
thence South 88 27' p6" East along the South line of said Lot
�4, a distance of 112,00 feet to the Westerly Right—of—Wuy �ine
of Kidd Lane, according to said Plat of PIRATES COVE; thence
North 00' 24' 48° Eost, along soid Right—of—Woy Iine, a distance
of 170.00 feet to the South line of soid Lot 16; thence North
88' 2�� 06" West, along soid South line, o distance of 112.00
feet to the Southwest corner of soid Lot 16; thence North 00'
24' 48" East, atong said West line of Lot 16, a distance of
Bou�le ard tos� recor ed thn rRood9 Plot f B ok 5, � Poge � gg Public
Records of Polm Beach County, Florida; thence North 89' S7' 13"
West, along said Right—of—Way Iine, a distance of 423.64 feet to
the beginning of a curve being concove to the North, havin� a
radius of 11,513.16 feet and a central angle of 01' O8' 1g ;
thence Westerly along the arc of said curve, a distance of
228.80 feet to the terminus of said curve; thence deporting
from soid Right—of—Woy line, olong a non—tangent line, South 01'
88� 2�' �S West�o distance �of 1g5.00t feet�to a�nt; thence North
South 01' 30' 59" West a distance of 35.94 feet tooin�t; thence
thence South 04' 38' 46" West a distance of 91,58 feet tot�the
Easterly Right—of—Way line of Prosperity Farms Road and the
POINT OF BEGINNING.
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Date Prepared: October 1, 2002
Page: 7
EXHIBIT B
(see next page attached)
I.EGAL DESCRIPTION: EXHIBIT B
Parce� ,: Page �
Begi� at the Northeast corner of the East 1/2 of the North 1/2
of the Southwest 1/4 of the Northwest 1/4 of the Southeast 1/4
of Section 5, Township 42 South, Range 43 East, according to the
Plat thereof on file in the Office of the Clerk of the Circuit
Court in ond for Palm Beach County, Florida, in Plat Book 24,
Page 87, thence Westwordly olong the Northerly line shown on
said Plat, 84 feet to POINT OF BEGINNING �of tract herein
described, thence continue Westwardly along said northerly line
142.56 feet to a point; thence South 0'41' 15" Eost 102.19 feet t
to a point; thence South 89' 58' 43" East 143.03 feet to a point;
thence North 0' 57' 15° West 102.24 feet to a POINT OF BEGINNING.
Parcel 2:
The North 155.8 feet of the West 92.5 feet of the following
described property:
The East 1/2 of the North 7/2 of the Southwest t/4 of the
Northwest 1/4 of the Southeast 1/4 (less the West 7.5 feet) of
Section 5, Township 42 South, Range 43 East, according to the
Plot thereof os recorded in Plot 600k 24, Poge 87 of the Pubiic
Records of Palm Beach County, Florida; said lands situate, lying
and being in Palm Beach Cou�ty, Florido.
Together with a 26 foot ingress and egress easement along the
Eosterly most edge of the Nortfiern portion of Prosperity Gardens
Office Condominium. A strip of land, 26.0 feet in width, lying
within the Northwest 1/4 of the Northwest 1/4 of the Southeast
1/4 of Section 5, Township 42 South, Range 43 East, Polm Beoch
County, Florida, described as follows:
Commencinq ot the Northwest corner of the East 1/2 of the North
1/2 of the Southwest 1/4 of the Northwest 1/4 of the Southeast
1/4 of Section 5, Township 42 South, Ra�ge 43 East, Palm Beach
County, Florida, as shown on the Plat of Survey of East 1/2 of
North 1/2 of the Southwest 1/4 of the Northwest 1/4 of the
Southeast 7/4 of Section 5, Township 42 South, Range 43 East, as
recorded i� Plat Book 24, Page 87 of the Public Records of Palm
Beach County, Florida; thence South 88' 48' 39" East along the
North line of said Plat of survey, a distance of 29.25 feet to
the POINT OF BEGINNING; thence continue South 88' 48' 39" East
along said North line, o distance of 26.0 feet; thence North 01'
11' 21" East along o line perpendicular to said North line, o
distance of 705.0 feet; thence North 88' 48' 39" West olong a
line 105.0 feet North of and parallel with said North line, a
distance of 26.0 feet; thence South 01' 11' 21" West, a distance
of 105.0 feet to the POINT OF BEGINNING.
FLOOD ZONE:
This property is located in Flood Zone B, according to F.I.R.M.
(Flood Insurance Rate Map) No. 120192 0130 B, dated October 15,
1982.
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PROSPERITY CENTRE PLANNED UNIT DEVELOPMENT AMENDMENT
AERIAL MAP: EXISTING CONDITIONS AND SURROUNDING LAND USE
Code Comparison Table: Prosperity Centre PUD Amendment
SITE ANALYSIS:
PROSPERITY CENTRE PUD AMENDMENT
Zoning: PUD/CG-1 Required Proposed Compliance Waiver
Re uested
Permitted Use General Commercial Retail/Restaurant Yes
Minimum Site Area 1 acre 11,400 sf yes
Minimum Building None None N/A
Site Area
Minimum Lot 100 feet 620 feet Yes
Width
Maximum Lot 35% 25.1% Yes
Coverage
Maximum 36 feet 45 feet (tower) Yes — per
Building Height existing
PUD
Setbacks
Rear 90 feet — adjacent to 84 feet No Yes
residential
Side 90 feet - adjacent to 45 feet No Yes
residential
15 feet — adj acent to 100 feet Yes
non-residential
Front 50 feet
Parkin
Number Required 1 space per 200 or Shared parking study per Yes —
653 Section 78-346: 574 condition
-ally
Stall widths 10 feet 9 feet No Yes
Fences and Walls Required 6' wall On property line No Yes
between residential
and non-residential
setback 6 feet from
property line
June 19, 2002
Mr. Ed Tombari, AICP
Senior Planner
/
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C+ty of P.a. Gardens
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mArincFr,�;.raT
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Growth Management Department `�L,r��rT�; p;
City of Palm Beach Gardens � ,�� .�
10500 N. Military Trail
Palm Beach Gardens, FL 33401
RE: RESPONSE TO PLANNING AND ZONING
COMMISSION AND CITY STAFF COMMENTS
,
1
/
ban
�ican
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
REGARDING THE PROSPERITY CENTER PUD AMENDMENT
UDS REF.: #00-008.00
PBG REF.: PUD -01-06
Dear Ed:
In response to the Planning and Zoning Commission's comments from its July 11, 2002 meeting
and City staff comments, we offer the following responses:
• The building elevations have been revised to internalize the drainspouts.
• An alternative landscape plan has been provided indicating the new perimeter wall
located 6 feet off the property line with landscaping on the outside of the property line.
We are now in the process of polling the adjacent property owners to determine their
wishes with regards to the location of the wall and landscaping. We will have this
determination by the Planning and Zoning Commission Public Hearing.
• The Waiver Justification statement (attached) has been revised to include the calculations
which show the additional open space provided as a result of the provision of 9-foot wide
parking spaces within the new area on the site. This is consistent with Section 78-344
(1)(2) of the City Code.
• The site plan has been revised to indicate the outline of adjacent homes to the south of the
subject property.
• The landscape plan and the new alternate landscape plan have been revised to add the
following note: "All existing and proposed landscaping shall be field adjusted to the
satisfaction of the City Engineer to avoid conflicts between landscaping and swale
drainage."
• Attached is a census of the current total number of employees and number of employees
at a given time within the shopping center. There is a total of 240 employees within the
center and 101 employees at any given time. There is 163 parking spaces at the rear and
east side of the center.
• The photometric plan is being prepared and will be submitted
by early next week. The plan will meet all code requirements
and the lights will be shielded away from the neighboring
properties.
2000 Palm Beach �akes Boulevard
Suite 600 The Concourse
West Palm Beach, Florida 33409
561.689.0066 561.689.0551 fax
Irvine, CA 714.489.8131
Attached for your review and information are:
• Revised Site Plan
• Revised Landscape Plan
• Alternate Landscape Plan
• Revised Building Elevation
• Revised Waiver Justification
• Prosperity Center Shopping Center Employee Census.
We would like to be scheduled for a Public Hearing as soon as possible. Please contact me
should you have any questions.
Sincerely,
Urban Design Studio
� i�
Marty R.A. Minor, AICP
Project Planner
Doron Valero
Hank Schnitzer
Charles DeSanti
Hank Skokowski
Waiver and Justification Statement
for
Prosperity Centre PUD Amendment
November 7, 2001
The following is the justification for requested waivers for the
Prosperity Centre PUD
Waivers
ban
�ic�n
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
1. Rear and Side Setback - Waiver requested to allow for a 84 foot rear setback and 45
foot side setback. Section 78-153 of the City Code calls for a 90 foot rear and side
setback for buildings within a nonresidential zoning district when it abuts a residential
zoning district. The Prosperity Centre PUD abuts a neighborhood to the south which is
located within unincorporated Palm Beach County and has a residential zoning
designation. We are proposing a minimum building setback, from the southeast corner of
the requested new addition, is located 84 feet to the rear and 45 feet to the side from the
adjacent southern properly line. We are also providing a 6-foot wall and landscaping
along the property line to provide additional screening. We are also preserving four oak
trees and two banyan trees on the site. We will also be relocating 9large oak trees from
the current southern property line to the new southern property line. We believe the
considerable tree preservation and relocation, in addition to the 6-foot wall, will provide
an extensive screening and buffer for the proposed use.
2. Parking Space Width - Waiver requested to allow for 9-foot wide parking spaces.
Section 78-344(1) of the City Code requires 10 foot wide parking spaces. The original
Prosperity Centre PUD allowed for 10-foot and 9-foot wide parking spaces within the
shopping center. With this request, we are seeking 18 new 9-foot wide parking spaces.
The new parking spaces will be used by employees of the shopping center and there will
not be a large turnover of parking as would be expected with spaces accessed by
customers to the center. In addition, the reduction in the parking spaces allows for
additional greenspace within the proposed addition to the site. '
According to City Code, requests for reduction of parking space dimensions shall comply
with the following standards:
• Additional open space, at a ratio of 1.5 square feet for each square foot of paved
parking area that is reduced through the use of smaller parking spaces shall be
provided. The additional pervious open space shall be provided as additional
landscaping, pedestrian amenities, or vegetative preserve areas, and shall be
calculated and identified on the project site plan.
• The additional open space and landscaping or related
amenities required in this subsection shall be installed
within the paved portions of the parking area.
2000 Palm Beach Lakes Boulevard
Suite 600 The Concourse
West Palm Beach, Florida 33409
561.689.0066 561.689.0551 fax
Irvine, CA 714.489.8131
The following are the calculations indicating additional open space area provided through
the reduction of the multi-family parking spaces.
31 parking spaces in the new area x 18.5 square feet (reduction of paved area per parking
space) = 573.5 square feet
573.5 square feet of total reduced paved area x 1.5 code required ratio = 860.25 square
feet or 0.019 acres of required additional open space.
The project site plan incorporates the 0.019 acres of required additional open space by
providing 20,037.6 square feet or 0.46 acres of total open space (46%) within the new
section of the site. Code requires 15% open space or 0.15 acres (6,534 s.f.) within the
new area of the site. The site has 13,503.6 s.f. or 0.31 acres of additional open space
within the new section of the site. The additional 0.019 acres of open space required for
the reduction of the parking space dimension is located within the new area of the site.
3. Location of perimeter wall - Waiver requested to allow for perimeter wall to be
located on property line. Section 78-186 calls for a perimeter wall, to be located a
minimum of five feet off of the property line, to separate nonresidential and residential
properties. With this request, we are requesting that the proposed 6-foot high wall be
located on the property line in order to match the existing southern perimeter wall, which
was approved as part of the original Prosperity Centre PUD.
_ I
JUN-19-2002 01:39PM FROM-EQUITY REALITY � MGM7 15616253522 T-102 P.00�/002 F-457 II;
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Prosperity Shopping Center Census
Jun-17-02
Store Name Total Employee Working
Employee at Any Given Time
Bames & Noble 20 �/5
Bed Bath & Beyond 35 � 20
Carmines 40 20
Mane Place �8 6
pffice Depot 35 10/12
Silk Garden 2 1
T. J. Max 60 20
Texarado Restaurant �40 15/17
Total 240 10'I
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FILE !Jo.152 05i07 '02 15�2� ID�BFI
MEMORAND�JM
Tp: Cbarlos Wu, AICP
Tal�t fieoothman, AYCp
�d Tombari, AICP
FROM:
AATE:
Marty R.A. Minar� AICP
May 7, 2QQ2
FAX:56� '
�: COST �STIMAT�S FOR
TURN LANE ALTERNATIV�S FOR
PROSP�RITY C�NT�R PUD AMENDMENT
1146
L��
PAGE li 7
Urba� psalon
Urban Plannin�
�and Planning
I.andscape Architecture
communicatlon Oraphics
Pursuant to the City request, we have analyzed the costs and constructian required to install a
turn lat�e along PGA 8outevatd into the Prosperity Center Planned ilnit Qevelopment.
Previously, we provided cost estimates for Option #1, which is the provision af a rigl�t-turn lane
on PGA Houlevard into ihe western entrance inta the Prosperit� Center shopping centar. It was
estimated that the turn lane and aeeompanying improvements would cost the applicant $278,930.
A copy of this cast estimate is attached for your convenience.
Also, at the City's request, we also analyzed City Engineer Aan Clatk's suggestian far a right-
turn lane on PGA saulevard for the eastern entrance inta the Prosperity Center shapping canter.
