HomeMy WebLinkAboutAgenda Council Agenda 030107
City of Palm Beach Gardens
Council Agenda
March 1, 2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Barnett Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 1, 2007
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
a. Northlake Boulevard Task Force Update.
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. (Staff Report on Page 6, Resolution on Page 8) Resolution 21, 2007 –
Addendums to Agreements for Disaster Recovery Services. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving Addenda to
Stand-By Agreements with Ceres Environmental Services, Inc., Phillips &
Jordan, Inc., and Ashbritt, Inc. for disaster recovery services; authorizing the
Mayor and City Clerk to execute the Addenda; and providing an effective date.
b. (Staff Report on Page 119, Resolution on Page 121) Resolution 22, 2007 -
Addendums to Agreements for Storm-Generated Debris Material Services. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving Addenda to Stand-By Agreements with C & W Logistics, Inc. and
Total Maintenance Building Services, Inc. for storm-generated debris material
disposal services; authorizing the Mayor and City Clerk to execute the Addenda;
and providing an effective date.
c. (Staff Report on Page 195, Resolution on Page 197) Resolution 24, 2007 -
Work Authorization to Murray Logan Construction, Inc. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a work
authorization and notice to proceed to Murray Logan Construction, Inc. based on
its existing Annual Public Works contract dated May 6, 2004, for the restoration
of the Bellewood Canal, from the Earman River Canal to Applecrest Drive, as
part of the 2002 Stormwater System Management Plan; and providing an
effective date.
d. (Staff Report on Page 203, Resolution on Page 205) Resolution 25, 2007 -
Three (3) Continuing Contracts for Professional Graphic Services. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida awarding
continuing contracts for Professional Services to Caren Hackman, Inc., Palm
Beach Media Associates, Inc., and Tara Biek Creative, LLC; authorizing the
Mayor and City Clerk to execute the agreements; and providing an effective date.
e. (Staff Report on Page 265, Resolution on Page 267) Resolution 26, 2007 –
Agreement with Palm Beach Community College. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an agreement with
Palm Beach Community College providing for the education and training of
students in the Paramedic and EMT programs; and providing an effective date.
f. (Page 272) Proclamation - Women in Construction Week.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 273, Resolution on Page 285) Resolution 14, 2007 -
Police Communication Tower. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving a major conditional use to allow for the
installation of a 185-foot monopole communication tower and associated ground
equipment on the City's property located at 9290 Park Lane; as more particularly
described herein; and providing an effective date.
b. (Staff Report on Page 289, Ordinance on Page 326, Resolution on Page 330)
Ordinance 7, 2007 – (2nd reading and adoption) Gardens Commerce Center. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to rezoning; rezoning a parcel of land consisting of 4.45 acres, located
on the West side of Riverside Drive, East of Interstate 95, North of Plat 5 and
approximately 300 feet South of Burns Road, as described more particularly
herein, from Light Industrial (M-1A) to Planned Unit Development (PUD)
overlay with an underlying zoning of Light Industrial (M-1A) to be known as
the Gardens Commerce Center PUD; providing for revisions to the zoning
district map; and providing an effective date.
Resolution 18, 2007 is a companion item to Ordinance 7, 2007 and will
require Council action.
Resolution 18, 2007 – Gardens Commerce Center. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Gardens
Commerce Center Planned Unit Development (PUD) to allow the development
of three buildings consisting of 41,577 square feet of light industrial use and
27,718 square feet of accessory professional office use on a 4.45-acre parcel, as
described more particularly herein; providing for waivers; providing for
conditions of approval; and providing an effective date
Part II – Non-Quasi-judicial
a. (Staff Report on Page 340, Ordinance on Page 350) Ordinance 8, 2007 – (1st
reading) Limitations to maximum height waivers. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to limitations on
height waivers; amending Section 78-158, Code of Ordinances, entitled “Waivers
to Planned Development District Regulations”; amending Section 78-184, Code
of Ordinances, entitled “Height of Buildings” to impose limitations on height
waivers; providing for codification; and providing an effective date.
X. RESOLUTIONS:
a. (Staff Report on Page 356, Resolution on Page 358) Resolution 30, 2007 -
Potential future growth in the “Midwestern Area” of Palm Beach County. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida related
to potential future growth in the mid-western area of Palm Beach County; urging
other Municipalities in Palm Beach County to review the proposed development
throughout the mid-western area and to request that the Board of County
Commissioners comprehensively address the land-use and transportation issues in
the mid-western area; and providing an effective date.
b. (Staff Report on Page 361) Resolution 31, 2007 - Recognizing the scientific
accomplishments of Scripps Florida. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida recognizing the scientific accomplishments of
Scripps Florida; requesting continuation of the Florida innovation incentive fund;
and respectfully requesting the leadership of the State of Florida to continue to
promote the life science industry; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 364, Ordinance on Page 366) Ordinance 9, 2007 -
Alternative method of qualifying for election. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida relating to elections; amending
Chapter 26, Code of Ordinances, entitled “Elections” to provide an alternative
method of qualifying for election; providing for codification; and providing an
effective date.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 16,2007
Meeting Date: March 1,2007
Resolution 21, 2007
SubjectlAgenda Item: Approve Addenda to Agreements with Ceres Environmental
Services, Inc., Phillips & Jordon, and Ashbritt, Inc. for Disaster Recovery Services
[ X ] Recommendation to APPROVE
1 Recommendatic
~
Reviewed by:
Christine Tatum I
City Attor w d Allan Owens
Department Director
I to DENY
Department
Advertised:
Date:
Paper:
[ ] Not Required
Affected parties
[ ] Notified
[ ] Not required
costs: $ 0.00
(Total)
$ 0.00
Current FY
Funding Source:
[ ]Operating
[ ]Other
Bud stP ct.#: NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 21, 2007
Exhibit A: Agreements
Exhibit B: Addendurns
[ ]None
Date Prepared: February 16,2007
Meeting Date: March I, 2007
Resolution 21,2007
BACKGROUND:
In July 2005, the City awarded a contract to Ceres Environmental Services, Inc.
as the primary contractor for debris recovery services, as well as alternate contracts with
Phillips & Jordan, Inc. and Ashbritt, Inc. The City entered into “Stand By Agreements’’ for
Disaster Recovery Services with all three vendors, which allows access to more
resources in the event of a disaster.
Following a disaster, these vendors may be directed to perform work on roadways
within the City that are under the jurisdiction of the Federal Highway Administration
(FHWA). In turn, the FHWA will reimburse the City for such work. However, the FHWA
requires that certain terms and conditions be incorporated into any contracts related to
emergency services conducted on these roadways. Therefore, the following Addenda
are necessary to ensure reimbursement from FHWA.
0 STAFF RECOMMENDATION: Approve Resolution 21,2007 as presented.
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RESOLUTION 21,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING ADDENDA TO
SERVICES, INC., PHILLIPS & JORDAN, INC., AND ASHBRITT,
INC. FOR DISASTER RECOVERY SERVICES; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE ADDENDA;
AND PROVIDING AN EFFECTIVE DATE.
STAND-BY AGREEMENTS WITH CERES ENVIRONMENTAL
WHEREAS, on July 21, 2005, the City Council approved the Agreements to
Ceres Environmental Services, Inc., Phillips & Jordan, Inc., and Ashbritt, Inc. for
disaster recovery services for a three-year term, expiring July 20, 2008, a copy of which
is attached hereto as Exhibit “A; and
WHEREAS, the aforementioned vendors may be required to perform services on
certain roadways within the City limits that are maintained by the Federal Highway
Ad ministration; and
WHEREAS, the City desires to amend the Agreements to include certain terms
and conditions required by the Federal Highway Administration in order to receive
reimbursement following a disaster event; and
WHEREAS, the Addenda have been prepared to reflect such terms and
conditions and are attached hereto as Exhibit “B”; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems
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 recitals are hereby affirmed and ratified.
SECTlON2. The City Council hereby approves the Addenda to the Stand-By
Agreements between the City of Palm Beach Gardens and Ceres Environmental
Services, Inc., Phillips & Jordan, Inc., and Ashbritt, Inc., and hereby authorizes the
Mayor and City Clerk to execute said Addenda.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: February 5, 2007
Date Prepared: February 5, 2007
Resolution 21, 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\addenda to standby agrnts reso 21 2007.doc
2
Date Prepared: February 5, 2007
Resolution 21, 2007
EXHIBIT “A”
STAND BY AGREEMENT
D BASTE R RECOVERYSERVI C ES
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a Florida municipal corporation ("City"), and Ceres Environmental
Services, Inc.("Contractor").
WHEREAS, the City desires to retain the services of the Contractor to provide
disaster recovery services as the primary source.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF RF P (Request for Proposal)
The terms and conditions of this Agreement shall include and incorporate the
terms, conditions, and specifications set forth in the City's Request for Proposal ##2005-
008 dated May 23, 2005, and the Contractor's Response to the Request for Proposal
#2005-008, including all documentation required thereunder.
ARTICLE 2. SCOPE OF SERVICES
The Contractor shall perform those services identified in the specifications
accompanying the City's RFP #2005-008, which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
The City shall pay to the Contractor in accordance with unit prices provided in the
Request for Proposal #2005-008 submittal for the full and faithful performance of the
contract. Regardless of the foregoing, the City reserves the right to set off against the
Contractor for any and all damages or unsatisfactory performed work by the Contractor,
and this action shall not be deemed a default by the City.
ARTICLE 4. TERM OF AGREEMENT
The initial term of this Agreement shall commence upon issuance of a "Notice to
Proceed" by the parties hereto and continue for a period of three (3) years with one
additional three (3) year renewal. The parties agree that time is of the essence in the
performance of each and every obligation of this Agreement in the event that disaster
recovery services are required.
ARTICLE 5. INVOICES AND PAYMENT
A. Invoices
The Contractor shall submit invoices to the City on a weekly basis, as set forth in
the Specifications.
B. Pavment
The City shall pay each invoice in accordance with the Florida Prompt Payment
Act ( F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act.
ARTICLE 6. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon
providing written notice to the Contractor. This Agreement may be terminated by the
Contractor upon thirty (30) days' prior written notice to the City. Upon any such
termination, the Contractor waives any claims for damages from such termination,
including, but not limited to, loss of anticipated profits. Unless the Contractor is in
breach of this Agreement, the City shall pay the Contractor for services rendered
through the date of termination in accordance with the terms of this Agreement.
ARTICLE 7, INDEMNIFICATION
The Contractor recognizes that it is an independent contractor and not an agent
or servant of the City. In the event a claim or lawsuit is brought against the City, its
officers, employees, servants, or agents relating to or arising out of the Contractor's
performance under this Agreement, the Contractor hereby agrees to indemnify, save,
and hold harmless the City, its officers, employees, servants, or agents and to defend
said persons from any such claims, liabilities, causes of action, and judgments of any
type whatsoever.
ARTICLE 8. INSURANCE
The Contractor shall meet the insurance requirements fully detailed in the RFP
#2005-008.
ARTICLE 9. MISCELLANEOUS PROVISIONS
A. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be hand
delivered, telecommunicated, or mailed by registered or certificated mail (postage
prepaid), return receipt requested, to the following addresses:
2
As to the City:
with a copy to:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Facsimile: (561) 799-41 11
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Facsimile: (561) 799-4139
As to the Contractor: Ceres Environmental Services, Inc.
161 3 Foxworth Road
Bonifay, Florida 32425
Attn: David Mclntyre, President
Facsimile: (866) 228-5636
B, Entire Aareement. This Agreement constitutes the entire understanding
and agreement between the parties with respect to the subject matter hereof.
C. Bindinrl Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable
by the parties and their respective legal representatives, successors, and permitted
assigns.
D. Assianability. This Agreement may not be assigned without the prior
written consent of all parties to this Agreement.
E. Severability. If any part of this Agreement is contrary to, prohibited by, or
deemed invalid under applicable law or regulation, such provision shall be inapplicable
and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
F. Governina Law and Venue. This Agreement and all transactions
contemplated by this Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Florida without regard to any contrary conflicts
of law principle. Venue of all proceedings in connection herewith shall lie exclusively in
Palm Beach County, Florida, and each party hereby waives whatever its respective
rights may have been in the selection of venue.
G. Headinas. The headings contained in this Agreement are for convenience
of reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
3
H. Effective Date. The effective date of this Agreement shall be as of the
date it has been executed by both the parties hereto.
1. Construction. The parties acknowledge that each has shared equally in
the drafting and preparation of this Agreement, and accordingly, no Court or
Administrative Hearing Officer shall construe this Agreement more strictly against one
party than the other, and every covenant, term, and provision of this Agreement shall be
construed simply according to its fair meaning.
J. Attornev’s Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to enforce compliance with this
Agreement or interpret same, or if any administrative proceeding is brought for the
same purposes, the non-prevailing party shall pay to the prevailing party reasonable
attorney’s fees and costs, including appellate fees and costs.
K. Eaual Omortunity. The City and the Contractor agree that no person
shall, on the grounds of race, color, gender, national origin, ancestry, marital status,
disability, religion, creed, or age be discriminated against in the performance of this
Agreement.
(The remainder of this page left intentionally blank)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this$l'r day of Y'&/ ,2005.
CITY OF PALM BEACH GARDENS
I By:
Pghicia Snider, CMC,kity Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
By:
Christine P. Tatum, City Attorney
Executed by the Contractor this day of ,2005.
MENTAL SERVICES, INC.
G:~attomey_ahare\AGREEMEMS\Debrls removal - Ceres - Primary.DOC
5
STAND BY AGREEMENT
DISASTER RECOVERY SERVICES
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a Florida municipal corporation (“City”), andAshBritt, Inc.(“Contractor”).
WHEREAS, the City desires to retain the services of the Contractor to provide
disaster recovery services as the alternate source.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF RFP (Request for Proposal)
The terms and conditions of this Agreement shall include and incorporate the
terms, conditions, and specifications set forth in the City’s Request for Proposal #2005-
008 dated May 23, 2005, and the Contractor’s Response to the Request for Proposal
##2005-008, including all documentation required thereunder.
ARTICLE 2. SCOPE OF SERVICES
The Contractor shall perform those services identified in the specifications
accompanying the City’s RFP #2005-008, which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
The City shall pay to the Contractor in accordance with unit prices provided in the
Request for Proposal #2005-008 submittal for the full and faithful performance of the
contract. Regardless of the foregoing, the City reserves the right to set off against the
Contractor for any and all damages or unsatisfactory performed work by the Contractor,
and this action shall not be deemed a default by the City.
ARTICLE 4. TERM OF AGREEMENT
The initial term of this Agreement shall commence upon issuance of a “Notice to
Proceed” by the parties hereto and continue for a period of three (3) years with one
additional three (3) year renewal. The parties agree that time is of the essence in the
performance of each and every obligation of this Agreement in the event that disaster
recovery services are required.
ARTICLE 5. INVOICES AND PAYMENT
A. Invoices
The Contractor shall submit invoices to the City on a weekly basis, as set forth in
the Specifications.
B. Pavment
The City shall pay each invoice in accordance with the Florida Prompt Payment
Act ( F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act.
ARTICLE 6. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon
providing written notice to the Contractor. This Agreement may be terminated by the
Contractor upon thirty (30) days’ prior written notice to the City. Upon any such
termination, the Contractor waives any claims for damages from such termination,
including, but not limited to, loss of anticipated profits. Unless the Contractor is in
breach of this Agreement, the City shall pay the Contractor for services rendered
through the date of termination in accordance with the terms of this Agreement.
ARTICLE 7. INDEMNIFICATION
The Contractor recognizes that it is an independent contractor and not an agent
or servant of the City. In the event a claim or lawsuit is brought against the City, its
officers, employees, servants, or agents relating to or arising out of the Contractor’s
performance under this Agreement, the Contractor hereby agrees to indemnify, save,
and hold harmless the City, its officers, employees, servants, or agents and to defend
said persons from any such claims, liabilities, causes of action, and judgments of any
type whatsoever.
ARTICLE 8. INSURANCE
The Contractor shall meet the insurance requirements fully detailed in the RFP
#2005-008.
ARTICLE 9. MISCELLANEOUS PROVISIONS
A. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be hand
delivered, telecommunicated, or mailed by registered or certificated mail (postage
prepaid), return receipt requested, to the following addresses:
2
As to the City:
with a copy to:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Facsimile: (561) 799-41 11
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Facsimile: (561 ) 799-41 39
As to the Contractor: AshBritt, Inc.
489 South Andrews Ave., Suite 103
Pompano Beach, Florida 33069
Attn: Terry Jackson, Vice President
Facsimile: (954) 545-3585
B. Entire Aareement. This Agreement constitutes the entire understanding
and agreement between the parties with respect to the subject matter hereof.
C. Bindina Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable
by the parties and their respective legal representatives, successors, and permitted
assigns.
D. Assiqnability. This Agreement may not be assigned without the prior
written consent of all parties to this Agreement.
E. Severabilitv. If any part of this Agreement is contrary to, prohibited by, or
deemed invalid under applicable law or regulation, such provision shall be inapplicable
and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
F. Governinq Law and Venue. This Agreement and all transactions
contemplated by this Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Florida without regard to any contrary conflicts
of law principle. Venue of all proceedings in connection herewith shall lie exclusively in
Palm Beach County, Florida, and each party hereby waives whatever its respective
rights may have been in the selection of venue.
G. Headinss. The headings contained in this Agreement are for convenience
of reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
3
H. Effective Date. The effective date of this Agreement shall be as of the
date it has been executed by both the parties hereto.
I. Construction. The parties acknowledge that each has shared equally in
the drafting and preparation of this Agreement, and accordingly, no Court or
Administrative Hearing Officer shall construe this Agreement more strictly against one
party than the other, and every covenant, term, and provision of this Agreement shall be
construed simply according to its fair meaning.
J. Attornev’s Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to enforce compliance with this
Agreement or interpret same, or if any administrative proceeding is brought for the
same purposes, the non-prevailing party shall pay to the prevailing party reasonable
attorney’s fees and costs, including appellate fees and costs.
K. Equal Opportunity. The City and the Contractor agree that no person
shall, on the grounds of race, color, gender, national origin, ancestry, marital status,
disability, religion, creed, or age be discriminated against in the performance of this
Agreement.
(The remainder of this page left intentionally blank)
4
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IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this ~21~1- day of ~y , 2005.
I
CITY OF PALM BEACH GARDENS
ATTEST:
By:
By:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Christine P. Tatum, City Attorney
Name: w
G:bttorney-share\AGREEMENTS\Debris removal - ashbritt - alternate source.DOC
5
STAND BY AGREEMENT
DISASTER RECOVERY SERVICES
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a Florida municipal corporation (“City”), and Phillips 8, Jordan,
Inc.(“Contractor”).
WHEREAS, the City desires to retain the services of the Contractor to provide
disaster recovery services as the alternate source.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF RFP (Request for Proposal)
The terms and conditions of this Agreement shall include and incorporate the
terms, conditions, and specifications set forth in the City’s Request for Proposal #2005-
008 dated May 23, 2005, and the Contractor’s Response to the Request for Proposal
#2005-008, including all documentation required thereunder.
ARTICLE 2. SCOPE OF SERVICES
The Contractor shall perform those services identified in the specifications
accompanying the City’s RFP #2005-008, which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
The City shall pay to the Contractor in accordance with unit prices provided in the
Request for Proposal #2005-008 submittal for the full and faithful performance of the
contract. Regardless of the foregoing, the City reserves the right to set off against the
Contractor for any and all damages or unsatisfactory performed work by the Contractor,
and this action shall not be deemed a default by the City.
ARTICLE 4. TERM OF AGREEMENT
The initial term of this Agreement shall commence upon issuance of a “Notice to
Proceed” by the parties hereto and continue for a period of three (3) years with one
additional three (3) year renewal. The parties agree that time is of the essence in the
performance of each and every obligation of this Agreement in the event that disaster
recovery services are required.
ARTICLE 5. INVOICES AND PAYMENT
A. Invoices
The Contractor shall submit invoices to the City on a weekly basis, as set forth in
the Specifications.
B. Pavment
The City shall pay each invoice in accordance with the Florida Prompt Payment
Act ( F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act.
ARTICLE 6. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon
providing written notice to the Contractor. This Agreement may be terminated by the
Contractor upon thirty (30) days' prior written notice to the City. Upon any such
termination, the Contractor waives any claims for damages from such termination,
including, but not limited to, loss of anticipated profits. Unless the Contractor is in
breach of this Agreement, the City shall pay the Contractor for services rendered
through the date of termination in accordance with the terms of this Agreement.
ARTICLE 7. INDEMNIFICATION
The Contractor recognizes that it is an independent contractor and not an agent
or servant of the City. In the event a claim or lawsuit is brought against the City, its
officers, employees, servants, or agents relating to or arising out of the Contractor's
performance under this Agreement, the Contractor hereby agrees to indemnify, save,
and hold harmless the City, its officers, employees, servants, or agents and to defend
said persons from any such claims, liabilities, causes of action, and judgments of any
type whatsoever.
ARTICLE 8. INSURANCE
The Contractor shall meet the insurance requirements fully detailed in the RFP
#2005-008.
ART1 CLE 9. MISCELLANEOUS PROWS IONS
A. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be hand
delivered, telecommunicated, or mailed by registered or certificated mail (postage
prepaid), return receipt requested, to the following addresses:
2
As to the City:
with a copy to:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Facsimile: (561) 799-41 11
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Facsimile: (561) 799-4139
As to the Contractor: Phillips & Jordan, Inc.
16 Court Street
Robbinsville, North Carolina 28771
Attn: Timothy R. Berkhimer, P.E.
Director, Disaster Recovery
Facsimile: (828) 479-2540
B. Entire Agreement. This Agreement constitutes the entire understanding
and agreement between the parties with respect to the subject matter hereof.
C. Bindincl Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable
by the parties and their respective legal representatives, successors, and permitted
assigns.
D. Assignability. This Agreement may not be assigned without the prior
written consent of all parties to this Agreement.
E. Sevetability. If any part of this Agreement is contrary to, prohibited by, or
deemed invalid under applicable law or regulation, such provision shall be inapplicable
and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
F. Governinq Law and Venue. This Agreement and all transactions
contemplated by this Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Florida without regard to any contrary conflicts
of law principle. Venue of all proceedings in connection herewith shall lie exclusively in
Palm Beach County, Florida, and each party hereby waives whatever its respective
rights may have been in the selection of venue.
G. Headinqs. The headings contained in this Agreement are for convenience
of reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
3
H. Effective Date. The effective date of this Agreement shall be as of the
date it has been executed by both the parties hereto.
I. Construction. The parties acknowledge that each has shared equally in
the drafting and preparation of this Agreement, and accordingly, no Court or
Administrative Hearing Officer shall construe this Agreement more strictly against one
party than the other, and every covenant, term, and provision of this Agreement shall be
construed simply according to its fair meaning.
J. Attorney’s Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to enforce compliance with this
Agreement or interpret same, or if any administrative proceeding is brought for the
same purposes, the non-prevailing party shall pay to the prevailing party reasonable
attorney’s fees and costs, including appellate fees and costs.
K. Eaual Omortunitv. The City and the Contractor agree that no person
shall, on the grounds of race, color, gender, national origin, ancestry, marital status,
disability, religion, creed, or age be discriminated against in the performance of this
Agreement.
(The remainder of this page left intentionally blank)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this &)/ sr day of 7. ~q , 2005.
ATTEST:
. BY. Patricia Snider, CMC, City lerk
CITY OF PALM BEACH GARDENS
By:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Executed by the Contractor this I pday of -,7'..!y ,2005.
PHILLIPS &JORDAN, INC.
WITNESS: I
Name:
G:\attorney-share\AGREEMENTS\Debris removal - Phillips 8 jordan - alternate source.DOC
5
ADDENDUM I TO STAND-BY AGREEMENT
THIS ADDENDUM I to the Stand-By Agreement is entered into by and between
the CITY OF PALM BEACH GARDENS (CITY), a municipal corporation, and PHILLIPS
& JORDAN, INC. (CONTRACTOR) this&&* day of ’;Fq , 2006.
WHEREAS, on July 21, 2005, the City Council approved the award of contract to
CONTRACTOR for disaster recovery services as the alternate source; and
WHEREAS, in accordance with Article 1 of the Stand-By Agreement, the terms
and conditions of this Agreement shall include and incorporate the terms, conditions,
and specifications set forth in the CITY’S Request for Proposal #2005-008 dated May
23,2005, and the CONTRACTOR’S Response to the Request for Proposal #2005-008,
including all documentation required thereunder; and
WHEREAS, in accordance with CONTRACTOR’S Response to the Request for
Proposal #2005-008 under Special Conditions Section 2.1 1, if the proposer is awarded
a contract under this solicitation, the unit price rates quoted by the proposer on the RFP
Submittal shall remain fixed and firm during the initial year of the contract; and
WHEREAS, CITY’S Staff has evaluated CONTRACTOR’S proposed unit price
rates increase effective July 21, 2006; and
WHEREAS, both parties hereto desire to continue the initial term of the Stand-By
Agreement effective until July 20, 2008, on such terms and conditions as provided
herein below.
NOW, THEREFORE, CITY and CONTRACTOR mutually agree as follows:
1. The Agreement by and between CITY and CONTRACTOR is hereby
extended through July 20,2008.
2. Compensation rates to CONTRACTOR during the above initial term shall be
based on the revised unit price rates, which is in accordance with schedule of
unit price rates attached hereto as Exhibit A.
3. To the extent not specifically amended herein, all other provisions of the
Stand-By Agreement dated July 21 , 2005, shall remain in full force and effect.
4. CONTRACTOR agrees to comply and abide by all federal, state, and local
laws, rules, regulations, ordinances, guidelines, and directives relating or
pertaining to any of its duties and responsibilities arising from this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I
to Agreement.
ATTEST: CITY OF PALM BEACH GARDENS
By: -wf By:
Patricia Sni er, CMC, ‘ty Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: J
Christine P. Tatum, City Attorney
CONTRACTOR
WITNESS: PHILLIPS & JORDAN, INC.
G:\attorney-sharelAGREEMENTSADDENDUM I STANDBY AGREEMENT-PHILLIPS JORDAN.dcc
2
EXHIBIT A
Phillips and Jordan Fee Schedule
Hurricane Wilma Debris Management
Part A - Unit Prices
2005
Item Descrlption Unit Unit Price
Item 1.0
Item 2.0
Item 8.0
Amendment 1
Amendment 2
Amendment 3
Item 3.0
Item 4.0
Item 5.0
Item 7.0
Item 8.0
Item 9.0
Amendment 4.0
Item 10.0
Amendment 6.0
Item 11.0
Amendment 6.0
Item 12.0
Debris Pickup and Hauling up to 5 miles CY
Excess Mileage - Deleted
Hauling C&D from a TDRS to disposal 0-1 5 yard-mile
miles
Hauling C&D from a TDRS to disposal 16-60 yard-mile
miles
Haullng C&D from a TDRS to disposal 61-120 yard-mile
miles
Contract Extenslon
Deleted by Amendment 3
Loading Outgoing Mulch or Ash CY
CY TDSRS Operatlon, including reduction by
chipping or grinding (no loading of byproducts)
TORS Operatlons, including burning through
air curtaln lnclneratlon (no loading of
byproducts)
TORS Operations, including reduction of
burnable debris through open burning (no
loading of byproducts)
TDRS operatlons, debris acceptance, pile
mgmt, and material loading for transport of
unreduced vegetallon and construction debris.
CY
CY
CY
100 yard walking floor trallerloperator Hour
Hauling and disposal of mulch from TDRS
sibs
CY
TDRS operations, acceptance, pile CY
management (with no loading) for transport of
all un-reduced vegetatlon, construction debris,
and mixed loads.
Removal and dlsposal of C/O and mixed
waste from Hooker Highway
CY
12.00
0.16
0.12
0.11
0.20
3.32
4.19
3.32
I .a6
102.15
10.54
1.65
10.22
Agreement No. 01-252, Amendment #7 Page 1 of 2 Revised: 10-28-05
Phlilips and Jordan Fee Schedule
Hurrlcane Wllma Debris Management
Part B -Time and Materials Pricing
item Unit Equipment Labor Total
Bobcat Loader
Foreman wl Phone and Pickup
Dozer, Tracked, D5 or similar
Dozer Tracked, D6 or similar
Dozer Tracked, D7 or similar
Dozer Tracked, 08 or similar
Dump Truck, 18 CY - 20 CY
Oump Truck, 21 CY - 30 CY
Generator and Lighting
Grader w/ 12’ Blade
Hydraulic Excavator, 1.5 CY
Hydraulic Excavator, 2.5 CY
Knuckleboom Loader
Laborer wl Chain Saw
Labor w/ Small Tools, traffic control, flag parson
Lowboy Trailer w/ Tractor
Operations Manager w/ Cell Phone and Pickup
Plckup Truck. .5 Ton
Soli Compactor 18 HP+
Sol1 Compactor to 80 HP
Sdl Compactor, Towed Unit
Truck, Flatbed
Tub Grinder, 800 to 1,000 HP
Water Truck
Wheel Loader, 2.5 CY, 950 or similar
Wheel Loader, 3.5 CY, 966 or similar
Wheel Loader, 4.5 CY, 960 or similar
Wheel Loader-Backhoe, 1 .O-1.5 CY
Alr Curtaln Burner, Self Contained System
Backhoe-Loader and Thumb Attachment
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
Hi?
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
24.12 $
16.34 $
43.72 $
62.24 $
69.86 $
89.46 $
29.57 $
40.46 $
19.60 $
51.35 $
62.24 $
84.02 $
105.80 $
-$
-$
35.01 $
16.34 $
16.34 $
29.40 $
25.05 $
21.78 $
7.79 $
476.06 $
40.46 $
45.90 S
51.35 $
56.79 $
29.57 $
23.58 $
23.41 $
40.39 $ 64.51
41.61 $ 57.95
40.39 $ 84.11
40.39 $ 102.62
40.39 $ 110.25
40.39 $ 129.85
40.39 $ 69.95
40.39 $ 80.84
40.39 $ 91.73
40.39 $ 102.62
40.39 $ 124.40
40.39 $ 146.18
42.68 $ 42.68
28.81 $ 28.81
40.39 $ 75.40
58.69 $ 75.02
40.39 S 69.79
40.39 S 65.43
40.39 S 62.17
40.39 $ 48.17
40.39 Ib 516.44
40.39 $ 80.04
40.39 $ 91.73
40.39 $ 97.18
40.39 $ 69.95
40.39 S 63.60
- $ 19.60
- $ 16.34
40.39 86.29
- 5 23.68
Agreement No. 01-252, Amendment #7 Page 2 of 2 Revised: 10128105
Date Prepared: February 5, 2007
Resolution 21, 2007
EXHIBIT “B”
ADDENDUM I TO STAND-BY AGREEMENT
THIS ADDENDUM I to the Agreement is entered into by and between the CITY
OF PALM BEACH GARDENS (CITY), a municipal corporation, and CERES
ENVl RON M ENTAL SERVICES, I NC. (CONTRACTOR) this day of
, 2007.
WHEREAS, on July 21, 2005, the City Council approved the award of contract to
the CONTRACTOR for Disaster Recovery Services; and
WHEREAS, the parties desire to amend the Agreement on certain terms and
conditions more particularly provided for below.
NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as
follows:
1. To the extent the CONTRACTOR performs emergency relief services on
behalf of the CITY where the CITY seeks reimbursement from the FHWA
Emergency Relief Program the CONTRACTOR agrees to comply with all
terms and conditions of the FHWA Emergency Relief Program, (“Program”),
including, but not limited to, the following:
A.
B.
C.
D.
E.
F.
G
Comply with the Davis-Bacon wage rates and the wage rates required
by the Program, attached hereto as Exhibit “A” and by this reference
incorporated herein.
Comply with all “Buy America” requirements of the Program, attached as
Exhibit “B” and by this reference incorporated herein.
Comply with the provisions for Federal-Aid for Construction Contracts
found in FHWA-1273, the contents and terms of which are attached
hereto as Exhibit “C” and by this reference incorporated herein.
Comply with the National Environmental Policy Act (NEPA of 1969) as
amended from time to time.
Comply with 49 CFR Part 26, Disadvantaged Business Enterprise
Program.
Comply with the Americans with Disabilities Act of 1990, as amended
from time to time.
Comply with convict labor prohibition found in 23 U.S.C. 114.
2. To the extent not specifically amended herein, all other provisions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Addendum I to the Agreement.
CITY OF PALM BEACH GARDENS
By:
Joseph R. Russol, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
mristine P. Tatum, City Attorney
CONTRACTOR:
CERES ENVIRONMENTAL
WITNESSES:
A
BY Pri
G:\attorney-shareWGREEMENTS\addendum I - stand-by agmt -ceres.doc
2
SEZ
By:
EXHIBIT “A”
General Decision Number: FL030046 09/01/2006 FL46
Superseded General Decision Number: FL020046
State: Florida
Construction Type: Building
County: Palm Beach County in Florida.
BUILDING CONSTRUCTION PROJECTS (dose not included residential
construction consisting of family homes'and apartments up to
and including 4 stories).
Modification Number Publication Date
0 06/13/2003
1 09/01/2006
IRON0402-001 04/01/2003
Rates Fringes
Rates Fringes
Pipefitter (Excluding HVAC
Pipe Work) ..................... $ 23.06 7.61
Plumber (Including HVAC Pipe
Work) .......................... $ 23.06 7.61 ________________________________________---------------------_-_
* SUFL2000-001 04/03/2000
Rates Fringes
Acoustical Tile Installer ...... $ 12.67 1.09
Bricklayer/Blocklayer .......... $ 16.00
Carpenter (Including Drywall
Hanging and Batt Insulation) ... $ 13.85
Drywall Finisher ............... $ 13.38
Electrician .................... $ 15.49
Elevator Mechanic .............. $ 15.15
Glazier ........................ $ 13.43
HVAC Mechanic (Duct work only).$ 12.63
Ironworkers:
Ornamental .................. $ 13.58
Structural .................. $ 12.71
3.46
2.08
3.42
2.28
1.55
1.29
\
Laborers :
Asphalt Raker ............... $ 9.25
Mason Tenders ............... $ 9.00
Plasterers Tenders .......... $ 9.00
Unskilled ................... $ 8.55
2.17
Lather ......................... $ 13.85
Painter, Brush (Excluding
Drywall Finishing) ............. $ 11.72
Plasterer ...................... $ 14.70
Power equipment operators:
Backhoe ..................... $ 12.50
Concrete Pump ............... $ 13.06
Dozer ....................... $ 9.75
Grader ...................... $ 13.40
Loader ...................... $ 13.08
Roller ...................... $ 10.13
Tractor ..................... $ 11.91
Roofer (including Built Up,
Composition and Single Ply) .... $ 12.58
Sheetmetal Worker (Excluding
HVAC Duct work) ................ $ 13.77
1.11
1.97
1.12
1.32
1.77
Sprinkler Fitter ............... $ 16.25 5.85
Terrazzo Worker Mechanic ....... $ 12.13
Tile Setter .................... $ 13.78 1.42
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates.
indicate unions whose rates have been determined to be
prevailing.
Other designations
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be :
* an existing published wage determination
* a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on
* a conformance (additional classification and rate) ruling
a wage determination matter
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
General Decision Number FL030046
Superseded General Decision No. FL020046
State: Florida
Construction Type:
BUILDING
County(ies) :
PALM BEACH
BUILDING CONSTRUCTION PROJECTS (dose not included residential
construction consisting of family homes and apartments up to and
including 4 stories).
Modification Number Publication Date
0 06/13/2003
COUNTY (ies) :
PALM BEACH
IRON0402A 04/01/2003
Rates Fringes
IRONWORKERS( Reinforcing only) 19.75 4.70 ____________________-_--__------_-_--_____----___-----------_---
PLUM0630C 01/01/2000
Rates
PIPEFITTERS (Excluding HVAC
Pipe Work) 24.81
PLUMBERS (Including HVAC
Pipe Work) 24.81 __________________________---------___------_
SUFL1029A 04/03/2000
Rates
ACOUSTICAL TILE INSTALLER
CARPENTERS (Including Drywall
DRYWALL FINISHERS
ELECTRICIANS
ELEVATOR MECHANIC
GLAZIERS
HVAC MECHANIC (Duct work Only)
IRONWORKERS:
Ornamental
Structural
Uns ki 1 1 ed
Mason Tenders
Plasterers Tenders
Asphalt Raker
BRICKLAYERS/BLOCKLAYERS
Hanging and Batt Insulation)
LABORERS :
LATHERS
PAINTERS, BRUSH (Excluding
PLASTERERS
POWER EQUIPMENT OPERATORS:
Drywall Finishing)
Backhoe
Grader
12.67
16.00
13.85
13.38
15.49
15.15
13.43
12.63
13.58
12.71
8.55
9.00
9.00
9.25
13.85
11.72
14.70
12.50
13.40
._ .-
Fringes
4.70
4.70
Fringes
1.09
3.42
2.28
1.55
1.29
3.46
2.08
2.17
1.11
1.97
1.72
Loader
Concrete Pump
Roller
Tractor
Dozer
ROOFERS
SHEETMETAL WORKERS
SPRINKLER FITTERS
HVAC Duct work 1
13.08
13.06
10.13
11.91
9.75
12.58
13.77
16.25
(Excluding
1.32
1.77
5.85
TERRAZZO MECHANICS 12.13
TILE SETTERS 13.78 1.42
TRUCK DRIVERS 10.25 3.49
______---____---__-_--------------------------------------------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a) (1) (ii)).
In the listing above, the IISU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
I WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be :
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
I 2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avcnile, N. W
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
EXHIBIT “B”
350-000-15
Comptroller
08/06
Federal Highway Administration Provision - Buy America
Source of Supply - Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron
produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended.
Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a
manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a
product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A
manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have
been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source
material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g.,
concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the
manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not
exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all
steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the
Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or
iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into
the furnished product was manufactured in the United States in accordance with the requirements of this specification
and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement
that the product was produced entirely within the United States, or (2) a statement that the product was produced
within the United States except for minimal quantities of foreign steel and iron valued at $
Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows
the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's
written approval prior to incorporating the material into the project.
EXHIBIT “C”
350-000- 15
Comptroller
08/06
Required Contract Provisions Federal-Aid Construction Contracts
I.
II.
Ill.
I v.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
General
Nondiscrimination
Nonsesresated Facilities
Payment of Predetermined Minimum Waqe
Statements and Pavrolls
Record of Materials, Sumlies, and Labor
Sublettinq or Assiqnins the Contract
Safetv: Accident Prevention
False Statements Concerninq Hishwav Proiects
Implementation of Clean Air Act and Federal Water Pollution Control Act
Certification Reqardins Debarment, Suspension Inelisibilitv, and Voluntarv Exclusion
Certification Resardins Use of Contract Funds for Lobbvinq
Attachments
A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed on the contract by the contractor's
own organization and with the assistance of workers under the contractor's immediate
superintendence and to all work performed on the contract by piecework, station work, or by
subcontract.
Except as otherwise provided for in each section, the contractor shall insert in each
subcontract all of the stipulations contained in these Required Contract Provisions, and
further require their inclusion in any lower tier subcontract or purchase order that may in turn
be made. The Required Contract Provisions shall not be incorporated by reference in any
case. The prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with these Required Contract Provisions.
A breach of any of the stipulations contained in these Required Contract Provisions shall be
sufficient grounds for termination of the contract.
A breach of the following clauses of the Required Contract Provisions may also be grounds
for debarment as provided in 29 CFR 5.12:
2.
3.
4.
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 29.
5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and
Section V of these Required Contract Provisions shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the procedures of
the U.S. Department of Labor (DOL) as set forth in 29 CFR 5,6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its subcontractors)
and the contracting agency, the DOL, or the contractor's employees or their representatives,
Selection of Labor: During the performance of this contract, the contractor shall not:
discriminate against labor from any other State, possession, or territory of the United
States (except for employment preference for Appalachian contracts, when
applicable, as specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless it is
labor performed by convicts who are on parole, supervised release, or probation.
6.
a.
b.
i
I I, NONDISCRIMINATION
I
350-000-15
Coniptroller
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(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or
more.)
Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to
discriminate and to take affirmative action to assure equal opportunity as set forth under laws,
executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and drders of
the Secretary of Labor as modified by the provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards
for the contractor's project activities under this contract. The Equal Opportunity Construction
Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American
Disabilities Act of 1990 (42 U.S.C. 12101 dseq.) set forth under 28 CFR 35 and 29 CFR
1630 are incorporated by reference in this contract. In the execution of this contract, the
contractor agrees to comply with the following minimum specific requirement activities of
EEO:
a. The contractor will work with the State highway agency (SHA) and the Federal
Government in carrying out EEO obligations and in their review of hidher activities
under the contract.
The contractor will accept as his operating policy the following statement: b.
"It is the policy of this Company to assure that applicants are employed, and
that employees are treated during employment, without regard to their race,
religion, sex, color, national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship,
preapprenticeship, andlor on-the-job training."
2. EEO Officer: The contractor will designate and make known to the SHA contracting officers
an EEO Officer who will have the responsibility for and must be capable of effectively
administering and promoting an active contractor program of EEO and who must be assigned
adequate authority and responsibility to do so.
Dissemination of Policy: All members of the contractor's staff who are authorized to hire,
Supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the
contractor's EEO policy and contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above agreement will be met, the following
actions will be taken as a minimum:
Periodic meetings of supervisory and personnel office employees will be conducted
before the start of work and then not less often than once every six months, at which
time the contractor's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
All new supervisory or personnel office employees will be given a thorough
indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for duty with the contractor.
All personnel who are engaged in direct recruitment for the project will be Instructed
by the EEO Officer in the contractots procedures for locating and hiring minority
group employees.
Notices and posters setting forth the contractor's EEO policy will be placed in areas
readily accessible to employees, applicants for employment and potential employees.
The contractor's EEO policy and the procedures to implement such policy will be
brought to the attention of employees by means of meetings, employee handbooks,
or other appropriate means.
3.
a.
b.
c.
d.
e.
4. Recruitment: When advertising for employees, the contractor will include in all
advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minority
groups in the area from which the project work force would normally be derived.
The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employee referral
a.
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sources likely to yield qualified minority group applicants. To meet this requirement,
the contractor will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority group applicants
may be referred to the contractor for employment consideration.
In the event the contractor has a valid bargaining agreement providing for exclusive
e hiring hall referrals, he is expected to observe the provisions of that agreement to the
extent that the system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of such agreements have
the effect of discriminating against minorities or women, or obligates the contractor to
do the same, such implementation violates Executive Order 11246, as amended.)
The contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring
minority group applicants will be discussed with employees.
Personnel Actions: Wages, working conditions, and employee benefits shall be established
and administered, and personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race,
color, religion, sex, national origin, age or disability. The following procedures shall be
followed:
b.
c.
5.
a. The contractor will conduct periodic inspections of project sites to insure that working
conditions and employee facilities do not indicate discriminatory treatment of project
site personnel.
The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found, the
contractor will promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
The contractor will promptly investigate all complaints of alleged discrimination made
to the contractor in connection with his obligations under this contract, will attempt to
resolve such complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimination may affect
persons other than the complainant, such corrective action shall include such other
persons. Upon completion of each investigation, the contractor will inform every
complainant of all of his avenues of appeal.
The contractor will assist in locating, qualifying, and increasing the skills of minority
group and women employees, and applicants for employment.
Consistent with the contractor's work force requirements and as permissible under
Federal and State regulations, the contractor shall make full use of training programs,
i.e., apprenticeship, and on-the-job training programs for the geographical area of
contract performance. Where feasible, 25 percent of apprentices or trainees in each
occupation shall be in their first year of apprenticeship or training. In the event a
special provision for training is provided under this contract, this subparagraph will be
superseded as indicated in the special provision.
The contractor will advise employees and applicants for employment of available
training programs and entrance requirements for each.
The contractor will periodically review the training and promotion potential of minority
group and women employees and will encourage eligible employees to apply for
such training and promotion.
Unions: If the contractor relies in whole or in part upon unions as a source of employees, the
contractor will use hlslher best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and to effect referrals by such
unions of minority and female employees. Actions by the contractor either directly or through
a contractor's association acting as agent will include the procedures set forth below:
b.
c.
d.
6. Training and Promotion:
a.
b.
c.
d.
7.
a. The contractor will use best efforts to develop, in cooperation with the unions, joint
training programs aimed toward qualifying more minority group members and women
for membership in the unions and increasing the skills of minority group employees
and women so that they may qualify for higher paying employment.
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b. The contractor will use best efforts to incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer applicants
without regard to their race, color, religion, sex, national origin, age or disability.
The contractor is to obtain information as to the referral practices and policies of the
labor union except that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such . information to the contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such information.
In the event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time limit set forth in the collective bargaining
agreement, the contractor will, through independent recruitment efforts, fill the
employment vacancies without regard to race, color, religion, sex, national origin, age
or disability; making full efforts to obtain qualified andlor qualifiable minority group
persons and women. (The DQL has held that it shall be no excuse that the union with
which the contractor has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union referral practice
prevents the contractor from meeting the obligations pursuant to Executive Order
11246, as amended, and these special provisions, such contractor shall immediately
notify the SHA.
Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national origin,
age or disability in the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
The contractor shall notify all potential subcontractors and suppliers of hislher EEO
obligations under this contract.
Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have
equal opportunity to compete for and perform subcontracts which the contractor
enters into pursuant to this contract. The contractor will use his best efforts to solicit
bids from and to utilize DBE subcontractors or subcontractors with meaningful
minority group and female representation among their employees. Contractors shall
obtain lists of DBE construction firms from SHA personnel.
The contractor will use his best efforts to ensure subcontractor compliance with their
EEO obligations.
c.
d.
8.
a.
b.
c.
9. Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be available at reasonable times
and places for inspection by authorized representatives of the SHA and the FHWA.
The number of minority and non-minority group members and women
employed in each work classification on the project;
The progress and efforts being made in cooperation with unions, when
applicable, to increase employment opportunities for minorities and women;
The progress and efforts being made in locating, hiring, training, qualifying,
and upgrading minority and female employees; and
The progress and efforts being made in securing the services of DBE
subcontractors or subcontractors with meaningful minority and female
representation among their employees.
The contractors will submit an annual report to the SHA each July for the duration of
the project, indicating the number of minority, women, and non-minority group
employees currently engaged in each work classification required by the contract
work. This information is to be reported on Form FHWA-1391. If on-the-job training is
being required by special provision, the contractor will be required to collect and
report training data.
a. The records kept by the contractor shall document the following:
1.
2.
3.
4.
b.
Ill. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or
more.)
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a. By submission of this bid, the execution of this contract or subcontracta or the consummation
of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid
construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies
that the firm does not maintain or provide for its employees any segregated facilities at any of
its establishments, and that the firm does not permit its employees to perform their services
at any location, under its control, where segregated facilities are maintained. The firm agrees
that a breach of this certification is a violation of the EEO provisions of this contract. The firm
further certifies that no employee will be denied access to adequate facilities on the basis of
sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker
rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are,
segregated by explicit directive, or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local custom, or otherwise. The
only exception will be for the disabled when the demands for accessibility override (e.g.
disabled parking).
c. The contractor agrees that it has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will retain such certifications in its
files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural minor collectors, which are
exempt.)
0. General:
a. All mechanics and laborers employed or working upon the site of the work will be
paid unconditionally and not less often than once a week and without subsequent
deduction or rebate on any account [except such payroll deductions as are permitted
by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act
(40 U.S.C. 276c)l the full amounts of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment. The payment shall be computed at wage
rates not less than those contained in the wage determination of the Secretary of
Labor (hereinafter "the wage determination") which is attached hereto and made a
part hereof, regardless of any contractual relationship which may be alleged to exist
between the contractor or its subcontractors and such laborers and mechanics. The
wage determination (including any additional classifications and wage rates
conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or
Form FHWA-1495) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it
can be easily seen by the workers. For the purpose of this Section, contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section
l(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions
of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular
contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV.
Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked
therein, provided, that the employer's payroll records accurately set forth the time
spent in each classification in which work is performed.
b.
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c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29
CFR 1, 3, and 5 are herein incorporated by reference in this contract.
The SHA contracting officer shall require that any class of laborers or mechanics
employed under the contract, which is not listed in the wage determination, shall be
classified in conformance with the wage determination.
The contracting officer shall approve an additional classification, wage rate and fringe
benefits only when the following criteria have been met:
1. Classification:
a.
b.
1.
2.
3.
the work to be performed by the additional classification requested is not
performed by a classification in the wage determination;
the additional classification is utilized in the area by the construction industry;
the proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination; and
with respect to helpers, when such a classification prevails in the area in
which the work is performed.
If the contractor or subcontractors, as appropriate, the laborers and mechanics (if
known) to be employed in the additional classification or their representatives, and
the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken
shall be sent by the contracting officer to the DOL, Administrator of the Wage and
Hour Division, Employment Standards Administration, Washington, D.C. 20210. The
Wage and Hour Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
In the event the contractor or subcontractors, as appropriate, the laborers or
mechanics to be employed in the additional classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. Said Administrator, or an authorized representative,
will issue a determination within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time
is necessary
The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in
the additional classification from the first day on which work is performed in the
classification.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor or subcontractors, as appropriate, shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly
case equivalent thereof.
If the contractor or subcontractor, as appropriate, does not make payments to a
trustee or other third person, helshe may consider as a part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program,-provided, that the Secretary of
Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
4.
c.
d.
e.
2. Payment of Fringe Benefits:
a.
b.
3. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
1, Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with
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the DOL, Employment and Training Administration, Bureau of Apprenticeship
and Training, or with a State apprenticeship agency recognized by the
Bureau, or if a person is employed in hislher first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State apprenticeship agency
(where appropriate) to be eligible for probationary employment as an
apprentice.
The allowable ratio of apprentices to journeyman-level employees on the job
site in any craft classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate listed in the wage determination for the
classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where a contractor
or subcontractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman-level hourly rate) specified in
the contractor's or subcontractots registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a
percentage of the journeyman-level hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator for the Wage and Hour Division determines
that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Bureau of Apprenticeship and Training, or a State
apprenticeship agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor or subcontractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate
for the comparable work performed by regular employees until an acceptable
program is approved.
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the DOL,
Employment and Training Administration.
The ratio of trainees to journeyman-level employees on the job site shall not
be greater than permitted under the plan approved by the Employment and
Training Administration. Any employee listed on the payroll at a trainee rate
who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work
actually performed.
Every trainee must be paid at not less than the rate specified in the approved
program for hislher level of progress, expressed as a percentage of the
journeyman-level hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits,
2.
3.
4.
b. Trainees:
1.
2.
3.
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trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the
corresponding journeyman-level wage rate on the wage determination which
provides for less than full fringe benefits for apprentices, in which case such
trainees shall receive the same fringe benefits as apprentices.
In the event the Employment and Training Administration withdraws approval
of a training program, the contractor or subcontractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
4.
c. Helpers:
Helpers will be permitted to work on a project if the helper classification is
specified and defined on the applicable wage determination or is approved
pursuant to the conformance procedure set forth in Section IV.2. Any worker
listed on a payroll at a helper wage rate, who is not a helper under a
approved definition, shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed.
4. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which
have been certified by the Secretary of Transportation as promoting EEO in connection with
Federal-aid highway construction programs are not subject to the requirements of paragraph
4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under
such programs will be established by the particular programs. The ratio of apprentices and
trainees to journeymen shall not be greater than permitted by the terms of the particular
program.
5. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative
of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime contractor, or any other Federally-
assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the
same prime contractor, as much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work, all or part of the wages
required by the contract, the SHA contracting officer may, after written notice to the
contractor, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
,
6. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers, mechanics, watchmen, or guards (including
apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or
permit any laborer, mechanic, watchman, or guard in any workweek in which helshe is
employed on such work, to work in excess of 40 hours in such workweek unless such
laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-
and-one-half times hislher basic rate of pay for all hours worked in excess of 40 hours in such
workweek.
7. Violation:
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Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause
set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall
be liable to the affected employee for hidher unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory) for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer, mechanic, watchman, or guard employed in violation of the clause set forth in
paragraph 7, in the sum of $10 for each calendar day on which such employee was required
or permitted to work in excess of the standard work week of 40 hours without payment of the
overtime wages required by the clause set forth in earagraph 7.
8. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized
representative of the DOL withhold, or cause to be withheld, from any monies payable on
account of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other Federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural collectors, which are
exempt.)
0. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of Labor
which are herein incorporated by reference.
1. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and
each subcontractor during the course of the work and preserved for a period of 3
years from the date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at the site of the work.
The payroll records shall contain the name, social security number, and address of
each such employee; his or her correct classification; hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section l(b)(2)(B) of the Davis Bacon
Act); daily and weekly number of hours worked; deductions made; and actual wages
paid. In addition, for Appalachian contracts, the payroll records shall contain a
notation indicating whether the employee does, or does not, normally reside in the
labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of
Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer
or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon
Act, the contractor and each subcontractor shall maintain records which show that
the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, that the plan or program has been communicated in writing to
the laborers or mechanics affected, and show the cost anticipated or the actual cost
incurred in providing benefits. Contractors or subcontractors employing apprentices
or trainees under approved programs shall maintain written evidence of the
registration of apprentices and trainees, and ratios and wage rates prescribed in the
applicable programs.
b.
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c. Each contractor and subcontractor shall furnish, each week in which any contract
work is performed, to the SHA resident engineer a payroll of wages paid each of its
employees (including apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5, and watchmen and guards engaged on work during the
preceding weekly payroll period). The payroll submitted shall set out accurately and
completely all of the information required to be maintained under paragraph 2b of this
Section V. This information may be submitted in any form desired. Optional Form
WH-347 is available for this purpose and may be purchased from the Superintendent
of Documents (Federal stock number 029-005-0014-I), US. Government Printing
Office, Washington, D.C. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or hislher agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
that the payroll for the payroll period contains the information required to be
maintained under paragraph 2b of this Section V and that such information is
correct and complete;
that such laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in the
Regulations, 29 CFR 3;
that each laborer or mechanic has been paid not less that the applicable
wage rate and fringe benefits or cash equivalent for the classification of
worked performed, as specified in the applicable wage determination
incorporated into the contract.
d.
1.
2.
3.
e. The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 2d of this Section V.
The falsification of any of the above certifications may subject the contractor to civil or
criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
The contractor or subcontractor shall make the records required under paragraph 2b
of this Section V available for inspection, copying, or transcription by authorized
representatives of the SHA, the FHWA, or the DOL, and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, the SHA, the FHWA, the DOL, or all may, after written notice to the
contractor, sponsor, applicant, or owner, take such actions as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
0. On all Federal-aid contracts on the National Highway System, except those which provide
solely for the installation of protective devices at railroad grade crossings, those which are
constructed on a force account or direct labor basis, highway beautification contracts, and
contracts for which the total final construction cost for roadway and bridge is less than
$1,000,000 (23 CFR 635) the contractor shall:
Become familiar with the list of specific materials and supplies contained in Form
FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway
Construction Involving Federal Funds," prior to the commencement of work under
this contract.
Maintain a record of the total cost of all materials and supplies purchased for and
incorporated In the work, and also of the quantities of those specific materials and
supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47.
urnish, upon the completion of the contract, to the SHA resident engineer on Form
FHWA-47 together with the data required in paragraph 1 b relativFurnishaterials and
supplies, a final labor summary of all contract work indicating the total hours worked
and the total amount earned.
f.
g.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
a.
b.
c.
350-000- 15
Compkoller
08/06
1. At the prime contractor's option, either a single report covering all contract work or separate
reports for the contractor and for each subcontract shall be submitted.
0. The contractor shall perform with its own organization contract work amounting to not less
than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated by the State. Specialty items
may be performed by subcontract and the amount of any such specialty items performed may
be deducted from the total original contract price before computing the amount of work
required to be performed by the contractor's own organization (23 CFR 635).
VII. SUBLETTING OR ASSIGNING THE CONTRACT
a. "Its own organization" shall be construed to include only workers employed and paid
directly by the prime contractor and equipment owned or rented by the prime
contractor, with or without operators. Such term does not include employees or
equipment of a subcontractor, assignee, or agent of the prime contractor.
"Specialty Items" shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or equipment not ordinarily available in the type of
contracting organizations qualified and expected to bid on the contract as a whole
and in general are to be limited to minor components of the overall contract.
1. The contract amount upon which the requirements set forth in paragraph 1 of Section VI1 is
computed includes the cost of material and manufactured products which are to be
purchased or produced by the contractor under the contract provisions.
2, The contractor shall furnish (a) a competent superintendent or supervisor who is employed by
the firm, has full authority to direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources (supervision, management, and
engineering services) as the SHA contracting officer determines is necessary to assure the
performance of the contract.
3. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the
written consent of the SHA contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the contractor of any responsibility for
the fulfillment of the contract. Written consent will be given only after the SHA has assured
that each subcontract is evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
0. In the performance of this contract the contractor shall comply with all applicable Federal,
State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor
shall provide all safeguards, safety devices and protective equipment and take any other
needed actions as it determines, or as the SHA contracting officer may determine, to be
reasonably necessary to protect the life and health of employees on the job and the safety of
the public and to protect property in connection with the performance of the work covered by
the contract.
1. It is a condition of this contract, and shall be made a condition of each subcontract, which the
contractor enters into pursuant to this contract, that the contractor and any subcontractor
shall not permit any employee, in performance of the contract, to work in surroundings or
under conditions which are unsanitary, hazardous or dangerous to hislher health or safety, as
determined under construction safety and health standards (29 CFR 1926) promulgated by
the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or
authorized representative thereof, shall have right of entry to any site of contract performance
to inspect or investigate the matter of compliance with the construction safety and health
standards and to carry out the duties of the Secretary under Section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333).
FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
b.
VIII. SAFETY: ACCIDENT PREVENTION
IX.
In order to assure high quality and durable construction in conformity with approved plans and
specifications and a high degree of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.
3.50-000-1 5
Comptroller
08/06
Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and
similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in
one or more places where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Terrifory, or
whoever, whether a person, association, firm, or corporation, knowingly makes any false statement,
false representation, or false report as to the character, quality, quantity, or cost of the material used
or to be used, or the quantity or qualify of the work performed or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications, contracts, or cosfs of construction
on any highway or related project submiffed for approval to the secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with
respect to the character, quality, quantity, or cost of any work performed or to be performed, or
materials furnished or to be furnished, in connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined not more that $10,000 or imprisoned not more than 5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or
more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder,
Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
0. That any facility that is or will be utilized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 &sea., as
amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251 @sea., as amended by Pub.L. 92-500), Executive Order 11738, and
regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award,
on the US. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40
CFR 15.20.
1. That the firm agrees to comply and remain in compliance with all the requirements of Section
114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
2. That the firm shall promptly notify the SHA of the receipt of any communication from the
Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for
the contract Is under consideration to be listed on the EPA List of Violating Facilities.
3. That the firm agrees to include or cause to be included the requirements of paragraph 1
through 4 of this Section X in every nonexempt subcontract, and further agrees to take such
action as the government may direct as a means of enforcing such requirements.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
0. Instructions for Certification - Primary Covered Transactions:
XI.
350-000-15
Comptroller
08/06
(Applicable to all Federal-aid contracts - 49 CFR 29)
a.
b.
C.
d.
e.
f.
g.
h.
i.
J.
By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
The inability of a person to provide the certification set out below will not necessarily
result in denial of participation in this covered transaction. The prospective participant
shall submit an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with the department
or agency's determination whether to enter into this transaction. However, failure of
the prospective primary participant to furnish a certification or an explanation shall
disqualify such a person from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction.
If it is later determined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal ,
Government, the department or agency may terminate this transaction for cause of
default.
The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
The prospective primary participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this
transaction.
The prospective primary participant further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by
the department or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the nonprocurement portion of the "Lists of Parties Excluded From
Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is
compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
Except for transactions authorized under paragraph f of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency may terminate this transaction
for cause or default.
3 50-000- 15
Comptroller
08/06
*****
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--
Primary Covered Transactions
11. The prospective primary participant certifies to the best of its knowledge and belief,
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
b. Have not within a 3-year period preceding this proposal been convicted of or
had a civil judgement rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph 1 b of this certification; and
d. Have not within a 3-year period preceding this applicationlproposal had one
or more public transactions (Federal, State or local) terminated for cause or
default.
that it and its principals:
12. Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
*****
1. Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000
or more - 49 CFR 29)
. By signing and submitting this proposal, the prospective lower tier is providing the
certification set out below.
a. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or
agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
b. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous by reason of changed
circumstances.
c. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary
covered transaction," "participant," "person," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
d. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
350-000-15
Compholler
08/06
transaction, unless authorized by the department or agency with which this
transaction originated.
e. The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
g. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
h. Except for transactions authorized under paragraph e of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
f.
*****
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transactions:
9. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
10. Where the prospective lower tier participant is unable to certify to any of the
*****
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000 - 49 CFR 20)
0. The prospective participant certifies, by signing and submitting this bid or proposal, to the
best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
a. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
.
350-000-15
Comptroller
08/06
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U,S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
AlTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
3. During the performance of this contract, the contractor undertaking to do work which is, or
reasonably may be, done as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL wherein the contract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work
is situated, except:
. To the extent that qualified persons regularly residing in the area are not available.
a. For the reasonable needs of the contractor to employ supervisory or specially
experienced personnel necessary to assure an efficient execution of the contract
work.
b. For the obligation of the contractor to offer employment to present or former
employees as the result of a lawful collective bargaining contract, provided that the
number of nonresident persons employed under this subparagraph IC shall not
exceed 20 percent of the total number of employees employed by the contractor on
the contract work, except as provided in subparagraph 4 below.
4. The contractor shall place a job order with the State Employment Service indicating (a) the
classifications of the laborers, mechanics and other employees required to perform the
contract work, (b) the number of employees required in each classification, (c) the date on
which he estimates such employees will be required, and (d) any other pertinent information
required by the State Employment Service to complete the job order form. The job order may
be placed with the State Employment Service in writing or by telephone. If during the course
of the contract work, the information submitted by the contractor in the original job order is
substantially modified, he shall promptly notify the State Employment Service.
5. The contractor shall give full consideration to all qualified job applicants referred to him by the
State Employment Service. The contractor is not required to grant employment to any job
applicants who, in his opinion, are not qualified to perform the classification of work required.
6. If, within 1 week following the placing of a job order by the contractor with the State
Employment Service, the State Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number requested, the State Employment
Service will forward a certificate to the contractor indicating the unavailability of applicants.
Such certificate shall be made a part of the contractor's permanent project records. Upon
receipt of this certificate, the contractor may employ persons who do not normally reside in
the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph IC above.
7. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in
every subcontract for work which is, or reasonably may be, done as on-site work.
. Last modified on March 11,2005
ADDENDUM I TO STAND-BY AGREEMENT
THIS ADDENDUM I to the Agreement is entered into by and between the CITY
OF PALM BEACH GARDENS (CITYZ a municipal corporation, and ASHBRITT, INC.
(CONTRACTOR) this day of - - ,200f.7
WHEREAS, on July 21, 2005, the Citytouncil approved the award of contract to
the CONTRACTOR for Disaster Recovery Services; and
WHEREAS, the parties desire to amend the Agreement on certain terms and
conditions more particularly provided for below.
NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as
follows:
1. To the extent the CONTRACTOR performs emergency relief services on
behalf of the CITY where the CITY seeks reimbursement from the FHWA
Emergency Relief Program the CONTRACTOR agrees to comply with all
terms and conditions of the FHWA Emergency Relief Program, (“Program”),
including, but not limited to, the following:
A.
B.
C.
D.
E.
F.
G.
Comply with the Davis-Bacon wage rates and the wage rates required
by the Program, attached hereto as Exhibit “A” and by this reference
incorporated herein.
Comply with all “Buy America” requirements of the Program, attached as
Exhibit “B” and by this reference incorporated herein.
Comply with the provisions for Federal-Aid for Construction Contracts
found in FHWA-1273, the contents and terms of which are attached
hereto as Exhibit “C” and by this reference incorporated herein.
Comply with the National Environmental Policy Act (NEPA of 1969) as
amended from time to time.
Comply with 49 CFR Part 26, Disadvantaged Business Enterprise
Program .
Comply with the Americans with Disabilities Act of 1990, as amended
from time to time.
Comply with convict labor prohibition found in 23 U.S.C. 114.
2. To the extent not specifically amended herein, all other provisions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Addendum I to the Agreement.
CITY OF PALM BEACH GARDENS
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
By:
Christine P. Tatum, City Attorney
WITNESSES: By:
By: 1 mi MLIW Printed Name:
By: yw Printed hame: ",u ,",Q,,,
G:\attorney-share\AGREEMENTS\addendum I - stand-by agmt -ashbritt.doc
u
(SEAL)
2
EXHIBIT “A”
General Decision Number: FL030046 09/01/2006 FL46
Superseded General Decision Number: FL020046
State: Florida
Construction Type: Building
County: Palm Beach County in Florida.
BUILDING CONSTRUCTION PROJECTS (dose not included residential
construction consisting of family homes and apartments up to
and including 4 stories).
Modification Number Publication Date
0 06/13/2003
1 09/01/2006
IRON0402-001 04/01/2003
Rates Fringes
Pipefitter (Excluding HVAC
Pipe Work) .....................$ 23.06 7.61
Plumber (Including HVAC Pipe
Work) .......................... $ 23.06 1.61 _______---___---------------------------------------------------
* SUFL2000-001 04/03/2000
Rates Fringes
Acoustical Tile Installer ...... $ 12.67 1.09
Bricklayer/Blocklayer .......... $ 16.00
Carpenter (Including Drywall
Hanging and Batt Insulation) ... $ 13.85
Drywall Finisher ............... $ 13.38
Electrician ..................... $ 15.49
Elevator Mechanic .............. $ 15.15
Glazier ........................ $ 13.43
HVAC Mechanic (Duct work only).$ 12.63
Ironworkers :
Ornamental .................. $ 13.58
Structural .................. $ 12.71
3.42
2.28
1.55
1.29
3.46
2.08
Laborers :
Asphalt Raker ............... $ 9.25
Mason Tenders ............... $ 9.00
Plasterers Tenders .......... $ 9.00
Unskilled ................... $ 8.55
2.17
Lather ......................... $ 13.85
Painter, Brush (Excluding
Drywall Finishing) .............$ 11.72
Plasterer ...................... $ 14.70
Power equipment operators:
Backhoe ..................... $ 12.50
Concrete Pump ............... $ 13-06
Dozer ....................... $ 9.75
Grader ...................... $ 13.40
Loader ...................... $ 13.08
Roller ...................... $ 10.13
Tractor ..................... $ 11.91
Roofer (including Built Up,
Composition and Single Ply) .... $ 12.58
Sheetmetal Worker (Excluding
HVAC Duct work) ................ $ 13.77
1.11
1.97
1.72
1.32
1.17
.............. Sprinkler Fitter. $ 16.25 5.85
Terrazzo Worker Mechanic ....... $ 12.13
Tile Setter .................... $ 13.78 1.42
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be :
* an existing published wage determination * a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
* a conformance (additional classification and rate) ruling
a wage determination matter
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
. General Decision Number FL030046
Superseded General Decision No. FL020046
State: Florida
Construction Type:
BUILDING
County (ies :
PALM BEACH
BUILDING CONSTRUCTION PROJECTS (dose not included residential
construction consis.ting of family homes and apartments up to and
including 4 stories).
Modification Number Publication Date
0 06/13/2003
COUNTY ( i e s
PALM BEACH
IRON0402A
PLUM0630C 01/01/2000
Rates
PIPEFITTERS (Excluding HVAC
Pipe Work) 24.81
PLUMBERS (Including HVAC
Pipe Work) 24.81 ........................................... ._ ._
Fringes
4.70
4.70
SUFL1029A 04/03/2000
Rates Fringes
ACOUSTICAL TILE INSTALLER
CARPENTERS (Including Drywall
DRYWALL FINISHERS
ELECTRICIANS
ELEVATOR MECHANIC
GLAZIERS
HVAC MECHANIC (Duct work only)
IRONWORKERS:
Ornamental
Structural
Uns ki 1 1 ed
Mason Tenders
Plasterers Tenders
Asphalt Raker
BRICKLAYERS/BLOCKLAYERS
Hanging and Batt Insulation)
LABORERS :
LATHERS
PAINTERS, BRUSH (Excluding
PLASTERERS
POWER EQUIPMENT OPERATORS:
Backhoe
Grader
Drywall Finishing)
12.67
16.00
13.85
13.38
15.49
15.15
13.43
12.63
13.58
12.71
8.55
9.00
9.00
9.25
13.85
11.72
14.70
12.50
13.40
1.09
3.42
2.28
1.55
1.29
3.46
2.08
2.17
1.11
1.97
1.72
Loader
Concrete Pump
Roller
Tractor
Dozer
ROOFERS
SHEETMETAL WORKERS
HVAC Duct work
SPRINKLER FITTERS
13.08
13.06
10.13
11.91
9.75
12.58
13.77
16.25
(Excluding
TERRAZZO MECHANICS 12.13
TILE SETTERS 13.78
TRUCK DRIVERS 10.25 ____________________----------------------------_
1.32
1.77
5.85
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (ii) .
In the listing above, the foSUoo designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
____________________--_-------------------_---------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be :
* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a
position on a wage determination matter * a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
EXHIBIT “B”
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Federal Highway Administration Provision - Buy America
Source of Supply - Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron
produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended.
Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a
manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a
product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A
manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have
been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source
material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g.,
concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the
manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not
exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all
steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the
Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or
iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into
the furnished product was manufactured in the United States in accordance with the requirements of this specification
and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement
that the product was produced entirely within the United States, or (2) a statement that the product was produced
within the United States except for minimal quantities of foreign steel and iron valued at $
Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows
the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer’s
written approval prior to incorporating the material into the project.
EXHIBIT “C”
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I.
II.
Ill.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
A.
I.
Required Contract Provisions Federal-Aid .Construction Contracts
General
Nondiscrimination
Nonseareaated Facilities
Payment of Predetermined Minimum Waqe
Statements and Pavrolls
Record of Materials, Supplies. and Labor
Sublettinq or Assiqnina the Contract
Safetv: Accident Prevention
False Statements Concernina Hiahwav Projects
Implementation of Clean Air Act and Federal Water Pollution Control Act
Certification Resardins Debarment, Suspension Ineliqibilitv, and Voluntarv Exclusion
Certification Resardina Use of Contract Funds for Lobbyinq
Attachments
Employment Preference for Atmalachian Contracts (included in Appalachian contracts onlv)
GENERAL
1. These contract provisions shall apply to all work performed on the contract by the contractor's
own organization and with the assistance of workers under the contractor's immediate
superintendence and to all work performed on the contract by piecework, station work, or by
subcontract.
Except as otherwise provided for in each section, the contractor shall insert in each
subcontract all of the stipulations contained in these Required Contract Provisions, and
further require their inclusion in any lower tier subcontract or purchase order that may in turn
be made. The Required Contract Provisions shall not be incorporated by reference in any
case. The prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with these Required Contract Provisions.
A breach of any of the stipulations contained in these Required Contract Provisions shall be
sufficient grounds for termination of the contract.
A breach of the following clauses of the Required Contract Provisions may also be grounds
for debarment as provided in 29 CFR 5.12:
2.
3.
4.
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 29.
5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and
Section V of these Required Contract Provisions shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the procedures of
the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its subcontractors)
and the contracting agency, the DOL, or the contractor's employees or their representatives.
Selection of Labor: During the performance of this contract, the contractor shall not:
discriminate against labor from any other State, possession, or territory of the United
States (except for employment preference for Appalachian contracts, when
applicable, as specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless it is
labor performed by convicts who are on parole, supervised release, or probation.
6.
a.
b.
N 0 N D ISC RI MI N AT1 ON II.
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(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or
more.)
Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to
discriminate and to take affirmative action to assure equal opportunity as set forth under laws,
executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and 6rders of
the Secretary of Labor as modified by the provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards
for the contractor's project activities under this contract. The Equal Opportunity Construction
Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American
Disabilities Act of 1990 (42 U.S.C. 12101 gt sea.) set forth under 28 CFR 35 and 29 CFR
1630 are incorporated by reference in this contract. In the execution of this contract, the
contractor agrees to comply with the following minimum specific requirement activities of
EEO:
a. The contractor will work with the State highway agency (SHA) and the Federal
Government in carrying out EEO obligations and in their review of hidher activities
under the contract.
The contractor will accept as his operating policy the following statement: b.
"It is the policy of this Company to assure that applicants are employed, and
that employees are treated during employment, without regard to their race,
religion, sex, color, national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship,
preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the SHA contracting officers
an EEO Officer who will have the responsibility for and must be capable of effectively
administering and promoting an active contractor program of EEO and who must be assigned
adequate authority and responsibility to do so.
Dlssemination of Policy: All members of the contractor's staff who are authorized to hire,
supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the
contractor's EEO policy and contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above agreement will be met, the following
actions will be taken as a minimum:
Periodic meetings of supervisory and personnel office employees will be conducted
before the start of work and then not less often than once every six months, at which
time the contractor's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
All new supervisory or personnel office employees will be given a thorough
indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for duty with the contractor.
All personnel who are engaged in direct recruitment for the project will be Instructed
by the EEO Officer in the contractor's procedures for locating and hiring minority
group employees,
Notices and posters setting forth the contractor's EEO policy will be placed in areas
readily accessible to employees, applicants for employment and potential employees.
The contractor's EEO policy and the procedures to implement such policy will be
brought to the attention of employees by means of meetings, employee handbooks,
or other appropriate means.
3.
a.
b.
c.
d.
e.
4. Recruitment: When advertising for employees, the contractor will include in all
advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minority
groups in the area from which the project work force would normally be derived.
The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employee referral
a.
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sources likely to yield qualified minority group applicants. To meet this requirement,
the contractor will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority group applicants
may be referred to the contractor for employment consideration.
In the event the contractor has a valid bargaining agreement providing for exclusive
e hiring hall referrals, he is expected to observe the provisions of that agreement to the
extent that the system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of such agreements have
the effect of discriminating against minorities or women, or obligates the contractor to
do the same, such implementation violates Executive Order 11246, as amended.)
The contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring
minority group applicants will be discussed with employees.