In addition, the wesc�m entrance would be converted to an exit-only facility, The coat estimate
for this amendment is $113,312.50,
'W'ith the attachcd artalyses for your review, we requeated to be placed on the next available
Plannins and Zoning Commission meeting for the discuseion of the turn lane issue.
c: Yiank Schnitzer
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2op0 Palm Beach Lakes Boulevard
Suite 600 Tha Concou�e
West P81m �aaah, Plo�ida 33409
b81.889.0086 861,898.4561 fax
Irvine, CA 714.4d9.8131
FILE ;'0.152 05i07 '02 15�?F iD:BFI
FAX�561 '� 1146 PAGE 2� 7
Prosperity Center
OPTYUN i�l - TURN iANE AT W�STERN �NTRANCE
Es� jmated Cog,�s
� Barthwa�k
■ mobilizatian $ 7,540
■ aite prep,, clesring & grubbing
(exist. pavement only) $ 3,SOQ
� const. debris removal (pavoment,
curbing only @ 1 S tons/lasd) $ 11,060
� turbidity barricrs $ 3,000
■ M.O.T. $ 5,000
• constructian water (dust control) $ 2,500
• I]amolition
11 cucb — 4307 C,F $ B4O00
• drainagc structure $ 2,000
■ storm sewer $ 900
■ Starm Orainage
� 2a" RCP $ 4,500
■ 5'x5' iype J w/USF
412U-62�}0 F&G $ 21,000
■ Electric/l,ighting $ 25,000
� Paving & Parking
� heavy duty asphalt (inc. base)
turn lane $ S,60Q
■ regular base asphalt (inc. base) $ 16,800
� I" asphalt overlay $ 45,32d
■ type � curb & gutter (FqOT
Indax 300) $ 3,850
■ typa D curb 8c gutter (FDOT
tndex 300) $ 27,900
■ Tree Relocation $ 20,000
• [.andscaping/ltrigatian $ 30,000
� En�ineering p�sign/Permitting Fee $ 12,Q04
■ Surveying $ 3,500
■ l.ltility/prainage Adjustments 20 0
TOTAL S 278,930
a;�COAAMONUobe�Pia�peri�y CentetlEelima�eACasts.o4oe02.wp4
C.CC35
ri�t No.1�� UbiU�/ 'U� 1�:26 ID�BFI
■
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■
■
FAX�561 ', 1146 PAGE 4� 7
Prosperity Center
OPTION #2 - TURN LANE AT EAST�RN �NTRAN'CE
s
�arthwork
■ mobilizatian $ 7,500
■ site prep,, cloaring & grubbing
(exist, pavement oniY) $ 2,317.50
■ cnnst. debris remaval (pavement,
curbing only @ 15 tons/load) $ 10,665
■ turbidity baaiars $ 3,000
� M.O.T. $ 5,000
■ constructian water (dust controi) $ 2,S00
Demolition
� curb — 1317 [,F $ 2,500
Storn� prainage $ 3,500
Electric/Lighting $ 12,000
Aaving � parking
� heavy dury asphalt (inc. base)
tum lane � 2�gpp
■ regular basa asphalt (inc. base) $ 1,860
� 1 " asphalt ovarlay $ 8,250
N type F curb � gutter (FDOT
tndex 300) $ 2,750
■ type p curb &. gutter (FDOT
Index 300) g � p� � �p
Tree Ralocation $ 10,000
Gandscaping/Irrigation $ 12,000
Enginoering pesign/Aermitti�g �ae $ 8,000
Surveying $ 3,500
Utility/Arainage Adjustments 000
TOTAI. � 113.3�2.SQ
G:�COMMONVops�Prosperity Cenref�ytima�o4Co�1a2.050702.wpQ
I.CG3 S
IN�.
CONSULTING CIVIL ENGINEERS,
SURVEYORS & MAPPERS
CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRr3NSPORTATION
SURVEY & MAPPING
GIS
"Paxtners For Results
Value By Design"
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AU� 2� 2��2
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3550 S.V�:'�'�ioiate Pkwy.
Palm City, FL 34990
(561) 286-3883
Fax (561) 286-3925
www.lbfh.com
TO:
FROM:
MEMORANDUM
Ed Tombari, AICP
Sean C. Donahue, P.E ��
DATE: August 22, 2002
FILE NO. O1-4216
SUBJECT: Prosperity Center — TJ Maxx Expansion
We have reviewed the plans and information received on August 5, 2002:
• Comment responses prepared by Urban Design Studio
• Site Plan prepared by Urban Design Studio
• Landscape Plan prepared by Urban Design Studio
• Architectural Elevations prepared by Theodore E. Davis Architects and
Associates
• Site Lighting Plan prepared by Romke Coburn Engineering, Co. received
August 6, 2002.
We have the following comments:
1. Not Satisfied. The City's traffic consultant has reviewed the responses to their
comments prepared by Kimley-Horn & Urban Design Studio. The
memorandum prepared by the City's traffic consultant was transmitted along
with our July 10, 2002 memorandum. The following is a summary of MTP
Group's comments:
• Based on Palm Beach County's turn lane requirement criteria, turn lanes are
required at the north driveway on Prosperity Farms Road and west driveway
on PGA Boulevard. Due to the lower volume northbound of traffic on
Prosperity Farms Road and the proximity to the intersection, we are less
concerned with the turn lane requirement on Prosperity Fanns Road.
However, the turning movements into the PGA Boulevard driveway are
double the Palm Beach County requirements. Therefore, to ensure the
vehicular and pedestrian safety while entering the site from the City's
main arterial roadway (PGA Boulevard), we stronQlv support the
requirement of the PGA Boulevard turn lane. The applicant has the option
of restructuring the entrances from PGA Boulevard to provide the
appropriate turn lane geometry while still maintaining adequate access to
the establishments within the Center.
• The intersection of PGA Boulevard and Prosperity Farms Road is currently
and will continue to operate at a level of service below the Palm Beach
County requirements. However, the TJ Maxx expansion has a minimal
impact in this intersection.
• There are discrepancies between the Traffic Impact Analysis and the Shared
Parking Analysis provided by the applicant. In order for the City to be able
to track the parking requirements of this project, the City's traffic consultant
suggests, and we concur with, the following condition of approval: "No
Prosperity Center — TJ Max Expansion Page 2 of 2
LBFH File No. 01-4216
INC.
more than 118,500 square feet of commercial/retail uses and 12,100 square
feet of restaurant uses shall be permitted in this development. Any trade-off
between commercial/retail uses and restaurant uses shall include a shared
parking analysis showing available parking meets the required parking
demand. "
2. Previously Satisfied.
3. Previously Satisfied.
4. Previously Satisfied.
5. Satisfied. The applicant has provided a signed and sealed Site Lighting Plan
meeting the requirements of LDR Section 78-182.
6. Satisfied. The Landscape Plan has been revised to show the proposed swales
on the previously submitted Paving, Grading, and Drainage Plans. The
applicant has also added to the plans the following note, "All existing and
proposed landscaping shall be field adjusted to the satisfaction of the City
engineer to avoid conflicts between landscaping and swale drainage."
• Comments 7 through 20 have been previously satisfied or withdrawn.
The applicant is requested to return a copy of our comments with the
applicant's acknowledgement of each comment and the response.
Compliance will expedite the subsequent review.
SCD/rmg
cc: Talal Benothman
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council
APPROVED: Ronald M. Ferris, City Manager
DATE: October 2, 2002
FROM: Sheryl L. Stewart, Assistant to the City Manager
SUBJECT: Legal Services Analysis
Back�round and Introduction
As directed by City Council at the meeting on September 18, 2002, staff has gone
forward with further analysis of the issues and costs of implementing an in-house legal
department as opposed to the current contractual arrangement. This has been done in a
manner consistent with how we have analyzed other areas of City service delivery, which
have been brought forth for Council consideration during the annual budget process. �
loolcin� at current and future operational and administrative chan�es that could be made,
staff's �oal continues to be to reduce cost as well as increase accountabilitv and
efficiencv in service deliverv. The benefits of bringing legal services in-house will reveal
financial and functional savings over time, most significantly in light of current and
future City growth and development.
Analvsis and Discussion
This report has been organized into three areas:
I.
II.
III
Financial — costs and comparison of contractual and in-house legal services
Administrative — advantages/disadvantages of in-house legal services as
compared to the current contractual arrangement
Operational — proposed transition plan including logistics and timeline
The initial cost savin�s that would result from havin� an in-house le�al department
is estimated at $32,000 includin� salaries, benefits, and start up costs for FY 2003,
and $91,000 for FY 2004. However, additional potential cost savin�s and increased
level of service mav be revealed as staff ineasures productivitv.
(1)
L FINANCIAL ANALYSIS
SEE ATTACHMENT "A" on following pages 3 through 10.
As part of our review, staff analyzed the past two years' legal invoices for FY 2001 and
FY 2002 to date. Our analysis indicates that we have spent approximately $98,000 in FY
2001 and $144,000 in FY 2002 for Special Legal Services outside of the General Legal
Services covered by the retainer (at a rate of $15,400 per month). Total billable hours for
FY 2001 was 610, while FY 2002 was 876. This equates to an average hourly cost for
billable items in FY 2001 and FY 2002 of $161 and $164, respectively.
The analysis also reveals that the average monthly billable hours for both years were only
67 hours inclusive of attorney and paralegal services. This amount includes only time
spent on Special Legal Services, and excludes time spent on General Legal Services
covered by the retainer. We were unable to determine the avera�e hours spent on
General Le�al Services because there is no accountin� of this time on the monthlv
invoices. However, assuming that monthly time spent on General Legal Services does
not exceed the monthly retainer of $15,400, this would equate to an average of 123 hours
at the negotiated hourly retainer rate of $125. With an in-house staff of one attorney and
one paralegal (or legal assistant), at an average of 40 hours per weelc, this equates to a
monthly total of 347 hours of in-house time, (2 employees � 2,080 hours per year/12
months). Assuming in-house staff spent the same average of 67 hours a month on
Special Legal Services, plus the estimated time of 123 hours for General Legal Services,
this would leave 157 hours a
350
300
250
200
150
100
50
Hours
■ In-house
Available Hours
■Current
Contractual
Billable Hours
month (3471ess 190) available
for other matters. This
analysis is illustrated in the
chart to the left.
Items included under General Legal Services are described in the Administrative
Analysis section of this report on pages 12 and 13.
�2)
• •
An 1 L r 1
a ys s o ega e vi ces
In-hous e V s. C ontractual
Advanta es/Disadvanta es of
g g
In-house Le al Staff
g
Advantages Disadvantages
Cost savings Technical Expertise — firm has more
resources
Increased accountability Continuity — loss of history with new
attorney
Increased daily supervision of legal function Availability — need backup when attorney is
away
Increased accessibility — department would Independence — being in —house may
be on site, readily available diminish objectivity
Provide more legal oversight for daily
administrative and operational issues
De-politicizes the function
Savings in time — quicker, more accessible
on site, increased productivity
Increased knowledge and understanding of
daily operations
Less reactive and more proactive in services
and efforts to prevent lawsuits
• • •
om arl s on o t er ltl e s
p
City Method Budget Personnel
Total� Outside
Legal
Boca Raton In-house $683,000 $100,000 3 Attys, 3 Staff
Wellington In-house 399,000 120,000 2 Attys (1 P/T), 1
Staff
Delray Beach In-house 664,020 93,050 3 Attys, 3 Staff
Stuart In-house 223,000 30,000 1 Atty, 1 Staff
Jupiter Contract 291,000 145,500 N/A
Palm Beach Contract 425,000 90,000 N/A
Gardens
�Includes Outside Legal
•
Estlmate osts FY 2003
Personnel Annual Total FY 2003 (9 mos) Totals
Salary-Attorney $96,000 $72,000
Salary-Legal Asst 45,000 33,750
Benefits 29,185
Total Personnel $134,935
Operating 22,400 20,050
Outside Legal 110,000 110,000
W&H 120,000 120,000 250,050
Capital 7,600 7,600 7,600
Total Costs $392,585
Current Budget 425,000
Savings � 32,415
•
Estlmate osts FY 2004
Personnel Annual Total Totals
Salary-Attorney $105,600
Salary-Legal Asst 49,500
Benefits 42,897
Total Personnel $197,997
Operating 23,072
Outside Legal 112,700
Capital 0
Total Costs $333,769
Current Budget 425,000
Savings � 91,231
•
ummar o t er utsl e Le a
Y g
�loo,000
$95,000
$90,000
$85,000
$80,000
$75,000
ri L T Y r
e vi ces ast wo ea s
t er
an
a or
� .-- _
FY 2001 FY 2002
❑ Ex: Ruden, McClosky; August & Kulunas; Dennis Levine
Le a osts B ate or
g Y g Y
�igo,000
$160,000
$140,000
$120,000
$100,000
$80,000
$60,000
$40,000
$20,000
�-
Last Two Fiscal Years
FY 2001 FY 2002
■ Retainer
■ Special Services
• •
ummary o pecla ervlces
Last Two Years t er T an
$45,000
$40,000
$35,000
$30,000
$25,000
$20,000
$15,000
$10,000
$5,000
i�
D ev e o m ent Revl ew
p
Fiscal Years 2001 and 2002
❑ Miscellaneous
■ Municipal Complex
■ Vavrus
■ Burns Road
■ Tanglewood
❑ Kyoto Dr. R/R Appeal
■ Dr. Burke
■ Niversal Housing
•
A r M n B1 H r
veae ot ae ous
g Y
40
35
30
25
20
15
10
5
0
. .
ecla Le a ervlces
p g
Average Monthly Billable Hours For Both Yrs. is 67
FY 2001 FY 2002
■ Atty > 10 yrs
❑ Atty > 5 yrs
❑ Atty < 5 yrs
■ Paralegal
A r H r
ve a e ou ost
g Y
.
pecla ervlces
Fiscal Total Total Average Hourly
Year Special Billable Billable Cost
Services Hours
2001 $98,172 610 $161
2002 $143,503 876 $164
•
Estlmate Mont Hours
Y
. .
enera ecla Le a ervlces
p g
General Services
.
.
.
Monthly retainer
Negotiated retainer rate
Estimated monthly General
Legal Service hours
Special Services
Total
� 15,400
�125
123
67
i'I
• •
In- A 1 Tim
ouse va a e ta e
• One attorney and one paralegal at
2,080 annual hours each divided by 12
months = 347 available staff hou�s
pe� month
350
300
250
200
150
100
50
0
om arl s on o In- ous e
p
. .
A 1 Tlm rr n
va a e e vs. u e t
.
B 1 a e Hours
Hours
■ In-house Available
Hours
❑ Estimated Current
Contractual Billable
Hours
IL ADMINISTRATIVE ANALYSIS
Department heads recently engaged in a discussion regarding the advantages and
disadvantages of implementing an in-house legal department, as compared to the current
contractual arran ement. 1he tollowin chart retlects the com arison.
ADVANTAGES DISADVANTAGES
✓ Cost savings. ✓ Technical expertise — outside firm has
many attorneys, access to more
resources.
✓ Increased accountability. ✓ Continuity — loss of history with new
attorne .
✓ Increased daily supervision of legal ✓ Availability — will need back up when
function. attorne is awa .
✓ Increased accessibility — department ✓ Independence — being in-house may
would be on site, readil available. diminish ob'ectivit in worlc.
✓ Provide more legal oversight for daily
administrative and o erational issues.
✓ De- oliticizes the function.
✓ Savings in time — quicker, more
accessible on site, increased roductivit .
✓ Increased lcnowledge and understanding
of dail o erations.
✓ Less reactive and more proactive in
services and efforts to revent lawsuits.
Listed below are some of the types of functions staff identified for an in-house attorney,
which are included in the current contract under General Le�al Services:
■ Review and revise or redraft all proposed contracts, agreements, Resolutions,
Ordinances or other documents or matters as to form and legal sufficiency
submitted for consideration, recommendation to or approval by City Council,
Planning and Zoning Commission, Code Enforcement, or any other board or
committee. This would include reviewin� items prepared bv staff.
■ Perform legal research and provide legal opinions.
■ Coordinate with outside attorneys or special counsel and review their billings.
■ Assist with legal issues related to the daily operations of City departments.
■ Assist with policy and procedure development and implementation, including
programs such as, for example, personnel and purchasing.
■ Provide guidance and oversight with the RFP process, pension prograin, insurance
programs, and other programs related to City boards, committees and taslc forces.