Personnel Actions: Wages, working conditions, and employee benefits shall be established
and administered, and personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race,
color, religion, sex, national origin, age or disability. The following procedures shall be
followed:
b.
c.
5.
a, The contractor will conduct periodic inspections of project sites to insure that working
conditions and employee facilities do not indicate discriminatory treatment of project
site personnel.
The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found, the
contractor will promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
The contractor will promptly investigate all complaints of alleged discrimination made
to the contractor in connection with his obligations under this contract, will attempt to
resolve such complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimination may affect
persons other than the complainant, such corrective action shall include such other
persons. Upon completion of each investigation, the contractor will inform every
complainant of all of his avenues of appeal.
The contractor will assist in locating, qualifying, and increasing the skills of minority
group and women employees, and applicants for employment.
Consistent with the contractor's work force requirements and as permissible under
Federal and State regulations, the contractor shall make full use of training programs,
i.e., apprenticeship, and on-the-job training programs for the geographical area of
contract performance. Where feasible, 25 percent of apprentices or trainees in each
occupation shall be in their first year of apprenticeship or training. In the event a
special provision for training is provided under this contract, this subparagraph will be
superseded as indicated in the special provision.
training programs and entrance requirements for each.
The contractor will periodically review the training and promotion potential of minority
group and women employees and will encourage eligible employees to apply for
such training and promotion.
Unions: If the contractor relies in whole or in part upon unions as a source of employees, the
contractor will use his/her best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and to effect referrals by such
unions of minority and female employees. Actions by the contractor either directly or through
a contractor's association acting as agent will include the procedures set forth below:
b.
c.
d.
6. Training and Promotion:
a.
b.
c. The contractor will advise employees and applicants for employment of available I
I
d.
I
7. 1
a. The contractor will use best efforts to develop, in cooperation with the unions, joint
training programs aimed toward qualifying more minority group members and women
for membership in the unions and increasing the skills of minority group employees
and women so that they may qualify for higher paying employment.
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b. The contractor will use best efforts to incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer applicants
without regard to their race, color, religion, sex, national origin, age or disability.
The contractor is to obtain information as to the referral practices and policies of the
labor union except that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such . information to the contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such information.
In the event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time limit set forth in the collective bargaining
agreement, the contractor will, through independent recruitment efforts, fill the
employment vacancies without regard to race, color, religion, sex, national origin, age
or disability; making full efforts to obtain qualified andlor qualifiable minority group
persons and women. (The DOL has held that it shall be no excuse that the union with
which the contractor has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union referral practice
prevents the contractor from meeting the obligations pursuant to Executive Order
11246, as amended, and these special provisions, such contractor shall immediately
notify the SHA.
Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national origin,
age or disability in the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
The contractor shall notify all potential subcontractors and suppliers of hislher EEO
obligations under this contract.
Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have
equal opportunity to compete for and perform subcontracts which the contractor
enters into pursuant to this contract. The contractor will use his best efforts to solicit
bids from and to utilize DBE subcontractors or subcontractors with meaningful
minority group and female representation among their employees. Contractors shall
obtain lists of DBE construction firms from SHA personnel.
The contractor will use his best efforts to ensure subcontractor compliance with their
EEO obligations.
c.
d.
8.
a.
b.
c.
9. Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be available at reasonable times
and places for inspection by authorized representatives of the SHA and the FHWA.
The number of minority and non-minority group members and women
employed in each work classification on the project;
The progress and efforts being made in cooperation with unions, when
applicable, to increase employment opportunities for minorities and women;
The progress and efforts being made in locating, hiring, training, qualifying,
and upgrading minority and female employees; and
The progress and efforts being made in securing the services of DBE
subcontractors or subcontractors with meaningful minority and female
representation among their employees.
The contractors will submit an annual report to the SHA each July for the duration of
the project, indicating the number of minority, women, and non-minority group
employees currently engaged in each work classification required by the contract
work. This information is to be reported on Form FHWA-1391. If on-the-job training is
being required by special provision, the contractor will be required to collect and
report training data.
a. The records kept by the contractor shall document the following:
1.
2.
3.
4.
b.
Ill. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or
more.)
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a. By submission of this bid, the execution of this contract or subcontract, or the consummation
of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid
construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies
that the firm does not maintain or provide for its employees any segregated facilities at any of
its establishments, and that the firm does not permit its employees to perform their services
at any location, under its control, where segregated facilities are maintained. The firm agrees
that a breach of this certification is a violation of the EEO provisions of this contract. The firm
further certifies that no employee will be denied access to adequate facilities on the basis of
sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker
rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive, or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local custom, or otherwise. The
only exception will be for the disabled when the demands for accessibility override (e.g.
disabled parking).
c. The contractor agrees that it has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will retain such certifications in its
files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural minor collectors, which are
exempt.)
0. General:
a. All mechanics and laborers employed or working upon the site of the work will be
paid unconditionally and not less often than once a week and without subsequent
deduction or rebate on any account [except such payroll deductions as are permitted
by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act
(40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment. The payment shall be computed at wage
rates not less than those contained in the wage determination of the Secretary of
Labor (hereinafter "the wage determination") which is attached hereto and made a
part hereof, regardless of any contractual relationship which may be alleged to exist
between the contractor or its subcontractors and such laborers and mechanics. The
wage determination (including any additional classifications and wage rates
conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or
Form FHWA-1495) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it
can be easily seen by the workers. For the purpose of this Section, contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section
l(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions
of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular
contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV.
Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked
therein, provided, that the employer's payroll records accurately set forth the time
spent in each classification in which work is performed.
b.
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c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29
CFR 1, 3, and 5 are herein incorporated by reference in this contract.
The SHA contracting officer shall require that any class of laborers or mechanics
employed under the contract, which is not listed in the wage determination, shall be
classified in conformance with the wage determination.
The contracting officer shall approve an additional classification, wage rate and fringe
benefits only when the following criteria have been met:
1. Classification:
a.
b.
1.
2.
3.
the work to be performed by the additional classification requested is not
performed by a classification in the wage determination;
the additional classification is utilized in the area by the construction industry;
the proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination; and
with respect to helpers, when such a classification prevails in the area in
which the work is performed.
If the contractor or subcontractors, as appropriate, the laborers and mechanics (if
known) to be employed in the additional classification or their representatives, and
the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken
shall be sent by the contracting officer to the DOL, Administrator of the Wage and
Hour Division, Employment Standards Administration, Washington, D.C. 2021 0. The
Wage and Hour Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
In the event the contractor or subcontractors, as appropriate, the laborers or
mechanics to be employed in the additional classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. Said Administrator, or an authorized representative,
will issue a determination within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time
is necessary
The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in
the additional classification from the first day on which work is performed in the
classification.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor or subcontractors, as appropriate, shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly
case equivalent thereof.
If the contractor or subcontractor, as appropriate, does not make payments to a
trustee or other third person, helshe may consider as a part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, provided, that the Secretary of
Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
4.
c,
d.
e.
2. Payment of Fringe Benefits:
a.
b.
3. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
1. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with
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the DOL, Employment and Training Administration, Bureau of Apprenticeship
and Training, or with a State apprenticeship agency recognized by the
Bureau, or if a person is employed in hidher first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State apprenticeship agency
(where appropriate) to be eligible for probationary employment as an
apprentice.
The allowable ratio of apprentices to journeyman-level employees on the job
site in any craft classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate listed in the wage determination for the
classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where a contractor
or subcontractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman-level hourly rate) specified in
the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a
percentage of the journeyman-level hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator for the Wage and Hour Division determines
that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Bureau of Apprenticeship and Training, or a State
apprenticeship agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor or subcontractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate
for the comparable work performed by regular employees until an acceptable
program is approved.
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the DOL,
Employment and Training Administration.
The ratio of trainees to journeyman-level employees on the job site shall not
be greater than permitted under the plan approved by the Employment and
Training Administration. Any employee listed on the payroll at a trainee rate
who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site In
excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work
actually performed.
Every trainee must be paid at not less than the rate specified in the approved
program for hislher level of progress, expressed as a percentage of the
journeyman-level hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits,
2.
3.
4.
b. Trainees:
1.
2.
3.
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Comptroller
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trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the
corresponding journeyman-level wage rate on the wage determination which
provides for less than full fringe benefits for apprentices, in which case such
trainees shall receive the same fringe benefits as apprentices.
In the event the Employment and Training Administration withdraws approval
of a training program, the contractor or subcontractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
4.
c. Helpers:
Helpers will be permitted to work on a project if the helper classification is
specified and defined on the applicable wage determination or is approved
pursuant to the conformance procedure set forth in Section IV.2. Any worker
listed on a payroll at a helper wage rate, who is not a helper under a
approved definition, shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed,
4. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which
have been certified by the Secretary of Transportation as promoting EEO in connection with
Federal-aid highway construction programs are not subject to the requirements of paragraph
4 of this Section IV. The straight time hourly wage rates for appr'entices and trainees under
such programs will be established by the particular programs. The ratio of apprentices and
trainees to journeymen shall not be greater than permitted by the terms of the particular
program.
5. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative
of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime contractor, or any other Federally-
assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the
same prime contractor, as much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full amount of wages required by the
contract, In the event of failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work, all or part of the wages
required by the contract, the SHA contracting officer may, after written notice to the
contractor, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
,
6. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers, mechanics, watchmen, or guards (including
apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or
permit any laborer, mechanic, watchman, or guard in any workweek in which helshe is
employed on such work, to work in excess of 40 hours in such workweek unless such
laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-
and-one-half times hislher basic rate of pay for all hours worked in excess of 40 hours in such
workweek.
7. Violation:
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Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause
set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall
be liable to the affected employee for hidher unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory) for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer, mechanic, watchman, or guard employed in violation of the clause set forth in
paragraph 7, in the sum of $10 for each calendar day on which such employee was required
or permitted to work in excess of the standard work week of 40 hours without payment of the
overtime wages required by the clause set forth in paragraph 7.
8. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized
representative of the DOL withhold, or cause to be withheld, from any monies payable on
account of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other Federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural collectors, which are
exempt.)
0. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of Labor
which are herein incorporated by reference.
1. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and
each subcontractor during the course of the work and preserved for a period of 3
years from the date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at the site of the work.
The payroll records shall contain the name, social security number, and address of
each such employee; his or her correct classification; hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section l(b)(2)(B) of the Davis Bacon
Act); dally and weekly number of hours worked; deductions made; and actual wages
paid. In addition, for Appalachian contracts, the payroll records shall contain a
notation indicating whether the employee does, or does not, normally reside in the
labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of
Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer
or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon
Act, the contractor and each subcontractor shall maintain records which show that
the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, that the plan or program has been communicated in writing to
the laborers or mechanics affected, and show the cost anticipated or the actual cost
incurred in providing benefits. Contractors or subcontractors employing apprentices
or trainees under approved programs shall maintain written evidence of the
registration of apprentices and trainees, and ratios and wage rates prescribed in the
applicable programs.
b.
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c. Each contractor and subcontractor shall furnish, each week in which any contract
work is performed, to the SHA resident engineer a payroll of wages paid each of its
employees (including apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5, and watchmen and guards engaged on work during the
preceding weekly payroll period). The payroll submitted shall set out accurately and
completely all of the information required to be maintained under paragraph 2b of this
Section V. This information may be submitted in any form desired. Optional Form
WH-347 is available for this purpose and may be purchased from the Superintendent
of Documents (Federal stock number 029-005-0014-I), US. Government Printing
Office, Washington, D.C. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or hidher agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
that the payroll for the payroll period contains the information required to be
maintained under paragraph 2b of this Section V and that such information is
correct and complete;
that such laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in the
Regulations, 29 CFR 3;
that each laborer or mechanic has been paid not less that the applicable
wage rate and fringe benefits or cash equivalent for the classification of
worked performed, as specified in the applicable wage determination
incorporated into the contract.
d.
1.
2.
3.
e. The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 2d of this Section V.
The falsification of any of the above certifications may subject the contractor to civil or
criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
The contractor or subcontractor shall make the records required under paragraph 2b
of this Section V available for inspection, copying, or transcription by authorized
representatives of the SHA, the FHWA, or the DOL, and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, the SHA, the FHWA, the DOL, or all may, after written notice to the
contractor, sponsor, applicant, or owner, take such actions as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
0. On all Federal-aid contracts on the National Highway System, except those which provide
solely for the installation of protective devices at railroad grade crossings, those which are
constructed on a force account or direct labor basis, highway beautification contracts, and
contracts for which the total final construction cost for roadway and bridge is less than
$1,000,000 (23 CFR 635) the contractor shall:
f.
g.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
a. Become familiar with the list of specific materials and supplies contained in Form
FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway
Construction Involving Federal Funds," prior to the commencement of work under
this contract.
Maintain a record of the total cost of all materials and supplies purchased for and
incorporated in the work, and also of the quantities of those specific materials and
supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47.
urnish, upon the completion of the contract, to the SHA resident engineer on Form
FHWA-47 together with the data required in paragraph 1 b relativFurnishaterials and
supplies, a final labor summary of all contract work indicating the total hours worked
and the total amount earned.
b.
c.
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1. At the prime contractor's option, either a single report covering all contract work or separate
reports for the contractor and for each subcontract shall be submitted.
0. The contractor shall perform with its own organization contract work amounting to not less
than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated by the State. Specialty items
may be performed by subcontract and the amount of any such specialty items performed may
be deducted from the total original contract price before computing the amount of work
required to be performed by the contractor's own organization (23 CFR 635).
VII. SUBLETTING OR ASSIGNING THE CONTRACT
a. "Its own organization" shall be construed to include only workers employed and paid
directly by the prime contractor and equipment owned or rented by the prime
contractor, with or without operators. Such term does not include employees or
equipment of a subcontractor, assignee, or agent of the prime contractor.
"Specialty Items" shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or equipment not ordinarily available in the type of
contracting organizations qualified and expected to bid on the contract as a whole
and in general are to be limited to minor components of the overall contract.
1, The contract amount upon which the requirements set forth in paragraph 1 of Section VI1 is
computed includes the cost of material and manufactured products which are to be
purchased or produced by the contractor under the contract provisions.
2. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by
the firm, has full authority to direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources (supervision, management, and
engineering services) as the SHA contracting officer determines is necessary to assure the
performance of the contract.
3. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the
written consent of the SHA Contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the contractor of any responsibility for
the fulfillment of the contract. Written consent will be given only after the SHA has assured
that each subcontract is evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
0. In the performance of this contract the contractor shall comply with all applicable Federal,
State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor
shall provide all safeguards, safety devices and protective equipment and take any other
needed actions as it determines, or as the SHA contracting officer may determine, to be
reasonably necessary to protect the life and health of employees on the job and the safety of
the public and to protect property in connection with the performance of the work covered by
the contract.
1. It is a condition of this contract, and shall be made a condition of each subcontract, which the
contractor enters into pursuant to this contract, that the contractor and any subcontractor
shall not permit any employee, in performance of the contract, to work in surroundings or
under conditions which are unsanitary, hazardous or dangerous to hidher health or safety, as
determined under construction safety and health standards (29 CFR 1926) promulgated by
the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or
authorized representative thereof, shall have right of entry to any site of contract performance
to inspect or investigate the matter of compliance with the construction safety and health
standards and to carry out the duties of the Secretary under Section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333).
FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
b.
VIII. SAFETY: ACCIDENT PREVENTION
IX.
In order to assure high quality and durable construction in conformity with approved plans and
specifications and a high degree of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.
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Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and
similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in
one or more places where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or
whoever, whether a person, association, firm, or corporation, knowingly makes any false statement,
false represenfation, or false report as to the character, quality, quantity, or cost of the material used
or to be used, or the quantify or qualify of the work performed or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications, contracts, or cosfs of construction
on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with
respect to the character, qualify, quantity, or cost of any work performed or to be performed, or
materials furnished or to be furnished, in connection with the construction of any highway or related
project approved by the Secretary of Transpotfation; or
Whoever knowingly makes any false statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined not more that $10,000 or imprisoned not more than 5 years or both. "
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or
more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder,
Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
0. That any facility that is or will be utilized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 gt sea., as
amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251 g seg., as amended by Pub.L. 92-500), Executive Order 11738, and
regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award,
on the US. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40
CFR 15.20.
1. That the firm agrees to comply and remain in compliance with all the requirements of Section
114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
2. That the firm shall promptly notify the SHA of the receipt of any communication from the
Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for
the contract is under consideration to be listed on the EPA List of Violating Facilities.
3. That the firm agrees to include or cause to be included the requirements of paragraph 1
through 4 of this Section X in every nonexempt subcontract, and further agrees to take such
action as the government may direct as a means of enforcing such requirements.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELlGlBlLlN AND VOLUNTARY
EXCLUSION
0. Instructions for Certification - Primary Covered Transactions:
XI.
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(Applicable to all Federal-aid contracts - 49 CFR 29)
a.
b.
C.
d.
e.
f.
g.
h.
I.
1,
By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
The inability of a person to provide the certification set out below will not necessarily
result in denial of participation in this covered transaction. The prospective participant
shall submit an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with the department
or agency's determination whether to enter into this transaction. However, failure of
the prospective primary participant to furnish a certification or an explanation shall
disqualify such a person from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction.
If it is later determined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal ,
Government, the department or agency may terminate this transaction for cause of
default.
The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
The prospective primary participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this
transaction.
The prospective primary participant further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by
the department or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the nonprocurement portion of the "Lists of Parties Excluded From
Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is
compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by thls
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
Except for transactions authorized under paragraph f of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency may terminate this transaction
for cause or default.
*****
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--
Primary Covered Transactions
11. The prospective primary participant certifies to the best of its knowledge and belief,
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
b. Have not within a 3-year period preceding this proposal been convicted of or
had a civil judgement rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph 1 b of this certification; and
d. Have not within a 3-year period preceding this applicationlproposal had one
or more public transactions (Federal, State or local) terminated for cause or
default.
that it and its principals:
12. Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
*****
1. Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000
or more - 49 CFR 29)
. By signing and submitting this proposal, the prospective lower tier is providing the
certification set out below.
a. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or
agency with which this transaction originated may pursue available remedies,
including suspension andlor debarment.
b. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous by reason of changed
circumstances.
c. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary
covered transaction," "participant," "person," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
d. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
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transaction, unless authorized by the department or agency with which this
transaction originated.
e. The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
A participant in a covered transaction may rely upon a certification of a prdspective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
g. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
h. Except for transactions authorized under paragraph e of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension andlor debarment.
f.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transactions:
9. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
10. Where the prospective lower tier participant is unable to certify to any of the
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000 - 49 CFR 20)
0. The prospective participant certifies, by signing and submitting this bid or proposal, to the
best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
a. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
.
'
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Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
1. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
2. The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $1 00,000 and that all such recipients shall certify and disclose accordingly.
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
3. During the performance of this contract, the contractor undertaking to do work which is, or
reasonably may be, done as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL wherein the contract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work
is situated, except: . To the extent that qualified persons regularly residing in the area are not available.
a. For the reasonable needs of the contractor to employ supervisory or specially
experienced personnel necessary to assure an efficient execution of the contract
work.
b. For the obligation of the contractor to offer employment to present or former
employees as the result of a lawful collective bargaining contract, provided that the
number of nonresident persons employed under this subparagraph IC shall not
exceed 20 percent of the total number of employees employed by the contractor on
the contract work, except as provided in subparagraph 4 below.
4. The contractor shall place a job order with the State Employment Service indicating (a) the
classifications of the laborers, mechanics and other employees required to perform the
contract work, (b) the number of employees required in each classification, (c) the date on
which he estimates such employees will be required, and (d) any other pertinent information
required by the State Employment Service to complete the job order form. The job order may
be placed with the State Employment Service in writing or by telephone. If during the course
of the contract work, the information submitted by the contractor in the original job order is
substantially modified, he shall promptly notify the State Employment Service.
5. The contractor shall give full consideration to all qualified job applicants referred to him by the
State Employment Service. The contractor is not required to grant employment to any job
applicants who, in his opinion, are not qualified to perform the classification of work required.
6. If, within 1 week following the placing of a job order by the contractor with the State
Employment Service, the State Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number requested, the State Employment
Service will forward a certificate to the contractor indicating the unavailability of applicants.
Such certificate shall be made a part of the contractor's permanent project records. Upon
receipt of this certificate, the contractor may employ persons who do not normally reside in
the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph lc above.
7. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in
every subcontract for work which is, or reasonably may be, done as on-site work.
Last modified on March 11, 2005
ADDENDUM II TO STAND-BY AGREEMENT
THIS ADDENDUM II to the Agreement is entered into by and between the CITY
OF PALM BEACH GARDENS (CITY), a municipal corporation, and PHILLIPS &
JORDAN (CONTRACTOR) this day of , 2007.
WHEREAS, on July 21, 2005, the City Council approved the award of contract to
the CONTRACTOR for Disaster Recovery Services; and
WHEREAS, the parties desire to amend the Agreement on certain terms and
conditions more particularly provided for below.
NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as
follows:
1. To the extent the CONTRACTOR performs emergency relief services on
behalf of the CITY where the CITY seeks reimbursement from the FHWA
Emergency Relief Program the CONTRACTOR agrees to comply with all
terms and conditions of the FHWA Emergency Relief Program, (“Program”),
including, but not limited to, the following:
A. Comply with the Davis-Bacon wage rates and the wage rates required
by the Program, attached hereto as Exhibit “A’ and by this reference
incorporated herein.
B. Comply with all “Buy America” requirements of the Program, attached as
Exhibit “B” and by this reference incorporated herein.
C. Comply with the provisions for Federal-Aid for Construction Contracts
found in FHWA-1273, the contents and terms of which are attached
hereto as Exhibit “C” and by this reference incorporated herein.
D. Comply with the National Environmental Policy Act (NEPA of 1969) as
amended from time to time.
E. Comply with 49 CFR Part 26, Disadvantaged Business Enterprise
Program.
F. Comply with the Americans with Disabilities Act of 1990, as amended
from time to time.
G. Comply with convict labor prohibition found in 23 U.S.C. 114.
2. To the extent not specifically amended herein, all other provisions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Addendum II to the Agreement.
CITY OF PALM BEACH GARDENS
By:
Joseph R. Russo, Mayor
ATTEST:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
CONTRACTOR:
PHILLIPS &JORDAN, INC.
WITNESSES: - e :n t
G:\attorney-share\AGREEMENTS\addendum I - stand-by agrnt - Phillips & jordan.doc
2
EXHIBIT “A”
General Decision Number: FL030046 09/01/2006 FL46
Superseded General Decision Number: FL020046
State: Florida
Construction Type: Building
County: Palm Beach County in Florida.
BUILDING CONSTRUCTION PROJECTS (dose not included residential
construction consisting of family homes and apartments up to
and including 4 stories).
Modification Number Publication Date
0 06/13/2003
1 09/01/2006
IRON0402-001 04/01/2003
Rates Fringes
Rates Fringes
Pipefitter (Excluding HVAC
Pipe Work) ..................... $ 23.06 7.61
Plumber (Including HVAC Pipe
Work) .......................... $ 23.06 7.61 __________________-_-__-----------------------------------------
* SUFL2000-001 04/03/2000
Rates Fringes
Acoustical Tile Installer ...... $ 12.67 1.09
Bricklayer/Blocklayer .......... $ 16.00
Carpenter (Including Drywall
Hanging and Batt Insulation) ... $ 13.85
Drywall Finisher ............... $ 13.38
Electrician .................... $ 15.49
Elevator Mechanic .............. $ 15.15
Glazier ........................ $ 13.43
HVAC Mechanic (Duct work only).$ 12.63
Ironworkers:
Ornamental .................. $ 13.58
Structural .................. $ 12.71
3.42
2.28
1.55
1.29
3.46
2.08
Laborers :
Asphalt Raker ............... $ 9.25
Mason Tenders ............... $ 9.00
Plasterers Tenders .......... $ 9.00
Unskilled ................... $ 8.55
2.17
Lather ......................... $ 13.85
Painter, Brush (Excluding
Drywall Finishing) ............. $ 11.72
Plasterer ...................... $ 14.70
Power equipment operators:
Backhoe ..................... $ 12.50
Concrete Pump ............... $ 13.06
Dozer ....................... $ 9.75
Grader ...................... $ 13.40
Loader ...................... $ 13.08
Roller ...................... $ 10.13
Tractor ..................... $ 11.91
Roofer (including Built Up,
Composition and Single Ply) .... $ 12.58
Sheetmetal Worker (Excluding
HVAC Duct work) ................ $ 13.77
Sprinkler Fitter ............... $ 16.25
Terrazzo Worker Mechanic ....... $ 12.13
1.11
1.97
1.72
1.32
1.77
5.85
Tile Setter .................... $ 13.78 1.42
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be :
* an existing published wage determination * a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
* a conformance (additional classification and rate) ruling
a wage determination matter
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party’s position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
General Decision Number FL030046
Superseded General Decision No. FL020046
State: Florida
Construction Type:
BUILDING
County(ies1 :
PALM BEACH
BUILDING CONSTRUCTION PROJECTS (dose not included residential
construction consisting of family homes and apartments up to and
including 4 stories).
Modification Number Publication Date
0 06/13/2003
COUNTY (ies) :
PALM BEACH
PLUM0630C 01/01/2000
Rates Fringes
PIPEFITTERS (Excluding HVAC
Pipe Work) 24.81 4.70
PLUMBERS (Including HVAC
Pipe Work) 24.81 4.70
SUFL1029A 04/03/2000
Rates Fringes
ACOUSTICAL TILE INSTALLER 12.67 1.09
BRICKLAYERS/BLOCKLAYERS 16.00
CARPENTERS (Including Drywall
Hanging and Batt Insulation) 13.85
DRYWALL FINISHERS 13.38
ELECTRICIANS 15.49
ELEVATOR MECHANIC 15.15
GLAZIERS 13.43
HVAC MECHANIC (Duct work only) 12.63
IRONWORKERS:
Ornamental 13.58
Structural 12.71
Unski 1 led 8.55
Mason Tenders 9.00
Plasterers Tenders 9.00
Asphalt Raker 9.25
LATHERS 13.85
PAINTERS, BRUSH (Excluding
Drywall Finishing) 11.72
PLASTERERS 14.70
POWER EQUIPMENT OPERATORS:
Backhoe 12.50
Grader 13.40
LABORERS :
3.42
2.28
1.55
1.29
3.46
2.08
2.17
1.11
1.97
1.72
Loader
Concrete Pump
Roller
Tractor
Dozer
ROOFERS
SHEETMETAL WORKERS
HVAC Duct work)
SPRINKLER FITTERS
TERRAZZO MECHANICS
TILE SETTERS
TRUCK DRIVERS
13.08
13.06
10.13
11.91
9.75
12.58
13.77
16.25
(Excluding
12.13
13.78
10.25
1.32
1.77
5.85
1.42
3.49
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (ii) ) .
In the listing above, the I1SU1l designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
________________________________________------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be :
* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a
* a conformance (additional classification and rate)
position on a wage determination matter
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final
END OF GENERAL DECISION
EXHIBIT “B”
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Federal Highway Administration Provision - Buy America
Source of Supply - Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron
produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended.
Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a
manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a
product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A
manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have
been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source
material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g.,
concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the
manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not
exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all
steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the
Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or
iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into
the furnished product was manufactured in the United States in accordance with the requirements of this specification
and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement
that the product was produced entirely within the United States, or (2) a statement that the product was produced
within the United States except for minimal quantities of foreign steel and iron valued at $
Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows
the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer’s
written approval prior to incorporating the material into the project.
EXHIBIT “C”
3 50-000-1 5
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Required Contract Provisions Federal-Aid Construction Contracts
I.
II.
111.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
A.
I.
II.
General
Nondiscrimination
Nonseareaated Facilities
Payment of Predetermined Minimum Waqe
Statements and Pavrolls
Record of Materials, Supplies, and Labor
Sublettins or Assiqninq the Contract
Safetv: Accident Prevention
False Statements Concerning Hiahwav Proiects
Implementation of Clean Air Act and Federal Water Pollution Control Act
Certification Resardina Debarment, Suspension Ineliqibility, and Voluntarv Exclusion
Certification Renardins Use of Contract Funds for Lobbvinq
Attachments
Emplovment Preference for Appalachian Contracts (included in Appalachian contracts onlv)
GENERAL
1. These contract provisions shall apply to all work performed on the contract by the contractor's
own organization and with the assistance of workers under the contractor's immediate
superintendence and to all work performed on the contract by piecework, station work, or by
subcontract.
Except as otherwise provided for in each section, the contractor shall insert in each
subcontract all of the stipulations contained in these Required Contract Provisions, and
further require their inclusion in any lower tier subcontract or purchase order that may in turn
be made. The Required Contract Provisions shall not be incorporated by reference in any
case. The prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with these Required Contract Provisions.
A breach of any of the stipulations contained in these Required Contract Provisions shall be
sufficient grounds for termination of the contract.
A breach of the following clauses of the Required Contract Provisions may also be grounds
for debarment as provided in 29 CFR 5.12:
2.
3.
4.
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 29.
5. Disputes arising out of the labor standards provisions of Secti n IV (except paragraph 5) and
Section V of these Required Contract Provisions shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the procedures of
the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its subcontractors)
and the contracting agency, the DOL, or the contractor's employees or their representatives.
Selection of Labor: During the performance of this contract, the contractor shall not:
discriminate against labor from any other State, possession, or territory of the United
States (except for employment preference for Appalachian contracts, when
applicable, as specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless it is
labor performed by convicts who are on parole, supervised release, or probation.
6.
a.
b.
NONDISCRIMINATION
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(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or
more.)
1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to
discriminate and to take affirmative action to assure equal opportunity as set forth under laws,
executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and Orders of
the Secretary of Labor as modified by the provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards
for the contractor's project activities under this contract. The Equal Opportunity Construction
Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American
Disabilities Act of 1990 (42 U.S.C. 12101 gt sea.) set forth under 28 CFR 35 and 29 CFR
1630 are incorporated by reference in this contract. In the execution of this contract, the
contractor agrees to comply with the following minimum specific requirement activities of
EEO:
a. The contractor will work with the State highway agency (SHA) and the Federal
Government in carrying out EEO obligations and in their review of hidher activities
under the contract.
The contractor will accept as his operating policy the following statement: b.
"It is the policy of this Company to assure that applicants are employed, and
that employees are treated during employment, without regard to their race,
religion, sex, color, national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship,
preapprenticeship, andlor on-the-job training."
2. EEO Officer: The contractor will designate and make known to the SHA contracting officers
an EEO Officer who will have the responsibility for and must be capable of effectively
administering and promoting an active contractor program of EEO and who must be assigned
adequate authority and responsibility to do so.
Dissemination of Policy: All members of the contractor's staff who are authorized to hire,
supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the
contractor's EEO policy and contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above agreement will be met, the following
actions will be taken as a minimum:
Periodic meetings of supervisory and personnel office employees will be conducted
before the start of work and then not less often than once every six months, at which
time the contractor's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
All new supervisory or personnel office employees will be given a thorough
indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for duty with the contractor.
All personnel who are engaged in direct recruitment for the project will be instructed
by the EEO Officer in the contractor's procedures for locating and hiring minority
group employees.
Notices and posters setting forth the contractor's EEO policy will be placed in areas
readily accessible to employees, applicants for employment and potential employees.
The contractor's EEO policy and the procedures to implement such policy will be
brought to the attention of employees by means of meetings, employee handbooks,
or other appropriate means.
3.
a.
b.
c.
d.
e.
4. Recruitment: When advertising for employees, the contractor will include in all
advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minority
groups in the area from which the project work force would normally be derived.
The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employee referral
a.
350-000-15
Comptroller
08/06
sources likely to yield qualified minority group applicants. To meet this requirement,
the contractor will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority group applicants
may be referred to the contractor for employment consideration.
In the event the contractor has a valid bargaining agreement providing for exclusive
' hiring hall referrals, he is expected to observe the provisions of that agreement to the
extent that the system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of such agreements have
the effect of discriminating against minorities or women, or obligates the contractor to
do the same, such implementation violates Executive Order 11246, as amended.)
The contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring
minority group applicants will be discussed with employees.
Personnel Actions: Wages, working conditions, and employee benefits shall be established
and administered, and personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race,
color, religion, sex, national origin, age or disability. The following procedures shall be
followed:
b.
c.
5.
a. The contractor will conduct periodic inspections of project sites to insure that working
conditions and employee facilities do not indicate discriminatory treatment of project
site personnel.
The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found, the
contractor will promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
The contractor will promptly investigate all complaints of alleged discrimination made
to the contractor in connection with his obligations under this contract, will attempt to
resolve such complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimination may affect
persons other than the complainant, such corrective action shall include such other
persons. Upon completion of each investigation, the contractor will inform every
complainant of all of his avenues of appeal.
The contractor will assist in locating, qualifying, and increasing the skills of minority
group and women employees, and applicants for employment.
Consistent with the contractor's work force requirements and as permissible under
Federal and State regulations, the contractor shall make full use of training programs,
Le., apprenticeship, and on-the-job training programs for the geographical area of
contract performance. Where feasible, 25 percent of apprentices or trainees in each
occupation shall be in their first year of apprenticeship or training. In the event a
special provision for training is provided under this contract, this subparagraph will be
superseded as indicated in the special provision.
The contractor will advise employees and applicants for employment of available
training programs and entrance requirements for each.
The contractor will periodically review the training and promotion potential of minority
group and women employees and will encourage eligible employees to apply for
such training and promotion.
Unions: If the contractor relies in whole or in part upon unions as a source of employees, the
contractor will use hislher best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and to effect referrals by such
unions of minority and female employees. Actions by the contractor either directly or through
a contractor's association acting as agent will include the procedures set forth below:
b.
c.
d.
6. Training and Promotion:
a.
b.
c.
d.
7.
a. The contractor will use best efforts to develop, in cooperation with the unions, joint
training programs aimed toward qualifying more minority group members and women
for membership in the unions and increasing the skills of minority group employees
and women so that they may qualify for higher paying employment.
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b. The contractor will use best efforts to incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer applicants
without regard to their race, color, religion, sex, national origin, age or disability.
The contractor is to obtain information as to the referral practices and policies of the
labor union except that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such information.
In the event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time limit set forth in the collective bargaining
agreement, the contractor will, through independent recruitment efforts, fill the
employment vacancies without regard to race, color, religion, sex, national origin, age
or disability; making full efforts to obtain qualified andlor qualifiable minority group
persons and women. (The DOL has held that it shall be no excuse that the union with
which the contractor has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union referral practice
prevents the contractor from meeting the obligations pursuant to Executive Order
11246, as amended, and these special provisions, such contractor shall immediately
notify the SHA.
Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national origin,
age or disability in the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
c.
d.
8.
a.
b.
The contractor shall notify all potential subcontractors and suppliers of hislher EEO
obligations under this contract.
Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have
equal opportunity to compete for and perform subcontracts which the contractor
enters into pursuant to this contract. The contractor will use his best efforts to solicit
bids from and to utilize DBE subcontractors or subcontractors with meaningful
minority group and female representation among their employees. Contractors shall
obtain lists of DBE construction firms from SHA personnel.
The contractor will use his best efforts to ensure subcontractor compliance with their
EEO obligations.
c.
9. Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be available at reasonable times
and places for inspection by authorized representatives of the SHA and the FHWA.
a. The records kept by the contractor shall document the following:
1.
2.
3.
4.
The number of minority and non-minority group members and women
employed in each work classification on the project;
The progress and efforts being made in cooperation with unions, when
applicable, to increase employment opportunities for minorities and women;
The progress and efforts being made in locating, hiring, training, qualifying,
and upgrading minority and female employees; and
The progress and efforts being made in securing the services of DBE
subcontractors or subcontractors with meaningful minority and female
representation among their employees.
The contractors will submit an annual report to the SHA each July for the duration of
the project, indicating the number of minority, women, and non-minority group
employees currently engaged in each work classification required by the contract
work. This information is to be reported on Form FHWA-1391. If on-the-job training is
being required by special provision, the contractor will be required to collect and
report training data.
b.
Ill. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $1 0,000 or
more.)
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a. By submission of this bid, the execution of this contract or subcontract, or the consummation
of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid
construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies
that the firm does not maintain or provide for its employees any segregated facilities at any of
its establishments, and that the firm does not permit its employees to perform their services
at any location, under its control, where segregated facilities are maintained. The firm agrees
that a breach of this certification is a violation of the EEO provisions of this contract. The firm
further certifies that no employee will be denied access to adequate facilities on the basis of
sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker
rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive, or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local custom, or otherwise. The
only exception will be for the disabled when the demands for accessibility override (e.g.
disabled parking).
c. The contractor agrees that it has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will retain such certifications in its
files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural minor collectors, which are
exempt.)
0. General:
a. All mechanics and laborers employed or working upon the site of the work will be
paid unconditionally and not less often than once a week and without subsequent
deduction or rebate on any account [except such payroll deductions as are permitted
by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act
(40 U.S.C. 276c)l the full amounts of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment. The payment shall be computed at wage
rates not less than those contained in the wage determination of the Secretary of
Labor (hereinafter "the wage determination") which is attached hereto and made a
part hereof, regardless of any contractual relationship which may be alleged to exist
between the contractor or its subcontractors and such laborers and mechanics. The
wage determination (including any additional classifications and wage rates
conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or
Form FHWA-1495) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it
can be easily seen by the workers. For the purpose of this Section, contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section
1 (b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions
of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular
contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV.
Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked
therein, provided, that the employer's payroll records accurately set forth the time
spent in each classification in which work is performed.
b.
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c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29
CFR 1, 3, and 5 are herein incorporated by reference in this contract.
The SHA contracting officer shall require that any class of laborers or mechanics
employed under the contract, which is not listed in the wage determination, shall be
classified in conformance with the wage determination.
The contracting officer shall approve an additional classification, wage rate and fringe
benefits only when the following criteria have been met:
1. Classification:
a.
b.
1,
2.
3.
the work to be performed by the additional classification requested is not
performed by a classification in the wage determination;
the additional classification is utilized in the area by the construction industry;
the proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination; and
with respect to helpers, when such a classification prevails in the area in
which the work is performed.
4.
c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if
known) to be employed in the additional classification or their representatives, and
the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken
shall be sent by the contracting officer to the DOL, Administrator of the Wage and
Hour Division, Employment Standards Administration, Washington, D.C. 20210. The
Wage and Hour Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
In the event the contractor or subcontractors, as appropriate, the laborers or
mechanics to be employed in the additional classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. Said Administrator, or an authorized representative,
will issue a determination within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time
is necessary
The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in
the additional classification from the first day on which work is performed in the
classification.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor or subcontractors, as appropriate, shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly
case equivalent thereof.
If the contractor or subcontractor, as appropriate, does not make payments to a
trustee or other third person, he/she may consider as a part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, provided, that the Secretary of
Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
d.
e.
2. Payment of Fringe Benefits:
a.
b.
3. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
1. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with
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the DOL, Employment and Training Administration, Bureau of Apprenticeship
and Training, or with a State apprenticeship agency recognized by the
Bureau, or if a person is employed in hislher first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State apprenticeship agency
(where appropriate) to be eligible for probationary employment as an
apprentice.
The allowable ratio of apprentices to journeyman-level employees on the job
site in any craft classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate listed in the wage determination for the
classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where a contractor
or subcontractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman-level hourly rate) specified in
the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a
percentage of the journeyman-level hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator for the Wage and Hour Division determines
that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Bureau of Apprenticeship and Training, or a State
apprenticeship agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor or subcontractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate
for the comparable work performed by regular employees until an acceptable
program is approved.
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the DOL,
Employment and Training Administration.
The ratio of trainees to journeyman-level employees on the job site shall not
be greater than permitted under the plan approved by the Employment and
Training Administration. Any employee listed on the payroll at a trainee rate
who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work
actually performed.
Every trainee must be paid at not less than the rate specified in the approved
program for his/her level of progress, expressed as a percentage of the
journeyman-level hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits,
2.
3.
4.
b. Trainees:
1.
2.
3.
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trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the
corresponding journeyman-level wage rate on the wage determination which
provides for less than full fringe benefits for apprentices, in which case such
trainees shall receive the same fringe benefits as apprentices.
In the event the Employment and Training Administration withdraws approval
of a training program, the contractor or subcontractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
4.
c. Helpers:
Helpers will be permitted to work on a project if the helper classification is
specified and defined on the applicable wage determination or is approved
pursuant to the conformance procedure set forth in Section IV.2. Any worker
listed on a payroll at a helper wage rate, who is not a helper under a
approved definition, shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed.
4. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which
have been certified by the Secretary of Transportation as promoting EEO in connection with
Federal-aid highway construction programs are not subject to the requirements of paragraph
4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under
such programs will be established by the particular programs. The ratio of apprentices and
trainees to journeymen shall not be greater than permitted by the terms of the particular
program.
5. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative
of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime contractor, or any other Federally-
assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the
same prime contractor, as much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work, all or part of the wages
required by the contract, the SHA contracting officer may, after written notice to the
contractor, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
.
6. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers, mechanics, watchmen, or guards (including
apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or
permit any laborer, mechanic, watchman, or guard in any workweek in which helshe is
employed on such work, to work in excess of 40 hours in such workweek unless such
laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-
and-one-half times hislher basic rate of pay for all hours worked in excess of 40 hours in such
workweek.
7. Violation:
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Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause
set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall
be liable to the affected employee for hidher unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory) for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer, mechanic, watchman, or guard employed in violation of the clause set forth in
paragraph 7, in the sum of $10 for each calendar day on which such employee was required
or permitted to work in excess of the standard work week of 40 hours without payment of the
overtime wages required by the clause set forth in paragraph 7.
8. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized
representative of the DOL withhold, or cause to be withheld, from any monies payable on
account of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other Federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural collectors, which are
exempt.)
0. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of Labor
which are herein incorporated by reference.
1. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and
each subcontractor during the course of the work and preserved for a period of 3
years from the date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at the site of the work.
The payroll records shall contain the name, social security number, and address of
each such employee; his or her correct classification; hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section l(b)(2)(B) of the Davis Bacon
Act); daily and weekly number of hours worked; deductions made; and actual wages
paid. In addition, for Appalachian contracts, the payroll records shall contain a
notation indicating whether the employee does, or does not, normally reside in the
labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of
Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer
or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon
Act, the contractor and each subcontractor shall maintain records which show that
the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, that the plan or program has been communicated in writing to
the laborers or mechanics affected, and show the cost anticipated or the actual cost
incurred in providing benefits. Contractors or subcontractors employing apprentices
or trainees under approved programs shall maintain written evidence of the
registration of apprentices and trainees, and ratios and wage rates prescribed in the
applicable programs.
b.
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c. Each contractor and subcontractor shall furnish, each week in which any contract
work is performed, to the SHA resident engineer a payroll of wages paid each of its
employees (including apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5, and watchmen and guards engaged on work during the
preceding weekly payroll period). The payroll submitted shall set out accurately and
completely all of the information required to be maintained under paragraph 2b of this
Section V. This information may be submitted in any form desired. Optional Form
WH-347 is available for this purpose and may be purchased from the Superintendent
of Documents (Federal stock number 029-005-0014-I), US. Government Printing
Office, Washington, D.C. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or hidher agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
that the payroll for the payroll period contains the information required to be
maintained under paragraph 2b of this Section V and that such information is
correct and complete;
that such laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in the
Regulations, 29 CFR 3;
that each laborer or mechanic has been paid not less that the applicable
wage rate and fringe benefits or cash equivalent for the classification of
worked performed, as specified in the applicable wage determination
incorporated into the contract.
d.
1.
2.
3.
e. The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 2d of this Section V.
The falsification of any of the above certifications may subject the contractor to civil or
criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
The contractor or subcontractor shall make the records required under paragraph 2b
of this Section V available for inspection, copying, or transcription by authorized
representatives of the SHA, the FHWA, or the DOL, and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, the SHA, the FHWA, the DOL, or all may, after written notice to the
contractor, sponsor, applicant, or owner, take such actions as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
0. On all Federal-aid contracts on the National Highway System, except those which provide
solely for the installation of protective devices at railroad grade crossings, those which are
constructed on a force account or direct labor basis, highway beautification contracts, and
contracts for which the total final construction cost for roadway and bridge is less than
$1,000,000 (23 CFR 635) the contractor shall:
f.
g.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
a. Become familiar with the list of specific materials and supplies contained in Form
FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway
Construction Involving Federal Funds," prior to the commencement of work under
this contract.
Maintain a record of the total cost of all materials and supplies purchased for and
incorporated in the work, and also of the quantities of those specific materials and
supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47.
urnish, upon the completion of the contract, to the SHA resident engineer on Form
FHWA-47 together with the data required in paragraph 1 b relativFurnishateriaIs and
supplies, a final labor summary of all contract work indicating the total hours worked
and the total amount earned.
b.
c.
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1. At the prime contractor's option, either a single report covering all contract work or separate
reports for the contractor and for each subcontract shall be submitted.
0. The contractor shall perform with its own organization contract work amounting to not less
than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated by the State. Specialty items
may be performed by subcontract and the amount of any such specialty items performed may
be deducted from the total original contract price before computing the amount of work
required to be performed by the contractor's own organization (23 CFR 635).
VII. SUBLETTING OR ASSIGNING THE CONTRACT
a. "Its own organization" shall be construed to include only workers employed and paid
directly by the prime contractor and equipment owned or rented by the prime
contractor, with or without operators. Such term does not include employees or
equipment of a subcontractor, assignee, or agent of the prime contractor,
"Specialty Items" shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or equipment not ordinarily available in the type of
contracting organizations qualified and expected to bid on the contract as a whole
and in general are to be limited to minor components of the overall contract.
1. The contract amount upon which the requirements set forth in paragraph 1 of Section VI1 is
computed includes the cost of material and manufactured products which are to be
purchased or produced by the contractor under the contract provisions.
2. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by
the firm, has full authority to direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources (supervision, management, and
engineering services) as the SHA contracting officer determines is necessary to assure the
performance of the contract.
3. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the
written consent of the SHA contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the contractor of any responsibility for
the fulfillment of the contract. Written consent will be given only after the SHA has assured
that each subcontract is evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
0. In the performance of this contract the contractor shall comply with all applicable Federal,
State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor
shall provide all safeguards, safety devices and protective equipment and take any other
needed actions as it determines, or as the SHA contracting officer may determine, to be
reasonably necessary to protect the life and health of employees on the job and the safety of
the public and to protect property in connection with the performance of the work covered by
the con tract.
1. It is a condition of this contract, and shall be made a condition of each subcontract, which the
contractor enters into pursuant to this contract, that the contractor and any subcontractor
shall not permit any employee, in performance of the contract, to work in surroundings or
under conditions which are unsanitary, hazardous or dangerous to hidher health or safety, as
determined under construction safety and health standards (29 CFR 1926) promulgated by
the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or
authorized representative thereof, shall have right of entry to any site of contract performance
to inspect or investigate the matter of compliance with the construction safety and health
standards and to carry out the duties of the Secretary under Section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333).
FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
b.
VIII. SAFETY: ACCIDENT PREVENTION
IX.
In order to assure high quality and durable construction in conformity with approved plans and
specifications and a high degree of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible,
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Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and
similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in
one or more places where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or
whoever, whether a person, association, firm, or corporation, knowingly makes any false statement,
false representation, or false report as to the character, quality, quantity, or cost of the material used
or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof
in connection wifh the submission of plans, maps, specifications, contracts, or costs of construction
on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with
respect to the character, quality, quantity, or cost of any work performed or to be performed, or
materials furnished or to be furnished, in connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act
approved July I, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined not more that $10,000 or imprisoned not more than 5 years or both. "
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or
more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder,
Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
0. That any facility that is or will be utilized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as
amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251 @sea., as amended by Pub.L. 92-500), Executive Order 11738, and
regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award,
on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40
CFR 15.20.
1, That the firm agrees to comply and remain in compliance with all the requirements of Section
114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
2. That the firm shall promptly notify the SHA of the receipt of any communication from the
Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for
the contract is under consideration to be listed on the EPA List of Violating Facilities.
3. That the firm agrees to include or cause to be included the requirements of paragraph 1
through 4 of this Section X in every nonexempt subcontract, and further agrees to take such
action as the government may direct as a means of enforcing such requirements.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
XI.
0. Instructions for Certification - Primary Covered Transactions:
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(Applicable to all Federal-aid contracts - 49 CFR 29)
a.
b.
C.
d.
e.
f.
g.
h.
i.
j.
By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
The inability of a person to provide the certification set out below will not necessarily
result in denial of participation in this covered transaction. The prospective participant
shall submit an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with the department
or agency's determination whether to enter into this transaction. However, failure of
the prospective primary participant to furnish a certification or an explanation shall
disqualify such a person from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction.
If it is later determined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal ,
Government, the department or agency may terminate this transaction for cause of
default.
The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
The prospective primary participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this
transaction.
The prospective primary participant further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by
the department or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the nonprocurement portion of the "Lists of Parties Excluded From
Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is
compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
Except for transactions authorized under paragraph f of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency may terminate this transaction
for cause or default.
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*****
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--
Primary Covered Transactions
11. The prospective primary participant certifies to the best of its knowledge and belief,
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
b. Have not within a 3-year period preceding this proposal been convicted of or
had a civil judgement rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph 1 b of this certification; and
d. Have not within a 3-year period preceding this applicationlproposal had one
or more public transactions (Federal, State or local) terminated for cause or
default.
that it and its principals:
12. Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
*****
1. Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000
or more - 49 CFR 29)
. By signing and submitting this proposal, the prospective lower tier is providing the
certification set out below.
a. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or
agency with which this transaction originated may pursue available remedies,
including suspension andlor debarment.
b. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous by reason of changed
circumstances.
c. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary
covered transaction," "participant," "person," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
d. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
350-000-15
Comptroller
08/06
transaction, unless authorized by the department or agency with which this
transaction originated.
e. The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
g. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
h. Except for transactions authorized under paragraph e of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
f.
*****
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transactions:
9. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
10. Where the prospective lower tier participant is unable to certify to any of the
*****
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000 - 49 CFR 20)
0. The prospective participant certifies, by signing and submitting this bid or proposal, to the
best of his or her knowledge and belief, that: . No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
a. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
350-000-15
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08/06
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
1. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
2. The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
3. During the performance of this contract, the contractor undertaking to do work which is, or
reasonably may be, done as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL wherein the contract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work
is situated, except:
. To the extent that qualified persons regularly residing in the area are not available.
a. For the reasonable needs of the contractor to employ supervisory or specially
experienced personnel necessary to assure an efficient execution of the contract
work.
b. For the obligation of the contractor to offer employment to present or former
employees as the result of a lawful collective bargaining contract, provided that the
number of nonresident persons employed under this subparagraph IC shall not
exceed 20 percent of the total number of employees employed by the contractor on
the contract work, except as provided in subparagraph 4 below.
4. The contractor shall place a job order with the State Employment Service indicating (a) the
classifications of the laborers, mechanics and other employees required to perform the
contract work, (b) the number of employees required in each classification, (c) the date on
which he estimates such employees will be required, and (d) any other pertinent information
required by the State Employment Service to complete the job order form. The job order may
be placed with the State Employment Service in writing or by telephone. If during the course
of the contract work, the information submitted by the contractor in the original job order is
substantially modified, he shall promptly notify the State Employment Service.
5. The contractor shall give full consideration to all qualified job applicants referred to him by the
State Employment Service. The contractor is not required to grant employment to any job
applicants who, in his opinion, are not qualified to perform the classification of work required.
6. If, within I week following the placing of a job order by the contractor with the State
Employment Service, the State Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number requested, the State Employment
Service will forward a certificate to the contractor indicating the unavailability of applicants.
Such certificate shall be made a part of the contractork permanent project records. Upon
receipt of this certificate, the contractor may employ persons who do not normally reside in
the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph IC above.
7. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in
every subcontract for work which is, or reasonably may be, done as on-site work.
Last modified on March 11, 2005
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 16, 2007
Meeting Date: March 1, 2007
Resolution 22, 2007
SubjecUAgenda Item: Approve Addenda to Agreements with C & W Logistics, Inc. and
Total Maintenance Building Services, Inc. for Storm-Generated Debris Hauling and
Disposal Services
[ X ] Recommendation to APPmVE
1 Recommendation to DMV
i Reviewed by:
Christine Tatum
City Attorney /”
Services Admi
Department Director
*Q+ Citv nacl r
Operations Manager
Advertised: NIA
Date:
Paper:
L
[ ] Not Required
Affected parties
[ X ] Notified
[ ] Not required
4
costs: $ 00
(Total)
$ 00
Current FY
Funding Source:
[ ] Operating
[ X ] Other
Reserves only when
needed
Budget Acct. #: NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
e
e
Resolution 22, 2007
Exhibit A: Agreements
Exhibit B: Addendums
[ ]None
Date Prepared: February 16,2007
Meeting Date: March 1,2007
Resolution 22, 2007
0 BACKGROUND:
In September 2006, the City awarded a contract to C & W Logistics, Inc. as the
primary contractor for storm-generated debris material disposal services, as well as an
alternate contract with Total Maintenance Building Services, Inc. The City entered into
“Stand By Agreements” for Disaster Recovery Services with both vendors, which allows
access to more resources in the event of a disaster. Both agreements expired on
January 31,2007. The City desires to extend the agreements for an additional one year
term beginning February 1,2007 through January 31,2008.
In addition, these vendors may be directed to perform work related to roadways
within the City that are under the jurisdiction of the Federal Highway Administration
(FHWA). In turn, the FHWA will reimburse the City for such work. However, the FHWA
requires that certain terms and conditions be incorporated into any contracts related to
emergency services conducted on these roadways. Therefore, the following Addenda
incorporate such terms and conditions to ensure reimbursement from the FHWA as well
as extend the term of the agreement.
0 STAFF RECOMMENDATION: Approve Resolution 22,2007 as presented.
Date Prepared: February 5, 2007
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RESOLUTION 22,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING ADDENDA TO
STAND-BY AGREEMENTS WITH C & W LOGISTICS, INC. AND
TOTAL MAINTENANCE BUILDING SERVICES, INC. FOR
STORM-GENERATED DEBRIS MATERIAL DISPOSAL
SERVICES; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE ADDENDA; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on September 6, 2006, the City Council approved Agreements to C
& W Logistics, Inc. and Total Maintenance Building Services, Inc. for storm-generated
debris material disposal services, which expired on January 31, 2007, a copy of which is
attached hereto as Exhibit “A; and
WHEREAS, the City as well as both vendors desires to renew said Agreements
for an additional one-year term, beginning February 1, 2007, and ending January 31,
2008; and
WHEREAS, the aforementioned vendors may be required to perform services
related to certain roadways within the City limits that are maintained by the Federal
Highway Ad ministration; and
WHEREAS, the City desires to amend the Agreements to include certain terms
and conditions required by the Federal Highway Administration in order to receive
reimbursement following a disaster event; and
WHEREAS, the Addenda have been prepared to reflect the aforementioned
terms and conditions and are attached hereto as Exhibit “B”; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems
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 recitals are hereby affirmed and ratified.
Date Prepared: February 5, 2007
Resolution 22, 2007
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SECTlON2. The City Council hereby approves the Addenda to the Stand-By
Agreements between the City of Palm Beach Gardens and C & W Logistics, Inc. and
Total Maintenance Building Services, Inc., and hereby authorizes the Mayor and City
Clerk to execute said Addendums.
SECTION 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
G:\attorney-share\RESOLUTlONS\addenda to standby agmts reso 22 2007.doc
2
Date Prepared: February 5,2007
Resolution 22,2007
EXHIBIT "A"
STAND-BY AGREEMENT
STORM-GENERATED DEBRIS MATERIAL DISPOSAL SERVICES
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a Florida municipal corporation (“City”), and C & W Logistics, Inc.
(“Contractor”).
WHEREAS, the City desires to retain the services of the Contractor to provide
hauling and disposal of storm-generated debris materials as the primary source.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF ITB (Invitation to Bid)
The terms and conditions of this Agreement shall include and incorporate the
terms, conditions, and specifications set forth in the City’s ITB #2006-006 dated June 1,
2006, and the Contractor‘s Response to the ITB #2006-006, including all documentation
required thereunder.
ARTICLE 2. SCOPE OF SERVICES
The Contractor shall perform those services identified in the specifications
accompanying the City’s ITB #2006-006, which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
The City shall pay the Contractor for work satisfactorily performed in accordance
with unit prices provided in the ITB #2006-006 submittal for the full and faithful
performance of this Agreement. Regardless of the foregoing, the City reserves the right
to set off against the Contractor for any and all damages or unsatisfactory work
performed by the Contractor, and this action shall not be deemed a default by the City.
ARTICLE 4. TERM OF AGREEMENT
The initial term of this Agreement shall commence upon issuance of a “Notice to
Proceed” by the parties hereto and remain in effect until January 31, 2007, or until final
acceptance of storm-generated debris material disposal by the City. The City reserves
the right to extend the agreement for three (3) additional one (1) year renewal term
periods, providing both parties agree to the extension, all terms, conditions, and
specifications remain the same, and such extension is approved by the City. The
parties agree that time is of the essence in the performance of each and every
obligation of this Agreement in the event that the hauling and disposal of storm-
generated debris materials are required.
ARTICLE 5. INVOICES AND PAYMENT
A. Invoices
The Contractor shall submit invoices to the City on a weekly basis, as set forth in
the Specifications.
B. Payment
The City shall pay each invoice in accordance with the Florida Prompt Payment
Act ( F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act.
ARTICLE 6. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon
providing written notice to the Contractor. This Agreement may be terminated by the
Contractor upon thirty (30) days' prior written notice to the City. Upon any such
termination, the Contractor waives any claims for damages from such termination,
including, but not limited to, loss of anticipated profits. Unless the Contractor is in
breach of this Agreement, the City shall pay the Contractor for services rendered
through the date of termination in accordance with the terms of this Agreement.
ARTICLE 7. INDEMNIFICATION
The Contractor recognizes that it is an independent contractor and not an agent
or servant of the City. In the event a claim or lawsuit is brought against the City, its
officers, employees, servants, or agents relating to or arising out of the Contractor's
performance under this Agreement, the Contractor hereby agrees to indemnify, save,
and hold harmless the City, its officers, employees, servants, or agents and to defend
said persons from any such claims, liabilities, causes of action, and judgments of any
type whatsoever.
ARTICLE 8. INSURANCE
The Contractor shall meet the insurance requirements fully detailed in the ITB
#2006-006 and shall not commence such services until the City has received all
insurance required herein.
ARTICLE 9. MISCELLANEOUS PROVISIONS
A. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be hand
delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid),
return receipt requested, to the following addresses:
2
As to the City:
with a copy to:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Facsimile: (561) 799-41 11
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Facsimile: (561 ) 799-41 39
As to the Contractor: C & W Logistics, Inc.
703 Hennis Road
Winter Gardens, Florida 34787
Attn: Kris Creeden, Vice President
Facsimile: (407) 877-2600
B. Entire Aareement. This Agreement constitutes the entire understanding
and agreement between the parties with respect to the subject matter hereof.
C. Binding Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable
by the parties and their respective legal representatives, successors, and permitted
assigns.
D. Assiqnability. This Agreement may not be assigned without the prior
written consent of all parties to this Agreement.
E. Severability. If any part of this Agreement is contrary to, prohibited by, or
deemed invalid under applicable law or regulation, such provision shall be inapplicable
and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
F. Governing Law and Venue. This Agreement and all transactions
contemplated by this Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Florida without regard to any contrary conflicts
of law principle. Venue of all proceedings in connection herewith shall lie exclusively in
Palm Beach County, Florida, and each party hereby waives whatever its respective
rights may have been in the selection of venue.
G. Headings. The headings contained in this Agreement are for convenience
of reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
3
H. Effective Date. The effective date of this Agreement shall be as of the
date it has been executed by both the parties hereto.
I. Construction. The parties acknowledge that each has shared equally in
the drafting and preparation of this Agreement, and accordingly, no Court or
Administrative Hearing Officer shall construe this Agreement more strictly against one
party than the other, and every covenant, term, and provision of this Agreement shall be
construed simply according to its fair meaning.
J. Attorney’s Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to enforce compliance with this
Agreement or interpret same, or if any administrative proceeding is brought for the
same purposes, the non-prevailing party shall pay to the prevailing party reasonable
attorney’s fees and costs, including appellate fees and costs.
K. Equal Opportunity. The City and the Contractor agree that no person
shall, on the grounds of race, color, gender, national origin, ancestry, marital status,
disability, religion, creed, or age be discriminated against in the performance of this
Agreement,
(The remainder of this page left intentionally blank)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this 6” day of J;p~cm&- ,2006.
ATTEST:
BY:;^ Patricia Snider, CMC, ‘ty Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
,-
By:
hris’iine P. Tatum, City Attorney
Executed by the Contractor this 7* day of /,/o i&j- , 2006.
C & W LOGISTICS, INC.
/’ 7
By: d’d /A;./--
./ /
(CORPORATE SEAL)
Name:
GAattorney-shareV\GREEMENTS\Storrn Generated Debris Material Removal - PRIMARY-cw logislics.DOC
5
STAND-BY AGREEMENT
STORM-GENERATED DEBRIS MATERIAL DISPOSAL SERVICES
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a Florida municipal corporation (“City”), and Total Maintenance
Building Services, Inc. (“Contractor”).
WHEREAS, the City desires to retain the services of the Contractor to provide
hauling and disposal of storm-generated debris materials as the alternate source.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF ITB (Invitation to Bid)
The terms and conditions of this Agreement shall include and incorporate the
terms, conditions, and specifications set forth in the City’s IT6 #2006-006 dated June 1,
2006, and the Contractor‘s Response to the ITB #2006-006, including all documentation
required thereunder.
ARTICLE 2. SCOPE OF SERVICES
The Contractor shall perform those services identified in the specifications
accompanying the City’s ITB #2006-006, which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
The City shall pay the Contractor for work satisfactorily performed in accordance
with unit prices provided in the ITB #2006-006 submittal for the full and faithful
performance of this Agreement. Regardless of the foregoing, the City reserves the right
to set off against the Contractor for any and all damages or unsatisfactory work
performed by the Contractor, and this action shall not be deemed a default by the City.
ARTICLE 4. TERM OF AGREEMENT
The initial term of this Agreement shall commence upon issuance of a “Notice to
Proceed” by the parties hereto and remain in effect until January 31, 2007, or until final
acceptance of storm-generated debris material disposal by the City. The City reserves
the right to extend the agreement for three (3) additional one (1) year renewal term
periods, providing both parties agree to the extension, all terms, conditions, and
specifications remain the same, and such extension is approved by the City. The
parties agree that time is of the essence in the performance of each and every
obligation of this Agreement in the event that the hauling and disposal of storm-
generated debris materials are required.
ARTICLE 5. INVOICES AND PAYMENT
A. Invoices
The Contractor shall submit invoices to the City on a weekly basis, as set forth in
the Specifications.
B. Payment
The City shall pay each invoice in accordance with the Florida Prompt Payment
Act ( F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act.
ARTICLE 6. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon
providing written notice to the Contractor. This Agreement may be terminated by the
Contractor upon thirty (30) days’ prior written notice to the City. Upon any such
termination, the Contractor waives any claims for damages from such termination,
including, but not limited to, loss of anticipated profits. Unless the Contractor is in
breach of this Agreement, the City shall pay the Contractor for services rendered
through the date of termination in accordance with the terms of this Agreement.
ARTICLE 7. INDEMNIFICATION
The Contractor recognizes that it is an independent contractor and not an agent
or servant of the City. . In the event a claim or lawsuit is brought against the City, its
officers, employees, servants, or agents relating to or arising out of the Contractor’s
performance under this Agreement, the Contractor hereby agrees to indemnify, save,
and hold harmless the City, its officers, employees, servants, or agents and to defend
said persons from any such claims, liabilities, causes of action, and judgments of any
type whatsoever.
ARTICLE 8. INSURANCE
The Contractor shall meet the insurance requirements fully detailed in the ITB
#2006-006 and shall not commence such services until the City has received all
insurance required herein.
ARTICLE 9. MISCELLANEOUS PROVISIONS
A. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be hand
delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid),
return receipt requested, to the following addresses:
2
As to the City:
with a copy to:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Facsimile: (561) 799-41 11
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Facsimile: (561) 799-4139
As to the Contractor: Total Maintenance Building Services, Inc.
3690 Consumer Street, Suite A
West Palm Beach, Florida 33404
Attn: Edward J. Galbraith, President
Facsimile: (561 ) 844-2744
8. Entire Agreement. This Agreement constitutes the entire understanding
and agreement between the parties with respect to the subject matter hereof.
C. Binding Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable
by the parties and their respective legal representatives, successors, and permitted
assigns.
D. Assignability. This Agreement may not be assigned without the prior
written consent of all parties to this Agreement.
E. Severability. If any part of this Agreement is contrary to, prohibited by, or
deemed invalid under applicable law or regulation, such provision shall be inapplicable
and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
F. Governinn Law and Venue. This Agreement and all transactions
contemplated by this Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Florida without regard to any contrary conflicts
of law principle. Venue of all proceedings in connection herewith shall lie exclusively in
Palm Beach County, Florida, and each party hereby waives whatever its respective
rights may have been in the selection of venue.
G. Headincls. The headings contained in this Agreement are for convenience
of reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
3
H. Effective Date. The effective date of this Agreement shall be as of the
date it has been executed by both the parties hereto.
I. Construction. The parties acknowledge that each has shared equally in
the drafting and preparation of this Agreement, and accordingly, no Court or
Administrative Hearing Officer shall construe this Agreement more strictly against one
party than the other, and every covenant, term, and provision of this Agreement shall be
construed simply according to its fair meaning.
J. Attornev’s Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to enforce compliance with this
Agreement or interpret same, or if any administrative proceeding is brought for the
same purposes, the non-prevailing party shall pay to the prevailing party reasonable
attorney’s fees and costs, including appellate fees and costs.
K. Eaual Omortunity. The City and the Contractor agree that no person
shall, on the grounds of race, color, gender, national origin, ancestry, marital status,
disability, religion, creed, or age be discriminated against in the performance of this
Agreement.
(The remainder of this page left intentionally blank)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this Ln day of J'-8% ,2006.
ATTEST:
By:
Patricia Snider, CMC, aty Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlClENCY
By: /
firistine P. Tatum, City Attorney
Executed by the Contractor this $6 day of 'g--)iy , 2006.
TOTAL MAINTENANCE BUILDING
SERVICES, INC.
G:\attorney-share\AGREEMENTS\Storrn Generated Debris Material Removal - ALTERNATE-total maintenance svcs.DOC
5
Date Prepared: February 5,2007
Resolution 22, 2007
EXHIBIT “B”
ADDENDUM I TO STAND-BY AGREEMENT
THIS ADDENDUM I to the Agreement is entered into by and between the CITY
OF PALM BEACH GARDENS (CITY), a municipal corporation, and C & W LOGISTICS,
INC. (CONTRACTOR) this day of , 2007.
WHEREAS, on September 6, 2006, the City Council approved the award of
contract to CONTRACTOR for hauling and disposal of storm-generated debris materials
as the alternate source: and
WHEREAS, in accordance with Article 4 of the Agreement, the CITY reserved
the right to renew the contract for three (3) additional one (1) year terms; and
WHEREAS, the CITY’S Staff has evaluated the CONTRACTOR’S capabilities
and finds that the CONTRACTOR has can provided adequate storm-generated debris
material disposal services; and
WHEREAS, both parties hereto desire to renew the term of the Agreement for an
additional term commencing February 1, 2007, and ending January 31, 2008, on such
terms and conditions as provided herein below.
NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as
follows:
1. To the extent the CONTRACTOR performs emergency relief services on
behalf of the CITY where the CITY seeks reimbursement from the FHWA
Emergency Relief Program the CONTRACTOR agrees to comply with all
terms and conditions of the FHWA Emergency Relief Program, (“Program”),
including, but not limited to, the following:
A.
B.
C.
D.
Comply with the Davis-Bacon wage rates and the wage rates required
by the Program, attached hereto as Exhibit “A and by this reference
incorporated herein.
Comply with all “Buy America” requirements of the Program, attached as
Exhibit “B” and by this reference incorporated herein.
Comply with the provisions for Federal-Aid for Construction Contracts
found in FHWA-1273, the contents and terms of which are attached
hereto as Exhibit “C” and by this reference incorporated herein.
Comply with the National Environmental Policy Act (NEPA of 1969) as
amended from ti me to ti me.
E. Comply with 49 CFR Part 26, Disadvantaged Business Enterprise
Program.
F. Comply with the Americans with Disabilities Act of 1990, as amended
from time to time.
G. Comply with convict labor prohibition found in 23 U.S.C. 114.
2. The Agreement by and between CITY and CONTRACTOR is hereby
renewed for the period February 1, 2007, through January 31,2008.
3. To the extent not specifically amended herein, all other provisions of the
Agreement dated September 6, 2006, shall remain in full force and effect.
4. The CONTRACTOR agrees to comply and abide by all federal, state, and
local laws, rules, regulations, ordinances, guidelines, and directives relating or
pertaining to any of its duties and responsibilities arising from this Agreement.
(The remainder of this page left intentionally blank)
2
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I
to the Agreement.
CITY OF PALM BEACH GARDENS
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
, City Attorney
CONTRACTOR:
C & W LOGISTICS, INC.
WlTN ESSES:
(SEAL)
G:\attorney-shareMGREEMENTSMDDENDUM I CW-storm generated debris - alternate source.doc
3
EXHIBIT “A”
General Decision Number: FL030046 09/01/2006 FL46
Superseded General Decision Number: FL020046
State: Florida
Construction Type: Building
County: Palm Beach County in Florida.
BUILDING CONSTRUCTION PROJECTS (dose not included residential
construction consisting of family homes and apartments up to
and including 4 stories).
Modification Number Publication Date
0 06/13/2003
1 09/01/2006
IRON0402-001 04/01/2003
Rates Fringes
Pipefitter (Excluding HVAC
Pipe Work) ..................... $ 23.06 7.61
Plumber (Including HVAC Pipe
Work) ..........................$ 23.06 7.61
___^_______----____---------------------------------------------
* SUFL2000-001 04/03/2000
Rates Fringes
Acoustical Tile Installer ...... $ 12.67 1.09
Bricklayer/Blocklayer .......... $ 16.00
Carpenter (Including Drywall
Hanging and Batt Insulation) ...$ 13.85
Drywall Finisher ............... $ 13.38
Electrician .....................$ 15.49
Elevator Mechanic ........ . ..... $ 15.15
Glazier ........................$ 13.43
HVAC Mechanic (Duct work only).$ 12.63
Ironworkers:
Ornamental ..................$ 13.58
Structural ..................$ 12.71
3.42
2.28
1.55
1.29
3.46
2.08
Laborers :
Asphalt Raker ............... $ 9.25
Mason Tenders ............... $ 9.00
Plasterers Tenders .......... $ 9.00
Unskilled ................... $ 8.55
2.17
Lather ......................... $ 13.85
Painter,. Brush (Excluding
Drywall Finishing) ............. $ 11.72 1.11
Plasterer ...................... $ 14.70
Power equipment operators:
Backhoe ..................... $ 12.50
Concrete Pump ............... $ 13.06
Dozer ....................... $ 9.75
Grader ...................... $ 13.40
Loader ...................... $ 13.08
Roller ...................... $ 10.13
Tractor ..................... $ 11.91
Roofer (including Built Up,
Composition and Single Ply) .... $ 12.58
Sheetmetal Worker (Excluding
HVAC Duct work) ................ $ 13.77
1.97
1.72
1.32
1.71
Sprinkler Fitter ............... $ 16.25 5.85
Terrazzo Worker Mechanic ....... $ 12.13
Tile Setter $ 13.78 1.42 ....................
Truck Driver $ 10.25 3.49 ................... ................................................................
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be :
* an existing published wage determination
* a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on
* a conformance (additional classification and rate) ruling
a wage determination matter
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3,) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
General Decision Number FL030046
Superseded General Decision No. FL020046
State: Florida
Construction Type:
BUILDING
County (ies 1 :
PALM BEACH
BUILDING CONSTRUCTION PROJECTS (dose not included residential
construction consisting of family homes and apartments up to and
including 4 stories).
Modification Number Publication Date
0 06/13/2003
COUNTY (ies 1 :
PALM BEACH
PLUM0630C 01/01/2000
Rates
PIPEFITTERS (Excluding HVAC
Pipe Work) 24.81
PLUMBERS (Including HVAC
Pipe Work) 24.81 ______________--_-__-----------------------
SUFL1029A 04/03/2000
Rates
ACOUSTICAL TILE INSTALLER
BRICKLAYERS/BLOCKLAYERS
CARPENTERS (Including Drywall
DRYWALL FINISHERS
ELECTRICIANS
ELEVATOR MECHANIC
GLAZIERS
HVAC MECHANIC (Duct work only)
IRONWORKERS:
Ornamental
Structural
Uns ki 1 1 ed
Mason Tenders
Plasterers Tenders
Asphalt Raker
Hanging and Batt Insulation)
LABORERS :
LATHERS
PAINTERS, BRUSH (Excluding
PLASTERERS
POWER EQUIPMENT OPERATORS:
Backhoe
Grader
Drywall Finishing)
12.67
16.00
13.85
13.38
15.49
15.15
13.43
12.63
13.58
12.71
8.55
9.00
9.00
9.25
13.85
11.72
14.70
12.50
13.40
Fringes
4.70
4.70
Fringes
1.09
3.42
2.28
1.55
1.29
3.46
2.08
2.11
1.11
1.97
1.72
Loader Concrete Pump
Roller
Tractor
Dozer
ROOFERS
SHEETMETAL WORKERS
HVAC Duct work)
SPRINKLER FITTERS
13.08 13.06
10.13
11.91
9.75
12.58
(Excluding
13.77
16.25
1.32
1.77
5.85
TERRAZZO MECHANICS 12.13
TILE SETTERS 13.78 1.42
TRUCK DRIVERS 10.25 3.49
________________________________________---------------_-__-_---
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (ii) ) .
In the listing above, the ilSUil designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
____________________--------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be :
* an existing published wage determination
* a survey underlying a wage determination * a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W,
W.ashington, D. C. 20210
2.) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
wage ana Hour Aaminiscracor U.S. Department of Labor
200 Constitution Avenue, N. W
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
EXHIBIT “B”
350-000-1 5
Complroller
08/06
Federal Highway Administration Provision - Buy America
Source of Supply - Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron
produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended,
Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a
manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a
product, beginning with the initial melding and mixing and continuing through the bending and coating stages, A
manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have
been completed, If a domestic product is taken outside the United States for any process, it becomes foreign source
material. When using steel and iron as a component of any manufactured product Incorporated into the project (e.g.,
concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the
manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not
exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all
steel and iron materials incorporated Into the finished work, but are not applicable to steel and iron Items that the
Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or
iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into
the furnished product was manufactured in the United States in accordance with the requirements of this specification
and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement
that the product was produced entirely within the United States, or (2) a statement that the product was produced
within the United States except for minimal quantities of foreign steel and iron valued at $
Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows
the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's
written approval prior to incorporating the material into the project.
EXHIBIT “C”
350-000-15
Cornph-oiler
08/06
Required Contract Provisions Federal-Aid Construction Contracts
I.
(I.
Ill.
IV.
V. vi.
VII.
VIII.
IX.
X.
XI.
XII.
A.
I.
General
Nondiscrimination
Nonseqreqated Facilities
Pavrnent of Predetermined Minimum Wa
Statements and Pavrolls
Record of Materials, Supplies. and Labor
Subletting or Assiqninq the Contract
Safetv: Accident Prevention
False Statements Concernincr Hiqhwav Proiects
Implementation of Clean Air Act and Federal Water Pollution Control Act
Certification Resardinq Debarment, SusPension Inelisibilitv, and Voluntary Exclusion
Certification Renardins Use of Contract Funds for Lobbvinq
Attachments
Employment Preference for Appalachian Contracts (included in Appalachian contracts oniv)
GENERAL
1. These contract provisions shall apply to all work performed on the contract by the contractor's
own organization and with the assistance of workers under the contractor's immediate
superintendence and to all work performed on the contract by piecework, station work, or by
subcontract.
Except as otherwise provided for in each section, the contractor shall insert in each
subcontract all of the stipulations contained in these Required Contract Provisions, and
further require their inclusion in any lower tier subcontract or purchase order that may in turn
be made. The Required Contract Provisions shall not be incorporated by reference in any
case. The prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with these Required Contract Provisions.
A breach of any of the stipulations contained in these Required Contract Provisions shall be
sufficient grounds for termination of the contract.
A breach of the following clauses of the Required Contract Provisions may also be grounds
for debarment as provided in 29 CFR 5.12:
2.
3.
4.
Section I, paragraph 2;
Section IV, paragraphs I, 2,3, 4, and 7;
Section V, paragraphs 1 and 2a through 29.
5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and
Section V of these Required Contract Provisions shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the procedures of
the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the
meanlng of this clause include disputes between the contractor (or any of its subcontractors)
and the contracting agency, the DOL, or the contractor's employees or their representatives,
Selection of Labor: During the performance of this contract, the contractor shall not:
discriminate against labor from any other State, possession, or territory of the United
States (except for employment preference for Appalachian contracts, when
applicable, as specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless it is
labor performed by convicts who are on parole, supervised release, or probation.
6.
a.
b.
11. NONDISCRIMINATION
350-000- I5
Comptroller
08/06
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or
more.)
1, Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to
discriminate and to take affirmative action to assure equal opportunity as set forth under laws,
executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and Orders of
the Secretary of Labor as modified by the provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards
for the contractor's project activities under this contract. The Equal Opportunity Construction
Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American
Disabilities Act of 1990 (42 U.S.C. 12101 3 =.) set forth under 28 CFR 35 and 29 CFR
1630 are incorporated by reference in this contract. In the execution of this contract, the
contractor agrees to comply with the following minimum specific requirement activities of
EEO:
a. The contractor will work with the State highway agency (SHA) and the Federal
Government in carrying out EEO obligations and in their review of hislher activities
under the contract.
The contractor will accept as his operating policy the following statement: b.
"It is the policy of this Company to assure that applicants are employed, and
that employees are treated during employment, without regard to their race,
religion, sex, color, national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship,
preapprenticeship, andlor on-the-job training."
2 EEO Officer: The contractor will designate and make known to the SHA contracting officers
an EEO Officer who will have the responsibility for and must be capable of effectively
administering and promoting an active contractor program of EEO and who must be assigned
adequate authority and responsibility to do so.
Dissemination of Policy: All members of the contractor's staff who are authorized to hire,
supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the
contractots EEO policy and contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above agreement will be met, the following
actions will be taken as a minimum:
Periodic meetings of supervisory and personnel office employees will be conducted
before the start of work and then not less often than once every six months, at which
time the contractor's EEO policy and its Implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
All new supervisory or personnel office employees will be given a thorough
indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for duty with the contractor.
All personnel who are engaged in direct recruitment for the project will be Instructed
by the EEO Officer in the contractor's procedures for locating and hiring minority
group employees.
Notices and posters setting forth the contractor's EEO policy will be placed in areas
readily accessible to employees, applicants for employment and potential employees.
The contractor's EEO policy and. the procedures to implement such policy will be
brought to the attention of employees by means of meetings, employee handbooks,
or other appropriate means.
3,
a.
b.
c.
d.
e.
4. Recruitment: When advertising for employees, the contractor will include in all
advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minority
groups in the area from which the project work force would normally be derived.
The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employee referral
a.
350-000-1 5
Comptroller
08/06
sources likely to yield qualified minority group applicants. To meet this requirement,
the contractor will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority group applicants
may be referred to the contractor for employment consideration.
In the event the contractor has a valid bargaining agreement providing for exclusive
* hiring hall referrals, he is expected to observe the provisions of that agreement to the
extent that the system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of such agreements have
the effect of discriminating against minorities or women, or obligates the contractor to
do the same, such implementation violates Executive Order 11246, as amended.)
The contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring
minority group applicants will be discussed with employees.
Personnel Actions: Wages, working conditions, and employee benefits shall be established
and administered, and personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race,
color, religion, sex, national origin, age or disability. The following procedures shall be
followed:
b.
c.
5.
a. The contractor will conduct periodic inspections of project sites to insure that working
conditions and employee facilities do not indicate discrimlnatory treatment of project
site personnel.
The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
The contractor will periodically review selected personnel actions in depth to
determine whether there Is evidence of discrimination. Where evidence is found, the
contractor will promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
The contractor will promptly investigate all complaints of alleged discrimination made
to the contractor in connection with his obligations under thls contract, will attempt to
resolve such complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimination may affect
persons other than the complainant, such corrective action shall include such other
persons. Upon completion of each investlgation, the contractor will inform every
complainant of all of his avenues of appeal.
The csntractor will assist in locating, qualifying, and increasing the skills of minority
group and women employees, and applicants for employment.
Consistent with the contractor's work force requirements and as permissible under
Federal and State regulatlons, the contractor shall make full use of tralnlng programs,
i.e., apprenticeshlp, and on-the-job training programs for the geographlcal area of
contract performance. Where feasible, 25 percent of apprentices or trainees in each
occupation shall be in their first year of apprenticeship or training. In the event a
special provision for training is provided under this contract, this subparagraph will be
superseded as indicated in the special provision.
The contractor will advise employees and applicants for employment of available
training programs and entrance requirements for each.
The contractor will periodically review the training and promotion potential of minority
group and women employees and will encourage eligible employees to apply for
such training and promotion.
Unions: If the contractor relies In whole or in part upon unions as a source of employees, the
contractor wlll use hlslher best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and to effect referrals by such
unions of minority and female employees. Actions by the contractor either directly or through
a contractor's association acting as agent will Include the procedures set forth below:
b.
c.
d.
6. Training and Promotion:
a.
b.
c.
d.
7.
a. The contractor will use best efforts to develop, in cooperation with the unions, joint
training programs aimed toward qualifying more minority group members and women
for membership in the unions and increasing the skills of minority group employees
and women so that they may qualify for higher paying employment.
350-000-15
Comptroller
08/06
b The contractor will use best efforts to incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer applicants
without regard to their race, color, religion, sex, national origin, age or disability.
The contractor is to obtain information as to the referral practices and policies of the
labor union except that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such . information to the contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such information.
In the event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time limit set fodh in the collective bargaining
agreement, the contractor will, through independent recruitment efforts, fill the
employment vacancies without regard to race, color, religion, sex, national origin, age
or disability; making full efforts to obtain qualified andlor qualifiable minority group
persons and women. (The DOL has held that it shall be no excuse that the union with
which the contractor has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union referral practice
prevents the contractor from meeting the obligations pursuant to Executive Order
11246, as amended, and these special provisions, such contractor shall immediately
notify the SHA.
Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national origin,
age or disability in the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
c.
d.
8.
a.
b.
The contractor shall notify all potential subcontractors and suppliers of hislher EEO
obligations under this contract.
Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have
equal opportunity to compete for and perform subcontracts which the contractor
enters into pursuant to this contract. The contractor will use his best efforts to solicit
bids from and to utilize DEE subcontractors or subcontractors with meaningful
minority group and female representation among their employees. Contractors shall
obtain lists of DBE construction firms from SHA personnel.
The contractor will use his best efforts to ensure subcontractor compliance with their
EEO obligations.
c.
9. Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be available at reasonable times
and places for inspection by authorized representatives of the SHA and the FHWA.
a. The records kept by the contractor shall document the following:
I,
2.
3.
4.
The number of minority and non-mlnority group members and women
employed in each work classification on the project;
The progress and efforts being made in cooperatlon with unions, when
applicable, to increase employment opportunities for minorities and women;
The progress and efforts being made In locating, hiring, training, qualifying,
and upgrading minority and female employees; and
The progress and efforts being made in securing the services of DBE
subcontractors or subcontractors with meaningful minority and female
representation among their employees.
The contractors will submit an annual report to the SHA each July for the duration of
the project, Indicating the number of minority, women, and non-minority group
employees currently engaged in each work classification required by the contract
work. This information is to be reported on Form FHWA-1391. If on-the-job training is
being required by special provision, the contractor will be required to collect and
report training data.
b.
I I I. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or
more.)
350-000-15
Coinptroller
08/06
a. By submission of this bid, the execution of this contract or subcontract, or the consummation
of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid
construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies
that the firm does not maintain or provide for its employees any segregated facilities at any of
its establishments, and that the firm does not permit its employees to perform their services
at any location, under its control, where segregated facilities are maintained. The firm agrees
that a breach of this certification is a violation of the EEO provisions of this contract. The firm
further certifies that no employee will be denied access to adequate facilities on the basis of
sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker
rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provlded for employees which are
segregated by explicit directive, or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local custom, or otherwise, The
only exception will be for the disabled when the demands for accessibility override (e.g.
disabled parking).
c. The contractor agrees that it has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will retain such certifications in its
files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural minor collectors, which are
exempt.)
0. General:
a. All mechanics and laborers employed or working upon the site of the work will be
paid unconditionally and not less often than once a week and without subsequent
deduction or rebate on any account [except such payroll deductions as are permitted
by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act
(40 U.S.C. 276c)j the full amounts of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment. The payment shall be computed at wage
rates not less than those contained In the wage determination of the Secretary of
Labor (hereinafter "the wage determination") which is attached hereto and made a
part hereof, regardless of any contractual relationship whlch may be alleged to exist
between the contractor or its subcontractors and such laborers and mechanics. The
wage determination (including any additional classifications and wage rates
conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or
Form FHWA-1495) shall be posted at all times by the contractor and Its
subcontractors at the site of the work in a prominent and accessible place where it
can be easily seen by the workers. For the purpose of this Section, contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section
l(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions
of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular
contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV.
Laborers or mechanlcs performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked
therein, provided, that the employer's payroll records accurately set forth the time
spent in each classification in which work Is performed.
b.
350-000-15
Cornptrollcr
08/06
c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29
CFR 1, 3, and 5 are herein incorporated by reference in this contract.
The SHA contracting officer shall require that any class of laborers or mechanics
employed under the contract, which is not listed in the wage determination, shall be
classified in conformance with the wage determination.
The contracting officer shall approve an additional classification, wage rate and fringe
benefits only when the following criteria have been met:
1 Classification:
a.
b.
1.
2.
3.
the work to be performed by the additional classification requested is not
performed by a classification in the wage determination;
the additional classification Is utilized in the area by the construction industry;
the proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination; and
with respect to helpers, when such a classification prevails in the area in
which the work is performed.
If the contractor or subcontractors, as appropriate, the laborers and mechanics (if
known) to be employed in the additional classification or their representatives, and
the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken
shall be sent by the contracting officer to the DOL, Administrator of the Wage and
Hour Division, Employment Standards Administration, Washington, D.C. 20210. The
Wage and Hour Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
In the event the contractor or subcontractors, as appropriate, the laborers or
mechanics to be employed in the additional classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. Said Administrator, or an authorized representative,
will issue a determination within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time
1s necessary
The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in
the additional classification from the first day on which work is performed in the
classification.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which Is not expressed as an hourly rate, the
contractor or subcontractors, as appropriate, shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly
case equivalent thereof.
If the contractor or subcontractor, as appropriate, does not make payments to a
trustee or other third person, helshe may consider as a part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, provided, that the Secretary of
Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
4.
c.
d.
e.
2. Payment of Frlnge Benefits:
a.
b.
3. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:'
a. Apprentices:
1. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with
350-000- 15
Comptroller
08/06
2.
3.
4.
b. Train
1.
2.
3.
the DOL, Employment and Training Administration, Bureau of Apprenticeship
and Training, or with a State apprenticeship agency recognized by the
Bureau, or if a person is employed in hidher first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State apprenticeship agency
(where appropriate) to be eligible for probationary employment as an
apprentice.
The allowable ratio of apprentices to journeyman-level employees on the job
site in any craft classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate listed in the wage determination for the
classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where a contractor
or subcontractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman-level hourly rate) specified in
the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a
percentage of the journeyman-level hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator for the Wage and Hour Division determines
that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Bureau of Apprenticeship and Training, or a State
apprenticeship agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor or subcontractor will no longer be
permltted to utilize apprentices at less than the applicable predetermined rate
for the comparable work performed by regular employees until an acceptable
program is approved.
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the DOL,
Employment and Training Administration.
The ratio of trainees to journeyman-level employees on the job site shall not
be greater than permitted under the plan approved by the Employment and
Training Administration. Any employee listed on the payroll at a trainee rate
who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determinatlon for the classification of work
actually performed. In addition, any trainee performing work on the job slte In
excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work
actually performed.
Every trainee must be paid at not less than the rate specified in the approved
program for hlslher level of progress, expressed as a percentage of the
journeyman-level hourly rate specified in the appllcable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits,
lees:
nso-nnn-i s
Coniptroller
08/06
trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the
corresponding journeyman-level wage rate on the wage determination which
provides for less than full fringe benefits for apprentices, in which case such
trainees shall receive the same fringe benefits as apprentices.
In the event the Employment and Training Administration withdraws approval
of a training program, the contractor or subcontractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
4.
c. Helpers:
Helpers will be permitted to work on a project if the helper classification is
specified and defined on the applicable wage determination or is approved
pursuant to the conformance procedure set forth in Section IV.2. Any worker
listed on a payroll at a helper wage rate, who is not a helper under a
approved definition, shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed.
4. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which
have been certified by the Secretary of Transportation as promoting EEO in connection with
Federal-aid hlghway construction programs are not subject to the requirements of paragraph
4 of this Section IV. The straight time hourly wage rates for appientices and trainees under
such programs will be established by the particular programs. The ratio of apprentices and
trainees to journeymen shall not be greater than permitted by the terms of the particular
program.
5. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative
of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime contractor, or any other Federally-
assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the
same prime contractor, as much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work, all or part of the wages
required by the contract, the SHA contracting officer may, after written notice to the
contractor, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
,
6. Overtime Requlrements:
No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers, mechanics, watchmen, or guards (including
apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or
permit any laborer, mechanic, watchman, or guard in any workweek in which helshe is
employed on such work, to work In excess of 40 hours in such workweek unless such
laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-
and-one-half times hislher basic rate of pay for all hours worked in excess of 40 hours in such
workweek.
7. Violation:
I
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Comptroller
08/06
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause
set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall
be liable to the affected employee for hislher unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory) for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer, mechanic, watchman, or guard employed in violation of the clause set forth in
paragraph 7, in the sum of $10 for each calendar day on which such employee was required
or permitted to work in excess of the standard work week of 40 hours without payment of the
overtime wages required by the clause set forth in paragraph 7.
8. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized
representative of the DOL withhold, or cause to be withheld, from any monies payable on
account of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other Federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid .construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural collectors, which are
exempt.)
0. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of Labor
which are herein incorporated by reference.
1. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and
each subcontractor during the course of the work and preserved for a period of 3
years from the date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at the site of the work.
The payroll records shall contain the name, social security number, and address of
each such employee; his or her correct classification; hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section l(b)(2)(B) of the Davis Bacon
Act); dally and weekly number of hours worked; deductions made; and actual wages
paid. In addition, for Appalachian contracts, the payroll records shall contain a
notation Indicating whether the employee does, or does not, normally reside in the
labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of
Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer
or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon
Act, the contractor and each subcontractor shall maintain records which show that
the commitment to provide such benefits is enforceable, that the pian or program is
financially responsible, that the plan or program has been communicated in writing to
the laborers or mechanics affected, and show the cost anticipated or the actual cost
incurred in providing benefits. Contractors or subcontractors employing apprentices
or trainees under approved programs shall maintain written evidence of the
registration of apprentices and trainees, and ratios and wage rates prescribed in the
applicable programs.
b.
350-000-15
Co 111 ptro I lei
08/06
c Each contractor and subcontractor shall furnish, each week in which any contract
work is performed, to the SHA resident engineer a payroll of wages paid each of its
employees (including apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5, and watchmen and guards engaged on work during the
preceding weekly payroll period). The payroll submitted shall set out accurately and
completely all of the information required to be maintained under paragraph 2b of this
Section V. This information may be submitted in any form desired. Optional Form
WH-347 is available for this purpose and may be purchased from the Superintendent
of Documents (Federal stock number 029-005-0014-I), U.S. Government Printing
Office, Washington, D.C. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or hidher agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
that the payroll for the payroll period contains the information required to be
maintained under paragraph 2b of this Section V and that such information is
correct and complete;
that such laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in the
Regulations, 29 CFR 3;
that each laborer or mechanic has been paid not less that the applicable
wage rate and fringe benefits or cash equivalent for the classification of
worked performed, as specified in the applicable wage determination
incorporated into the contract.
d.
1.
2.
3.
e. The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 2d of this Section V.
The falslfication of any of the above certifications may subject the contractor to civil or
criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
The contractor or subcontractor shall make the records required under paragraph 2b
of this Section V available for inspection, copying, or transcription by authorized
representatives of the SHA, the FHWA, or the DOL, and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the requlred records or to make them
available, the SHA, the FHWA, the DOL, or all may, after written notice to the
contractor, sponsor, applicant, or owner, take such actions as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
0. On all Federal-aid contracts on the National Highway System, except those which provide
solely for the installation of protective devices at railroad grade crossings, those which are
constructed on a force account or direct labor basis, highway beautification contracts, and
contracts for which the total final construction cost for roadway and bridge is less than
$1,000,000 (23 CFR 635) the contractor shall:
Become familiar with the list of specific materials and supplies contained in Form
FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway
Construction Involving Federal Funds," prior to the commencement of work under
this contract.
Maintaln a record of the total cost of all materials and supplies purchased for and
incorporated in the work, and also of the quantities of those specific materials and
supplies listed on Form FHWA-47, and in the unlts shown on Form FHWA-47.
urnish, upon the completion of the contract, to the SHA resident engineer on Form
FHWA-47 together with the data required in paragraph 1 b relativFurnishaterials and
supplies, a final labor summary of all contract work indicating the total hours worked
and the total amount earned.
f.
g.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
a.
b.
c.
3.50-000-15
Compholler
08/06
1, At the prime contractor's option, either a single report covering all contract work or separate
reports for the contractor and for each subcontract shall be submitted
0. The contractor shall perform with its own organization contract work amounting to not less
than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated by the State. Specialty items
may be performed by subcontract and the amount of any such specialty items performed may
be deducted from the total original contract price before computing the amount of work
required to be performed by the contractor's own organization (23 CFR 635).
VII. SUBLETTING OR ASSIGNING THE CONTRACT
a, "Its own organization" shall be construed to include only workers employed and paid
directly by the prime contractor and equipment owned or rented by the prime
contractor, with or without operators. Such term does not include employees or
equipment of a subcontractor, assignee, br agent of the prime contractor.
"Specialty Items" shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or equipment not ordinarily available in the type of
contracting organizations qualified and expected to bid on the contract as a whole
and in general are to be limited to minor components of the overall contract.
1. The contract amount upon which the requirements set forth in paragraph 1 of Section Vi1 is
computed includes the cost of material and manufactured products which are to be
purchased or produced by the contractor under the contract provisions.
2. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by
the firm, has full authority to direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources (supervision, management, and
engineering services) as the SHA contracting officer determines is necessary to assure the
performance of the contract.
3. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the
written consent of the SHA Contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the contractor of any responsibility for
the fulfillment of the contract. Written consent will be given only after the SHA has assured
that each subcontract is evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
FEW: ACCIDENT PREVENTION
0. In the performance of this contract the contractor shall comply with all applicable Federal,
State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor
shall provide all safeguards, safety devices and protective equipment and take any other
needed actions as it determines, or as the SHA contracting officer may determine, to be
reasonably necessary to protect the life and health of employees on the job and the safety of
the public and to protect property in connection with the performance of the work covered by
the con tract.
1. It is a condition of this contract, and shall be made a condition of each subcontract, which the
contractor enters into pursuant to this contract, that the contractor and any subcontractor
shall not permit any employee, In performance of the contract, to work in surroundings or
under conditions which are unsanitary, hazardous or dangerous to hislher health or safety, as
determined under construction safety and health standards (29 CFR 1926) promulgated by
the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or
authorized representative thereof, shall have right of entry to any site of contract performance
to inspect or investigate the matter of compliance with the construction safety and health
standards and to carry out the duties of the Secretary under Section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333).
FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
b.
IX.
VI I S
In order to assure high quality and durable construction In conformity wlth approved plans and
specifications and a high degree of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.
350-000-15
Comptroller
08/06
Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and
similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in
one or more places where it is readily available to ail persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
“Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or
whoever, whether a person, association, firm, or Corporation, knowingly makes any false statement,
false representation, or false reporf as to the character, quality, quantity, or cost of the material used
or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications, contracts, or costs of construction
on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with
respect to the character, quality, quantity, or cost of any work performed or to be performed, or
materials furnished or to be furnished, in connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act
approved July I, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined not more that $10,000 or imprisoned not more than 5 years or both. I’
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or
more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder,
Federal-aid construction contractor, or subcontractor, as appropriate, wlll be deemed to have
stipulated as follows:
0. That any facility that is or will be utilized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 $~eq., as
amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251 gt g., as amended by Pub.L. 92-500), Executive Order 11738, and
regulations in implementation thereof (40 CFR 15) Is not listed, on the date of contract award,
on the US. Environmental Protection Agency (€PA) List of Violating Facilities pursuant to 40
CFR 15.20.
1, That the firm agrees to comply and remain in compliance with all the requirements of Section
114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
2. That the firm shall promptly notify the SHA of the receipt of any communication from the
Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for
the contract Is under consideration to be listed on the EPA List of Violating Facilities.
3. That the firm agrees to include or cause to be included the requirements of paragraph 1
through 4 of this Section X in every nonexempt subcontract, and further agrees to take such
action as the government may direct as a means of enforcing such requirements,
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
0. Instructions for Certification - Primary Covered Transactions:
XI.
350-000- IS
Comphollet
08/06
(Applicable to all Federal-aid contracts - 49 CFR 29)
a.
b.
C.
d.
e.
f.
9.
h.
i.
j.
By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
The inability of a person to provide the certification set out below will not necessarily
result in denial of participation in this covered transaction. The prospective participant
shall submit an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with the department
or agency's determination whether to enter into this transaction. However, failure of
the prospective primary participant to furnish a certification or an explanation shall
disqualify such a person from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction.
If it is later determined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal ,
Government, the department or agency may terminate this transaction for cause of
default.
The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction ,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
The prospective primary participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this
transaction.
The prospective primary participant further agrees by submitting this proposal that it
will Include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by
the department or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
A participant in a covered transaction may rely upon a certification of a prospective
partlcipant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but Is not
required to, check the nonprocurement portion of the "Lists of Parties Excluded From
Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is
compiled by the General Services Admlnistration.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by thls
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
Except for transactions authorized under paragraph f of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineliglble, or voluntarily
excluded from participation in this transaction, In addition to other remedies avallable
to the Federal Government, the department or agency may terminate this transaction
for cause or default.
3 50-000- I S
Comptroller
08/06
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Primary Covered Transactions
11. The prospective primary participant certifies to the best of its knowledge and belief,
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
b. Have not within a 3-year period preceding this proposal been convicted of or
had a civil judgement rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph 1 b of this certification; and
d. Have not within a 3-year period preceding this applicationlproposal had one
or more public transactions (Federal, State or local) terminated for cause or
default.
that it and its principals:
12. Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
1. Instructions for Certification - Lower Tler Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000
or more - 49 CFR 29)
. By signing and submitting this proposal, the prospective lower tier is providing the
certification set out below.
a. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or
agency with which this transaction originated may pursue available remedies,
including suspension andlor debarment.
b. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous by reason of changed
circumstances.
c. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary
covered transaction," "participant," "person," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
d. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered Into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
350-000-1 5
Cornpholler
08/06
transaction, unless authorized by the department or agency with which this
transaction originated.
e. The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
A participant in a covered transaction may rely upon a certification of a prbspective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
g, Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
h. Except for transactions authorized under paragraph e of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension andlor debarment.
f.
*et**
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transactions:
9. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
statements In this certification, such prospective participant shall attach an
explanation to this proposal.
10. Where the prospective lower tier participant is unable to certify to any of the
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000 - 49 CFR 20)
0. The prospective participant certifies, by signing and submitting this bid or proposal, to the
best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
a. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
.
..
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350-000- 15
Comptroller
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Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
1. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
2. The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
3. During the performance of this contract, the contractor undertaking to do work which is, or
reasonably may be, done as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL wherein the contract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work
is situated, except: . To the extent that qualified persons regularly residing in the area are not available.
a. For the reasonable needs of the contractor to employ supervisory or specially
experienced personnel necessary to assure an efficient execution of the contract
work.
b. For the obligation of the contractor to offer employment to present or former
employees as the result of a lawful collective bargaining contract, provided that the
number of nonresident persons employed under this subparagraph IC shall not
exceed 20 percent of the total number of employees employed by the contractor on
the contract work, except as provided in subparagraph 4 below.
4. The contractor shall place a job order with the State Employment Service indicating (a) the
classifications of the laborers, mechanics and other employees required to perform the
contract work, (b) the number of employees required in each classification, (c) the date on
which he estimates such employees will be required, and (d) any other pertinent information
required by the State Employment Service to complete the job order form. The job order may
be placed with the State Employment Service In writing or by telephone. If during the course
of the contract work, the information submitted by the contractor in the original job order is
substantially modified, he shall promptly notify the State Employment Service.
5. The contractor shall give full consideration to all qualified job applicants referred to him by the
State Employment Service. The contractor Is not required to grant employment to any job
applicants who, in his opinion, are not qualified to perform the classification of work required.
6. If, within 1 week following the placing of a job order by the contractor with the State
Employment Service, the State Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number requested, the State Employment
Service will forward a certificate to the contractor indicating the unavailability of applicants.
Such certificate shall be made a part of the contractots permanent project records. Upon
receipt of this certificate, the contractor may employ persons who do not normally reside in
the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph IC above.
7, The contractor shall include the provisions of Sections 1 through 4 of this Attachment Ain
every subcontract for work which Is, or reasonably may be, done as on-site work.
s Last modified on March 11, 2005
ADDENDUM I TO STAND-BY AGREEMENT
THIS ADDENDUM I to the Agreement is entered into by and between the CITY
OF PALM BEACH GARDENS (CITY), a municipal corporation, and TOTAL
MAINTENANCE BUILDING SERVICES, INC. (CONTRACTOR) this day of - ,2007.
WHEREAS, on September 6, 2006, the City Council approved the award of
contract to the CONTRACTOR for hauling and disposal of storm-generated debris
materials as the alternate source; and
WHEREAS, in accordance with Article 4 of the Agreement, the CITY reserved
the right to renew the contract for three (3) additional one (1) year terms; and
WHEREAS, the CITY’S Staff has evaluated the CONTRACTOR’S capabilities
and finds that the CONTRACTOR has can provided adequate storm-generated debris
material disposal services; and
WHEREAS, both parties hereto desire to renew the term of the Agreement for an
additional term commencing February 1, 2007, and ending January 31, 2008, on such
terms and conditions as provided herein below.
NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as
follows:
1. To the extent the CONTRACTOR performs emergency relief services on
behalf of the CITY where the CITY seeks reimbursement from the FHWA
Emergency Relief Program the CONTRACTOR agrees to comply with all
terms and conditions of the FHWA Emergency Relief Program, (“Program”),
including, but not limited to, the following:
A. Comply with the Davis-Bacon wage rates and the wage rates required
by the Program, attached hereto as Exhibit “A and by this reference
incorporated herein.
B. Comply with all “Buy America” requirements of the Program, attached as
Exhibit “B” and by this reference incorporated herein.
C. Comply with the provisions for Federal-Aid for Construction Contracts
found in FHWA-1273, the contents and terms of which are attached
hereto as Exhibit “C” and by this reference incorporated herein.
D. Comply with the National Environmental Policy Act (NEPA of 1969) as
amended from time to time.
E. Comply with 49 CFR Part 26, Disadvantaged Business Enterprise
Program.
F. Comply with the Americans with Disabilities Act of 1990, as amended
from time to time.
G. Comply with convict labor prohibition found in 23 U.S.C. 114.
2. The Agreement by and between the CITY and the CONTRACTOR is hereby
renewed for the period February 1 , 2007, through January 31 , 2008.
3. To the extent not specifically amended herein, all other provisions of the
Agreement dated September 6, 2006, shall remain in full force and effect.
4. The CONTRACTOR agrees to comply and abide by all federal, state, and
local laws, rules, regulations, ordinances, guidelines, and directives relating or
pertaining to any of its duties and responsibilities arising from this Agreement.
(The remainder of this page left intentionally blank)
2
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I
to the Agreement.
CITY OF PALM BEACH GARDENS
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFlC IEN CY
CONTRACTOR:
TOTAL MAINTENANCE BU DING
SERVICES, INC. /-
WlTN ESSES:
(SEAL)
G:\attorney-shareWGREEMENTSWDDENDUM I TMBS-storm generated debris - alternate.doc
3
EXHIBIT “A”
General Decision Number: FL030046 09/01/2006 FL46
Superseded General Decision Number: FL020046
State : Florida
Construction Type: Building
County: Palm Beach County in Florida
BUILDING CONSTRUCTION PROJECTS (dose not included residential
construction consisting of family homes and apartments up to
and including 4 stories).
Modification Number Publication Date
0 06/13/2003
1 09/01/2006
IRON0402-001 04/01/2003
Rates Fringes
Pipefitter (Excluding HVAC
Pipe Work) ..................... $ 23.06 7.61
Plumber (Including HVAC Pipe
Work) ..........................$ 23.06 7.61 ................................................................
* SUFL2000-001 04/03/2000
Rates Fringes
Acoustical Tile Installer ...... $ 12.67 1.09
Bricklayer/Blocklayer .......... $ 16.00
Carpenter (Including Drywall
Hanging and Batt Insulation) ... $ 13.85
Drywall Finisher ............... $ 13.38
Electrician .....................$ 15.49
Elevator Mechanic .............. $ 15.15
Glazier ........................$ 13.43
HVAC Mechanic (Duct work only) .$ 12.63
Ironworkers :
Ornamental .................. $ 13.58
Structural .................. $ 12.71
3.42
2.28
1.55
1.29
3.46
2.08
Laborers :
Asphalt Raker ............... $ 9.25
Mason Tenders ............... $ 9.00
Unskilled ................... $ 8.55
Plasterers Tenders .......... $ 9.00
2.17
Lather ......................... $ 13.85
Painter,, Brush (Excluding
Drywall Finishing) ............. $ 11.72
Plasterer ...................... $ 14.70
Power equipment operators:
Backhoe ..................... $ 12.50
Dozer ....................... $ 9.75
Grader ...................... $ 13.40
Loader ...................... $ 13.08
Roller ...................... $ 10.13
Tractor ..................... $ 11.91
Concrete Pump ............... $ 13.06
Roofer (including Built Up,
Composition and Single Ply) .... $ 12.58
Sheetmetal Worker (Excluding
HVAC Duct work) ................ $ 13.77
1.11
1.97
1.72
1.32
1.77
............... Sprinkler Fitter $ 16.25 5.85
Terrazzo Worker Mechanic ....... S 12.13
Tile Setter $ 13.78 1.42
Truck Driver $ 10.25 3.49
....................
................... -_______---------------------------------------------___-_------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the “SU” designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be :
* an existing published wage determination
* a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on
* a conformance (additional classification and rate) ruling
a wage determination matter
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
General Decision Number FL030046
Superseded General Decision No. FL020046
State: Florida
Construction Type:
BU I LD ING
County (ies) :
PALM BEACH
BUILDING CONSTRUCTION PROJECTS (dose not included residential
construction consisting of family homes and apartments up to and
including 4 stories).
Modification Number Publication Date
0 06/13/2003
COUNTY (ies) :
PALM BEACH
IRON0402A 04/01/2003
Rates
IRONWORKERS( Reinforcing only) 19.75
PLUM0630C 01/01/2000
PIPEFITTERS (Excluding HVAC
Rates
Fringes
4.70
_---______
Fringes
SUFL1029A 04/03/2000
Rates Fringes
ACOUSTICAL TILE INSTALLER
BRICKLAYERS/BLOCKLAYERS
CARPENTERS (Including Drywall
Hanging and Batt Insulation
DRYWALL FINISHERS
ELECTRICIANS
ELEVATOR MECHANIC
GLAZIERS
HVAC MECHANIC (Duct work only)
IRONWORKERS :
Ornamental
structural
Unski 1 led
Mason Tenders
Plasterers Tenders
Asphalt Raker
LABORERS :
LATHERS
PAINTERS, BRUSH (Excluding
PLASTERERS
POWER EQUIPMENT OPERATORS:
Backhoe
Grader
Drywall Finishing)
12.67
16.00
13.85
13.38
15.49
15.15
13.43
12.63
13.58
12.71
8.55
9.00
9.00
9.25
13.85
11.72
14.70
12.50
13.40
1.09
3.42
2.28
1.55
1.29
3.46
2.08
2.17
1.11
1.97
1.72
Loader Concrete Pump
Roller
Tractor
Dozer
ROOFERS
SHEETMETAL WORKERS (Excluding
SPRINKLER FITTERS
HVAC Duct work)
TERRAZZO MECHANICS
TILE SETTERS
TRUCK DRIVERS
13.08 13.06
10.13
11 * 91
9.75
12.58
13.17
16.25
12.13
13.78
10.25
1.32
1.77
5.85
1.42
3.49
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (ii) .
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
____________________---------------------_--------------_------_
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be :
* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
W,ashington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
wage ana tiour Aaminiscracor U.S. Department of Labor
200 Constitution Avenue, N. W
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc. ) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final
END OF GENERAL DECISION
EXHIBIT “B”
350-000-15
Comptroller
08/OG
Federal Highway Administration Provision - Buy America
Source of Supply - Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron
produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended.
Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a
manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a
product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A
manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have
been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source
material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g.,
concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the
manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not
exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all
steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the
Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or
iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into
the furnished product was manufactured in the United States in accordance with the requirements of this specification
and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement
that the product was produced entirely within the United States, or (2) a statement that the product was produced
within the United States except for minimal quantities of foreign steel and iron valued at $
Furnish each such certification to the Engineer prior to incorporating the material into the project, When FHWA allows
the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's
written approval prior to incorporating the material into the project
EXHIBIT “C”
I.
(I.
Ill.
IV.
V.
VI.
VIi.
VIII.
IX.
X.
XI.
XII.
A.
I.
II.
Required Contract Provisions Federal-Aid .Construction Contracts
350-000- 15
Cornptrollet
08/06
I
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General
Nondiscrimination
Nonseqreqated Facilities
Payment of Predetermined Minimum Wm
Statements and Payrolls
Record of Materials, Supplies. and Labor
Sublettinq or Assiqninq the Contract
Safety: Accident Prevention
False Statements Concerninq Hiqhwav Proiects
Implementation of Clean Air Act and Federal Water Pollution Control Act
Certification Reqardinq Debarment, Suspension Inelisibilitv, and Voluntary Exclusion
Certification Regardins Use of Contract Funds for Lobbyinq
Attachments
Employment Preference for Appalachian Contracts (included in Appalachian contracts onlv)
GENERAL
1. These contract provisions shall apply to all work performed on the contract by the contractor's
own organization and with the assistance of workers under the contractor's immediate
superintendence and to all work performed on the contract by piecework, station work, or by
subcontract.