■ Assist with all City development, planning, land use, zoning and code issues.
■ Assist with public records requests and management.
■ Represent the City in pre-litigation stages of cases.
■ Perform other duties as required by state law, City Charter or Ordinance.
(11)
Alsq as provided under General Legal Services of the current contract, the in-house
attorney would be required to attend all regular, special and workshops meetings of:
■ City Council
■ Planning and Zoning Commission
■ Code Enforcement Special Master
■ Meetings with staff or departments
■ Intergoverrunental meetings (as needed)
■ Other City advisory board, committee or taslc force meetings (as needed)
Listed below are some of additional types of functions staff identified for an in-house
attorney, which are included in the current contract under Special Le�al Services:
■ Review for legal form and sufficiency all petitions submitted to the Growth
Management Department for development orders, variances, exceptions,
amendments or modifications to same.
■ Write original ordinances, resolutions, contracts or agreements. Currentiv, for
exainple, Plannin� and Zonin� staff write a�proximatelv 50 — 60 ordinances a
vear.
■ Provide legal advice and guidance on all special projects and major issues outside
of the daily operations of the City, and assist with negotiating agreements.
■ Prosecute and defend all legal or administrative law actions where the City is a
Party.
■ Attend and provide legal advice and representation in matters and cases involving
the forfeiture, purchase or sale of any real or personal property.
During the discussion with department heads, it was noted that the level of legal services
provided by an in-house attorney are lilcely to increase as staff's access to these services
increases, and as City operations continue to grow with the community. Having the
attorney report to the City Manager would require a change in the City Charter.
The following outside legal services would continue with the in-house attorney, and
would not change from the current contractual arrangement:
■ Labor attorney (fees budgeted at $75,000 within Human Resources)
■ Attorneys selected and retained by the City's insurance carrier
■ Environmental attorney
When the in-house attorney is unavailable (i.e., vacation, sick, seminars), staff
recommended malcing arrangements with a firm or an attorney from a neighboring local
government for bacic up services. He/she would be responsible for providing a
contingency plan for such instances.
Overall, staff found that the advanta�es of an in-house attornev outwei�h the
disadvanta�es, especiallv in re�ards to providin� more access to and accountabilitv
for le�al services and expenses.
(12)
IIL OPERATIONAL — PROPOSED TRANSITION PLAN
Staff has drafted the following action plan for the transition from contractual to in-house
legal services, for implementation pending City Council direction. The plan includes a
120 days notice to the City's current firm that would be required. Alsq to prepare for the
creation of a new legal department, staff has begun to obtain job descriptions and salary
information for City Attorney and Legal Assistant positions from several local
municipalities.
The dates and taslcs reflected below may change once the proposed new attorney is hired
and assists with determining what is needed.
TASK TIMELINE
Provide 120 da s written notice to current firm. 10/18/02
Logistics - Set up office space, including computer, furnishings, 10/21/02 — 12/23/02
su lies, etc.
Complete job description and open the recruitment process for in- 10/18/02
house attorne .
Com lete recruitment/selection rocess for in-house attorne 1/15/03 (hire)
lin lement recruitment/selection rocess for le al assistant 2/28/03 (hire)
Transition worlc with current firm — review history, pending 1/15/03 — 2/21/03
liti ation, files, etc.
Contract with current firm ends. 2/21/03
(13)
Conclusion
Staff will continue to loolc at how to improve efficiency and effectiveness in operations
and administration for the upcoming year and future years. This is a continuous process
that will evolve and change with the needs of the organization and priorities of the
Council. This analysis is another step of that process, to find financial savings by loolcing
at changing our method of service delivery, increasing direct lines of accountability, and
improving the manner in which we manage our resources. Staff has applied the same
approach to analyzing how we deliver legal services. Based upon this information, staff
recommends implementing the plan to move legal services in-house.
(14)
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Ordinance 37, 2002
Subiect/Aeenda Item:
Ordinance 37, 2002: Oakbrook Square Shopping Center PUD Amendment
Item for Discussion: Mr. Bruce A. Arthur, of William Hamilton Arthur Architects, Inc., agent for
Doron Valero and Equity One Realty & Management, Inc., is requesting an amendment to a
Planned Unit Development (PUD) for renovation of the 20.8-acre Oakbrook Square Shopping
Center site. The proposed changes include demolishing an existing 10,008 square-foot retail
building, creating a new 35-car parking pocket, partially opening an existing courtyard, and
adding a new 6,000 square-foot retail building alongside U.S. Highway One, resulting in a 4,008
square-foot reduction to the overall square footage of the shopping center. The site is located at
the northeast corner of PGA Boulevard and U.S. Highway One.
[ X] Recommendation to APPROVE with conditions
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: NA Council Action:
Growth Management: [ ] Approved
Principal Planner
Talal Benothman p Costs: $
Project Total [] App. w/ conditions
City Attorney Manager
Leonard Rubi , Jackie Holl an
$ [ ] Denied
Development ,L! Planner Current FY
Compliance1� [ ] Continued to:
Bahareh Keshavarz-Wolfs, Funding Source:
AICP
Submitted by: [ ] Operating Attachments:
Advertised: X Other NA
Growth Man � � � • Tables 1& 2
Administrat Date: • Ordinance 37, 2002
Paper: Palm Beach Post • Qrdinance 47, 1994
Charles K. Wu, AICP Budget Acct.#:
[ X] Required at 2"d NA • Applicant's Letters (2)
ding, Public • DRC Comments
Approved b. Hearing • Traffic Statement
City Man er • Location Map
Affected parties: • Excerpt U.S. One
Ronald M. Ferri [ X] Notified Corridor Overlay Study
[ ] Not Required • Reduced Plans,
Renderings
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Ordinance 37,2002
BACKGROUND
Oakbrook Square is an existing 20.8-acre shopping center that received site plan approval in
1973. The shopping center has been renovated several times including the addition of a second
floor to Jacobson's department store in 1987 and a 10,987 square-foot expansion to the Publix
grocery store in 1999. In recent years, several other changes have been made to the center that
included renovating the interior courtyard, refurbishing the fa�ade, constructing a porte cochere,
landscaping and parking lot improvements, and new corner signage. Outdoor seating was
approved previously at Roly's restaurant with Resolution 66, 1999. The site includes a free-
standing bank at the northwest corner along U.S. Highway One.
CONCURRENCY
The PUD was approved in 1973 and prior to the inception of the concurrency requirement.
However, because the total square footage of the shopping center will be reduced by 4,008
square feet of retail space, the proposed site will generate fewer trips than the existing site.
Should the applicant desire to increase the square footage of the shopping center in the future, a
new application for traffic concurrency would have to be submitted and approved. Accordingly,
staff requests the City Council to direct staff to remove the trips resulting from this reduction off
of all affected roadway segments.
LAND USE & ZONING
The project is located within the PGA Boulevard Corridor Overlay District and the Northern
Palm Beach County U.S. One Corridor. In conjunction with the Publix expansion, the shopping
plaza was rezoned from CG-1 - General Commercial to a Planned Unit Development (PUD)
Overlay with an underlying zoning of CG-1 - General Commercial through the adoption of
Ordinance 47, 1999, with conditions and waivers. The site has a future land-use designation of
Commercial (C).
Please see attached Table 1 for details of the surrounding properties.
PROJECT DETAILS
Buildin��Site
The applicant plans to demolish an existing 10,008 square-foot retail building on the southwest
side of the existing courtyard north of Duffy's, thereby opening the courtyard to a new 35-car
parking pocket. A three-foot wall will be added between the outdoor cafe area and the sidewalk.
Access to the site will continue to be from the two existing entrances off of U.S. Highway One
on the west and PGA Boulevard (State Road 703) on the south. The gross floor area of the
project is as follows:
2
Existing Retail
Existing Bank Outparcel
Proposed Outparcel Building
Less Retail Demolition
Total Proposed Gross Floor Area
New Retail Buildin�
230,497.0 s.f.
3,531.0 s.f.
6,000.0 s.f.
-10,008.0 s.f.
230,020.0 s.f.
Date Prepa�ed: October 4, 2002
Meeting Date: October 17, 2002
Ordinance 37, 2002
The applicant is proposing a new 6,000 square-foot outparcel retail building facing U.S.
Highway One that will feature drive-through and by-pass lanes on the north side of the building.
Immediately to the north of the new retail center, a new brick-paved pedestrian path will extend
from U.S. Highway One east across the existing parking lot to the existing retail building. There
will be one row of 90-degree parking on the west side of the new building. A code compliant
loading zone will be provided at the rear of the building, along with an enclosed, screened
dumpster area.
The City's Comprehensive Plan encourages development along U.S. Highway One that
conforms with the Northern Palm Beach County "Seven Cities Plan," which advocates, in part,
positioning buildings closer to the street with fa�ades, doors, and windows facing the street. The
applicant believes the proposed plan conforms with the intent of the "Seven Cities Plan" for U.S.
Highway One in Northern Palm Beach County (copy of excerpt attached).
Although the new retail center is not positioned directly on the street as suggested by the "Seven
Cities Plan," staff believes the proposed building and additional landscaping will provide an
aesthetically pleasing buffer within the parking lot.
Architecture
New storefronts are proposed for the existing west elevation and will feature entry doors,
windows, and burgundy awnings above each door and window opening. The existing south
elevation of the main retail area facing Duffy's will be modified according to the overall
courtyard west elevation and will feature a new tower element with barrel tile roof on the west
side in front of an existing optical shop. The Duffy's north elevation will remain the same,
except for the removal of a large awning. With this application, no exterior architectural
changes are being proposed for the north anchor tenant building (formerly Jacobson's).
The proposed 100' x 60' retail building will feature decorative towers at the north and south ends
and will have an authentic barrel mission tile roof. The north elevation will feature a drive-
through window with an awning; and the south elevation will be similar to the north elevation,
with the exception of the drive-through window. Instead of a drive-through window, there will
3
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Ordinance 37, 2002
be three windows with built-up stucco finish bands above the windows. The west elevation will
feature the main entries to the tenant bays and will have pre-cast columns to match the existing
columns surrounding the existing courtyard of the main retail area. The east elevation facing the
existing shopping center will have a matching centered tower, entrances for employees, awnings
above the doors, and decorative light fixtures beside each doorway.
Exterior Building Colors
The new retail center will feature an authentic barrel mission roof tile. The fa�ade color scheme
will be earth tones with the main walls to be sand finish stucco painted Sherwin-Williams
Nantucket Dune SW 2006. Highlights, banding, and cornices will be coarse-finish stucco,
colored Sherwin Williams Mustard Field SW 2341. Plinths will be sand-finish stucco colored
Sherwin Williams Maison Blanche SW 2067. Burgundy awnings will be used for selected doors
and window openings in the existing and proposed elevations.
It shall be a condition of approval that the color scheme proposed for the new retail center will be
extended throughout the existing retail area, including the major anchor tenant building
(formerly Jacobson's) on the north end.
Sinae
The applicant is seeking approval for the location of wall signage for the west elevation of the
new retail center facing U.S. Highway One, as well as the west elevation of the existing fa�ade,
in backlit red channel letters, as allowed by Section 78-285 of the Land Development
Regulations. One sign per tenant space or bay is permitted. The applicant shall be required to
submit at a later date a separate application for a tenant master signage program for proposed and
existing buildings, which shall require approval by City Council.
Landscapin,�/Bu ering
In order to lessen the non-conformities of the existing landscaping, the applicant is proposing to
install new code compliant landscape islands throughout the parking lots with the exception of
the existing Publix parking area and the rear (east side) of the shopping center. The applicant is
also increasing the width of the west buffer for a distance of 285 linear feet along U.S. Highway
One from the previously approved five-foot width to a width that ranges from 12 feet to 30 feet.
The courtyard will be maintained as it exists, but will receive additional landscape
enhancements. The six landscape planters alongside Duffy's north wall will remain.
Median Landscaping
Landscaping within U.S. Highway One already exists on the north median, which is maintained
by the property owner. The City Forester is requesting that the same landscape theme, irrigation
4
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Ordinance 37,2002
system, and maintenance be provided within the south median, and this will be a condition of
approval.
Art in Public Places
The applicant is proposing to use three existing works of art within the courtyard as this project's
contribution to the Art in Public Places program. The Art in Public Places Committee will be
making a determination in the near future whether this is acceptable or if the applicant shall be
required to make additional contributions.
DrainaQe
A conceptual paving, drainage and grading plan has been submitted by the engineer of record
that indicates the site will drain toward the buildings to the east away from U.S. Highway One.
All new impervious area will be contained and treated on-site prior to discharge to the existing
stotm water management system.
Parking
Based on the uses within the shopping center, 1,057 parking spaces are required, and the
applicant is proposing a total of 1,080 parking spaces. Because this is an older, existing
shopping center, 189 of the existing parking spaces have a width less than the 10' x 18.5'
required by today's LDRs. The applicant is requesting that those non-conforming spaces be
allowed to remain and is further requesting that a waiver be granted to allow 132 additional
spaces at 9.5' x 18.5'. This would result in a total of 321 non-conforming spaces and 759
conforming spaces, for a total of 1,080 proposed spaces.
PreviouslxApproved Waivers
Several waivers were granted previously with the adoption of Ordinance �7, 1999, to allow a
building height of 39' 10" for the Publix peak; to allow 30 existing bicycle parking spaces to
remain instead of the required 59; to allow Publix to have a second 36" sign facing PGA
Boulevard; to allow 34 parking spaces to be a distance more than 40 feet from a tree; to allow the
existing non-native vegetation to remain; to allow the existing five-foot buffers on the north,
south, and west sides, and the 10-foot existing buffer on the east, to remain; and to allow the
existing carrotwood trees on the east property line to remain.
The applicant is requesting all previous waivers, which were granted by Ordinance 47, 1999,
remain in effect except for an amendment to the waiver relative to the existing five-foot buffer
on the west side along U.S. Highway One. The applicant is proposing to lessen and improve the
non-conformity of this buffer which will range from 12 feet wide to 30 feet wide for a distance
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Ordinance 37,2002
of 285 linear feet. A 15-foot wide buffer along public rights of way is required by Section 78-
391(a)(1) of the Landscape Code.
Please see Table 2 attached for project consistency with the code standards.
Waiver Request
The applicant is requesting a waiver from Section 78-344(1)(1.)(a), which states a standard
parking stall shall be a minimum of 10' x 18.5', to allow 321 of the 1,080 parking spaces to be
9.5' x 18.5'.
The applicant is further requesting a revised waiver from Section 78-319(a)(1), Minimum
Landscape Buffer, that will lessen the non-conformity of the west five-foot landscape buffer
along U.S. Highway One as described above. A 15-foot buffer is required, and the previous
waiver granted a five-foot wide buffer. This waiver is being amended to allow 2371inear feet at a
12-foot width and 1,214.50 feet to remain at a five-foot width along U.S. Highway One. Forty-
eight feet of frontage will meet or exceed the 15-foot required buffer.
Code Section Re uired Existing Pro osed Waiver Recommendation
Section 10' x 18.5' 189 spaces Additional .5' to 1' Staff Supports (1)
78-44(1)(1)(a), vary from 321 spaces at
Minimum Parking 9.0' x 18.5' 9.5 x 18.5
Stall Dimensions to
9.5' x 18.5'
Section 78- West 5' depth 237' at 12' 3' to 10' Staff Supports (2)
319(a)(1) Buffer buffer - 15' width; and
Minimum 1,214.50' at
Depth 5' width
(1) Staff supports the waiver request because the reduction is in compliance with Figure 16,
Table 32, Minimum Parking Bay dimensions for Nonresidential Uses of the LDRs, and
the required 25-foot drive-aisle width has been provided. This type of waiver has been
granted by City Council in the past.
(2) Staff supports amending this previously approved waiver request because the non-
conformity will be lessened. Increasing the width of the buffer beyond the proposed
width for the entire length of the frontage would eliminate needed parking.
0
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Ordinance 37, 2002
OUTSTANDING ISSUES
Citv En�ineer Comments
The attached letter dated September 12, 2002, from LBFH, Inc., notes several minor revisions to
the Site Plan, Landscape Plan, and Site Lighting and Photometrics Plan that shall be made prior
to issuance of the building permit. In addition, the applicant shall provide a narrative response
identifying if an existing control structure will be sufficient for the exfiltration trench design, or
if modifications to the existing control structure or a new control structure is proposed. The
width and length of parking stalls on the north side of the new outparcel building shall be
adjusted according to Code requirements.
The City Engineer further commented that the demolition plans shall be revised to be consistent
with the site plan and the preliminary construction plans.
SUMMARY OF PLANNING AND ZONING COMMISSION COMMENTS
At the public hearing held on August 27, 2002, the Planning and Zoning Commission voted 7-0
to recommend approval of Petition PUD-02-03 with one waiver and 16 conditions of approval.
CITY COUNCIL COMMENTS
October 3, 2002
At the City Council meeting of October 3, 2002, it was the consensus of the Council that the
Growth Management Administrator may grant an administrative approval for the demolition of
the 10,008 square foot building and construction of a 35-car parking pocket on the southwest
corner of the courtyard, since this part of the project fell under the threshold of a major
amendment. The approval shall have conditions of approval that include landscaping and
lighting the parking lot in accordance with the previously submitted landscape and lighting plans
and that the newly exposed elevation shall be restored to match the existing exterior.
This petition was scheduled as an item of discussion for the October 17, 2002, meeting in order
for the petitioner to update the Council on the changes being made to the elevations of the
proposed outparcel building. Furthermore, the Council voted 4-0 to approve Ordinance 37,
2002, on first reading as presented by staff and to schedule the second reading and public hearing
of the ordinance for November 7, 2002.
STAFF RECOMMENDATION
Staff recommends approval of attached Ordinance 37, 2002, with one waiver, the amendment of
one previously approved waiver, and conditions of approval. Staff also requests the City Council
to direct staff to remove the trips resulting from the proposed reduction off of PGA Boulevard
and other affected roadway segments.
7
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Ordinance 37,2002
�� � � �? a �: a � a�k` �'� �' � � a „y ' r
a ¥°. � s�,� t� �� �.y t .�. x x� t��t'r7�
' , , TABL� 1 : ��� � � � � � � _ � � ��� ;� �g i�� � � `
.EXI�aTING ZQNi1�IG AND L� U�E�D�SIG�TATI,QNS F�,�"� �.0 .., �,,.,.. � . � . � �
t:
'' ' , EXISTING USE ' ; ZONING - ' ` LAND USE '
Subict Pronertv Commercial (CG-1)/ Commercial (C)
Shopping Center Planned Unit Development (PUD)
Overla
North
Office Complex Professional Office (PO)/ Professional (PO)
Planned Unit Development (PUD)
Overla
South
PGA Boulevard
Commercial Retail Commercial (CG-PBG) Commercial (C-PBG)
Residential (12 Oaks Condos) Residential Hi h(RH-PBC) Residential Hi h(RH-PBC)
West
U.S. Highway One
Commercial Commercial CG-PBC) Commercial (C-PBC
East
Residential (Hidden Key Residential Single Family Residential Single Family
(RS-PBC) (RS-PBC)
Residential (Hidden Key Condos) Residential High (RH-PBG) Residential High (RH-PBG)
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Ordinance 37, 2002
'� � ' ` ��- -` � � �� ° �'ABLE 2 � �� � �� � � �� 5 �� � � �a� � #���� �
t � . . �- � � ,,'�� "�� __
�. CONSISTEI'!�iCY WITHTH��E CUDE ��� r � �� ��:�, �� r � � ����
,. Code Requirement Proposed`Plan :`° , ; ; :Compliance?
General Commercial General Commercial
CG-1/PUD Overlay CG-1/PUD Overlay Yes
O en S ace - 15% minimum 16% Yes
Minimum Building Site 20.8 acres
1 Acre Yes
Maximum Building Lot Coverage —
35% 26% Yes
Maximum Height Limit — 36 feet 30 feet Yes
Setbacks:
Front (PGA Blvd.) — 50 ft. Front (PGA Blvd.) — 190' 11"
Side (Hidden Oak) — 15 ft. Side (Hidden Oak) — SS' Yes
Side Facing St. (U.S. 1) — 40 ft. 5ide Facing St. (U.S. 1) — 55'
Rear (Golden Bear) — 15 ft. Rear (Golden Bear) — 307'
Parking: ..
Number Required — 1,057 1,080 spaces Yes
Bicycle Parking:
5% of required parking (1057) = 53 Existing spaces — 30 Waiver granted 12/99 to allow 30
spaces existing spaces to remain
Ground Signs:
Number Allowed — 3 3 existing — Oakbrook Yes
(1 for 300' of ROW frontage, + 1 1 existing - Bank Granted Variances 11/5/92 &
per additiona1700 feet ROW 1/11/84
frontage)
Wall Signs:
1 per tenant space or bay. New Retail Center 1 per tenant Yes
Must face ROW or primary Existing Center — 1 per tenant Yes
entrance
Publix — 2 existing Publix granted waiver 12/99
Date Prepared: October 4, 2002
Meeting Date: October 17, 2002
Ordinance 37,2002
Code Requirement Proposed Plan Compliance?
Landscaping: Existing Buffers: Waivers granted for all existing
Buffers: North = 5' buffers in 12/99 (Ord. 47, 1999)
North (PO) = 8' South = 5'
South (PGA Blvd.) = 15' East = 10'
East (Residential) = 15'
West (U.S. 1) = 15' West Existing: 5' width West: Decreasing non-conformity
West Proposed: 237' at 12' width; for 285' linear feet along
48.0' to exceed 15' width; U.S. Hwy. One
1,214.50' to remain at 5' width.
Landscape Islands: F;very 9 spaces Every 9 spaces except Publix Yes, except for Publix parking
parking area area.
Waiver granted in 12/99 allowed
34 existing parking spaces that
were more than 40 feet from a tree
to remain as they were.
G/Jackie/PUD-02-03 stf CC discussion item.doc
Attachments
10
Date Prepared: September 23, 2002
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 37, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF AN AMENDMENT TO THE OAKBROOK
SQUARE SHOPPING CENTER PLANNED UNIT
DEVELOPMENT (PUD) BY DEMOLISHING AN EXISTING
10,008 SQUARE-FOOT RETAIL BUILDING, CREATING A
NEW 35-CAR PARKING POCKET, ADDING A NEW 6,000
SQUARE-FOOT RETAIL BUILDING ALONGSIDE U.S.
ffiGHWAY ONE, AND REDUCING THE OVERALL SQUARE
FOOTAGE OF THE SHOPPING CENTER, LOCATED AT
THE NORTHEAST CORNER OF PGA BOULEVARD AND
HIGHWAY U.S. ONE, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR WAIVERS;
PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Palm Beach Gardens received an application (PUD-02-03) from Doron
Valero and Equity One Realty & Management, Inc., for approval of an amendment to a previously-
approved Planned Unit Development (PUD) (Ordinance 47, 1999), known as Oakbrook Square
Shopping Center, to allow the renovation of the site by demolishing an existing 10,008 square-foot
retail building, creating a new 35-car parking pocket, adding a new 6,000 square-foot retail building
alongside U.S. Highway One, and reducing by 4,008 square feet the overall square footage of the
shopping center, located at the northeast corner of PGA Boulevard and Highway U.S. One, as more
particularly described in Exhibit "A" attached hereto; and
WHEREAS, the Growth Management Department has reviewed said application and determined that
it is sufficient; and
WHEREAS, the Growth Management Department has reviewed said application and determined that
it is consistent with the City's Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Planned Unit Development (PUD) Overlay has an underlying zoning of CG-1-
General Commercial and a land use designation of Commercial (C); and
Date Prepared: September 23, 2002
WHEREAS, on August 27, 2002, the City's Planning and Zoning Commission reviewed said
application and recommended its approval, including requested waivers, subject to conditions of
approval; and
WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest
of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2: The City Council hereby approves the application of Doron Valero and Equity One
Realty & Management, Inc., for an amendment to Oakbrook Square Shopping Center Planned Unit
Development, located at the northeast corner of PGA Boulevard and Highway U.S. One.
SECTION 3: Said amendment to the Planned Unit Development is approved subject to the
following conditions, which shall be the responsibility of the applicant, its successors or assigns:
Prior to issuance of Certificate of Occupancy, the applicant shall pay one percent (1 %) of the
proj ect's cumulative construction cost towards Art in Public Places on site or escrow funds to
be used for proposed art for the site. (Art Advisory Committee Liaison)
2. No drive-through facilities shall be allowed at the new out parcel building except as an
accessory use to a bank or other financial establishment. (Development Compliance Officer)
3. Root barriers shall be installed where Oak trees are planted along the west property line at
U.S. Highway One. (City Forester)
4. Within six months of demolition permit issuance, the south median in U.S. Highway One
opposite the shopping center shall be landscaped, irrigated, and maintained by the property
owner in a manner consistent with the median immediately to the north, to the satisfaction of
the City Forester. (City Forester)
5. Prior to the issuance of the first Certificate of Occupancy, all existing buildings shall be
painted to nnatch the approved colors for the new retail building, and all awnings shall be
solid burgundy color in accordance with the approved building color scheme. (Development
Compliance)
6. If requested by the Growth Management Administrator and/or State and County agencies, the
property owner shall, within 30 days from the date of notice, verify that drainage from the
site is not adversely impacting the U.S. Highway One drainage system. (City Engineer)
2
Date Prepared: September 23, 2002
7. Prior to issuance of first Certificate of Occupancy, the applicant shall submit a separate
application for a tenant master signage program for proposed and existing buildings, which
shall require approval by City Council. (Planning and Zoning)
8. Required digital files of approved plat and approved civil engineering and architectural
drawings shall be submitted to the Planning and Zoning Division prior to issuance of the first
Building Permit. (GIS Manager and Development Compliance)
9. Prior to issuance of the first Certificate of Occupancy, roof-top screening compatible with the
existing and proposed architecture and color scheme shall be required on the new out parcel
building and the remaining retail building on the west side of the courtyard. The screening
shall be sized to the same height as the mechanical equipment on the roof. (Development
Compliance)
10. All new roof tiles, including the retail outparcel, shall either match or be compatible with that
of the existing roof tile at Publix or Jacobson's, as determined by Growth Management staff.
(Development Compliance)
11. Prior to issuance of the first Certificate of Occupancy, the brick paver pedestrian path,
located at the north of the new retail center, shall be continued from the U.S. Highway one
sidewalk to the south end of the existing west retail building. (Development Compliance)
12. An architectural tower element similar in style and scale to those located on each corner of
the new retail building shall be added to the southwest corner of the existing retail center
facing the new parking pocket. (Planning and Zoning, Development Compliance)
13. Any outstanding engineering comments and requirements contained in LBFH letter dated
September 12, 2002, shall be satisfied prior to issuance of the first building permit. (City
Engineer)
SECTION 4: The following waiver is hereby granted with this approval:
A waiver from Section 78-344(1)(1.)(a), Parking Stall and Bay Dimensions of the Land
Development Regulations, which requires parking stalls to be 10' x 18.5', to allow for 321
parking stalls to be 9.5' x 18.5' .
SECTION 5: The City Council hereby amends Ordinance 47, 1999, Section 3.F., to increase the
width of the previously approved west buffer alongside U.S. Highway One from five feet to 12 feet
wide for a distance of 237 linear feet, and to allow 1,214.50 feet to remain at a five-foot width,
pursuant to Section 78-319(a)(1), Minimum Landscape Buffer, which requires a 15-foot buffer. All
other provisions of Ordinance 47, 1999, shall remain in full force and effect to the extent not
modified herein.
Date Prepared: September 23, 2002
SECTION 6: Renovation of the Oakbrook Square Shopping Center planned unit development shall
be in compliance with the following plans on file with the City's Growth Management Department:
1. Cover Sheet CVS, Demolition Site Plan D-SP, Proposed Site Plan SP-1, Blown-Up Site Plan
SP-2, Site Parking Details SP-3, Lighting Site Plan & Photometrics SP-E, Proposed Floor
Plan A-1, Proposed Roof Plan A-2, Proposed Exterior Elevations A-3, Existing Retail
Building West Elevation and Proposed West and South Elevations A-1, Existing
Courtyard/Retail Building Elevations A-2 dated September 19, 2002, by William Hamilton
Arthur Architect, Inc.
2. Landscape Plans LA-land LA-2 dated.September 18, 2002, by Dixie Landscape.
3. Overall Shopping Center Paving, Drainage and Grading and Demolition Plans C 1-CS dated
August 2, 2002, by Creech Engineers, Inc.
4. Land Title Survey for Equity One, Inc., Sheets 1 and 2, dated January 31, 2002, by Wallace
Surveying Corporation.
3. Color and materials board dated September 19, 2002, by William Hamilton Arthur Architect,
Inc.
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such
holding shall not affect the remainder of the Ordinance.
SECTION 8: This approval expressly incorporates and is contingent upon representations made by
the applicant's agents at all workshops and public hearings pertaining to this project.
SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 10: This ordinance shall become effective upon the day of adoption.
PASSED, FIRST READING this day of , 2002.
PASSED, SECOND READING
this
day of
PASSED, ADOPTED AND APPROVED this day of
4
2002.
2002.
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
PATRICIA SNIDER, CITY CLERK
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COiJNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
G/jholloman/oakbrook sq/PUD-02-03 Ord 37 1�` rdg.doc
Date Prepared: September 23, 2002
COUNCILMEMBER CLARK
COUNCII.,MEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE
as to form.
LEONARD RUBIN, CITY ATTORNEY
AYE NAY ABSENT
5
EXHIIBIT A
DRAINAGE PARCEL 1
A perrcei of ivnd tying in the IYorthwest quarter of Sec#ion 4,
Township 42 South, Ronge 43 East. Po1m B+eoch County, Florida,
being more particulo�ly described cs follows:
From the intersection of the Easterly right—of—woy rne of U.S.