Except as othenyise provided for in each section, the contractor shall insert in each
subcontract all of the stipulations contained in these Required Contract Provisions, and
further require their inclusion in any lower tier subcontract or purchase order that may in turn
be made. The Required Contract Provisions shall not be incorporated by reference in any
case. The prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with these Required Contract Provisions.
A breach of any of the stipulations contained in these Required Contract Provisions shall be
sufficient grounds for termination of the contract.
A breach of the following clauses of the Required Contract Provisions may also be grounds
for debarment as provided in 29 CFR 5.12:
2.
3.
4.
Section I, paragraph 2;
Section IV, paragraphs 1,2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 29.
5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and
Section V of these Required Contract Provisions shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the procedures of
the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the
meanlng of this clause include disputes between the contractor (or any of its subcontractors)
and the contracting agency, the DOL, or the contractor's employees or their representatives.
Selection of Labor: During the performance of this contract, the contractor shall not:
discriminate against labor from any other State, possession, or territory of the United
States (except for employment preference for Appalachian contracts, when
applicable, as specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless it is
labor performed by convicts who are on parole, supervised release, or probation.
6.
a.
b.
N 0 N D ISCRl MI NATION
350-000- I5
Comptroller
08/06
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or
more.)
1, Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to
discriminate and to take affirmative action to assure equal opportunity as set forth under laws,
executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and Orders of
the Secretary of Labor as modified by the provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards
for the contractor's project activities under this contract. The Equal Opportunity Construction
Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American
Disabilities Act of 1990 (42 U.S.C. 12101 4 sea.) set forth under 28 CFR 35 and 29 CFR
1630 are incorporated by reference in this contract. In the execution of this contract, the
contractor agrees to comply with the following minimum specific requirement activities of
EEO:
a. The contractor will work with the State highway agency (SHA) and the Federal
Government in carrying out EEO obligations and in their review of hislher activities
under the contract.
The contractor will accept as his operating policy the following statement: b.
"It is the policy of this Company to assure that applicants are employed, and
that employees are treated during employment, without regard to their race,
religion, sex, color, national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship,
preapprentlceship, andlor on-the-job training."
2. EEO Officer: The contractor will designate and make known to the SHA contracting officers
an EEO Officer who will have the responsibility for and must be capable of effectively
administering and promoting an actlve contractor program of EEO and who must be assigned
adequate authority and responsibility to do so.
Dlssemlnation of Policy: All members of the contractor's staff who are authorized to hire,
supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the
contractor's EEO policy and contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above agreement will be met, the following
actions will be taken as a minimum:
Periodic meetings of supervisory and personnel office employees will be conducted
before the start of work and then not less often than once every six months, at which
time the contractor's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
All new supervisory or personnel office employees will be given a thorough
indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for duty with the contractor.
All personnel who are engaged in direct recruitment for the project will be instructed
by the EEO Officer In the contractor's procedures for locating and hiring minority
group employees.
Notices and posters setting forth the contractor's EEO policy will be placed in areas
readily accessible to employees, applicants for employment and potential employees.
The contractor's EEO policy and the procedures to implement such policy will be
brought to the attention of employees by means of meetings, employee handbooks,
or other appropriate means.
3.
a.
b.
c.
d.
e.
4. Recruitment: When advertising for employees, the contractor will include in all
advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minority
groups in the area from which the project work force would normally be derived.
The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employee referral
a.
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sources likely to yield qualified minority group applicants. To meet this requirement,
the contractor will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority group applicants
may be referred to the contractor for employment consideration.
In the event the contractor has a valid bargaining agreement providing for exclusive
' hiring hall referrals, he is expected to observe the provisions of that agreement to the
extent that the system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of such agreements have
the effect of discriminating against minorities or women, or obligates the contractor to
do the same, such implementation violates Executive Order 11246, as amended.)
The contractor wit1 encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring
minority group applicants will be discussed with employees.
Personnel Actions: Wages, working conditions, and employee benefits shall be established
and administered, and personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race,
color, religion, sex, national origin, age or disability. The following procedures shall be
followed:
b.
c.
5.
a. The contractor will conduct periodic inspections of project sites to insure that working
conditions and employee facilities do not indicate discriminatory treatment of project
site personnel.
The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
The contractor will periodically review selected personnel actions in depth to
determine whether there Is evidence of discrimination. Where evidence is found, the
contractor will promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all affected persons,
The contractor will promptly investigate all complaints of alleged discrimination made
to the contractor in connection with his obligations under thls contract, will attempt to
resolve such complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimination may affect
persons other than the complainant, such corrective action shall include such other
persons. Upon completion of each investlgation, the contractor will inform every
complainant of all of his avenues of appeal.
The contractor will assist in locating, qualifying, and increasing the skills of minority
group and women employees, and applicants for employment.
Consistent with the contractor's work force requirements and as permissible under
Federal and State regulatlons, the contractor shall make full use of tralnlng programs,
Le., apprenticeship, and on-the-job tralning programs for the geographical area of
contract performance. Where feasible, 25 percent of apprentices or trainees in each
occupation shall be in their first year of apprenticeship or training. In the event a
special provision for training is provided under this contract, this subparagraph will be
superseded as indicated in the special provision.
The contractor will advise employees and applicants for employment of available
training programs and entrance requirements for each.
The contractor will periodically review the training and promotion potential of minority
group and women employees and will encourage eligible employees to apply for
such training and promotion.
Unions: If the contractor relies in whole or in part upon unions as a source of employees, the
contractor will use hlslher best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and to effect referrals by such
unions of minority and female employees. Actions by the contractor either directly or through
a contractor's association acting as agent will Include the procedures set forth below:
b.
c.
d.
6. Training and Promotion:
a.
b.
c.
d.
7.
a. The contractor will use best efforts to develop, in cooperation with the unions, joint
training programs aimed toward qualifying more minority group members and women
for membership in the unions and increasing the skills of minority group employees
and women so that they may qualify for higher paying employment.
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b. The contractor will use best efforts to incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer applicants
without regard to their race, color, religion, sex, national origin, age or disability.
The contractor is to obtain information as to the referral practices and policies of the
labor union except that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such . information to the contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such information.
In the event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time limit set forth in the collective bargaining
agreement, the contractor will, through independent recruitment efforts, fill the
employment vacancies without regard to race, color, religion, sex, national origin, age
or disability; making full efforts to obtain qualified andlor qualifiable minority group
persons and women. (The DOL has held that it shall be no excuse that the union with
which the contractor has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union referral practice
prevents the contractor from meeting the obligations pursuant to Executive Order
11246, as amended, and these special provisions, such contractor shall immediately
notify the SHA.
Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national origin,
age or disability in the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
c.
d.
8.
a.
b.
The contractor shall notify all potential subcontractors and suppliers of hislher EEO
obligations under this contract.
Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have
equal opportunity to compete for and perform subcontracts which the contractor
enters into pursuant to this contract. The contractor will use his best efforts to solicit
bids from and to utilize DBE subcontractors or subcontractors with meaningful
minority group and female representation among their employees. Contractors shall
obtain lists of DEE construction firms from SHA personnel.
The contractor will use his best efforts to ensure subcontractor compliance with their
EEO obligations.
c.
9. Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be available at reasonable times
and places for inspection by authorized representatives of the SHA and the FHWA.
The number of minority and non-minority group members and women
employed in each work classification on the project;
The progress and efforts being made in cooperation with unions, when
applicable, to increase employment opportunities for minorities and women;
The progress and efforts being made In locating, hiring, training, qualifying,
and upgrading minority and female employees; and
The progress and efforts being made in securing the services of DBE
subcontractors or subcontractors with meaningful minority and female
representation among their employees.
The contractors will submit an annual report to the SHA each July for the duration of
the project, Indicating the number of minority, women, and non-minority group
employees currently engaged in each work classification required by the contract
work. This information is to be reported on Form FHWA-1391. If on-the-job training is
being required by special provision, the contractor will be required to collect and
report training data.
a. The records kept by the contractor shall document the following:
1.
2.
3.
4.
b.
Ill. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or
more.)
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a. By submission of this bid, the execution of this contract or subcontract, or the consummation
of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid
construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies
that the firm does not maintain or provide for its employees any segregated facilities at any of
its establishments, and that the firm does not permit its employees to perform their services
at any location, under its control, where segregated facilities are maintained. The firm agrees
that a breach of this certification is a violation of the EEO provisions of this contract. The firm
further certifies that no employee will be denied access to adequate facilities on the basis of
sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker
rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive, or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local custom, or otherwise. The
only exception will be for the disabled when the demands for accessibility override (e.g.
disabled parking).
c. The contractor agrees that it has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will retain such certifications in its
files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural minor collectors, which are
exempt.)
0. General:
a. All mechanics and laborers employed or working upon the site of the work will be
paid unconditionally and not less often than once a week and without subsequent
deduction or rebate on any account [except such payroll deductions as are permitted
by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act
(40 U.S.C. 276c)I the full amounts of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment. The payment shall be computed at wage
rates not less than those contained in the wage determination of the Secretary of
Labor (hereinafter "the wage determination") which is attached hereto and made a
part hereof, regardless of any contractual relationship which may be alleged to exist
between the contractor or its subcontractors and such laborers and mechanics. The
wage determination (including any additional classifications and wage rates
conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or
Form FHWA-1495) shall be posted at all times by the contractor and its
subcontractors at the site of the work In a prominent and accessible place where it
can be easily seen by the workers. For the purpose of this Section, contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section
1 (b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions
of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular
contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV.
Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked
therein, provided, that the employer's payroll records accurately set forth the time
spent in each classification in which work is performed.
b.
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c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29
CFR 1, 3, and 5 are herein incorporated by reference in this contract
The SHA contracting officer shall require that any class of laborers or mechanics
employed under the contract, which is not listed in the wage determination, shall be
classified in conformance with the wage determination.
The contracting officer shall approve an additional classification, wage rate and fringe
benefits only when the following criteria have been met:
1 Classification:
a.
b.
1.
2.
3.
the work to be performed by the additional classification requested is not
performed by a classification in the wage determination;
the additional classification Is utilized in the area by the construction industry;
the proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination; and
with respect to helpers, when such a classification prevails in the area in
which the work is performed.
If the contractor or subcontractors, a5 appropriate, the laborers and mechanics (if
known) to be employed in the additional classification or their representatives, and
the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken
shall be sent by the contracting officer to the DOL, Administrator of the Wage and
Hour Division, Employment Standards Administration, Washington, D.C. 20210. The
Wage and Hour Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
In the event the contractor or subcontractors, as appropriate, the laborers or
mechanics to be employed in the additional classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. Said Administrator, or an authorlzed representative,
will issue a determination within 30 days of receipt and so advise the contracting
officer or will notify the Contracting officer within the 30-day period that additional tlme
Is necessary
The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraph 2c or 2d of this Section IV shall be paid to all workers performing work In
the additional classification from the first day on which work is performed in the
classification.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor or subcontractors, as appropriate, shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly
case equivalent thereof.
If the contractor or subcontractor, as appropriate, does not make payments to a
trustee or other third person, helshe may consider as a part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, .provided, that the Secretary of
Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
4.
c.
d.
e.
2. Payment of Fringe Benefits:
a.
b.
3. Apprentices and Tralnees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
1. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with
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the DOL, Employment and Training Administration, Bureau of Apprenticeship
and Training, or with a State apprenticeship agency recognized by the
Bureau, or if a person is employed in hislher first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by !he
Bureau of Apprenticeship and Training or a State apprenticeship agency
(where appropriate) to be eligible for probationary employment as an
apprentice.
The allowable ratio of apprentices to journeyman-level employees on the job
site in any craft classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate listed in the wage determination for the
classification of work actually performed. In addition, any apprentice
performing work on the job site In excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where a contractor
or subcontractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman-level hourly rate) specified in
the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a
percentage of the journeyman-level hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the appllcable
classification. If the Administrator for the Wage and Hour Division determines
that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Bureau of Apprenticeship and Training, or a State
apprenticeship agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor or subcontractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate
for the comparable work performed by regular employees until an acceptable
program is approved.
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the DOL,
Employment and Training Administration.
The ratio of trainees to journeyman-level employees on the job site shall not
be greater than permitted under the plan approved by the Employment and
Training Administration. Any employee listed on the payroll at a trainee rate
who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not iess than the
applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the Job site In
excess of the ratio permitted under the registered program shall be pald not
less than the applicable wage rate on the wage determination for the work
actually performed.
Every trainee must be paid at not less than the rate specified in the approved
program for hislher level of progress, expressed as a percentage of the
journeyman-level hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits,
2.
3.
4.
b. Trainees:
1.
2.
3.
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trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the
corresponding journeyman-level wage rate on the wage determination which
provides for less than full fringe benefits for apprentices, in which case such
trainees shall receive the same fringe benefits as apprentices.
In the event the Employment and Training Administration withdraws approval
of a training program, the contractor or subcontractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
4.
c. Helpers:
Helpers will be permitted to work on a project if the helper classification is
specified and defined on the applicable wage determination or is approved
pursuant to the conformance procedure set forth in Section IV.2. Any worker
listed on a payroll at a helper wage rate, who is not a helper under a
approved definition, shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed.
4. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which
have been certified by the Secretary of Transportation as promoting EEO in connection with
Federal-aid highway construction programs are not subject to the requirements of paragraph
4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under
such programs will be established by the particular programs. The ratio of apprentices and
trainees to journeymen shall not be greater than permitted by the terms of the particular
program.
5. Withholdlng:
The SHA shall upon its own action or upon written request of an authorized representative
of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime contractor, or any other Federally-
assisted contract subject to Davis-Bacon prevailing wage requirements which Is held by the
same prime contractor, as much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full amount of wages required by the
contract, In the event of failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work, all or part of the wages
required by the contract, the SHA Contracting officer may, after written notice to the
contractor, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
.
6, Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers, mechanics, watchmen, or guards (including
apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or
permit any laborer, mechanlc, watchman, or guard In any workweek in which helshe is
employed on such work, to work in excess of 40 hours in such workweek unless such
laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-
and-one-half times hislher basic rate of pay for all hours worked in excess of 40 hours in such
workweek.
7. Violation:
I
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Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause
set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall
be liable to the affected employee for hislher unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory) for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer, mechanic, watchman, or guard employed in violation of the clause set forth in
paragraph 7, in the sum of $10 for each calendar day on which such employee was required
or permitted to work in excess of the standard work week of 40 hours without payment of the
overtime wages required by the clause set forth in paragraph 7.
8. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized
representative of the DOL withhold, or cause to be withheld, from any monies payable on
account of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other Federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural collectors, which are
exempt.)
0. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of Labor
which are herein incorporated by reference.
1. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and
each subcontractor during the course of the work and preserved for a period of 3
years from the date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at the slte of the work.
The payroll records shall contain the name, social security number, and address of
each such employee; his or her correct classification; hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described In Section l(b)(2)(B) of the Davis Bacon
Act); dally and weekly number of hours worked; deductions made; and actual wages
paid. In addition, for Appalachian contracts, the payroll records shall contain a
notation Indicating whether the employee does, or does not, normally reside in the
labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of
Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer
or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described In Section l(b)(2)(B) of the Davis Bacon
Act, the contractor and each subcontractor shall maintain records which show that
the commitment to provide such benefits is enforceable, that the plan or program Is
financially responsible, that the plan or program has been communicated in writing to
the laborers or mechanics affected, and show the cost anticipated or the actual cost
Incurred In providing benefits. Contractors or subcontractors employing apprentices
or trainees under approved programs shall maintain written evidence of the
registration of apprentices and trainees, and ratios and wage rates prescribed in the
applicable programs.
b.
350-000-15
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08/06
c Each contractor and subcontractor shall furnish, each week in which any contract
work is performed, to the SHA resident engineer a payroll of wages paid each of its
employees (including apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5, and watchmen and guards engaged on work during the
preceding weekly payroll period). The payroll submitted shall set out accurately and
completely all of the information required to be maintained under paragraph 2b of this
Section V. This information may be submitted in any form desired. Optional Form
WH-347 is available for this purpose and may be purchased from the Superintendent
of Documents (Federal stock number 029-005-0014-l), US. Government Printing
Office, Washington, D.C. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or hidher agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
that the payroll for the payroll period contains the information required to be
maintained under paragraph 2b of this Section V and that such information is
correct and complete;
that such laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in the
Regulations, 29 CF R 3;
that each laborer or mechanic has been paid not less that the applicable
wage rate and fringe benefits or cash equivalent for the classification of
worked performed, as specified in the applicable wage determination
incorporated into the contract.
d.
1.
2.
3.
e. The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 2d of this Section V.
The falsification of any of the above certifications may subject the contractor to civil or
criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
The contractor or subcontractor shall make the records required under paragraph 2b
of this Section V available for inspection, copying, or transcription by authorized
representatives of the SHA, the FHWA, or the DOL, and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, the SHA, the FHWA, the DOL, or all may, after written notice to the
contractor, sponsor, applicant, or owner, take such actions as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
0. On all Federal-aid contracts on the National Highway System, except those which provide
solely for the installation of protective devices at railroad grade crossings, those which are
constructed on a force account or direct labor basis, highway beautification contracts, and
contracts for which the total final construction cost for roadway and bridge is less than
$1,000,000 (23 CFR 635) the contractor shall:
Become familiar with the list of specific materials and supplies contained in Form
FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway
Construction Involving Federal Funds," prior to the commencement of work under
this contract.
Maintaln a record of the total cost of all materials and supplies purchased for and
incorporated In the work, and also of the quantities of those specific materials and
supplies listed on Form FHWA-47, and in the unlts shown on Form FHWA-47.
urnish, upon the completion of the contract, to the SHA resident engineer on Form
FHWA-47 together with the data required in paragraph 1 b relativFurnishaterials and
supplies, a final labor summary of all contract work indicating the total hours worked
and the total amount earned.
f.
g.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
a.
b.
c.
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08/06
1, At the prime contractor's option, either a single report covering all contract work or separate
reports for the contractor and for each subcontract shall be submitted
0. The contractor shall perform with its own organization contract work amounting to not less
than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated by the State. Specialty items
may be performed by subcontract and the amount of any such specialty items performed may
be deducted from the total original contract price before computing the amount of work
required to be performed by the contractor's own organization (23 CFR 635).
VII. SUBLETTING OR ASSIGNING THE CONTRACT
a, "Its own organization" shall be construed to include only workers employed and paid
directly by the prime contractor and equipment owned or rented by the prime
contractor, with or without operators. Such term does not include employees or
equipment of a subcontractor, assignee, br agent of the prime contractor.
"Specialty Items" shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or equipment not ordinarily available in the type of
contracting organizations qualified and expected to bid on the contract as a whole
and in general are to be limited to minor components of the overall contract.
1. The contract amount upon which the requirements set forth in paragraph I of Section VI1 is
computed includes the cost of material and manufactured products which are to be
purchased or produced by the contractor under the contract provisions,
2. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by
the firm, has full authority to direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources (supervision, management, and
engineering services) as the SHA contracting officer determines is necessary to assure the
performance of the contract.
No portion of the contract shall be sublet, assigned or otherwise disposed of except with the
written consent of the SHA contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the contractor of any responsibility for
the fulfillment of the contract. Written consent will be given only after the SHA has assured
that each subcontract is evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
0. In the performance of this contract the contractor shall comply with all applicable Federal,
State, and local laws governing safety, health, and sanitatlon (23 CFR 635). The contractor
shall provide all safeguards, safety devices and protective equipment and take any other
needed actions as it determines, or as the SHA contracting officer may determine, to be
reasonably necessary to protect the life and health of employees on the job and the safety of
the public and to protect property in connection with the performance of the work covered by
the contract
1. It Is a condition of this contract, and shall be made a condition of each subcontract, which the
contractor enters into pursuant to this contract, that the contractor and any subcontractor
shall not permit any employee, in performance of the contract, to work in surroundings or
under conditions which are unsanitary, hazardous or dangerous to hidher health or safety, as
determined under construction safety and health standards (29 CFR 1926) promulgated by
the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or
authorized representative thereof, shall have right of entry to any site of contract performance
to inspect or investigate the matter of compliance with the construction safety and health
standards and to carry out the duties of the Secretary under Section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333).
FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
b.
3
VIII. SAFETY: ACCIDENT PREVENTION
IX.
In order to assure high quality and durable construction In conformity wlth approved plans and
specifications and a high degree of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible,
350-000-1 5
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08/06
Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and
similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in
one or more places where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or
whoever, whether a person, association, firm, or corporation, knowingly makes any false statement,
false representation, or false report as to the character, quality, quantify, or cost of the material used
or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications, contracts, or costs of construction
on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false Statement, false representation, false report or false claim with
respect to the character, quality, quantity, or cost of any work performed or fo be performed, or
materials furnished or to be furnished, in connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined not more that $10,000 or imprisoned not more than 5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $1 00,000 or
more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder,
Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
0. That any facility that is or will be utilized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 3 Seq., as
amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251 eta., as amended by Pub.L. 92-500), Executive Order 11738, and
regulations in implementation thereof (40 CFR 15) Is not listed, on the date of contract award,
on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40
CFR 15.20.
1, That the firm agrees to comply and remain in compliance with all the requirements of Section
114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
2. That the firm shall promptly notify the SHA of the receipt of any communication from the
Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for
the contract Is under consideration to be listed on the EPA List of Violating Facilities.
3. That the firm agrees to include or cause to be included the requirements of paragraph 1
through 4 of this Section X in every nonexempt subcontract, and further agrees to take such
action as the government may direct as a means of enforcing such requirements.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
0. Instructions for Certification - Primary Covered Transactions:
XI.
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(Applicable to all Federal-aid contracts - 49 CFR 29)
a.
b.
C.
d.
e.
f.
g.
h.
1.
1.
By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
The inability of a person to provide the certification set out below will not necessarily
result in denial of participation in this covered transaction. The prospective participant
shall submit an explanation of why it cannot provide the certification set out below,
The certification or explanation will be considered in connection with the department
or agency's determination whether to enter into this transaction. However, failure of
the prospective primary participant to furnish a certification or an explanation shall
disqualify such a person from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction.
If it is later determined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for cause of
default.
The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction ,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations,
The prospective primary participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this
transaction.
The prospective primary participant further agrees by submitting this proposal that it
will Include the clause titled 'Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by
the department or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
inellgible, or voluntarily excluded from the covered transaction, unless it knows that
the certiflcatlon Is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
requlred to, check the nonprocurement portion of the "Lists of Parties Excluded From
Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is
compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
Except for transactions authorized under paragraph f of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineliglble, or voluntarily
excluded from participation in this transaction, In addition to other remedies avallable
to the Federal Government, the department or agency may terminate this transaction
for cause or default.
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Primary Covered Transactions
11. The prospective primary participant certifies to the best of its knowledge and belief,
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
b. Have not within a 3-year period preceding this proposal been convicted of or
had a civil judgement rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph 1 b of this certification; and
d. Have not within a 3-year period preceding this applicationlproposal had one
or more public transactions (Federal, State or local) terminated for cause or
default.
that it and its principals:
12. Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
*****
1. Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000
or more - 49 CFR 29)
. By signing and submitting this proposal, the prospective lower tier is providing the
certification set out below.
a. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tler participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or
agency with which this transaction originated may pursue available remedies,
including suspension andlor debarment.
b. The prospective lower tler participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous by reason of changed
circumstances.
c. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary
covered transaction," "participant," "person," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
d. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
350-000-1 5
Cornptrol ler
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transaction, unless authorized by the department or agency with which this
transaction originated.
e. The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
A participant in a covered transaction may rely upon a certification of a prbspective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
g. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
h. Except for transactions authorized under paragraph e of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
f.
+****
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transactions:
9. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
10. Where the prospective lower tier participant is unable to certify to any of the
***+e
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000 - 49 CFR 20)
0. The prospective participant certifies, by signing and submitting this bid or proposal, to the
best of his or her knowledge and belief, that:
No Federal approprlated funds have been paid or will be paid, by or on behalf of the
underslgned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
a. If any funds other than Federal appropriated funds have been paid or will be pald to
any person for influencing or attempting to influence an officer or employee of any
,
'
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Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
1. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
2. The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
3. During the performance of this contract, the contractor undertaking to do work which is, or
reasonably may be, done as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL wherein the contract work Is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work
is situated, except:
, To the extent that qualified persons regularly residing in the area are not available.
a. For the reasonable needs of the contractor to employ supervisory or specially
experienced personnel necessary to assure an efficient execution of the contract
work.
b. For the obligation of the contractor to offer employment to present or former
employees as the result of a lawful eollective bargaining contract, provided that the
number of nonresident persons employed under this subparagraph IC shall not
exceed 20 percent of the total number of employees employed by the contractor on
the contract work, except as provided in subparagraph 4 below.
4. The contractor shall place a job order with the State Employment Service indicating (a) the
classifications of the laborers, mechanics and other employees required to perform the
contract work, (b) the number of employees required in each classification, (c) the date on
which he estimates such employees will be required, and (d) any other pertinent information
required by the State Employment Service to complete the job order form. The job order may
be placed with the State Employment Service in writing or by telephone, If during the course
of the contract work, the information submitted by the contractor in the original job order is
substantially modified, he shall promptly notify the State Employment Service.
5. The contractor shall give full consideration to all qualified job applicants referred to him by the
State Employment Service. The contractor is not required to grant employment to any job
applicants who, in his opinion, are not qualified to perform the classification of work required.
6. If, within 1 week following the placing of a job order by the contractor with the State
Employment Service, the State Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number requested, the State Employment
Service will forward a certificate to the contractor indicating the unavailability of applicants.
Such certificate shall be made a part of the contractor's permanent project records. Upon
receipt of this certificate, the contractor may employ persons who do not normally reside in
the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph IC above.
7. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in
every subcontract for work which is, or reasonably may be, done as on-site work.
s Last modified on March 11,2005
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 6,2007
Meeting Date: March 1, 2007
Resolution 24, 2007
SubjectlAgenda Item:
Approval of a Work Authorization and Notice to Proceed in the amount of $328,550 to
Murray Logan Construction, Inc. via their Annual Public Works Contract, for canal
restoration of the Bellewood Canal from the Earman River to Applecrest Drive as part of
the Stormwater System Improvements - Phase VI1 (City Project No. PUB0088)
[ X ] Recommendation to APPROVE 1 ] Recommendation to DENY
Reviewed by:
City Attorney cd
Director of Construction
Submitted by:
Originating Dept.:
David Reyes,
Department
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
J X 1 N0iifk.d
[ ] Not required
Costs: $328,550.00
(Total)
$328.550.00
Current FY
Funding Source:
[ ] Operating
[ X ] Other- Capital Project
Budget Acct.#:
001 -3040-541.6900
:ouncil Action:
: ]Approved
: ]Approved wl
conditions
: ] Denied
: ] Continued to:
Attachments:
Resolution 24, 2007
Exhibit A: Murray
Logan Construction,
Inc. Proposal
Authorization and
Notice to Proceed
Exhibit B: Work
[ ]None
Date Prepared: February 6, 2007
Resolution 24,2007
BACKGROUND: In November 2003, City Council approved a five million dollar
Series 2003 Public Improvement and re-financing bond, as recommended by the
Blue Ribbon Panel, in order to facilitate the progress of the Stormwater System
Management Plan. To date, approximately $3.8 million of the bond funds have been
allocated to improve the system.
Staff received a proposal from Murray Logan Construction, Inc. in the amount of
$328,550.00 for the next phase of construction on the Bellewood Canal from the
Earman River Canal south to Applecrest Drive. Murray Logan is currently contracted
with the City under the Annual Public Works Contract approved on May 6, 2004. The
City has experienced excellent service from Murray Logan, who has completed
several preceding phases of the stormwater projects. In addition, residents have
been extremely satisfied with their level of service. If the Work Authorization and
Notice to Proceed is approved, construction will begin on May 1, 2007 and continue
for approximately seven months. A public workshop will be held a minimum of 30
days prior to the start of any work proceeding in order to address resident concerns.
STAFF RECOMMENDATION: Approval of Resolution 24, 2007 as presented.
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RESOLUTION 24,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WORK
AUTHORIZATION AND NOTICE TO PROCEED TO MURRAY
LOGAN CONSTRUCTION, INC. BASED ON ITS EXISTING ANNUAL
PUBLIC WORKS CONTRACT DATED MAY 6, 2004, FOR THE
RESTORATION OF THE BELLEWOOD CANAL, FROM THE
EARMAN RIVER CANAL TO APPLECREST DRIVE, AS PART OF
THE 2002 STORMWATER SYSTEM MANAGEMENT PLAN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City wishes to perform restorative and maintenance activities
along the Bellewood Canal, from the Earman River Canal to Applecrest Drive, as part of
the 2002 Stormwater System Management Plan; and
WHEREAS, the City awarded an Annual Public Works Contract to Murray Logan
Construction, Inc., per Resolution 102, 2004 dated May 6, 2004, for services including
those required above, pursuant to a competitive sealed bid; and
WHEREAS, the City has received a proposal from Murray Logan Construction,
Inc. to provide construction services related to said project, a copy of which is attached
hereto as Exhibit “A; and
WHEREAS, based on the recommendation of City staff, the City wishes to award
a Work Authorization and Notice to Proceed to Murray Logan Construction, Inc.,
attached hereto as Exhibit “B”; 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 recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby awards a Work Authorization and Notice to
Proceed for restoration of the Bellewood Canal to Murray Logan Construction, Inc., in
the amount of $328,550.00 based on its Annual Public Works Contract dated May 6,
2004, and authorizes the Mayor and City Clerk to execute the Work Authorization.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: February 5, 2007
Date Prepared: February 5, 2007
Resolution 24, 2007
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46 47
PASSED AND ADOPTED this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLlN
COUNCILMEMBER LEVY
COU NCILMEMBER VALECHE
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\murray logan work auth - reso 24 2007.doc
2
Date Prepared: February 6,2007
Resolution 24, 2007
EXHIBIT “A”
MUM Y LOGAN CONSTRUCTION, INC.
General Controdors
313 65TH TrailNorth
West Palm Baooh. FI, 33413
Phone: 56116863948
F8x: 561-686-7465
QUOTATION
DATE: 12-15-06
TO: City of Palm Bd Gardens
ATTN.; David Reyes
Dqk of Engineering
NM OF PROJl3X: Bellwood South Canal Reccmsmction Earman River south to Applecre!
LOCATION:
PLANS & SPECIFICATIONS: LBFH Plans 04-4358 sheets 1 thru 5
WE PROPOSE TO FURNISH ALL LABOR. MATERIAL AND EQUIPMENT TO PERFORM TI
A. Canal Restmation
1 - Mobilize cquipmmt, crew, turbidity screens, and rnainrumnct of traffic.
2. Construct access roads at bridges or roads as required.
3. Clear right of way of all tms, bces, etc end dispose of off site
4. Excavate canal bottom and sides to design saction.
5. Sod @om waters edge to top of bank with Bahia sod. Sod top of bank to right of way line with B:
6. Remove access roads and completely restare all disturbed areas.
hive (2960 If)
E FOLLOWING:
lh.
FOR TIHE LUMP SUM OF .................................. ... $328,550.00
Notes: 1. Staking, as buihs, and permits excluded.
2. hblk to move pvsonncl itms barn right of way prim to stpt of work.
3, Clearing limited to withii right of way. Stumps may b left in place where removal may cause damage to existing utilities.
4. Price is based on woss section modified so no fill is requited to be impartea or exported. City may direct fill to be hjmkd or
5. Existing utilities may dictate modification of ams section. Ranoval, relocation or modification of &sting utilities excluded.
6. Clawing and excavation to begin aRn relocation of utilities improperly lcxiatd id City right of way arc removed.
7. Idgation of Floratam by others, if irrigation not supplied or mhtained no guarantee of Floratam sod.
exported at additional cost if they desire.
*Qu* based on tbe City of Palm Beach Gardens AM^ ~ontrrct rates.
ACCEPTED MURRAY LOGAN CONSTRUCTION, INC.
DATE:
Date Prepared: February 6, 2007
Resolution 24,2007
EXHIBIT “B”
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
WORK AUTHORIZATION AND NOTICE TO PROCEED
PROJECT NO. PUB0088 DATE: March 1.2007
PROJECT TITLE: Bellewood Canal from Earman River Canal south to APDlecrest Drive
and Associated Finaer Canals
CONTRACTOR: Murrav Loaan Construction, Inc.
You are hereby requested to proceed with the following work, as outlined in the proposal
attached hereto, and all work shall be pursuant to those items in the Annual Public Works
Contract dated May 6, 2004. By this reference incorporated herein, for this project and to
perform the work accordingly, subject to all contract stipulations, covenants and conditions.
For an amount not to exceed $328,550.00
The work shall commence on Mav 1. 2007 and be substantially complete no later than
December 1. 2007 with a final completion date of Januatv 1. 2008. The parties hereto also
understand that the City may modify the commencement date herein upon written notice.
The Contractor agrees to provide the City with payment and performance bonds for the full
contract amount of $328,550.00 prior to commencement of work, and the bonds required herein
shall be in accordance with F.S. 255.05 Bonds.
It is hereby agreed that the amount of damages for each day passed the date set for substantial
completion shall be $200.00 per day, and the amount of damages passed the date set for final
completion shall be $250.00 per day, and not as a penalty, but as liquidated damages for every
day of delay in finishing the work in excess of the number of working days prescribed above for
both substantial and final completion. The Contractor hereby agrees that said sum shall be
deducted from monies due the Contractor under the contract or if no money is due the
Contractor, the Contractor hereby agrees to pay to the City as liquidated damages, and not as a
penalty such total sum as shall be due for such delay, computed above.
THE UNDERSIGNED, BY EXECUTION OF THIS WORK AUTHORIZATION AND NOTICE TO
PROCEED, AGREES TO BE BOUND BY THE TERMS AND CONDITIONS INCORPORATED
HEREIN. -
TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION
CITY OF PALM BEACH GARDENS, FLORIDA
RECOMMEND:
ATTEST:
. CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 8,2007
Meeting Date: March 1, 2007
Resolution 25,2007
SubjecUAgenda Item: Resolution 25, 2007 - Approve three (3) Continuing Contracts for
Professional Graphic Services
[ X 1 Recommendation to APPROVE --
] Recommendatic
Reviewed by:
Christine Tatum
City Attorney
Allan Owens cr6
Submitted by:
Jack Doughpey, Community
City
I to DENY
Originating Dept.:
Charlotte Presensk
Community Services
Department
Advertised:
[ X ] Not Required
Affected parties
wd
[ XI Not required
:osts: N/A
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Per project
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 25,2007
Exhibit A: RFQ #2006-0010
Exhibit B: Professional Service Agreements (3)
[ ]None
Date Prepared: January 8,2007
Meeting Date: March 1, 2007
Resolution 25,2007
BACKGROUND: The City of Palm Beach Gardens utilizes professional graphic design services for
various public communication projects throughout the fiscal year. To provide for consistency in
service and adherence to purchasing policies, graphic design service professionals were afforded
an opportunity to be placed on a “Qualified Vendor List” for staff to utilize when necessary.
Request for Qualifications (RFQ) #2006-0010 was published November 1,2006 to obtain proposals
from graphic service professionals. A continuing contract is defined as a contract whereby a firm can
provide professional services to the City for work of a specified nature. Firms included on the
“Qualified Vendor List” have met criteria as set forth in RFP # 2006-010 and demonstrated the
extent of their professional capability. The firms included on the list will be asked to submit
proposals on a project-by-project basis. Staff will consider pricing, time constraints and the ability of
the firm to complete that specific project. A firm will be selected by issuance of a Work Authorization
on a per project basis. Execution of the contracts with each of these firms does not bind the City of
Palm Beach Gardens for any certain amount of work allocation or dollar payment.
Eight (8) firms responded to RFQ, of which three (3) were qualified and selected for contract awards
by an evaluation committee made up of City staff. The initial term of these contracts is for three (3)
years with a renewal option for an additional three (3) year term.
The recommended Graphic Design Services firms for contract execution are as follows:
Caren Hackman Artist Designer
Tara Biek Creative Design
Palm Beach Media Associates, Inc.
STAFF RECOMMENDATION: Approve Resolution 25,2007 as presented.