Highwvy No. 1(State Rood Na. 5) with the South line of the
Northwest qua�ter of said Section 4, nun North 12 deg�ees. 00
minutes. 47 seconds Eost a/ong soid Easterly right—of—woy line,
o distance of 1,550.00 feet; thence NorEh 89 deqrees, 57
minutes, 20 seconds East a clistonce of 582.89 feet to the POIIYT
OF BFGlNNING; thence North 44 deyrees, 35 minutes. 16 seconds
Eost o�stonce of 26.39 faet; thence North 89 degrees. 57
minutes, 20 seconds Eost a distance of 73.65 feet; thence South
00 deqreea. 02 minutes, 40 seconds East o distonce of 12.00
feet; thence South 89 degrees. 57 minutes. 20 seconds West a
�stance of 68.fi3 feet; thence South 44 degrees, 35 minutes, 16
scconds West o�stonce of 9.53 feet; � thence South 89 degrees.
57 minutes, 20 seconds West a distence of )6.86 faet to the
POlNT OF BEGINNING; tess any portion of said parcel which moy
lis East of the Western boundary line of Hidden Key North,
uccor�ng to the plat thereof� recorded in Plot 800k 28, Poge
i29, af the Pubi�c Records of Patm Beach Caunty, Fiorida.
i7RAlNAGE PARCEL 2
The West hvlf of the South 783.56 feet of the foliowing
right—of—woy:
A strip of land forty—eight (48) feet in width fying twenty
four (24) feet on eoch side of the follawiny descnbed
centeriine:
Begin ot the Northeast corner of Lot 13, Hidden Key. according
to the P1at thereof. os recor�ded rn Plat Book 27, Page 243;
thence run Northerty, along the Westem boundory li�e of Hidden
Key Noith, occor�ng to the Plot thereof recorded in Plot 800k
28. Poge 129, of the Public Records of Potm Beoch County�
Fiorido. o distonce of 1, 721, f 3 feet. moro or les.i, to the
Northwest corner of Lot 18 of Hidden Key North; thence ofong
the Northarn boundory line af Hidden Key North to the Northaost
comer of Lot 17 and the waters of Li�tle Lake Worth and the end
of soid center line.
December 1,1999
November 18,1999
ORDINANCE 47, 1999
AN ORDINANCE OF THE CITY COUNCIL UF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF THE APPLICATION OF OAKBROOK
SQUARE SHOPPING CENTER CORPORA IT O�FOR '�
REZOIVING OF A 20.35-ACRE SITE FR.OM CGI, GENERAI,
C011�1�RCIAL, TO PUD, PLANNED IJ1vIT DEVELOPMENT,
AND APPROVAL OF THE RENOVATION AND 10,987
SQUARE- FOOT EXPANSION OF A PUBLIX GROCERY
STORE AT THE OAKBROOK SQUAR� SIiOPPING
CENTER; PROVIDING FOR CONDITIONS OF APPROVAL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHER.EAS, the City of Palm Beach Gardens received an application &om the Oakbrook
Square Shopping Center Corporation for rezoning of 20.35 acres of land located at the northeast
corner of PGA Boulevard and U.S. Highway One, as more particularly described in Exhibit "A"
attached hereto, to PUD, Planned Unit Development; and
WHEREAS, this project received original Site Plan approval on December 7, 1973, by the
Site Plan Review Committee under existing CG-1 zoning; and
WHEREAS, the 20.35 acres of land involved are presently zaned as CG-1, General
Commercial, with a land use designation of Commercial; and
W��REAS, the City's Growth Management Department has recommended appraval of the
renovation and 10,987 square-foot expansion of a Publix Grocery Store at the Oakbrook Square
Shopping Center and rezoning of the entire site from CG-1 to PUD; and
WHEREAS, the Growth Management Department has reviewed said application and
determined that it is consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, the City's Platuiuig and Zoning Commission has recommended approval of this
petition subject to several conditions.
NOW, THEREFORE, BE IT ORDAINED, BY THE C1TY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
approves the application of Oakbrook Square 5hopping Center Cor,poration for rezoning of 20.35
Ordinance 47, 1999
Publix at Oakbrook Square
acres located on the northeast corner of PGA Boulevard and Highway U.S. One, as more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference; from CG-1
General Commercial to Planned Unit Development, and for the approval of the renovation and
10,987-square foot expansion of a Publix grocery store at the Oakbrook Square shopping center.
SECTION 2. Said Planned Unit Development is approved subject to the following
conditions which shall be the responsibility of the applicant, its successors andJor assigns:
All approved landscaping shall be installed prior to final building inspection approval.
2. The petitioner shall install additional landscaping in the U.S. 1 median, subject to the
approval of the City Forester.
3. The applicant, or its successors andlor assigns shall maintain all landscape improvements
located in the right-of-way adjacent to the property along PGA Boulevard and U.S. Highway
One, per the approved landscape plans.
4. Americans With Disabilities Act (ADA) and Florida Accessibility Code for Building
Construction of 1997 access shall be provided along the PGA Boulevard entrance driveway
as shown on the site plan, prior to final building inspection.
SECTION 3. The following waivers are hereby granted with this approval:
A. Waiver from LDR Section 118-206(� Building Height Limit. "No structure shall
exceed 36 feet in height", to allow a building height of 39' 10" at Publix's peak.
B. Waiver from LDR Section 118-539 Number of Bicycle Parking Spaces Required.
"A shopping center shall provide bicycle parking spaces equal to 5% of its required
vehicular parldng", to allow the 30 existing spaces to remain instead of increasing the
number of spaces to 59.
C. Waiver from Section 110-37(c) Flat/wall signs, which states, in part, the letter height
of a second sign on another elevation shall not exceed 2�", to allow the letter height
of the second sign (facing PGA Boulevard) to be 36" in height instead of 24".
D. Waiver &om Section 98-68(a) Parking areas, of the Landscape and Vegetation
Protection Code, which states that every parking space shall be within 40 feet of a
tree, to allow the existing 34 spaces which are more than 40 feet from a tree to
remain as they aze and not be required to plant additional trees.
2
Ordinance 47,1999
Publix at Oakbrook Square
E. Waiver &om 5ection 98-72(c) Planting, which states that 90 percent of the landscape
materials in azeas that are designated to be in the Coastal Zone will be native species,
to allow the existing non-native vegetation to remain.
F. Waiver from Section 98-72(a) Planting, which states a landscaped buffer shall be a
minimum of eight feet in depth around the perimeter of a parcel; provided, however,
that a landscaped buffer of 15 feet in depth shall be required on lands located
adjacent to public street right-of-way, to allow the existing 5' buffers on the north,
south, and west sides, and the 10' existing buffer on the east to remain.
.__--. — -
G. Waiver from Section 98-71(a) Prohibited plants; removal of invasive nonnative
plants, which states, in part, that carrotwood (cupaniopsis anacardioides) trees shall
be removed from all open space in their entirety from the entire site, to allow the
existing carrotwood trees on the east property line to remain.
SECTION 4. The renovation and expansion to the Publix grocery store within the
Planned Unit Development shall be in compliance with the following plans on file with the
City's Growth Management Department:
✓ 1.
� 2.
✓3.
,/4.
f5.
✓f•
/'7, �
�,
✓9
✓ 10.
November 23 , 1999 Oakbrook Square Site Plan, Urban Design Studio, 1 sheet.
November 23, 1999 Publix Expansion Site Plan SP-1, 1 sheet.
November 23, 1999 Existing and Proposed Landscaping Plan, Urban Design
Studio, Sheet IS-1.
August 31, 1999 Landscape Detail Sheet, Urban Design Studio, Sheet LS-2.
February 15, 1999 U.S. Hwy #1 Entry Demo/Preservation Plan, UDS Sheet E-2.
October 21, 1999 U.S. Hwy #1 Entry Landscape/Lighting Plan, UDS Sheet E-3.
February 15, 1999 U.S. Hwy #1 Entry Plant Detail Sheet, UDS Sheet E-4.
February 15, 1999 U.S. Hwy #1 Entry Grading and Elec. Box, UDS Sheet E-5.
November 24, 1999 U.S. Hwy #1 Median Landscape Plan, UDS, 1 sheet.
October 22, 1999 Roof Plan, CentreCorp, 1 s�eet.
3
Ordinance 47,1999
Publix at Oakbrook Square
,�11.
12.
13,
14.
October 22, 1999 Elevations Plan, S.Coler Lee & Associates, 1 sheet.
October 25, 1999 Architectural Details, Urban Design Studio, Sheet A-l.
October 03, 1999 Proposed Fa�ade Chazacter, Urban Design Studio Sheet A-2.
September 1, 1999 Architectural F1oodLyte Vertical Flood Cut Sheet, WA3-VF,
WB3-VF with shroud, 2 sheets.
SECTION 4. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 18th DAY OF NOVEMBER , 1999.
PLACED ON SECOND READING THIS 16th DAY OF DECEMBER 1999.
PASSED AND ADOPTED THIS �lO � DAY OF ' , 1999
VICE MAYOR LAUREN FURTADO
ATTEST:
LINDA V. SIER, CMC, CITY CLERK
BY� /' G�����
COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
CITY ATTORNEY
4
Ordinance 47,1999
Publix at Oakbrook Square
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCII,MAN CLARK
AYE NAY ABSENT
�
�
�
�
�—
5
September 19, 2002
To: Sean C. Donahue, P.E.
william Cc: Jackie Holloman
hamilton
arthur File No. 02-4247
architect
���° RE: Oakbrook Square-PUD Amendment
We have reviewed the comments for Oakbrook Square and our response is as
follows:
1-5. Previously satisfied.
6. We have requested a waiver in order to comply with these requirements.
7. Previously satisfied.
8. Previously satisfied.
9. Previously satisfied.
10. Previously satisfied.
11. Previously satisfied.
12. Previously satisfied.
13. Previously satisfied.
14. Previously satisfied.
15. Previously satisfied.
16. Previously satisfied.
17. See revision #1 on sheet E-SP for revised photometrics.
18. Previously satisfied.
19. See revision #1 on sheet SP-2 for revised sidewalk and dimensions.
20. Previously satisfied.
8Q0 douglas
entrance 21. Previously satisfied.
suite 303
coral gables
florida 33134
305 44.3-3100
fax 305 441-7960
22. Previously satisfied.
23. See revision #1 on sheet SP-3 for revised brick paver cross section.
24. 25. 26. All construction plans and narrative responses are being revised and
will be delivered to you by CREECH Engineers.
27. See revision #1 on sheet SP-1, SP-2, LA-1 and LA-2.
INC
O�NSULTING QVIL ENGINEERS,
SURVEYORS & MAPPERS
C�VIL
AGRICULTURAL
WATER RESOURC�S
WATER & WASTEWATER
TRANSPORTATTON
SURVEY & MAI'PING
GIS
"Paitners For Results
Value By Design"
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286-3883
Fax (561) 286-3925
www.lbfh.com
MEMORAND UM
TO: Jackie Holloman
FROM: 5ean C. Donahue, P.E.
DATE: September 12, 2002
FILE NO. 02-4247
SUBJECT: Oakbrook Square - PUD Amendment
We have reviewed the following plans and information received on August 5,
2002:
• Revised Site Plans and Details prepared by William Hamilton Arthur Architect,
Inc.
• Architectural Plans prepared by William Hamilton Arthur Architect, Inc.
• Lighting Site Plan and Photometrics prepared by Octavio J. Oliu, P.E.
• Landscape Plans prepared by Dixie Landscaping.
• Overall Shopping Center Paving, Drainage and Grading and Demolition Plans
prepared by Creech Engineers, Inc.
Received August September 4, 2002:
• Revised Site Plans and Details prepared by William Hamilton Arthur Architect,
Inc.
• Architectural Plans prepared by William Hamilton Arthur Architect, Inc.
• Lighting Site Plan and Photometrics prepared by Octavio J. Oliu, P.E.
• Landscape Plans prepared by Dixie Landscaping.
We have the following comments:
• Please note that the Florida Department of Transportation (FDOT) is currently
investigating the drainage of the US 1 right-of-way adjacent to this project.
Specifically, the FDOT is concerned that the projects adjacent to the right-of-
way are adversely impacting the US 1 drainage system by not containing their
runoff on their project. The applicant should be prepared to respond to the
FDOT should this issue be formally raised regarding this project.
• Comments #1 through #5 - Previously Satis�ed.
6. Not Satisfied. The applicant is proposing parking spaces that are 9.5 feet wide
and 10 feet wide (a detail for the 9.5 feet wide spaces has also been provided).
The applicant will need to request a waiver from LDR Section 78-344(1)(1)(a),
which requires all parking spaces to be a minimum 10' x 18.5'. Please note that
we will remain in support of the City's LDR requirements.
7. Previously Satisfied.
��� Oakbrook Square - PUD Amendment Page 2 of 3
LBFH File No. 02-4247
INC.
8. Satisfied. The applicant provided a loading zone and maneuvering area for the
proposed 6,000 SF retail building.
• Comments #9 through #16 - Previously Satisfed.
17. Not Satisfied. The applicant submitted a signed and sealed Photometric Plan
meeting the LDR Section 78-182 requirements. However, no photometric data
is shown for the 90-degree parking lot to the north of the new out parcel
building (the new lightpole is shown).
18. Satis�ed. The Site Plan provides minimum 20-foot curb radii within the
parking lot to accommodate Fire Department emergency vehicles.
19. Not Satisfied. The sidewalk located at the southeast corner of the new out
parcel needs to have a minimum 5-foot width, per LDR Section 78-506.
20. Satis�ed. The applicant provided wheelstops for all proposed parking spaces.
21. Satisfied. The stop sign/bar at the entrance to the drive-thn�lby-pass have been
removed.
22. Satisfied. The Type "D" Curb Detail specifies the FDOT approved 18-inch
depth.
23. Not Satisfied. The applicant provided a typical cross-section of the paver brick
areas specifying LDR Section 78-499. However, the cross-section shown does
not meet the minimum structural number value of 1.5, as is required by the
referenced section (6" base — SN = 1.08, 8" base — SN = 1.44, there is no credit
towards the subgrade until a minimum FBV value of 50 psi is provided).
• Please note that the Construction Plans have been reviewed on a preliminary
basis only. A thorough review of these plans will be conducted during the
Construction Plan review phase. Also, please remove the Construction Plans
from the Development Order exhibit list of submittals.
24. The Paving Section shown on the Site Plans and the Asphalt Paving Detail
shown on the Preliminary Construction Plan are not consistent with one
another.
25. The modifications north and west of the "Anchor Tenant" building shown on
the Site Plan are not shown on the Preliminary Construction Plans. In addition,
the Demolition Plans are not consistent.
26. The applicant needs to provide a narrative response identifying if an existing
control structure will be sufficient for the exfiltration trench design, or if
modifications to the existing control structure or a new control structure is
proposed.
, .�� Oakbrook Square - PUD Amendment Page 3 of 3
LBFH File No. 02-4247
INC. I
27. The revised Site Plan received September 4, 2002 shows landscaping islands
added to the north side of the new out-parcel building which alter overall
parking stall length and width. The applicant needs to revise the spaces in
accordance with LDR Section 78-344. Also, the applicant needs to specify the
type of landscaping included in these islands.
The applicant is requested to return a copy of our comments with the
applicant's acknowledgement of each comment and the response.
Compliance will expedite the subsequent review.
SCD/ms
cc: Talal Benothman
P:�P B GM EM 0�4247\4247 f. d oc
Revised 08-13-02
7-23-02
william Jackie Holloman
hamilton City of Palm Beach Gardens
arthur� 10500 N. Military Trail
architect palm Beach Gardens, Florida 33410
ine.
RE: Oakbraok Square
Pud Amendment (revised)
Dear Jackie:
We sent you a letter dated 7-02-02 in response to the Planning and Zoning
Conrmissioners comments from the May 28, 2002 meeting. As you are aware, things
have changed since then and we are resubmitting our application as follows:
80Q douglas
e�trance
suite 303
corai gables
flarida �i3134
305 443-3100
fax 3Q5 4�1-i960
• We are proposing to maintain the existing 17,394.00 s.f. courtyard edge retail
building (to the south of the anchor tenant) vs. demolishing it. We are adding
some new storefront to the west elevation and will be modifying the south
elevation accordingly. In addition, we are proposing (lb) new head-in spaces
along the west elevation.
• The 10,009.00 s.f. courtyard edge retail building will be demolished as per our
original submittal and a new (35) car parking pocket will be created.
. The courtyard will be maintained as it exists today with the exception of some
additional landscape enhancements.
• The Duffy's north elevation will remain with the exception of the removal of
the large awning. It will not be necessary to add any foundation landscaping;
there are six nicely landscaped planters up against the building. We are adding
a 3.00' wall continuous with the outdoor cafe area.
• The Anchor tenant building will remain unchanged as a part of this
application.
• The proposed streets edge "�ut Parcel" building has been reduced from
12,000.00 s.f to 6000.00 s.f. This is an "architectural" building that will
include (1) drive thru lane with the required by-pass lane, tenants has not been
determined.
• Site Plan: as per the plans, we have indicated new code compliant landscape
islands for every nine cars with the exception of the Publix parking field and
shopping center rear. Publix has language in their lease that would prevent us
from modifying this area. The rear of the center is out of the publics view and
the additional landscape would not have a sufficient impact on the ove
project other than its budget. All parking spaces with the �ceptio �Q
handful at the existing First Union building are code compliant r tab1�;�32
af the LDR. A �,7� � � � �
AUG 14 2002
t�l�4dINQM�
8,
� �i;F�tt•�,';
Despite all the changes, we feel this revised application is a substantial improvement
over our previous submittal.
Reduced overall square footage increased landscaping, elimination of visual barriers
and a refreshing of the existing Anchor building is a major improvement over what
exists their today.
Lf you have any comments or need any additional information, please let me know as
soon as possible, as you are aware, this project is in a state of progess.
�,i.'i"�' �'JT' ,
Jul �8 02 04:48p Bru R. Rrthur
william
hamiiton
arthur
architect
inc.
3054 '960
L �.
7-02-OZ
Jackie Holloman
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
800 douglas
entrance
suite 303
coral gables
Horida 33134
305 443-3100
iax 305 A�i-7960
RE: Oakbrook Squaze
Pud Amendment
Dear Jackie:
Please let this letter serve as our w�tten response to the Planning and Zoning
Commissioners comments at the M�y 28, 2002 meeting.
We hereby submit the following�
• More landscaping is needed along U.S. #1 and the foundations of buildings:
As indicated on the revised I,.andscape Plan, we added additiona! tandscaping
along US # 1 and at the foundation of the building.
� Parking between new retail building and US # 1 was questioned.
This allows for adequate mc�vement and circu/ation in front of the main entry
to the new retail shops. Not the ideal parking scenario, however, wrth che one
way tra�c and bric•k puved;surface, rt has an aesthetic quality and is
architecturally compatible ivith a Main Street format. In our new
presentation, we have pictures of a similar application as designed by the
same town planne��s that pr�pared the Seven Cities: NoMhern Palm Beach
County US I Corridor Study. With the Building closer to the Streets edge, it
allows for a larger par4cing field and visual separation between the new and
existing buildings.
• Additional signage hanging in front of each bay is not allowed.
The �rew submittal indicates the removal of the irnder canopy sign.s.
• Peaks / Gables over some t�nant bays in the proposed retail center needed to
be bulked up/reinforced.
See revisec! elevations.
• Caurtyard is a very pleasin13 space as it now exists.
Yes it is, we are maiirtainirr`g all the landscaping, and ihere are not scheduled
changes in this prea.
• Proposed retail bui(ding should be moved to the east closer to the main center
and north in order to center it in front of the main shopping center.
p.2
� �
� �
� �
Jul 09 02 04:48p Bru R. Rrthur 3054 7960 P,3
Dakbrook Con�inued ... ... ... ... ... ... 2
We recognize while on plan, the new retail bui[ding centered on the rear
bi�ildrrtgs should be symmetrical, but in reality whe� look-i»g at the buildings
as you move in your vehic%, the visua! concept of the buildings would move
too and the symmetries would becorrre academic. The primary parkrng area
for the Anchor tenant would be reduced compromising parkrng access �o their
facili[y.
And by moving the building to the east chi.c will eliminate the crrculatron and
parkrng in front of the buildirrg and compromise its success..
• Proposed Retail Building co'uld have token entrances in the rear, but have
parking in front.
There is no change in our design to eliminate the rear access to each space or
to eliminate the fi'ont par/tit'rg. The best exposure for the building is to place i1
as close to the streets edge while maintaining marn access at the front.
• Driveway in front of proposed retail building should be two way.
This would reduce parking �paces, reduce ihe "Main Street " feel, a�rd create
a greater visual obstructron to lhe existing retail buildrng.
• A parapet wall or screening should be constructed on top of the proposed
retail building to ensure screening of the rooftop equipment.
Roof top z�ni[�� are adequate.ly screened; there is a min. of a 4'-6 " change of
elevation between the roof a'eck and !op of parapets and or pitched roofs.
• Architecture of the proposed retail building could be improved by featuring
four sided architecture with perhaps a 30-degree pitched roof and a mix of
asymmetrical massing with vertical variation.
See revised design.
• The south tower of the proposed retail center should be balanced with the
north end of the building.
See revi.sed design.
� The proposed retail center should be a"jewel" in front of the center.
Absolutely!
• Colors and architecture should be matched to the existing center, with the
Roly's bein� the preferred architecture.
(.�olors have bee» selected �o match the exisling ceirrer; the proposed retai!
buildirrg has been redesigrred to promote relationship to all the exis[ing
builditzgs.
Jul 08 02 04:48p Hru R. Rrthur 3054 '960
p.4
Oakbruok Continued ... ... ... ... ... ....3
� Peaks on the proposed retail center appear isolated ("lonely").
See revised design.
Consideration should be given as to how the parking area relates to the
courtyard area.
Our design ca!!s for a continuoua� pedestrian passage jrom the public
sidewalk, lhrough the parkirig area �o the exrsting courtyard. This comrection
provides safe mobility and ada accessibilrty. Its design has shade trees,
beautiful paving, pedestrian!scaled lighting, benches, and flowering ground
cover to articulate the exrsting courtyurd.
• The large "signature" archway at the main entry should be preserved, if
possible, since it was probahly very expensive to construct.
The large archway is a very expensive morrument to a prevrous properry
owner. Its bulk, massing, proportions and visua! dimensions are nut scale and
character with the exi.cting r•etai! shops. I! is not compattble with the existing
Architecture; it does not enr'►ance or pronrote our concepl of the Ciry Beautiful
desigra. I! has no historical significance and is not by any architectura!
meastire a landmurk.
"It is a white Elephant ", its idenliry does nolhing to help merchandize the
shoppin� center at all. Il shrruld be removed in an effort to emphasize and
encourage an open-air Medrterranean shopprng cmd dining experience wrih
sidewalk cafes and garden �ourts. By remaining, it would block visual access
and reduce parkrng.
• There should be some transition and connectivity between the two separate
centers to open up the market and encourage pedestrian movemcnt between
both areas.
We agree, that 's exactly wi►at we have ir�dicated with the continuaus
pedestrian passage. It is strategically located within the center of the site
run»ing from US # 1 to the existing courtyard. Its materials rnrd Icmdscape are
in keeprng wrth the existing courryard design. Its wide path i.c ideal for lhe
occasional arls and crafts .show. Ils desi�n and location promotes relationship
of building to site.
• The south end of the propased retail center, which is intended for a bank,
could become a freestandir�g out parcel.
The bank is not a scheduler� tenant, Splrtting the huildings and creaiing
separate structures would require moving one of structures into the Anchor
tenani parking field.
�ul 08 02 04:48p Hrur R. Rrthur 3054� 7960
p.5
Onkbrook Continued ... ... ... ... .....4
Poor exposure, competition in developing areas a�rd changes in the industry hcrs
made it almost rmpossible for Oakbrook's Ioca! tenants ta survive. Our vision is to
work tn consolidate and strengthen the [ocal retaf! environment.
The only real cure is �o remove visual obstructions and built upon marker strengrhs,
[arget specific niches and an optimr�m mix of shops.
We ull wcnl! the best possible solutiqn for Onkbrook and its tenants, and we can all
agree Ihe shopning center does not ;do well as it is designed today.
We need to make changes and we rr�ed to act now.
This is not a start from scratch pro�iect, we have existin$ tena�rts, budgets, leasing
criteria, and lime schedules that ar� the driving desrgn force.c. We can all solution
sel! our design ideals hut, we need !o be practical and capable of being able to put to
use a plan that works within the ow�Ters program. As you are aware, the mirri-mall
concept does not work unless there are anchor and national tenants that justify the
reducrion of visuul access to the locals. By removing the courtyard edge retail
buildings, we 've eliminated the Mimi Mall concept and have provided the rear local
tenants with visibility.
If you have any additional commer►ts, please forward accordingly and we'll address
them as soon as possible.
Thank you for all your help and support, and we look forward to meeting with the
commission again on July 23, 200:?.
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CITY OF PALM BEACH GARDENS
MEMORENDUM
TO: Jackie Holloman, Planner
DATE: September 4, 2002
APPROVED BY: Mark Hendrickson, City Forester�'IZ/��'
FROM: Bonnie Peacock, Forestry Technician I�,P
SUBJECT: PUD-02-03, Oakbrook Square PUD Amendment — Revised Plans
I have reviewed the above petition and have no additional comments at this time.
1�
EXECUTIVE OFFICE:
July 29, 2002
5��..I�O�..IJ� V�1 � I Authori MailingAddress
� � P.O. Box 109602
Palm Beach Gardens,
Florida 33410-9602
Ms. Jackie Holloman
Planning & Zoning Division
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Oakbrook Square PUD Amendment
Dear Ms. Holloman:
d �r c� �
/ �
�/ ✓���/
7-�/��
_T I-� .
VIA FAX 799-4281
We offer the following comments on your transmittal dated July 24, 2002 conceming the referenced
project..
1. The applicant needs to depict the existing 10" water main along the west property line on the
landscape plans and provide appropriate setback language on the plans
2. The applicant needs to upgrade the backflow prevention devices on the anchor tenant store's
fireline and potable water service line.
Please call if you require additional information.
S incerely,
S AST UTILITY AUTH TY
� � �
Bruce regg
Director of Operations
ad
cc; R. Bishop
S. Donahue
J. Lance
S. Serra
.... .. ............
� ; �.
4200 Hood Road, Paim Beach Gardens, Florida 33410-2198 "`=�=�-
Phone: Customer Service (561) 627-2920 / Executive Office (561) 627-2900 / Fax (561) 624-2839
��Kimley-Horn
and Associates, Inc.
Maroh 28, 2002
Revised May 1, 2002
Revised July 22, 2002
Reviscd August 1, 2W2
Revised August 13, 2002
Mr. Hs�nk Schnitzer
Equity One Realty 8c Managemcnt, Inc.
11G82-A U.S. FTighway 1
Palm �each Gardcns, Ftorida 33408
Ra: Oakbrook Shopping Center
PGA Lioulevarcl a� tf.S. 1
Palm Beach Garciens, Florida
040y'110W
Dear Mr. Schnitzer:
As recluese,ed we have prepared tbis letter to address any Urlffic changes associated
with pmposed modifications o1' buildings on the site referenced above. As you have
outlined, the existing site has 234,028 square feet of buildin� area and 1,126 parking
spaces. After the recon�guration of the site is complete, there will be 230,020 square
feet of building acea and 1,080 parking spaces. Thus the propc�ed site plan will
contain less buildin� square footage than 1hc present site plan,
The traffic generatit�n of a sho�ing ccnter is a funcqon of building square footage.
Since the building squnre foota�e will be rectuced, the trip generation potential of the
site will be reduced. Thcrofaie, the exisring site will generate mor�e trips thnn the
proposod site and c6ere are no traffic ecmcurrency issues triggered by the
modification.
If there are any yuestions, plcase do not hesitate to cnil.
Very truly yours,
HIMI�Y-HO SSOCI .INC.
,
3o B. Pollock, Jr., P.i�..
Principal
7PB/lem
Cc: DorAn Valero
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Seven Cities: Northern Palm Beach Count� US 1 Corridor Study
Jupiter
Juno Beach
North Palm Beach
Riviera Beach
Lake Park
Pa1m Beach Gardens
Tequesta
DOVER, KOHL & PARTNERS TREASURE COAST REGIONAL PLANNING COUNCIL
�
Given its geographic position and history, the US
Highway One corridor through the seven cities of
northem Palm Beach County should be one of the most
interesting places in Florida. The experience of living
and working and shopping along the corridor— or just
passing through— shouid be one of the delights of our
region. Around it, a diverse, sustainable economy and
an enchanting community life should be biooming and
regenerating, year after yeaz.
But where the best should be, the US 1 comdor is now
the kind of road that most investors and residents prefer
to avoid. A unique location on the continent is being
treated as if it were Anywhere, USA— a place where
real estate values and cominerce have been traded down
for rush hour traffic capacity.
Five decades of single-minded road widening and bland
development have taken their toll. In response, much of
what is being built today tums its back on Highway One,
as if the communities have }ust given up on it. What
wiil be done to make this corridor work for people,
instead of just for cars?
Because of the exposure and access US 1 offers
businesses, the properties that front this corridor should
be some of the most valuable real estate in the region.
Yet many of the developments are aging and are
approaching obsolescence. What wili replace them?
1�vcn Citics: �lorchcrn P.ilm tir.ich Cu�mc} US I C�m�iJur Snnl�
Who Cares About US 1?
The road remains inconvenient because of the lack of
connections with surrounding communities. It is
jammed at some times and empty at others as a result of
zoning practices that have separated land uses into auto-
dependent pods. Worse still, its design makes Highway
One the kind of road that scares away pedestrians,
cyclists, and transit users alike.