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RESOLUTION 25,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AWARDING CONTINUING
CONTRACTS FOR PROFESSIONAL SERVICES TO CAREN
HACKMAN, INC., PALM BEACH MEDIA ASSOCIATES, INC., AND
TARA BlEK CREATIVE, LLC; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE AGREEMENTS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City desires to award continuing contracts to multiple vendors for
the purpose of providing Graphic Design Services to complete assorted tasks, including
communication pieces, brochures, and mailers; and
WHEREAS, the City issued Request for Proposals No. 2006-01 0 for Professional
Services, attached hereto as Exhibit “A; and
WHEREAS, the City received qualified proposals from Caren Hackman, Inc.,
Palm Beach Media Associates, Inc., and Tara Biek Creative, LLC; and
WHEREAS, the City Council wishes to award continuing contracts to these
vendors and such agreements have been prepared and are attached hereto as Exhibit
“B”; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby awards continuing contracts for Graphic
Design Services to Caren Hackman, Inc., Palm Beach Media Associates, Inc., and Tara
Biek Creative Graphic Design, LLC, and authorizes the Mayor and City Clerk to execute
such agreements.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: January 8, 2007
Date Prepared: January 8, 2007
Resolution 25, 2007
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46 47
PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BAR
-- AYE NAY ABSENT
---
--- I ETT
--- COUNCILMEMBER JABLlN
CO U NC I L M E M B E R LEVY
COUNCILMEMBERVALECHE
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G:\attorney-share\RESOLUTIONS\Graphics Services agmts - reso 25 2007.doc
2
Date Prepared: January 8, 2007
Resolution 25, 2007
EXHIBIT “A”
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I t W Y
REQUEST FOR PROPOSALS
GRAPHIC DESIGN SERVICES - QUALIFIED VENDOR LIST
RFP # 2006-010
NOVEMBER 2,2006
THE CITY OF PALM BEACH GARDENS
10500 NORTH MtLITARY TRAIL
PALM BEACH GARDENS, FLORIDA
3341 0
X
1
REQUEST FOR PROPSALS
RFP # 2006-01 0
The City of Palm Beach Gardens Council is accepting sealed proposals for the following:
GRAPHIC DESIGN SERVICES - QUALIFIED VENDORS LIST
All Requests for Proposals must be received, one (1) original and three (3) copies, at the address below
in the City Clerk’s Office, no later than Wednesdav. November 29, 2006, at 2:OO D.m., at which time all
Requests For Proposals will be publicly opened and read. Receipt of a response by any City office,
receptionist, or personnel other than the City Clerk’s Office does not constitute “receipt” as required by
this solicitation. The City Clerk’s time stamp shall be conclusive as to the timeliness of receipt.
RFP documents may be obtained at the address below or by calling the City Clerk’s Office at (561) 799-
4121. RFP documents will not be issued unless the request is received at least 24 hours prior to the
opening of the RFP. RFP documents can be downloaded from the City’s website link at:
www . D bclf I .corn/ busi n esslrfplrfp .asp.
The RFP Evaluation Committee Meetinq is scheduled to meet at City Hall on Friday, December 8,
2006, at 2:OO pm.
All RFP documents are to be sealed when submitted and be delivered or mailed to:
City of Palm Beach Gardens
City Clerk’s Office
10500 N. Military Trail
Palm Beach Gardens, FL 33410
On the envelope(s) containing the proposal shall be written in large letters:
RFP # 2006-01 0 for: GRAPHIC DESIGN SERVICES - QUALIFIED VENDORS LIST
To Be Opened: November 29,2006, at 2 p.m.
The City of Palm Beach Gardens reserves the right to reject any or all proposals, in whole or in part, with or without
cause, to waive any informalities and technicalities, and to award the non-exclusive Contract on such coverage and
terms it deems will best serve the interest of the City. Criteria utilized by the City of Palm Beach Gardens for
determining the most responsible proposer includes, but is not limited to, cost, whether the Proposer meets the City
of Palm Beach Gardens published Specifications, the Proposer’s experience, skill, ability, financial capacity, and any
other factor which could reasonably be asserted as being relevant to successful performance. Proposers should
anticipate the City may negotiate some or all of the components of a submittal package with one or more of the
Proposers in order to obtain the best value of services offered. Multi-award of this qraDhic desiqn services contract
may take place.
CITY OF PALM BEACH GARDENS
Patricia Snider, CMC, City Clerk
Publish Date:
Sunday, November 5,2006
Sunday, November 12,2006
2
GRAPHIC DESIGN SERVICES - QUALIFIED VENDORS LIST
RFP #2006-010
TABLE OF CONTENTS
General Conditions
Special Conditions
Minimum SpecificationslScope of Services
Proposal Submittal Form
Vendor Service Representative Information
Client References
Drug-Free Workplace Form
Proposal Check List
Sample Agreement (separate attachment)
8 pages
4 pages
3 pages
3 pages
1 Page
1 Page
1 Page
1 Page
8 pages
3
GRAPHIC DESIGN SERVICES - QUALIFIED VENDORS LIST
RFP #2006-010
1 .O GENERAL CONDITIONS
1 .I
1.2
1.3
SEALED PROPOSALS:
Original copy of Proposal Form as well as any other pertinent documents must be
returned in order for the Proposal to be considered for award. All Proposals are subject
to the conditions specified herein and on the attached Special Conditions, Specifications
and Proposal Form.
The completed Proposal must be submitted in a sealed envelope clearly marked with the
Proposal Title and number to the City Clerk's Office, City of Palm Beach Gardens, 10500
N. Military Trail, Palm Beach Gardens, Florida 33410 by the declared due date and time.
The proposals will be opened and read aloud by the City Clerk's office. The
proposals may be reviewed for several weeks, which will involve interviews, before
any vendors will be chosen for recommendation to contract. There will be no
formal discussion of the RFP submittals except during the final interview phase.
EXECUTION OF PROPOSAL:
The Proposal must contain a manual signature of an authorized representative in the
space provided on the Proposal Form. Failure to properly sign Proposal shall invalidate
same and it shall NOT be considered for award. All Proposals must be completed in pen
or be typewritten. No erasures are permitted. If a correction is necessary draw a single
line through the entered figure and enter the corrected figure above it. Corrections must
be initialed by the person signing the Proposal. Any illegible entries, pencil Proposals or
corrections not initialed will not be tabulated. The original Proposal conditions and
specifications CANNOT be changed or altered in any way after submitted to the City.
PRlCESlRATES QUOTED:
Deduct trade discounts and quote firm net prices and rates. Give both unit price and
extended total, when requested. Prices must be stated in units of quantity specified in
the Proposal specifications. In case of discrepancy in computing the amount of the
Proposal, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination,
freight prepaid (unless otherwise stated in special conditions). Award, if made, will be in
accordance with terms and conditions stated herein. Each item must be proposed
separately and no attempt is to be made to tie any item or items in with any other item or
items. Cash or quantity discounts offered will not be a consideration in determination of
award of Proposal(s). All prices quoted shall be guaranteed for 60 days from Proposal
date unless otherwise specified in Special Conditions.
1.3.1
1.3.2
1.3.3
TAXES:
The City of Palm Beach Gardens is exempt from all Federal Excise and State
taxes. The applicable tax exemption number is shown on the Purchase Order.
MISTAKES:
Proposers are expected to examine the specifications, delivery schedules,
Proposal prices and extensions and all instructions pertaining to supplies and
services. Failure to do so will be at the Proposer's risk.
UNDERWRITERS' LABORATORIES:
Unless otherwise stipulated in the Proposal, all manufactured items and
fabricated assemblies shall be U.L. listed or re-examination listing where such
has been established by U.L. for the item@) offered and furnished.
4
1.3.4 PROPOSAL’S CONDITIONS:
The City reserves the right to waive irregularities in Proposals or to reject all
Proposals or any part of any Proposal deemed necessary for the best interest of
the City of Palm Beach Gardens, Florida.
1.4 EQUIVALENTS:
If Proposer offers makes of equipment or brands of supplies other than those specified, it
must be indicated in the Proposal. Specific article(s) of equipmentkupplies shall conform
in quality, design and construction with all published claims of the manufacturer.
Brand Names: Catalog numbers, manufacturers’ and brand names, when listed, are
informational guides as to a standard of acceptable product quality level only and should
not be construed as an endorsement or a product limitation of recognized and legitimate
manufacturers. Proposers shall formally substantiate and verify that product(s) offered
conform with or exceed quality as listed in the specifications.
Proposer shall indicate on the Proposal form the manufacturers’ name and number if
proposing other than the specified brands, and shall indicate ANY deviation from the
specifications as listed. Other than specified items offered requires complete descriptive
technical literature marked to indicate detail(s) conformance with specifications and
MUST BE INCLUDED WITH THE PROPOSAL. NO PROPOSALS WILL BE
CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to quote an alternate brand or model number, the
Proposal will be considered as a Proposal in complete compliance with the specifications
as listed on the attached form.
1.5 NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Any item delivered, not
conforming to specifications, may be rejected and returned at Proposer’s expense.
These items and items not delivered as per delivery date in Proposal and/or purchase
order may be purchased on the open market. Any increase in cost may be charged
against the Proposer. Any violation of these stipulations may also result in Proposer’s
Name being removed from the vendor list.
1.6 SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not
destroyed, will, upon request, be returned at the Proposer’s expense. Proposers will be
responsible for the removal of all samples furnished within (30) days after Proposal
opening. All samples will be disposed of after thirty (30) days. Each individual sample
must be labeled with Proposer’s name. Failure of Proposer to either deliver required
samples or to clearly identify samples may be reason for rejection of the Proposal.
Unless otherwise indicated, samples should be delivered to the City Clerks Department,
10500 N. Military Trail, Palm Beach Gardens, Florida 33410.
1.7 DELIVERY:
Unless actual date of delivery is specified (or if specified delivery cannot be met), show
number of days (in calendar days) required to make delivery after receipt of purchase
order, in space provided. Delivery time may become a basis for making an award.
Delivery shall be within the normal working hours of the City, Monday through Friday,
excluding holidays.
I .8 INTERPRETATIONS:
Unless otherwise stated in the Proposal, any questions concerning conditions and
specifications should be submitted in writing to Arthur DeRostaing, Purchasing Agent,
Palm Beach Gardens, Florida 33410 Facsimile (561) 799-41 34.
5
1.9 AWARDS:
The City of Palm Beach Gardens reserves the right to reject any and all Proposals or any
portion of any Proposal deemed necessary for the best interest of the City; to accept any
item or group of items; to acquire additional services at prices quoted unless additional
services are not acceptable, in which case the Proposal submittal must be noted
“PROPOSAL IS FOR SCOPE OF SERVICES ONLY”. There will be no guaranteed
minimum or maximum award on individual projects under this contract award. All awards
made as a result of this Proposal shall conform to applicable Florida Statutes.
1 .IO PROPOSAL OPENING:
Proposals shall be opened and publicly read in the City Hall Council Chambers, 10500 N.
Military Trail, Palm Beach Gardens, Florida on the date and at the time specified on the
Proposal Form. All Proposals received after that time shall be returned, unopened.
1 .I 1 INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of
loss or damage to all items shall be the responsibility of the successful Proposer until
acceptance by the City unless loss or damage result from negligence by the City. If the
materials or services supplied to the City are found to be defective or not conform to
specifications, the City reserves the right to cancel the order upon written notice to the
seller and return product at Proposer’s expense.
1.12 PAYMENT:
Payment will be made by the City after the items awarded to a Proposer have been
received, inspected, and found to comply with award specifications, free of damage or
defect and properly invoiced. Contract cancellation will occur if funds are not available to
cover the cost of the services. The City’s obligation is contingent upon the availability of
appropriated funds before specific jobs are awarded.
1 .I 3 DISPUTES:
The City Clerks Department shall post a tabulation of the Proposal results with intended
award recommendations. Posting shall be at City Hall and shall be on display for public
viewing. Any actual or prospective Proposer, proposer, offeror, or contractor who is
aggrieved in connection with the solicitation or award of contract may file a written protest
to the City Clerk. Protestors shall file their written protests with the City Clerk between the
hours of 8:OO a.m. and 500 p.m. Protests shall contain the name, address and phone
number of the petitioner, name of petitioner’s representative (if applicable), the name and
Proposal number of the solicitation. The protest shall specifically describe the subject
matter, facts giving rise to the protest and also the action requested from the City.
The written protest must be received no later than 72 consecutive hours (excluding
Saturdays, Sundays and legal holidays) from the time of initial posting. Failure to file a
timely formal written protest within the time period specified shall constitute a waiver by
the vendor of all rights of protest under this ProposaVProposal Protest Procedure.
In the event of a timely protest, the City shall not proceed further with the solicitation or
with the award of the Proposal/contract until all administrative remedies have been
exhausted or until the City Manager determines that the award of the Proposallcontract
without delay is necessary to protect the public health, welfare or safety.
1.14 LEGAL REQUIREMENTS:
Federal, State, County and City laws, ordinances, rules and regulations that in any
manner affect the items covered herein apply. Lack of knowledge by the Proposer will in
no way be a cause for relief from responsibility.
1 .I5 INDEMNIFICATION:
The parties agree that 1% of the total compensation paid to the Contractor for the
performance of this agreement shall represent the specific consideration for the
6
Contractor’s indemnification of the City as set forth in this Section and in the Terms and
Conditions.
To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and
hold harmless the City and their consultants, agents and employees from and against all
claims, damages, losses and expenses, direct, indirect or consequential (including but
not limited to fees and charges of attorneys and other professionals and court and
arbitration costs) arising out of or resulting from the performance of the work, provided
that any such claim, damage, loss or expense (a) is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property (other
than the work itself) including the loss of use resulting there from and (b) is caused in
whole or in part by any willful or negligent act or omission of Contractor, any
subcontractor, any person or organization directly or indirectly employed by any of them
to perform or furnish any of the work or anyone for whose acts any of them may be
liable, regardless of whether or not it is caused in part by a party indemnified
hereunder or arises by or is imposed by Law and Regulations regardless of the
negligence of any such party.
In any and all claims against the City or any of their consultants, agents or employees by
any employee of Contractor, any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the work or anyone for
whose acts any of them may be liable, the indemnification obligation under the above
paragraph shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Contractor or any such
Subcontractor or other person or organization under workers or workman’s
compensation acts, disability benefit acts or other employee benefit acts.
It is further the specific intent and agreement of the parties that all of the Contract
Documents on this project are hereby amended to include the foregoing indemnification
and the “Specific Consideration” therefore.
The official title of the Owner is “City of Palm Beach Gardens”. This official title shall be
used in all insurance, or other legal documentation. City of Palm Beach Gardens is to be
included as “Additional Insured” with respect to liability arising out of operations
performed for City of Palm Beach Gardens by or on behalf of Contractor or acts or
omissions of Contractor in connection with such operation.
1 .I6 PATENTS & ROYALTIES:
The Proposer, without exception, shall indemnify and save harmless the City of Palm
Beach Gardens, Florida and its employees from liability of any nature or kind, including
cost and expenses for, or on account of, any copyrighted, patented, or unpatented
invention, process, or article manufactured or used in the performance of the contract,
including its use by The City of Palm Beach Gardens, Florida and any and all copy right.
If the Proposer uses any design, device or materials covered by letters, patent, or
copyright, it is mutually understood and agreed, without exception, that the Proposal
prices shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work. All originals designs, photographs, art work,
paste-up, negatives and magnetic media used in production of the graphics shall remain
and/or become the property of the City of Palm Beach Gardens.
1.17 OSHA:
The Proposer warrants that the product and services supplied to the City of Palm Beach
Gardens, Florida shall conform in all respects to the standards set forth in the
Occupational Safety and Health Act of 1970, as amended, and the failure to comply with
this condition will be considered as a breach of contract. Any fines levied because of
inadequacies to comply with these requirements shall be borne solely by the Proposer
responsible for same.
7
1.18 SAFETY PRECAUTIONS:
The Proposer shall, if required, maintain suitable and sufficient guards and barriers and,
at night, suitable and sufficient lighting for the prevention of accidents and all minimum
safety standards required by municipal, County, State and Federal ordinances and laws
shall be strictly met by the Proposer
1-19 SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall have
precedence.
1.20 ANTI-DISCRIMINATION:
The Proposer certifies compliance with the non-discrimination clause contained in
Section 202, Executive Order 11 246, as amended by Executive Order 11 375, relative to
equal employment opportunity for all persons without regard to race, color, religion, sex
or national origin.
1.21 QUALITY:
All materials used for the manufacture or construction of any supplies, materials or
equipment covered by this Proposal shall be new. The items Proposal must be new,
unless recycled materials are certified by Proposer, the latest model, of the best quality,
and highest grade workmanship.
1.22 LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where prospers are required to enter or go onto City of Palm Beach Gardens property to
deliver materials or perform work or services as a result of a Proposal award, the
successful Proposer will assume the full duty, obligation and expense of obtaining all
necessary licenses, permits and insurance and assure all work complies with all Palm
Beach County and City of Palm Beach Gardens building requirements and the Florida
Building Code. The Proposer shall be liable for any damages or loss to the City
occasioned by negligence of the Proposer (or agent) or any person the Proposer has
designated in the completion of the contract as a result of the Proposal.
1.23 CERTIFICATES OF INSURANCE:
After acceptance of Proposal, the City will notify the successful Proposer to submit
certificate of insurance in the amount specified in Special Conditions.
1.24 DEFAULTlFAlLURE TO PERFORM:
The City shall be the sole judge of nonperformance, which shall include any failure on the
part of the successful Proposer to accept the award, to furnish required documents,
and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Proposer to meet any terms of this agreement, the City
will notify the Proposer three (3) days (weekends and holidays excluded) to remedy the
default. Failure on the contractor’s part to correct the default within the required three (3)
days shall result in the contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall
constitute default:
A) Failure to perform the work required under the contract and/or within the time
required or failing to use the subcontractors, entities and personnel as identified and
set forth, and to the degree specified in the contract.
B) Failure to begin the work under this contract within the time specified.
C) Failure to perform the work with sufficient workers and equipment or with sufficient
materials to ensure timely completion.
D) Neglecting or refusing to remove materials or perform new work where prior work has
been rejected as non-conforming with the terms of the contract.
E) Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or
insolvency, or making an assignment renders the successful Proposer incapable of
performing the work in accordance with and as required by the contract.
8
F) Failure to comply with any of the terms of the contract in any material respect.
In the event of default of a contract, the successful Proposer shall pay all attorney’s fees
and court costs incurred in collecting any damages. The successful Proposer shall pay
the City for any and all costs incurred in ensuing of the completion of the project.
1.25 CANCELLATION:
The City of Palm Beach Gardens reserves the right to cancel this contract by written
notice to the contractor effective the date specified in the notice should any of the
following applies:
A) The contractor is determined by the City to be in breach of any of the terms and
conditions of the contract and/or to have failed to perform hidher services in a
manner satisfactory to the City. In the event the contractor is found to be in default,
the contractor will be paid for all labor and materials provided as of the termination
date. No consideration will be given for anticipated loss of revenue or the canceled
portions of the contract.
B) The City has determined that such cancellation will be in the best interest of the City
to cancel the contract for its own convenience.
C) Funds are not available to cover the cost of the services. The City’s obligation is
contingent upon the availability of appropriate funds.
1.26 BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and shall be
submitted in DUPLICATE to Accounts Payable, City of Palm Beach Gardens, 10500 N.
Military Trail, Palm Beach Gardens, Florida 33410.
1.27 SUBSTITUTIONS:
The City of Palm Beach Gardens, Florida WILL NOT accept substitute shipments of any
kind. Proposer(s) is expected to furnish the brand quoted in their Proposal once awarded.
Any substitute shipments will be returned at the Proposer’s expense.
1.28 FACILITIES:
The City reserves the right to inspect the Proposer’s facilities at any time with prior notice.
1.29 PROPOSAL TABULATIONS:
Proposers desiring a copy of the Proposal tabulation may request same by enclosing a
self-addressed stamped envelope with the Proposal.
1.30 APPLICABLE LAW AND VENUE:
The law of the state of Florida shall govern the contract between the City of Palm Beach
Gardens and the successful Proposer and any action shall be brought in Palm Beach
County, Florida. In the event of litigation to settle issues arising hereunder, the prevailing
party in such litigation shall be entitled to recover against the other party its costs and
expenses, including reasonable attorney fees, which shall include any fees and costs
attributable to appellate proceedings arising on and of such litigation.
I .31 CLARIFICATION AND ADDENDA TO PROPOSAL SPECIFICATIONS:
If any person contemplating submitting a Proposal under this Invitation for Proposal is in
doubt as to the true meaning of the specifications or other Proposal documents or any
part thereof, the Proposer must submit to the City of Palm Beach Gardens City Clerk at
least seven (7) calendar days prior to scheduled Proposal opening, a request for
clarification. All such requests for clarification must be made in writing and the person
submitting the request will be responsible for its timely delivery.
Any interpretation of the Proposal, if made, will be made only by Addendum duly issued
by the City of Palm Beach Gardens City Clerk. The City shall issue an Informational
Addendum if clarification or minimal changes are required. The City shall issue a Formal
Addendum if substantial changes which impact the technical submission of Proposals are
required. A copy of such Addendum will be sent to each Proposer receiving the Invitation
9
for Proposal. In the event of conflict with the original Contract Documents, Addendum
shall govern all other Contract Documents to the extent specified. Subsequent addendum
shall govern over prior addendum only to the extent specified.
1.32 AWARD OF CONTRACT:
A) A contract may be awarded to the responsive, responsible Proposer(s) whose
Proposal(s), conforming to the Request for Proposal, is most advantageous to the City of
Palm Beach Gardens and based upon the evaluation criteria herein. The responsive,
responsible Proposer(s) will be determined in conjunction with the method of award
which is described in the Special Conditions. Tie Proposals will be decided as described
herein.
B) The City shall award a contract to a Proposer through action taken by the City Council
or the City Manager of the City of Palm Beach Gardens, Florida.
C) The General Terms and Conditions, the Special Conditions, the Technical
Specification, and the Proposer’s Proposal are collectively and integral part of the
contract between the City of Palm Beach Gardens and the successful Proposer.
D) While the City of Palm Beach Gardens may determine to award a contract to a
Proposer(s) under this Request for Proposal, said award may be conditional on the
subsequent submission of other documents as specified in the Special Conditions. The
Proposer shall be in default of any conditional award if any of these documents are not
submitted in a timely manner and in the form required by the City. If the Proposer is in
default, the City will void its acceptance of the Proposer’s offer and may determine to
select the second responsive, responsible Proposer or re-solicit Proposals. The City
may, at its sole option, seek monetary restitution from the defaulting Proposer as a result
of damages or excess costs sustained and/or may prohibit the Proposer from submitting
future Proposals for a period of one year.
E) The City reserves the right to exercise the option to renew a term contract of any
successful Proposer(s) to a subsequent optional period; provided that such option is
stipulated in the Special Conditions and is contained in any contract ultimately awarded in
regard to this Proposal.
F) The City reserves the right to automatically extend any contract for a maximum period
not to exceed ninety (90) calendar days in order to provide City departments with
continual service and supplies while a new contract is being solicited, evaluated and/or
awarded, provided this is expressly made a part of any contract awarded in regard to this
Proposal.
1.33 ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of any
contract, including any or all of its right, title, or interest therein, or his or its power to
execute such contract to any person, company or corporation without prior written
consent of the City of Palm Beach Gardens.
1.34 LAWS, PERMITS AND REGULATIONS:
The Proposer shall obtain and pay for all licenses, permits and inspection fees required
for this project; and shall comply with all laws, ordinances, regulation building code
requirements applicable to the work contemplated herein.
1.35 OPTIONAL CONTRACT USAGE:
Other State agencies, and/or Governmental Entities in the State of Florida may purchase
from the resulting contract. Contractors shall sell these commodities or services to the
other State agencies andlor Governmental Entities in the State of Florida at the agencies’
and/or entities option.
10
1.36 SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this Proposal from the
selected Proposer. However, items that are to be “Spot Market Purchased” may be
purchased by other methods, i.e. Federal, State or local contracts.
1.37 PUBLIC ENTITY CRIMES:
As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a Proposal on a contract to provide any goods or services to a public
entity, may not submit a Proposal on a contract with a public entity for the construction or
repair of a public building or public work, may not submit Proposals on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity, and my not transact
business with any public entity in excess of the threshold amount provided S.S. 287.017
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
1.38 CONFLICT OF INTEREST AND CODE OF ETHICS:
The award is subject to provisions of State Statutes and City policies. All Proposers must
disclose with their Proposal the name of any officer, director, or agent who is also an
employee of the City of Palm Beach Gardens. Further, all Proposers must disclose the
name of any City employee who owns, directly or indirectly, an interest of 5% or more in
the Proposer’s firm or any of it‘s branches.
If any Proposer violates or is a party to a violation of the code of ethics of the City and the
State of Florida with respect to this Proposal, such Proposer may be disqualified from
performing the work described in this Proposal or from furnishing the goods or services
for which the Proposal is submitted and shall be further disqualified from bidding on any
future Proposals for work or for goods or services for the City. A copy of the City and
State Ethics Codes is available at the office of the City Clerk, City of Palm Beach
Gardens, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410.
Proposer certifies that this offer is made without prior understanding, agreement, or
connection with any corporation, firm or person submitting an offer for the same
materials, services, supplies, or equipment and is in all respects fair and without collusion
or fraud.
1.39 NON-COLLUSION:
No premiums, rebates or gratuities are permitted, either with, prior to or after any delivery
of material or provision of services. Any violation of this provision may result in the
Contract cancellation, return of materials or discontinuation of services and the possible
removal from the vendor Proposal list(s).
1.40 FLORIDA PUBLIC RECORDS ACT:
All material submitted regarding this Proposal becomes the property of the City.
Proposals may be reviewed by any person ten (IO) days after the public opening.
Proposers should take special note of this as it relates to any proprietary information that
might be included in their offer.
Any resulting contract may be reviewed by any person after the contract has been
executed by the City. The City has the right to use any or all information/material
submitted in response to this Proposal andlor any resulting contract from same.
Disqualification of a Proposer does not eliminate this right.
1.41 TIED PROPOSALSlDRUG FREE WORKPLACE PROGRAMS:
In the event of an identical tied Proposal or proposal, preference will be given to local
vendors. If none of the vendors are local, preference shall be given to the business,
submitting proof of Drug-Free Work Place (DFW) programs. A public drawing of lots will
be held in the event all apply.
11
2.0 SPECIAL CONDITIONS
2.1 PURPOSE OF RFP:
The purpose of this Request of Proposals is to establish one or more contracts, by
means of sealed Proposal, for Graphic Design Services, as specified herein, on an as
needed, when needed basis, from a source(s) of supply that will give prompt and efficient
service.
2.2 TERM OF CONTRACT:
The initial contract term shall be two years, commencing on the effective date of
the contract. The City reserves the right to extend the contract for four (4)
additional one (1) year renewal terms, providing both parties agree to the
extension, all terms, conditions, and specifications remain the same, and such
extension is approved by the City.
2.3 PRICE I RATE INCREASES:
No increase will be accepted during the initial contract term. A written notice must be sent
to the City, at least ninety (90) days prior to effective date of the contract term renewal,
accompanied by Contractor’s documentation to substantiate need for price and/or rate
increases. No more than one price and/or rate schedule increase will be accepted for
each respective contract term.
2.4 METHOD OF AWARD:
Award of this contract shall be based on an objective and subjective criteria. Following
review of all Proposals, the Selection Committee will recommend one or more Proposers.
Recommendations will be based on the following criteria:
(a) Balanced proposal price or schedule of graphic services feeslrates 0-35
(b) Evidence of ability, capacity 8, skill of designer to perform,
including timeliness, service availability, and an equipment list.
0-20
(c) Minimum of four (4) client references 0 - 30
(d) Proper licenses, and other related Certifications/Professional Awards 0-05
(Based solely upon copies submitted with Proposal)
(e) Contractor’s ability to perform contract, no sub-contractors will be allowed 0- 10
(Based solely upon information submitted with Proposal)
Total 100 Points
SELECTION PROCESS
Proposals received by submittal deadline will be reviewed by the Selection Committee to
determine if each Proposer has submitted the required information and met all mandatory
requirements. Those Proposal(s) found to be non-responsive shall be rejected from further
consideration.
Each responsive Proposer will then be interviewed by the Selection Committee on a specified
date, and will be required to present samples of graphics and / or portfolios. Upon completion of
the presentations, the Selection Committee Members shall independently review and score every
Proposal in its entirety and shall meet as a group to discuss award recommendation.
The scoring will be based on all factor(s) as identified in the Evaluation Criteria, and all other
pertinent data submitted. A grand total score shall be computed by adding each Selection
Committee Members score together. The firm(s) with the highest grand totals shall be
recommended for contract award(s).
12
2.5
2.6
2.7
2.8
2.9
PAYMENT:
Payments will be made upon completion and acceptance of each individual service order. No
downlpartial payments will be made.
DELlVERYlCOMPLETlON TIME
Delivery shall be within reasonable timeframes desianated for each proiect bv the
requesting department. The City seeks a source of services that will provide accurate and
timely delivery.
ADDlTlONSlDELETlONS OF UNITS:
It is hereby agreed and understood that any service/material may be added/deleted to/from this
contract at the option of the City, as needed.
PRICES SHALL BE FIXED AND FIRM DURING TERM OF CONTRACT:
If the Proposer is awarded a contract under this solicitation, the prices quoted by the Proposer
shall remain fixed and firm during the initial term of the contract: provided, however, that the
Proposer may offer incentive discounts from this fixed price and / or rate to the City at any time
during the each contractual term.
INSURANCE:
The Proposer may be requested to procure, maintain and provide the City with
certificates of insurance as evidence of the insurance, any or all, required under this
section for the duration of the job. If requested, the amounts and types of insurance
provided by the Contractor shall conform to the following minimum requirements:
Worker's Compensation. The Contractor shall provide and maintain during the life of the
Contract Workers Compensation Insurance coverage in accordance with statutory
requirements. The policy must include Employers' Liability Insurance in an amount not
less than $500,000 each accident, $500,000 by disease and $500,000 aggregate by
disease.
Comprehensive General Liability. The Contractor shall provide and maintain during the
life of the Contract Comprehensive General Liability Insurance. Coverage must include,
but not be limited to, ProductslCompleted Operations, Contractual and Fire Legal Liability
coverage.
The Contractor shall maintain minimum limits of $1,000,000 per occurrence combined
single limit for bodily injury liability and property damage liability.
Automobile Liability Insurance. The Contractor shall provide and maintain during the life
of the Contract, Comprehensive Automobile Liability Insurance. Coverage must include,
but not be limited to, owned vehicles, and hired and non-owned vehicles.
The Contractor shall maintain minimum limits of $1,000,000 per occurrence combined
single limit for bodily injury liability and property damage liability.
Professional Liability Insurance. The Contractor shall provide and maintain during the life
of the Contract, Professional Liability Insurance Coverage with a limit of $1,000,000.00.
Certificate of Insurance. Certificates of all insurance required from the Contractor shall
be subject to the City's approval of adequacy and protection. Certificates from the
insurance carrier stating the types of coverage provided, limits of liability, and expiration
dates, shall be filed with the City before operations are commenced. The required
certificates of insurance shall not only name the types of policies provided, but shall
name the City as an additional insured as its interests may appear, and shall provide that
the insurance shall not be canceled, limited or non-renewed until after thirty (30) days
written notice has been given to the City. The City shall require all insurance have
13
2.10
2.1 1
2.12
2.13
2.14
deductibles of no more than $2,500.00. In no case shall the City become responsible for
payment of such deductible.
The VendorlProposer by submitting a proposal agrees to indemnify and hold the City
harmless from any and all matters, claims, actions, lawsuits and other matters resulting
from the Vendors/Proposers its agents, licensee’s and invitee’s actions or inactions
whether, willful or wanton, gross negligent or negligent actions arising from this Proposal
as well as for any breach of agreement resulting from this proposal.
The Proposer shall also maintain such insurance reasonably requested from the City
from time to time.
CONTACT PERSON:
For any additional information regarding the specifications and requirement of this
Proposal, please submit any/all questions in writinq to: Arthur DeRostaing, 10500 N.
Military Trail, Palm Beach Gardens, Florida 3341 0, e-mail: aderostainq@pbqfl.com, or
facsimile: (561) 799-4134.
PROPOSAL CLARIFICATION:
Any questions or clarifications concerning this Proposal shall be submitted in writing by
mail or facsimile to the Arthur DeRostaing, 10500 N. Military Trail, Palm Beach Gardens,
Florida 33410, FAX: (561) 799-4134. The Proposal title/number shall be referenced on
all correspondence. All questions must be received no later than 3:OO p.m.
November 20, 2006. All responses to questions/clarifications will be sent to all
prospective proposers in the form of an addendum and broadcasted on
www.demandstar.com. NO QUESTIONS WILL BE RECEIVED VERBALLY OR
AFTER SAID DEADLINE.
REFERENCES:
Each Proposal must be accompanied by a list of four (4) client references, of prior
experience and similar work, which shall include contact person, telephone number and
facsimile number.
PROPOSAL SUBMITTAL:
All bids submitted shall include the completed Proposal Form, all required product
information, and any other items as indicated on the Proposal Form. Proposals will be
considered “Non-Responsive” if the required information is not submitted by the date and
time specified.
Before submitting a proposal, each Proposer shall make all investigations and
examinations necessary to ascertain if any addendum were issued by the Purchasing
Department.
PROPOSER QUALIFICATIONS:
In order for the Proposal to be considered, bidders must submit with their Proposal, evidence that
they are qualified to satisfactorily perform the specified work. Evidence shall include all
information necessary to certify that the Proposer:
maintains a permanent place of business,
has technical knowledge and practical experience in the type of equipment included in
this scope of work,
has available the organization, qualified manpower, and equipment to perform the work,
has adequate financial status to meet the financial obligations incident to the work, and
has performed projects of various types, sizes and complexity.
During the interview phase, evidence shall include (but not be limited to):
a list of graphic design projects, and
samples of prior work completed within the last five (5) years.
(Please note: any materials presented at the interview will not be retained by the City)
14
2.15
2.16
2.17
2.18
2.19
2.20
LATE PROPOSALS:
The City of Palm Beach Gardens cannot be responsible for proposals received after
opening time and encourages early submittal.
EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Proposal Form and shall reference
the section. Any exceptions to the General or Special Conditions shall be cause for the
Proposal to be considered non-responsive.
ACC EPTAN C E:
Delivery of printed material to the City of Palm Beach Gardens does not constitute
acceptance for the purpose of payment. Final acceptance and authorization of final
payment shall be given only after a thorough inspection and acceptance by the
requesting departments and all work must be in conformance with the specifications.
SAMPLES:
The Proposer shall provide at the interview a complete and accurate sample of their past
works completed within the past five years. Work samples or graphic art portfolios
presented will not be retained by the City of Palm Beach Gardens.
INSPECTION OF FACILITY:
The City of Palm Beach Gardens reserves the right to an on-site inspection of your
facility.
COMPLETE INFORMATION REQUIRED ON PROPOSAL FORM:
All Proposals must be submitted on the attached Proposal Form and all blanks filled in.
To be considered a valid offer, the ORIGINAL AND THREE COPIES of the Proposal
Form pages must be returned, properly completed, in a sealed envelope as outlined in
the first paragraph of the General Conditions.
Samples of work are NOT due with the RFP submittal. The selected/short listed graphic
designers will present for evaluation samples during the final selection phase. No
samples of work or graphic design portfolios will be retained by the City of Palm Beach
Gardens.
3.0 MINIMUM SPECIFICATIONS I SCOPE OF SERVICES:
3.1 PURPOSE:
The purpose of this RFP is to establish a qualified graphic design vendor list. The City is
accepting an unlimited number of proposals from qualified vendors. The City reserves the
riaht to accept or reject any or all proposals to form the Qualified Vendor List.
Inclusion on the Qualified Vendor List does not guarantee any amount of work and/or
revenue to each vendor. Examples of potential Graphic Services Work may be viewed at
the City Clerk’s Office prior to the Proposal submission deadline.
In special situations, a project may be more complicated than the intentions of the
specifications below. Vendors on the established list will have the right to refuse any work
offered if, in their belief, they cannot accomplish the work within their Proposal price. In
the special circumstance that all vendors refuse the project, then that specific project will
not be considered a qualified project under this Proposal.
The anticipated annual 200612007 budget that may be available for these contracts is
$45,000.00.
15
3.2
3.3
SCOPE OF WORK:
9 All Graphic Design services to be offered shall be for all labor, materials, and
equipment required in providing and delivering complete graphic services. Examples of
prior graphic design services involved post cards, brochures, magazines, and multi-part
forms. These printed publications varied in sizes that included one to four color
separations.
9 All original designs, photographs, artwork, paste-up, negatives and magnetic
media used in production of the graphics shall remain and/or become the property of the
City of Palm Beach Gardens. All graphics shall be delivered to the City in any format
requested at no additional cost.
9
successful Proposer(s) idare unable to perform within necessary time restraints.
The City reserves the right to contract outside services to other sources if the
9
to the graphic designer.
General Project Information will be provided on disk or via email in Word format
9 Proofs shall be delivered to the requesting department.
9 Proposer shall have the ability to edit the blue line if required.
9
resolution, composite PDF file(s), via FTP transfer, disk, or e-mail.
The City will supply any existing logos and/or artwork in image-ready, high-
9 Proposer shall have the ability to insert/edit their graphics if needed.
9 The successful Proposer shall maintain a high standard of quality work on all
jobs. The City reserves the right to refuse poor quality work. If more than 5% (quantity) of
the job is substandard, the Proposer will be required to reproduce the work at no
additional costs to the City.
> All work products shall be of original design.
9 The City of Palm Beach Gardens shall have all rights to reproduce any
designdgraphic images resulting from the Request for Proposal contract awards,
whether in its original, delivered format or modified format.
9 No reproductions or reprints, in whole or in part, shall be made from any
materials provided to the Contractor without the explicit written permission of the City of
Palm Beach Gardens.
9
under this contract award.
There will be no guaranteed minimum or maximum award on individual projects
SUBMITTAL REQUIREMENTS:
One original and three (3) copies of the proposal must be submitted by the required
deadline. Each proposal must include the following:
9 A minimum of four (4) client references.
h List of similar contracts.
> Equipment list.