Choose Your Future
During the process of creating this report, many local
participants expressed the need for immediate action.
They want to raise their communities' ambition for US 1
to a higher level. This Master Plan is the tool for an
historic turnaround, if the Seven Cities work together as
a united group. Great visions of what could be done
have been drawn up. Coherent ideas for replacing the
current chaos have emerged from seven communities
working together on this project. These are attainable
visions, not just pretty pictures. The physical place that
could grow during the next generation would be a
national model of inspiration, practicality, and wondec
Leave A Worthy Legacy
This is an interesting time in the history of this region,
perhaps even comparable in some ways to the 1920s
when Florida was being rapidly settled. To lure people
to the unsettled territory, developers went out of their
way to create beauty and a sense of history. In the
process, talented designers left marvelous gifts to future
generations in Addison Mizner's Boca Raton, George
Merrick's Coral Gables, John Nolen's new towns, and
the work of Olmsted's firm in Lake Park. Now, at the
tum of the millennium, Florida communities are
resuming work on this legacy. It is time for US I to
mature past the "anything goes" mentality, which has
evidently gripped the corridor for so long. Imagine what
your grandchildren might see in this place.
Revitalizing US 1 is central to the future of the regional
economy and to the quality of life in all seven of these
cities.
You're all in this together. And despite the web of
inertia and past error, there is still hope. Using the
images and designs in this booklet, seize the vision for
making the Seven Cities Corridor one of the most
memorable places in Amenca. Join forces to transform
the corridor's physical image and performance by doing
something each year. Start small if you must, but start
now.
Who shou[d care about US 1? Everyone should!
I.�'_
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Commer�ts from the Charrette Workgroups
Regarding the street
Bury the utility lines.
Increase landscaping in the US 1's median.
Regarding the frorfing buildings:
At PGA Boulevard and US 1, create a sense of artival fn a new
Main Street area.
As buildfigs are redeveloped or newly constructed, position the
new buildings ffi the sheeYs edge.
Regarding a�joining properties:
Oakbrook Mall and the ofher adjoining properties can redeveiop
over time into a moced-use dawr�own with shops, offices and
apertrneMs.
Create more public squares and green areas as part of the new
downtovm.
Sevrn Cides: NordleTn Pahn Bcach Councy US 1 Cocndor Scudy
Palm Beach Gardens
The Intersection of "Main & Main"
Of the seven cities, Palm Beach Gardens has the teast
amount of real estate fronting US 1. Nonetheless it is an
area that has tremendous potenrial given its geographic
position and given the importance of PGA Boulevard to
the larger tr�c picture.
The key to unlocking this potential will be creating a
lasting identity. This can be accomplished by focusing
stcategic redevelopment at the intersection of PGA
Boulevard and US 1, forming a brief "node" of urbane
form and of architectural distinction.
Today, as one travels from North Palm Beach on the way
to Juno Beach, for example, you might not Imow that
you've even passed through Palm Beach Gardens. This
is hard to overcome with mere signs, but can be easily
rectified by transforming the image and feel of the
corridor itself. Wholesale redevelopment is one way to
carry this out. Another is to convert existing strip
centers into a Main S�eet format via a more incremental
approach, by filling in the area closer to the road with
buildings and rearranging the parking scheme in phases.
For example, Oak Brook Mall on the northeast comer of
PGA Boulevard & US 1 could be reshaped, with much
of the area cuirently used by parldng lots replaced by
buildings, greens and paseos. (This obviously suggests a
move to s�uctured parking, which may or may not
currently be justifiable under current property values and
market conditions, but will almost certainly be
justifiabie eventually.)
We understand that Palm Beach Gardens has under�aken
a targeted citywide effort to create parkways along
major corridors like PGA Boulevazd, employing wide
setbacks; at its best this could help create a landscaped
scene reminiscent of the City Beauriful movement. That
general approach is correct and should be applauded.
However, note that this "main / main" intersection at
PGA and US 1 is the appropriate sort of place to vary
from that parkway standard, in order to bring buildings,
pazking and sidewalks into the right urban design
grammar. This is the very kind of place to which great
parkways are meant to lead, following the City Beautifut
tradition; this can be an exception that makes the rule
meaningful.
This crossroad can be the jewel of Pa1m Beach Gardens,
and may even show a good way to fix up parts of the
larger city out west. The intersection of Main & Main
will showcase how humanizing commercial
environments can be good for business.
9.02
�
MimerParkin Boca Raton, Florida is a success siory. What once was a dead slrip mall has been
hansformed iMO a vNal mixed use retail sheet. Parking is solved by providing on-street parking
forretail as weli as parking structu2s behind the building.
Palm Bc�ch Gar��n<
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Close Up Plan of PGA Boulevard � US 1
Wide medians provide refuge Parking behind buildings prevencs
for pedescrians crossing US 1 / the loss of che s�reet s spadal
Civic p[azas in
fronc of mall
� NORTH
0 300' 600' 1200'
Buildings should be
broughcco the
propercy line to create
spatial definicion
...« ..� �.. ....� _.
matl and parkeng
[ot into a
shopping discriu
Existing Photos of the intersection of US 1& PGA Boulevard
�«��.x..�,.,�. �, �„ ...... ..........._ ..
difficult for pedestrians co cross
Palm E�och G,ir�l�ns
Building sec back from che comer
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Narrow median does not protect pe� ans
caughc becween ligh�s
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Future View of US 1 Looking North
Architeuure should follow Mixed-use buildings provide "eyes
traditional examples on �he stteei' a� all times
------ ._. . _.... _.. _--- --.. . -- -.
-- _ _ _ ."'—r
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. On street parking provides a barrier between
moving cars & pedestrians as we(I as "�easer"
parking
�e���•n Cicic.;: ��,rthcrn P;dm lic.ich C;��unc� C.tiI Cnrri�lnr tiai.k
.,<<au� �,��� < «�,.,a�� �,�.�.., ..,
slow down 6c help form the space
Awnings provide shade &
protec[ion for pedestrians
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Engineering Considerations for
Palm Beach Gardens
Existing Conditions: Typical Urban Area
The Ex�pp,Typicel US 1 Sectionconsistsofa one�hundredtwentyfoot(120'-07
wMe rightof-wey with hvo (2) eleven foot (11'-0' wide soulh6ound and two {2)
eleven foot (1 T-0� wide noAhbound aspheR pavemem travel lanes, a fourteen
foot (14'-0� wide p�aes medlen with eighteen inch (1'-8� wlde curb and gutter an
either side, and eighteen Inch (1'-6� wide curD and gutter at the edgea of fhe
oufside travel lenea. in add�tlon, green strips (21' wide) and sidewalks (5 ro 6'
wide)are presentadJeceMtott�eeastemandwestem rigM-of•waylimib.
Proposed Cross Sectfon: Typical Main Street Area
(Curb and gutterat oulaide lanes)
The�US 1 SeCtbn consisfs ofreieiningthe existlng one hventy hund2d
foot(120'-0�uviderigM-of-weyandincorporatingthefiilowfng modfAceUons:
Remov'mg ihe e�dsdng sidewa0�s (wfdUi vades) and constructlng new
nfieteen foot (19'-0� wide afdewalks wiih seven foot (T-0") wide tree
plenters in each heif of the rightof-way.
Introducing eigM and ane-helf fiot (8'-6� xride parallel parking spaces
adjacent b ttre new sidewaiks, induding e(ghtsen inch (1'-6'� wide curb
andgutterin boththeSoufhandNorthdhacdons.
Irtcreasing the fouKeen foot (14'-0� wide grass median to eigMeen feet
(18'-0�inwidth.
The �Q,g to consWd ihe Proposed SacBon, induding pavement
resurfacing, drainape Improvements and ralated conshuctlon is
approximately 5330 per Meal foot, suhject to the t�ilowing Notes and
Aesumptions.
Seven Ciries; Nqrt�em Palm Beach Counry LIS 1 Comdor Study
Natea and Aeaumptions
The preceding estlmete doea not Include coeta related m right-0Rwey
acquleWon, mrtigatlon, trafflc signeliza�on or elgnege, utllity relocatlon, or
landncaping otherthen eodding.
The Ilnear foot eatimetea for roedwey coneWCUon aeaume thet Ne exietlng
pavement can be mllled and reeurfaced to achleve fhe desired aoes eectbn.
If theexleUng dralnage ayatem,wherepreaent, Is adequate and an be utllized in
the propoaed canstrudlon, the Iinear foot coet eetlmete may decreaee by ea
much as$100llinearfoot.
if exisUng utliity poles are to be removed and repleced with an unde�g�ound
elecVic hansmlesionldiafiDutlon system, the Ilnear foot cost esUmate may
increese for each side of the dght-0f-way where polee are preaent
The Iinearfoot cost eaUmates contalned herein are "arder of magnitude' flgures
and eppropriate contingency peroentegea should be epplled when prepadng
prellminery cast ee8mates.
9.08
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PUD AMENDMENT SUBMITTAL
11561 U.S. HIGHWAY 1
PALM BEACH GARDENS, FL.
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Proposed Outparcel Building/Front Elevation
SHEET INDEX
GENERALINFORMA730N OUTPARCELBUILDING
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LOCATION SKETCH
N.T.S.
AERIAL PHOTOGRAPH
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DEMOLITION NOTES:
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: September 16, 2002
THROUGH: Charles Wu, Growth Management Administrator �,�,
FROM:
SUBJECT
Mark Hendrickson, City Forester �l�f�
Workshop: City Signage for Pending Projects
Three pending development applications along Donald Ross Road have raised the
opportunity for City gateway signage in this area. Specifically, these projects are the
Legends at the Gardens (southwest corner of Central Blvd. and Donald Ross Rd.),
Donald Ross Village (between Central Blvd. and Military Trail, south side of Donald
Ross Rd.), and Evergrene (between Military Trail and Alt. AlA, south side of Donald
Ross Rd.).
As a matter of policy, staff has indicated to developers during the review and approval
process the City's desire to locate City gateway signs consistent with the 1997 map
generated by the Beautification and Environmental Committee (B&E). The only change
to the map is the recent direction from City Council to potentially have a sign located at
the potential interchange at Central Boulevard and I-95.
We believe it is an appropriate time to seek direction from City Council on the sign
program, so City staff can inform the developers and maintain some consistency along
our northern City boundary. Staff needs direction on the following:
� Does City Council want a gateway sign on both sides of Central Boulevard, both
sides of Military Trail and west side of Alternate AlA? For a gateway sign to be
effective for both sides of Central Blvd. and Military Trail, the size, height, and
setback need to be carefully considered and coordinated between the three
proj ects.
• Does City Council want to keep the existing gateway design or have the
development community design a new gateway sign for City approval? If the
City Council desires a new gateway design, is it the City Council's desire to
have both the P&Z Commission and B&E Committee review this new design?
The design approved by the City Council will dictate all entryway design for
three aforementioned site plans.
• Is it the City Council's intent for developers to install, landscape, light and
maintain such signage?
Workshop: City Signage
September 16, 2002
Page 2
• When does City Council want the gateway signs installed?
There is a timing factor associated with processing a new gateway design since all three
projects are in various stages of approval. Staff looks forward to your discussion and
guidance.
Cc: Ron Ferris, City Manager
Sheryl Stewart, Asst. to City Manager
Hank Slcokowski, UDS
Ed Tombari, Senior Planner
Kara Irwin, Senior Planner
Talal Benothman, Principal Planner
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Sheryl Steward, Asst. to City Manager DATE: 12/31/O1
APPROVED: Charles K. Wu, Growth Management Director �(,G"�.
FROM: Mark I. Hendrickson, City Forester `%'! //�
SUBJECT: City Sign Pro
In 1997, City Council reviewed three Beautification and Environmental Committee
recommendations concerning what is now considered the "City Sign Program." At that
time, it was recognized that two signs could be useful. One type sign should designate the
City's boundary limits, and one could be more of a"gateway" sign.
The City Council agreed with potential sign locations, but changed the installation
priority. Attached is a City map that indicates potential sign locations. There was also
an unwritten policy that as projects came up for review around the City's boundary
limits, City staff would request gateway sign locations. The reason for the request is
because the City limit sign, which is a small FDOT sign, would be replaced with the
much larger monument sign.
Through the work of LBF&H and the Public Works Department, several FDOT signs
were permitted and installed by 1998. Examples of this sign are still existing south
bound on I-95 south of Donald Ross Road and north bound on Alt. AlA at the C-17
canal. This worlc was not finished and more can be permitted and installed.
In July of 1997, City Council approved locating a mock-up version of the "gateway" sign
at the southeast corner of PGA Boulevard and the Ronald Reagan Turnpike interchange.
The City Council did change the original design to include a curved back behind the
leaves. This sign was funded by an agreement made between the City Council and the
developer of the Devonshire Nursing Home in the PGA National Commerce Park. This
sign was not constructed until late 2000 due to cost constraints. It should be noted that
consideration was made to use art-in-public places funds for this signage. The Art
Advisory Committee obj ected to using art funds because signs are considered functional
art rather than the more preferred abstract art. Since then, two other potential sign
locations have been tacked on to project approvals, but not funded. These are the
Costakos property on Northlake Boulevard and City Centre on US 1.
By August of 2000, the City had installed two small gateway signs, using the design of
the larger gateway sign, through the work of the Neighborhood Initiative Task Force
group, which later formed the Gardens Neighborhood Association. One is located at the
corner of Military Trail and Arbor Way, while the other is located at Lighthouse Drive
just west of the railroad tracks.
In conclusion, unless different direction or studies are forthcoming, the small and large
gateway sign design, permitted FDOT City limit sign, and the location map are the
foundation of the City's Sign Program. I would suggest that there should be one person
in charge of the City Sign Program. Of course, a lot more can be done, if priorities can
be determined and these signs can be funded.
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XIII. ITEMS FOR DISCUSSION:
d. Workshop — FPL Lighting options for Burns Road.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
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Name: �- ���� V� Y�n ��_ C` l
Address �� L �P h, � C � +
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Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time fimit for each speaker is limited to three (3) minutes.
Experience the NEVI/ and IMPROVED Palm Beach Gardens Goif Course!
Come see what we've donei
Upcoming events:
Saturday, 4ctober 19t'' — RESIDENTS DAY!! $10 for 18 holes for Palm Beach Gardens Residents!
If you can't make it in the day, join us for a
5:OOpm - Twilight Concert on the Green with Florry Duncan & The Tropical Sons
Bring a picnic basket or buy a burger at our Grill. Join us for this day of fun in the sun!
Saturday, November 9t'' — Mayor's Tournament — 9:OOam $50 per person or $175 per foursome
To benefit the Recreation Scholarship Fund of Palm Beach Gardens
Come out and win some great prizes and have a goad time for a good cause!
Saturday, November 16t" — 5K Fun Run — 7:OOam
Palm Beach Gardens Residents receive a discounted rate
with proper identification!
Resident rates through October 31 st:
$22, Before noon, $16 After noon
626-PUTT
wwwgardensgolf.com
Check out our website for upcoming events and specials.
Managed by The City of Palm Beach Gardens.
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: October 17, 2002
Ron Ferris, City Manager
FROM: Jack Doughney, Community Services Administrator
SUBJECT: Tree Rescue
The purpose of this memo is to make you aware of efforts on the part of City staff to
salvage trees and plant materials from areas impacted by the impending I-95 construction
project. The widening of I-95 from Blue Heron Boulevard to PGA Boulevard has been
accelerated by approximately four years and the widening will impact several landscaped
areas in the City. As part of the City of Palm Beach Gardens philosophy to salvage trees
whenever possible, a plan had been developed and implemented to save the 272 trees
affected by the widening.
The 39 trees in the medians under I-95 on Holly Drive are being moved to Oaks Park to
provide additional shade for the tot lot and walking trail. Work has begun on moving
these trees this week.
Approximately 219 trees from all four corners at the intersection of I-95 and Northlake
Boulevard will be relocated to the Burns Road Community Recreation Campus and
incorporated into the landscape plan at a substantial savings to the City. Many of the
flowering trees will be moved to the Lakeside Park at Lake Catherine.
In addition, approximately 14 trees in the southwest quadrant of the intersection of I-95
and PGA Boulevard located in front of Embassy Suites will be moved to the Burns Road
Community Recreation Campus. Included in the 14 are 5 Oak Trees, to replace some of
the trees that did not survive the relocation process along Burns Road.
City staff is pleased to be part of this "Tree Rescue Program". This proves once again
that Palm Beach Gardens goes above and beyond the standards to save trees. For more
information, call the Parks Office at 775-8261.
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council
Ron Ferris, City Manager
DATE: October 17, 2002
THROUGH: Jack Doughney, Community Services Administrato
FROM: Angela Wong, Project Manager�''
SUBJECT: Existing Parks Improvements Project — City Project No. 2002-022
October 19, 2002 Workshop Summary
As you know, the City has scheduled a Parks Programming Workshop this Saturday, October
19�', beginning at 9 am at the Burns Road Community Center. The workshop is being held to
collect information from the general public, user groups, and any other individuals or agencies
that have an interest in improving and/or upgrading the City's existing parks. Attached is a draft
workshop agenda for your information. Giatting Jackson, the City's consulting firm, will be acting
as the lead presenters for the day, and will have several representatives on-hand to help guide
the participants as well as City staff.
Each park is scheduled for a specific 1 hr 45 minute time slot as listed on the agenda. During
that time slot, City staff, a Glatting Jackson representative, and the public will be separated into
individual tables to discuss one park. Therefore, there will be three to four discussions during
the same time period at separate tables. Any individual may change tables at anytime if they
desire to be included in discussions for a different park that is scheduled for the same time
period. Comment cards will also be available at the welcoming table for those individuals who
wish not to participate in the group discussions. Any individual is welcome to come only during
the time period when their specific park interest is scheduled if they so desire.
A City staff member has been designated to be the liaison for each park, and will provide
current information regarding the park during each discussion. Glatting Jackson will be
providing aerial photographs, site plans and plan alternatives in addition to listing the groups'
improvement suggestions. Each group will be asked to rank the top three most important
improvements from the lists created. At the end of the day, Glatting Jackson will summarize the
day's results and provide the participants and audience with the next stages of the project.
Breakfast and
free to contact
561.775.8270.
AW/aw
Attachment
lunch will be provided to all attendees. If you have any questions, please feel
me at 561.799.4234, or Charlotte Presensky, Recreation Division Director, at
We look forward to your attendance. Thank you.
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: October 17, 2002
Ron Ferris, City Manager
FROM: Jack Doughney, Community Services Administrato
SUBJECT: Plat 4 Resident Meetirig October 14, 2002
The purpose of this memo is to give you an update regarding the resident meeting that
was held on Monday evening, October 14, 2002. Approximately 20 residents attended
the meeting even though 360 invitations were mailed out.
City Engineer Dan Clark presented the project plan set to begin in January 2003. The
first phase will consist of partial drainage improvements on the north and south ends of
Banyan Street. Phase 2 consists of the completion of these drainage systems, as well as
partial drainage improvements to the Hazel Avenue system. The third phase is the
improvements to the remaining 7 systems located in Plat 4.
Tracy Robb and Bob Patty from NPBCID attended the meeting and answered questions
regarding the EPB-3C Canal to the north of Plat 4 behind the homes on Linden Avenue.
Also, in attendance was the piping contractor D.S. Eakins.
The Mayor addressed the group regarding a possible bond referendum in March 2003 to
repair all drainage throughout the City. Residents were receptive to this idea.
One resident activist expressed his displeasure with his neighbors for not attending the
meeting and their apathy in regards to an important issue concerning their neighborhood.
_ __
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WATTERSON &. HYLAND
PROFESSIONAL ASSOCIATION
City of Palm Beach Gardens
Monthly Billing Summary
Current Charges for September, 2002
Account RE:
No.
319.000 Retainer
319.052 V. Vavrus
319.062 Miscellaneous Hourly Billing Matters
319.072 Municipal Complex Construction
319.090 Burns Road Widening
319.094 Tanglewood Code Enforcement
319.096 V. Architectural Design Group
319.097 John D. & Catherine T. MacArthur Foundation Et AI
319.100 Kyoto Gardens Dr. Railroad Crossing/Appeal
319.101 V. Dr. Robert Burke
319.102 V. Christ Felfowship Church(Rluipa Claim)
320.009 Golf Digest
320.016 WCI Development Agreement
320.017 Catafulmo Construction
320.023 Divosta & Co. (Florida Investment Venture)
320.025 Toll Brothers/Frenchman's Reserve
320.029 Crossroads at Northlake - Unity of Control
320.030 Borland Center/Palm Bch Community Church
'� Total Current Work
RECEIVED
CITY MANAGER'S �FFICE
�T 16 ,20QZ
BALANCE DUFs' ON 10 — 21— 0 2
IF YOII HAVE ANY QUESTIONS
CONCERNING TIiIS STAT}3MENT, PLEASE CONTACT US INII�2EDIAT}3LY
*** PLEASE REFBRSNCE YOUR ACCOIINT NUMBER ON YOUR PAYMfiNT ***
Amount
Due
15,400.00
324.00
1,948.00
140.00
101.20
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31.00
1402.35
93.00
355.50
372.00
317.00
$54,921.20
4100 RCA BOULEVARD • SUITE 100 • PALM BEACH GARDENS • FLORIDA 33410
TELEPHONE: (56 I) 627-5000 • FACSIMILE: (56 I) 627-5600
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
.
Name: �-� � �� V� V1n � �-!`�
Address:
c�ty: � � `� �„ , -
� •
Subject:
r.
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Constitutional Amendment Petition Form
Ballot Title:
Florida's Amendment to Repeal the Provision That Requires High-Speed Ground
Transportation
I am a registered voter of Florida and hereby petition the Secretary of State to place the
following amendment to the Florida Constitution on the ballot in the general election:
Article 10, Section 19, Florida Constitution, is amended to read:
HIGH-SPEED GROiJND TRANSPORTATION SYSTEM — Proposing an amendment
to the State Constitution to repeal the provision that requires the development and
operation of a high-speed gound transportation system in the state.
Ballot Summary
Proposes an amendment to the State Constitution to repeal the provision that mandates
the development and operation of a high-speed ground transportation system in the State.
This will leave decisions concerning State transportation systems to the State Legislature.
Name:
Please print name as it appears on voter I.D. card
Street Address:
City: Zip: County:
Is this a change of address for voter registration?
Yes No
Voter Registration Number: (Or) Date of Birth:
Date Signed: x
Signature of Registered Voter
Paid Political Advertisement by For Office Use Only:
Derail The Bullet Train Serial Number:
Date A��roved:
A person who knowingly signs a petition for an issue more then one time commits a misdemeanor of the first degree, punishable as
provided in s.775.082 or s. 775.083, Sedion 104.185, Fla. Stat.
Derail The Bullet Train, 18635 Sea Turtle Lane, Boca Raton, FI 33498
murley@adelphia.net
,-----------------,----------
·REVISED 10116102
City of Palm Beach Gardens
Council Agenda
October 17, 2002
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
~Cl.A--~ _ 1 ·.or
~-~:s-(
/Mayor Jablin
)(:Vice Mayor Sabatello
~·.~£..(. '?:rr
/Council Member Clark
~ouncil Member Russo
/Council Member Delgado
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
October 17, 2002
7:00P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
a. ADDIT~, Items for ~?n -Worksp4 -FPL Lighting options
for B7rn;R.;ad. l)l1) M.. £-yt..(tcyt_
b. DELETIONS, Consent Agenda -Item G -Resol ution 173, 2002.
IV. ANNOUNCEMENTS I PRESENTATIONS:
V. ITEMS & REPORTS BY MAYOR AND COUNCIL:
VI. CITY MANAGER REPORT:
a. (Page 6)LaR.ue Management -Charter Review/Referendum -Presentation
to be made at the November 7th Council meeting.
b. (Page 7)Charter Review Committee Status -Presentation to be made at
the November 7th Council meeting.
t ~ ff VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please
submit request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Paee 8)Proclarnation -Declaring November, 2002 as National Epilepsy
Awareness Month. Consideration of Declaring November, 2002 as
National Epilepsy Awareness Month.
b. (Page 9)Resolution 175, 2002 -FRDAP Grant Agreement for the District
Park Project. Consideration of approving the FRDAP Grant Agreement for
the District Park Project.
c. (Page 30)Resolution 172, 2002 -Award of Bid for the Lease of a New
Fire Engine. Consideration of approving the lease of one 2004 Fire
Engine from Pierce Fire Equipment, Inc.
d. (Page 70)Resolution 179, 2002 -Establishing a Contract price with
Ranger Construction for Pavement Resurfacing and Swale Restoration.
Consideration of approving the Contract price with Ranger Construction
for Pavement Resurfacing and Swale Restoration
e. (Page 92)Resolution 181, 2002-Award Bid for Fire Station Number Five
to O'Connor and Taylor Construction. Consideration of approving the Bid
Award for Fire Station Number Five to O'Connor and Taylor
Construction.
f. (Page 235)Resolution 182, 2002 -Mirasol Way East entry gate feature.
Providing for the approval of modifications to the East entry gate feature
within the Mirasol PCD, located at the intersection of Jog Road and
Mirasol Way.
g. (Page 251) ITEM PULLED BY ENGINEERS Resolution 173, 2002 -
Gables at Northlake Subdivision Plat. Consideration of approving the
Gables at Northlake Plat. PJII~ r -o
h. (Page 257)Resolution 185, 2002 -Consider approval of a proposal from
LBFH, related to the roadway improvements project # 2002-025.
Consideration of approving the proposal from LBFH, related to the
roadway improvements project # 2002-025
i. (Page 267)Resolution 187, 2002 -Approving the Frenchman's Reserve
Plat "B" Plat. Consideration of Approving the Frenchman's Reserve Plat
"B" Plat.
j. (Page 272)Resolution 188, 2002 -Approving the Frenchman's Reserve
Plat "G" Re-Plat. Consideration of Approving the Frenchman's Reserve
Plat "G" Re-Plat.
' . ----------~--------------------------
IX. PUBLIC HEARINGS:
(Paee 277)Qrdinance 36, 2002 -City Median Landscaping -Amend
LOR's (Second Reading) An ordinance of the City Council of the City of
Palm Beach Gardens, Florida, relating to l'O"adway beautification;
amending the City Code of Ordinances by amending chapter 62, "Streets,
Sidewalks, and certain other public places," To create a new section 65-
215, "Landscaping and Maintenance in public road rights-of-way," And
amending chapter 78, "Land Development," Article V, "Supplementary
District regulations," Division 7, "Landscaping," Section 78-324,
"Landscaping in public road right-of-way," And division 9,
"Subdivisions," section 78-488, "Frontage on improved streets," and
section 78-498, "Road surfacing and Improvements," providing for
codification; providing for conflicts; providing for severability; and
providing for an effective date. fQJ~ '5'-o
(Paee 311)0rdinance 28, 2002 -Residential Mixed-Use Intensity
Measures and Special definitions (First Reading). An ordinance of the
city council of the City of Palm Beach Gardens, Florida, providing for an
amendment of section 78-157, "mixed use planned unit development
overlay district," of articl~v "zoning districts," of chapter 78 "land
development," of the city c~e of ordinances by amending the definition
of development; providing for codification; providing for severability;
providing for conflicts; and providing for an effective date. f~ 5" -o
X. RESOLUTIONS:
XI. ORDINANCES: (For Consideration on First Reading)
a. (Paee 358)0rdinance 39, 2002-Prosperity Centre/T.J. Maxx Amendment
(First Reading). An ordinance of the City Council of the City of Palm
Beach Gardens, Florida, providing for approval of an amendment to the
Prosperity Center Planned Unit Development, by approving a 9,600
square foot addition of retail space, 18 additional parking spaces and a re-
zoning of .665 acres from Palm Beach County RS-Low medium
residential to Palm Beach Gardens Planned Unit Development (PUD)
overlay with underlying zoning of general commercial (CG-1), generally
located at the southeast comer of PGA boulevard and prosperity farms
road as more particularly described in Exhibits "A" and "B" attached
hereto: providing for waivers; providing for conditions of approval;
providing for conflicts; providing for severability; and providing for an
effective date. '(V\JN~ ~~ ~ ~fii'A .k.Z ~
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XII. ITEMS FOR COUNCIL ACTION:
XIII. ITEMS FOR DISCUSSION:
a. (Paee 395)Legal Services Analysis.
b. (Page 414)Workshop Regarding Ordinance 37, 2002 -Oakbrook PUD
Amendment, Relocation of retail (Discussion). An ordinance of the City
Council of the City of Palm Beach Gardens, Florida, providing for
approval of an amendment to the Oakbrook Square Shopping Center
Planned Unit Development (PUD) by demolishing an existing 10,008
square-foot retail building, creating a new 35-car parking pocket, adding a
new 6,000 square-foot retail building alongside U.S. Highway One, and
reducing the overall square footage of the shopping center, located at the
northeast comer of PGA Boulevard and Highway U.S. One, as more
particularly described herein; providing for waivers; providing for
conditions of approval; providing for conflicts; providing for severability;
and providing for an effective date.
c. (Page 474)Workshop Regarding City Entryway Signage
_d._ (Pa'ie.~or~Li ~tions~um~ad oP 1~ Error
XIV. CITY ATTORNEY REPORT:
XV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 86.26,
persons with disabilities needing special accommodations to participate in this
proceeding should contact the City Clerk's Department, no later than 5 days prior to
the proceeding at telephone number (561) 799-4120 for assistance; if hearing
impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800)
955-8700 (VOICE), for assistance. If a person decides to appeal any decision made by
the Council, with respect to any matter considered at such meeting or hearing, they will
need a record of the proceedings, and for such purpose, they may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.