9 A detailed schedule of graphic service fees and rates.
16
9
9
P
9
Copies of ProfessionallOccupational Licenses, Certifications, and/or Awards.
Sample certificate of insurance or proof of ability to obtain the required coverage.
All required RFP #2006-010 documents and forms.
Submit a letter of transmittal covering the following graphic design services:
Defining your scanning, editing, range of design work, desktop publishing,
photo scans, photo scan adjustment capabilities, color adjustments, and the
range of your stock photos (inventory / sources).
Explain your policy concerning expediting “turn-around’’ time; is your firm
capable of meeting short “turn-around’’ timelines?
Define your stock photos capability, professional market access, and the
specific “Photo Stock“ association membership(s).
Are you or your firm capable of providing any graphic format at any time?
What is the total number of current employees in your firm that will be utilized
for this contract?
Will your company need to hire additional permanent employees for this
con tract?
17
PROPOSAL SUBMITTAL FORM
To:
City Clerk
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
agrees to supply
(Vendor)
GRAPHIC DESIGN SERVICES as defined in this Proposal in accordance with the requirements of the
Specifications and Proposal Documents.
Gentlemen:
The undersigned Proposer has carefully examined the Specification requirements, Proposal/Contract
Documents 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 agrees to provide the Graphic Design Services called for by the Specifications and
Proposal Documents, in the manner prescribed therein and to the standards of quality and performance
established by the City for the unit Proposal price stated in the spaces herein provided.
The undersigned agrees the right of the City to hold all Proposals and Proposal guarantees for a period
not to exceed one hundred twenty (120) days after the date of Proposal opening stated in the Request
for Proposal.
The undersigned accepts the invoicing and payment policies.
Upon award of this Proposal the City and Contractor each binds himself, his partners, successors,
assigns and legal representatives to the other party hereto in respect to all covenants, agreements and
obligations contained in the Proposal Documents.
The Contractor, by signing the Proposal Submittal pages, acknowledges and agrees to abide by all the
terms, conditions and specifications contained in this Proposal Document.
All costs for materials, equipment, labor, etc. required to complete graphic services shall be included in
as quoted.
Siqnature Paqe to follow
18
Dated this day of I
(Month) (Year)
By: I
(Signature) (Print name)
Address:
Telephone: ( ) Fax: ( )
Social Security Number (OR) Taxpayer Identification Number (TIN):
By: I
(Signature) (Print name)
Address:
Telephone: ( ) Fax: ( )
Taxpayer Identification Number (TIN/EIN):
State Under Which Corporation Was Chartered:
Corporate President:
Corporate Secretary:
Corporate Treasurer:
(Print Name)
(Print Name)
(Print Name)
[CORPORATE SEAL]
Attest By:
Secretary
19
The following individuals are the designated contacts assigned to the City:
REGULAR WORK HOURS:
Name:
Address:
Telephone: ( )
AFTER WORK HOURS, WEEKEND & HOLIDAYS:
Name:
Address:
Telephone: ( )
20
CLIENT REFERENCES
As specified in the Special Conditions, Section 2.12 of this RFP Document, Proposers are to
supply a minimum of four (4) references of similar work. (Additional references may be submitted
on a separate sheet)
COMPANY NAME, ADDRESS, CITY, STATE, ZIP
PHONE & FAX NUMBER
Company Name:
Services Provided:
Address:
Contact Name:
Phone: Fax:
Company Name:
Services Provided:
Address:
Contact Name:
Phone: Fax:
Company Name:
Services Provided:
Address:
Contact Name:
Phone: Fax:
Company Name:
Service Provided:
Address:
Phone: Fax:
Contact Name:
I
21
DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more qualifications which are equal with respect to price, quality, and service are received by
the City for the procurement of GRAPHIC DESIGN SERVICES, a qualification received from a
business that certifies that it has implemented a drug-free workplace program shall be given
preference in the award process. Established procedures for processing tie qualifications will be
followed if none of the tied vendors have a drug-free workplace program. In order to have a
drug-free workplace program, a business shall:
1.
2.
3.
4.
5.
6.
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 dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
Give each employee engaged in providing these GRAPHIC DESIGN SERVICES that
are part of this RFP a copy of the statement specified in subsection (1).
In the statement specified in subsection (I), notify the employees that, as a condition of
working on the GRAPHIC DESIGN SERVICES that are under the RFQ submittal, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of
any controlled substance law of the United States or any state, for a violation occurring
in the workplace no later than five (5) days after such conviction.
Impose a sanction on or require the satisfactory participation in a drug abuse assistance
or rehabilitation program, if such is available in the employee's community, by any
employee who is so convicted.
Make a good-faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Company Name:
Signature:
Print Name:
E-mail Address:
Phone I Fax #:
22
YES- NO- 1.
YES- NO- 2.
YES- NO- 3.
YES- NO- 4.
YES- NO- 5.
YES- NO- 6.
YES- NO- 7.
YES- NO- 8.
YES-NO- 9.
PROPOSAL CHECK LIST
Copy of Professional/Occupational Licenses, Certifications and Awards
Sample of Certificate of Insurance or proof of ability to obtain insurance
Detailed Schedule of Graphic Service Fees / Rates
Proposal signed by authorized representative
Vendor Representative Contact information
Client References with Phone & Fax Numbers
List of Similar Contracts
Drug-free Work Place Form
Review and signed related addenda
YES - NO- 10. Review sample agreement
YES- NO- 11. Proposal prepared in one (1) original and three (3) copies
Please note: Blank spaces in the Proposal Submittal form must be filled in, and no change shall
be made either in the phraseology of or in the items mentioned. Vendors must complete all
sections of this Proposal. Sections will not be subdivided for award. Any Proposal containing a
“NO PROPOSAL” in any portion of a section will not be considered for that section award.
23
STANDARD PROCUREMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a municipal corporation (hereinafter referred to as “City”),
and ,a corporation, (hereinafter referred
to as “Vendor”).
RECITALS:
WHEREAS, the City desires to purchase or retain
the Vendor to provide graphic design services in accorda
NOW, THEREFORE, in consideration of
herein and other good and valuable consi
of which the parties agree as follows:
ARTICLE 1.
incorporate the terms, c et forth in the City’s Request for
Proposal for graphic , RFP Number
chever the case may be, and the
documentation re
. The parties hereto acknowledge that the City reserves the
n, to change the Scope of the RFP herein via a written
The Vendor recognizes that time is of the essence. If the Vendor fails to timely perform
in accordance with the RFP within the time provided for herein and in the RFP, then
such failure shall be cause for default, and the City shall be entitled to seek all damages
as are provided in law and/or equity.
ARTICLE 3. COMPENSATION
The parties hereto agree that the Agreement covers compensation that is invoiced at
scheduled unit pricinghates as provided for in accordance with the RFP. Nothing herein,
however, shall prevent the City from seeking a budget amendment and modification to
this Agreement should it require additional sums of money or a modification to the
Agreement. However, all purchases shall be done in accordance with the City's
The effective date of this Agreement shall be
The initial term of this Agreement shall be for a p
for contract extensions for four (4) additional one
herein. The City reserves the right t
maximum period not to exceed ninety
departments with continual
solicited, evaluated, and/or a
Invoices
awarded to a Proposer have been
llation will occur if funds are not available
A.
Payment will b
received, inspe
to cover the cos
of appropriated
defect, and pro ct I
's obligation is contingent upon the availability
are awarded.
ice in accordance with the RFP, and if there is no mention
nce with the Florida Prompt Payment Act, (F.S. 218.70 et.
seq.). Unpaid invoic
ARTICLE 6.
hall bear interest as provided for in the Act.
"~~
The Vendor shall maintain all insurance requirements as more particularly provided for
in the Specifications of the RFP. However, if no insurance has been provided for in the
Specifications of the RFP, then the Vendor shall maintain general liability insurance,
workers' compensation insurance, business automobile liability insurance (owned
vehicles and non-owned vehicles), and such other insurance requested by the City's
Risk Management Department and with such limits of insurance and deductibles as the
Department deems necessary as it relates to this Agreement and the RFP. Prior to
2
commencing any work or providing such commodities, goods, or services required in
the RFP, the Vendor shall provide to the City proof of such insurance coverage that the
City has requested.
ARTICLE 7. BONDS OR SURETY
The City may require the Vendor to provide payment and performance bonds for such
the City and shall be in conformance with Section 255.05,
andlor services shall be performed purs
including any products, work, goods,
subcontractor or agent of the Ven
above services shall be free from
Vendor warrants the merchantabi
services for the City’s intended
agrees to warrant the p
from the date of accept
payment, whichever is
or’dContractor’s response thereto. The
City a representative of the Vendor who
shall be the cont
claim or lawsuit is brought against the City, its officers,
nts relating to or arising out of the RFP, this Agreement,
nts’ or subcontractors’ performance under this Agreement,
r agents and to defend said persons from any such claims,
liabilities, causes of action, and judgments of any type whatsoever. In addition to the
above, the Vendor agrees to indemnify and hold harmless the City, its officers, agents,
and employees from any and all liability, damages, losses, suits, actions, claims, and/or
matters, including costs and reasonable attorney’s fees, to the extent caused by the
negligence, gross negligence, or intentionally wrongful conduct of the Vendor and any
other persons or entities employed or utilized by the Vendor in performance of this
Agreement and RFP as it relates to the City.
3
ARTICLE IO. COMPLIANCE
In performance of its obligations hereunder and in accordance with the RFP, the Vendor
agrees to comply with all applicable laws, rules, regulations, orders, codes, guidelines,
criteria, and standards, whether state or federal.
ARTICLE 11. USE OF SUBCONTRACTORS
acceptance of the new subcontractor by the City Manager o
ARTICLE 12. TAX EXEMPTION
The parties hereto understand that the
RFP or this Agreement.
ARTICLE 13. TERMINATION
This Agreement may be r without cause, upon providing
written notice to the Ven terminated by the Vendor upon
thirty (30) days’ prior writ on such termination by the City, the
VendorlContractor shall cts, work, goods, commodities, or
Vendor shall be considered to be in default of this Agreement
or failure of performance shall be due to uncontrollable forces,
y the exercise of reasonable diligence the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event that results in
the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, floods, earthquakes, storms, lighting, epidemic, war,
riots, civil disturbances, sabotage, and governmental actions.
4
ARTICLE 15. WAIVER
A waiver by either the City or the Vendor of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party’s right with respect to any other
or further breach. The making or acceptance by either party with knowledge of the
existence of a default or breach shall not operate or be construed to operate as a waiver
or any subsequent default or breach. Further, a written waiva in part shall not
constitute a waiver of any other part of this Agreement.
ARTICLE 16. SEVERABILITY
The invalidity, illegality, or unenforceability of any provisio
occurrence of an
in no way affect the validity or enforceability of
balance of the Agreement shall be const
that comes as c
this section sha
which is of the
ARTICLE 17. NOTICE
equired or permitted hereunder shall
be in writing and t by certified mail, postage prepaid or by
overnight expres I Express with confirmatory delivery as
ive when received at the address as specified above. Changes in
Attn:
respective addresses to which such notice is to be directed may be made from time to
time by either party by written notice to the other party. Facsimile transmission is
acceptable notice effective when received; however, facsimile transmission received
(i.e., printed) after 5 p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed or sent as
provided above.
5
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between the parties hereto.
ARTICLE 18. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
parties hereto with respect to the subject matter contained herein.
ARTICLE 19. BINDING EFFECT
This Agreement is binding upon the parties hereto, their
successors, and assigns.
ARTICLE 20. ASSIGNABILITY
this Agreement.
ARTICLE 21.
modifications shall be in the form
ARTICLE 22.
the terms and conditions as contained in
ARTICLE 23. GOT~NII
hereby waives whatc&@r its respective rights may have been in the selection of venue.
ARTICLE 2 RUCTION
The parties hereto agree that this Agreement shall not be construed against the party
who drafted the same as all parties have had legal and business experts to review the
adequacy of the same.
6
ARTICLE 25. ATTORNEY'S FEES
It is hereby understood and agreed that in the event any lawsuit in the judicial system,
federal or state, is brought to enforce compliance with this Agreement or interpret the
same, or if any other proceeding is brought for the same purpose, the non-prevailing
party shall be required to pay the prevailing party's reasonable attorney's fees and
costs, including appellate fees and costs.
ARTICLE 26. EQUAL OPPORTUNITY
race, color,
, or age be
The City and the Vendor agree that no person shall, on
gender, national origin, ancestry, material status, disabilit)
discriminated against in the performance of this Agreement.
ARTICLE 27. HEADINGS
The headings contained in this Agreement
shall not limit or otherwise affec
Agreement.
ARTICLE 28. EFFECTIVE DATE
The effective date of this Agreem
both Darties hereto.
the date it has been executed by
W"
left in ten tional I y blank)
7
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of ,2006
ATTEST:
CITY:
CITY OF PALM BE
municipal corporati
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
,2006.
Printed Name:
G:\attorney-shareMGREEMENTS\Sample-Graphic Design Services Agreement-template bh 102606.doc
8
Date Prepared: January 8, 2007
Resolution 25, 2007
EXHIBIT “B”
GRAPHIC DESIGN SERVICES - QUALIFIED VENDOR LIST
PROCUREMENTAGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a municipal corporation (hereinafter referred to as “City”), and Tara
Biek Creative, LLC, a Florida limited liability corporation (hereinafter referred to as
“Vendor”).
RECITALS:
WHEREAS, the City desires to purchase or retain the services and/or products of
the Vendor in order to provide graphic design services in accordance with the City’s
Request for Proposal dated November 2, 2006, RFP Number 2006-010, and the
Vendor’s response thereto, all of which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein and other good and valuable consideration as listed on RFP Number 2006-010
of which the parties agree as follows:
ARTICLE 1. INCORPORATION OF RFP
The terms, conditions, and specifications of this Agreement shall include and
incorporate the terms, conditions, and specifications set forth in the City’s Request for
Proposal for graphic design services dated November 2, 2006, RFP Number 2006-010
(hereinafter called “RFP”), whichever the case may be, and the Vendor’s Response to
the RFP, whichever the case may be, including all documentation required hereunder.
ARTICLE 2. SCOPE OF SERVICES
The Vendor shall perform and deliver those services, goods, and/or commodities
identified in the specifications in the City’s RFP and the Vendor’s/Contractor’s response
thereto, all of which are incorporated herein by reference. The Vendor agrees to abide
by the terms and conditions of the RFP in strict conformance with the same and
pursuant to this Agreement. The parties hereto acknowledge that the City reserves the
right, but not the obligation, to change the Scope of the RFP herein via a written
modification to this Agreement.
The Vendor recognizes that time is of the essence. If the Vendor fails to timely perform
in accordance with the RFP within the time provided for herein and in the RFP, then
such failure shall be cause for default, and the City shall be entitled to seek all damages
as are provided in law and/or equity.
ARTICLE 3. COMPENSATION
The parties hereto agree that the Agreement covers compensation that is invoiced at
scheduled unit pricinghates as provided for in accordance with the RFP. Nothing
herein, however, shall prevent the City from seeking a budget amendment and
modification to this Agreement should it require additional sums of money or a
modification to the Agreement. However, all purchases shall be done in accordance
with the City’s Purchasing and Procurement policies and procedures and ordinances
related thereto.
ARTICLE 4. TERM OF AGREEMENT AND EFFECTIVE DATE
The effective date of this Agreement shall be in accordance with Section 2.2 of the RFP.
The initial term of this Agreement shall be for a period of two (2) years with the options
for contract extensions for four (4) additional one (1) year renewal terms, subject to the
mutual consent of the City and the Vendor, unless otherwise terminated as provided
herein. The City reserves the right to automatically extend any agreement for a
maximum period not to exceed ninety (90) calendar days in order to provide City
departments with continual service and supplies while a new agreement is being
solicited, evaluated, and/or awarded.
ARTICLE 5. INVOICES AND PAYMENT
A. Invoices
Payment will be made by the City after the items awarded to the Vendor have been
received, inspected, and found to comply with award specifications, free of damage or
defect, and properly invoiced. Contract cancellation will occur if funds are not available
to cover the cost of the services. The City’s obligation is contingent upon the availability
of appropriated funds before specific jobs are awarded.
B. Payment
The City shall pay each invoice in accordance with the RFP, and if there is no mention
of payment, then in accordance with the Florida Prompt Payment Act (F.S. 218.70 et.
seq.). Unpaid invoices shall bear interest as provided for in the Act.
ARTICLE 6. INSURANCE
The Vendor shall maintain all insurance requirements as more particularly provided for
in the Specifications of the RFP. However, if no insurance has been provided for in the
Specifications of the RFP, then the Vendor shall maintain general liability insurance,
workers’ compensation insurance, business automobile liability insurance (owned
vehicles and non-owned vehicles), and such other insurance requested by the City’s
Risk Management Department and with such limits of insurance and deductibles as the
2
Department deems necessary as it relates to this Agreement and the RFP. Prior to
commencing any work or providing such commodities, goods, or services required in
the RFP, the Vendor shall provide to the City proof of such insurance coverage that the
City has requested.
ARTICLE 7. BONDS OR SURETY
The City may require the Vendor to provide payment and performance bonds for such
RFP if not already provided for in the Specifications. Should the City require such
bonds, it shall notify the Vendor prior to commencement of any work required in the
RFP or herein, and no work shall commence until the City has received and approved
such bonds. The amount of such bonds and the form of such shall be determined by
the City and shall be in conformance with Section 255.05, Florida Statutes, if applicable.
ARTICLE 8. CONTRACT PRODUCTSy WORK. GOODS, AND SERVICES
The Vendor agrees, warrants, covenants, and represents that all products, work, goods,
and/or services shall be performed pursuant to the terms and conditions of the RFP,
including any products, work, goods, and/or services done or performed by any
subcontractor or agent of the Vendor/Contractor. Further, the Vendor warrants that the
above services shall be free from all defects and done in a workmanlike manner. The
Vendor warrants the merchantability and fitness of the products, work, goods, and/or
services for the City’s intended purposes as provided for in the RFP. The Vendor
agrees to warrant the products, work, goods, and/or services for a period of one (1) year
from the date of acceptance of the products, work, goods, or services by the City or final
payment, whichever is later. The Vendor agrees to supply to the City adequate
personnel, goods, commodities, and/or services to provide timely completion of all
matters provided for in the RFP and the Vendor’s/Contractor’s response thereto. The
Vendor agrees, in writing, to designate to the City a representative of the Vendor who
shall be the contact person for this RFP.
ARTICLE 9. INDEMNIFICATION
The Vendor recognizes that it is an independent contractor and not an agent or servant
of the City. In the event a claim or lawsuit is brought against the City, its officers,
employees, servants, or agents relating to or arising out of the RFP, this Agreement,
and the Vendor’s or its agents’ or subcontractors’ performance under this Agreement,
the Vendor hereby agrees to indemnify, save, and hold harmless the City, its officers,
employees, servants, or agents and to defend said persons from any such claims,
liabilities, causes of action, and judgments of any type whatsoever. In addition to the
above, the Vendor agrees to indemnify and hold harmless the City, its officers, agents,
and employees from any and all liability, damages, losses, suits, actions, claims, and/or
matters, including costs and reasonable attorney’s fees, to the extent caused by the
negligence, gross negligence, or intentionally wrongful conduct of the Vendor and any
other persons or entities employed or utilized by the Vendor in performance of this
Agreement and RFP as it relates to the City.
3
ARTICLE IO. COMPLIANCE
In performance of its obligations hereunder and in accordance with the RFP, the Vendor
agrees to comply with all applicable laws, rules, regulations, orders, codes, guidelines,
criteria, and standards, whether state or federal.
ARTICLE 11. USE OF SUBCONTRACTORS
The City reserves the right to accept the use of a subcontractor or to reject the selection
of a particular subcontractor. If a subcontractor fails to perform as required in the RFP
and response thereto or this Agreement and it is necessary to replace the subcontractor
in order to provide the services as required, the Vendor shall promptly do so, subject to
acceptance of the new subcontractor by the City Manager or hidher designee.
ARTICLE 12. TAX EXEMPTION
The parties hereto understand that the City is a tax-exempt organization, and nothing
herein, however, shall exempt the Vendor from paying all of its taxes as a result of the
RFP or this Agreement.
ARTICLE 13. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon providing
written notice to the Vendor. This Agreement may be terminated by the Vendor upon
thirty (30) days’ prior written notice to the City. Upon such termination by the City, the
Vendor/Contractor shall be paid for such products, work, goods, commodities, or
services rendered to the City’s satisfaction up to the date of termination. If this
Agreement is terminated by the City, the Vendor waives any claim for damages from
such termination, including, but not limited to, loss of anticipated profits. Unless the
Vendor is in default or breach of this Agreement and the RFP, the City shall pay the
Vendor for services rendered up to the date of termination in accordance with this
Agreement and the RFP.
ARTICLE 14. UNCONTROLLABLE FORCES
Neither the City nor the Vendor shall be considered to be in default of this Agreement
and the RFP if delay in or failure of performance shall be due to uncontrollable forces,
the effect of which by the exercise of reasonable diligence the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event that results in
the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, floods, earthquakes, storms, lighting, epidemic, war,
riots, civil disturbances, sabotage, and governmental actions.
4
ARTICLE 15. WAIVER
A waiver by either the City or the Vendor of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party’s right with respect to any other
or further breach. The making or acceptance by either party with knowledge of the
existence of a default or breach shall not operate or be construed to operate as a waiver
or any subsequent default or breach. Further, a written waiver in part shall not
constitute a waiver of any other part of this Agreement.
ARTICLE 16. SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties hereto further
agree to reform the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision. The provisions of
this section shall not prevent the entire Agreement from being void should a provision,
which is of the essence of the Agreement, be determined void.
ARTICLE 17. NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid or by
overnight express service such as Federal Express with confirmatory delivery as
follows:
AS TO CITY: AS TO VENDOR:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Tara Biek Creative, LLC
51 SW Flagler Avenue
Stuart, Florida 33994
Attn: Tara Biek
Notice shall be effective when received at the address as specified above. Changes in
respective addresses to which such notice is to be directed may be made from time to
time by either party by written notice to the other party. Facsimile transmission is
acceptable notice effective when received; however, facsimile transmission received
(i.e., printed) after 5 p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed or sent as
provided above.
5
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between the parties hereto.
ARTICLE 18. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
parties hereto with respect to the subject matter contained herein.
ARTICLE 19. BINDING EFFECT
This Agreement is binding upon the parties hereto, their heirs, legal representatives,
successors, and assigns.
ARTICLE 20. ASSIGNABILITY
This Agreement may not be assigned without the prior written consent of all parties to
this Agreement.
ARTICLE 21. MODIFICATIONS TO AGREEMENT
This Agreement may not be modified unless such modifications are evidenced in
writing, signed by both the City and the Vendor. Such modifications shall be in the form
of a written amendment executed by both parties hereto.
ARTICLE 22. RENEWAL
The RFP may be renewed in accordance with the terms and conditions as contained in
Section 2.2 of the RFP.
ARTICLE 23. GOVERNING LAW AND VENUE
This Agreement and all transactions contemplated by this Agreement shall be governed
by, and construed and enforced in accordance with, the laws of the State of Florida
without regard to any contrary conflicts of law principle. Venue of all proceedings in
connection herewith shall lie exclusively in Palm Beach County, Florida, and each party
hereby waives whatever its respective rights may have been in the selection of venue.
ARTICLE 24. CONSTRUCTION
The parties hereto agree that this Agreement shall not be construed against the party
who drafted the same as all parties have had legal and business experts to review the
adequacy of the same.
6
ARTICLE 25. ATTORNEY’S FEES
It is hereby understood and agreed that in the event any lawsuit in the judicial system,
federal or state, is brought to enforce compliance with this Agreement or interpret the
same, or if any other proceeding is brought for the same purpose, the non-prevailing
party shall be required to pay the prevailing party’s reasonable attorney’s fees and
costs, including appellate fees and costs.
ARTICLE 26. EQUAL OPPORTUNITY
The City and the Vendor agree that no person shall, on the grounds of race, color,
gender, national origin, ancestry, marital status, disability, religion, creed, or age be
discriminated against in the performance of this Agreement.
ARTICLE 27. HEADINGS
The headings contained in this Agreement are for convenience of reference only and
shall not limit or otherwise affect in any way the meaning or interpretation of this
Agreement.
ARTICLE 28. EFFECTIVE DATE
The effective date of this Agreement shall be as of the date it has been executed by
both parties hereto.
(The remainder of this page left intentionally blank)
7
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of , 2007.
CITY:
ATTEST: CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
[SEAL]
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: I
CKstine P. Tatum, City Attorney
Executed by the Vendor this 5 day of &fW.%$ , 2007.
VENDOR:
TARA BlEK CREATIVE, LLC, a Florida limited
liability cm&q~,
By: '7J 1 /
WlTN ESS: 7
Glattorney-shareWGREEMENTS\Graphic Design Services Agreement- Tara Biek Creative.doc
8
GRAPHIC DESIGN SERVICES - QUALIFIED VENDOR LIST
PROCUREMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a municipal corporation (hereinafter referred to as “City”), and Caren
Hackman, Inc., a Florida corporation (hereinafter referred to as ‘Vendor”).
RECITALS:
WHEREAS, the City desires to purchase or retain the services and/or products of
the Vendor in order to provide graphic design services in accordance with the City’s
Request for Proposal dated November 2, 2006, RFP Number 2006-010, and the
Vendor’s response thereto, all of which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein and other good and valuable consideration as listed on RFP Number 2006-010
of which the parties agree as follows:
ARTICLE 1. INCORPORATION OF RFP
The terms, conditions, and specifications of this Agreement shall include and
incorporate the terms, conditions, and specifications set forth in the City’s Request for
Proposal for graphic design services dated November 2, 2006, RFP Number 2006-010
(hereinafter called “RFP”), whichever the case may be, and the Vendor’s Response to
the RFP, whichever the case may be, including all documentation required hereunder.
ARTICLE 2. SCOPE OF SERVICES
The Vendor shall perform and deliver those services, goods, and/or commodities
identified in the specifications in the City’s RFP and the Vendor’s/Contractor’s response
thereto, all of which are incorporated herein by reference. The Vendor agrees to abide
by the terms and conditions of the RFP in strict conformance with the same and
pursuant to this Agreement. The parties hereto acknowledge that the City reserves the
right, but not the obligation, to change the Scope of the RFP herein via a written
modification to this Agreement.
The Vendor recognizes that time is of the essence. If the Vendor fails to timely perform
in accordance with the RFP within the time provided for herein and in the RFP, then
such failure shall be cause for default, and the City shall be entitled to seek all damages
as are provided in law and/or equity.
ARTICLE 3. COMPENSATION
The parties hereto agree that the Agreement covers compensation that is invoiced at
scheduled unit pricinglrates as provided for in accordance with the RFP. Nothing
herein, however, shall prevent the City from seeking a budget amendment and
modification to this Agreement should it require additional sums of money or a
modification to the Agreement. However, all purchases shall be done in accordance
with the City’s Purchasing and Procurement policies and procedures and ordinances
related thereto.
ARTICLE 4. TERM OF AGREEMENT AND EFFECTIVE DATE
The effective date of this Agreement shall be in accordance with Section 2.2 of the RFP.
The initial term of this Agreement shall be for a period of two (2) years with the options
for contract extensions for four (4) additional one (1) year renewal terms, subject to the
mutual consent of the City and the Vendor, unless otherwise terminated as provided
herein. The City reserves the right to automatically extend any agreement for a
maximum period not to exceed ninety (90) calendar days in order to provide City
departments with continual service and supplies while a new agreement is being
solicited, evaluated, and/or awarded.
ARTICLE 5. INVOICES AND PAYMENT
A. Invoices
Payment will be made by the City after the items awarded to a Vendor have been
received, inspected, and found to comply with award specifications, free of damage or
defect, and properly invoiced. Contract cancellation will occur if funds are not available
to cover the cost of the services. The City’s obligation is contingent upon the availability
of appropriated funds before specific jobs are awarded.
B. Pavment
The City shall pay each invoice in accordance with the RFP, and if there is no mention
of payment, then in accordance with the Florida Prompt Payment Act (F.S. 218.70 et.
seq.). Unpaid invoices shall bear interest as provided for in the Act.
ARTICLE 6. INSURANCE
The Vendor shall maintain all insurance requirements as more particularly provided for
in the Specifications of the RFP. However, if no insurance has been provided for in the
Specifications of the RFP, then the Vendor shall maintain general liability insurance,
workers’ compensation insurance, business automobile liability insurance (owned
vehicles and non-owned vehicles), and such other insurance requested by the City’s
Risk Management Department and with such limits of insurance and deductibles as the
2
Department deems necessary as it relates to this Agreement and the RFP. Prior to
commencing any work or providing such commodities, goods, or services required in
the RFP, the Vendor shall provide to the City proof of such insurance coverage that the
City has requested.
ARTICLE 7. BONDS OR SURETY
The City may require the Vendor to provide payment and performance bonds for such
RFP if not already provided for in the Specifications. Should the City require such
bonds, it shall notify the Vendor prior to commencement of any work required in the
RFP or herein, and no work shall commence until the City has received and approved
such bonds. The amount of such bonds and the form of such shall be determined by
the City and shall be in conformance with Section 255.05, Florida Statutes, if applicable.
ARTICLE 8. CONTRACT PRODUCTS, WORK, GOODS, AND SERVICES
The Vendor agrees, warrants, covenants, and represents that all products, work, goods,
and/or services shall be performed pursuant to the terms and conditions of the RFP,
including any products, work, goods, and/or services done or performed by any
subcontractor or agent of the Vendor/Contractor. Further, the Vendor warrants that the
above services shall be free from all defects and done in a workmanlike manner. The
Vendor warrants the merchantability and fitness of the products, work, goods, and/or
services for the City’s intended purposes as provided for in the RFP. The Vendor
agrees to warrant the products, work, goods, and/or services for a period of one (1) year
from the date of acceptance of the products, work, goods, or services by the City or final
payment, whichever is later. The Vendor agrees to supply to the City adequate
personnel, goods, commodities, and/or services to provide timely completion of all
matters provided for in the RFP and the Vendor’s/Contractor’s response thereto. The
Vendor agrees, in writing, to designate to the City a representative of the Vendor who
shall be the contact person for this RFP.
ART1 C L E 9. I N D E M N I F I CAT IO N
The Vendor recognizes that it is an independent contractor and not an agent or servant
of the City. In the event a claim or lawsuit is brought against the City, its officers,
employees, servants, or agents relating to or arising out of the RFP, this Agreement,
and the Vendor’s or its agents’ or subcontractors’ performance under this Agreement,
the Vendor hereby agrees to indemnify, save, and hold harmless the City, its officers,
employees, servants, or agents and to defend said persons from any such claims,
liabilities, causes of action, and judgments of any type whatsoever. In addition to the
above, the Vendor agrees to indemnify and hold harmless the City, its officers, agents,
and employees from any and all liability, damages, losses, suits, actions, claims, and/or
matters, including costs and reasonable attorney’s fees, to the extent caused by the
negligence, gross negligence, or intentionally wrongful conduct of the Vendor and any
other persons or entities employed or utilized by the Vendor in performance of this
Agreement and RFP as it relates to the City.
3
ARTICLE IO. COMPLIANCE
In performance of its obligations hereunder and in accordance with the RFP, the Vendor
agrees to comply with all applicable laws, rules, regulations, orders, codes, guidelines,
criteria, and standards, whether state or federal.
ARTICLE 11. USE OF SUBCONTRACTORS
The City reserves the right to accept the use of a subcontractor or to reject the selection
of a particular subcontractor. If a subcontractor fails to perform as required in the RFP
and response thereto or this Agreement and it is necessary to replace the subcontractor
in order to provide the services as required, the Vendor shall promptly do so, subject to
acceptance of the new subcontractor by the City Manager or hidher designee.
ARTICLE 12. TAX EXEMPTION
The parties hereto understand that the City is a tax-exempt organization, and nothing
herein, however, shall exempt the Vendor from paying all of its taxes as a result of the
RFP or this Agreement.
ARTICLE 13. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon providing
written notice to the Vendor. This Agreement may be terminated by the Vendor upon
thirty (30) days’ prior written notice to the City. Upon such termination by the City, the
Vendor/Contractor shall be paid for such products, work, goods, commodities, or
services rendered to the City’s satisfaction up to the date of termination. If this
Agreement is terminated by the City, the Vendor waives any claim for damages from
such termination, including, but not limited to, loss of anticipated profits. Unless the
Vendor is in default or breach of this Agreement and the RFP, the City shall pay the
Vendor for services rendered up to the date of termination in accordance with this
Agreement and the RFP.
ARTICLE 14. UNCONTROLLABLE FORCES
Neither the City nor the Vendor shall be considered to be in default of this Agreement
and the RFP if delay in or failure of performance shall be due to uncontrollable forces,
the effect of which by the exercise of reasonable diligence the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event that results in
the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, floods, earthquakes, storms, lighting, epidemic, war,
riots, civil disturbances, sabotage, and governmental actions.
4
ARTICLE 15. WAIVER
A waiver by either the City or the Vendor of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party’s right with respect to any other
or further breach. The making or acceptance by either party with knowledge of the
existence of a default or breach shall not operate or be construed to operate as a waiver
or any subsequent default or breach. Further, a written waiver in part shall not
constitute a waiver of any other part of this Agreement.
ARTICLE 16. SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties hereto further
agree to reform the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision. The provisions of
this section shall not prevent the entire Agreement from being void should a provision,
which is of the essence of the Agreement, be determined void.
ARTICLE 17. NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid or by
overnight express service such as Federal Express with confirmatory delivery as
fol I ows :
AS TO CITY: AS TO VENDOR:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
Attn: City Manager
Caren Hackman, Inc.
4305 Hickory Drive
Palm Beach Gardens, Florida 3341 8
Attn: Caren Hackman, President
Notice shall be effective when received at the address as specified above. Changes in
respective addresses to which such notice is to be directed may be made from time to
time by either party by written notice to the other party. Facsimile transmission is
acceptable notice effective when received; however, facsimile transmission received
(i.e., printed) after 5 p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed or sent as
provided above.
5
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between the parties hereto.
ARTICLE 18. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
parties hereto with respect to the subject matter contained herein.
ARTICLE 19. BINDING EFFECT
This Agreement is binding upon the parties hereto, their heirs, legal representatives,
successors, and assigns.
ARTICLE 20. ASSIGNABILITY
This Agreement may not be assigned without the prior written consent of all parties to
this Agreement.
ARTICLE 21. MODIFICATIONS TO AGREEMENT
This Agreement may not be modified unless such modifications are evidenced in
writing, signed by both the City and the Vendor. Such modifications shall be in the form
of a written amendment executed by both parties hereto.
ARTICLE 22. RENEWAL
The RFP may be renewed in accordance with the terms and conditions as contained in
Section 2.2 of the RFP.
ARTICLE 23. GOVERNING LAW AND VENUE
This Agreement and all transactions contemplated by this Agreement shall be governed
by, and construed and enforced in accordance with, the laws of the State of Florida
without regard to any contrary conflicts of law principle. Venue of all proceedings in
connection herewith shall lie exclusively in Palm Beach County, Florida, and each party
hereby waives whatever its respective rights may have been in the selection of venue.
ARTICLE 24. CONSTRUCTION
The parties hereto agree that this Agreement shall not be construed against the party
who drafted the same as all parties have had legal and business experts to review the
adequacy of the same.
6
ARTICLE 25. ATTORNEY’S FEES
It is hereby understood and agreed that in the event any lawsuit in the judicial system,
federal or state, is brought to enforce compliance with this Agreement or interpret the
same, or if any other proceeding is brought for the same purpose, the non-prevailing
party shall be required to pay the prevailing party’s reasonable attorney’s fees and
costs, including appellate fees and costs.
ARTICLE 26. EQUAL OPPORTUNITY
The City and the Vendor agree that no person shall, on the grounds of race, color,
gender, national origin, ancestry, marital status, disability, religion, creed, or age be
discriminated against in the performance of this Agreement.
ARTICLE 27. HEADINGS
The headings contained in this Agreement are for convenience of reference only and
shall not limit or otherwise affect in any way the meaning or interpretation of this
Agreement.
ARTICLE 28. EFFECTIVE DATE
The effective date of this Agreement shall be as of the date it has been executed by
both parties hereto.
(The remainder of this page left intentionally blank)
7
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of ,2007
CITY:
ATTEST: CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
[SEAL]
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY /
By: A- p<&
QJ. -
mristine P. Tatum, City Attorney
Executed by the Vendor this 3 day of (A ,2007.
VENDOR:
CAREN HACKMAN, INC.
WITNESS:
By:
Printed Name:
G:\attorney-share\AGREEMENTS\Graphic Design Services Agreement- Caren Hackman.doc
8
GRAPHIC DESIGN SERVICES - QUALIFIED VENDOR LIST
PROCUREMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a municipal corporation (hereinafter referred to as “City”)l and Palm
Beach Media Associates, Inc., a Florida corporation (hereinafter referred to as
“Vendor” ) .
RECITALS :
WHEREAS, the City desires to purchase or retain the services and/or products of
the Vendor in order to provide graphic design services in accordance with the City’s
Request for Proposal dated November 2, 2006, RFP Number 2006-010, and the
Vendor’s response thereto, all of which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein and other good and valuable consideration as listed on RFP Number 2006-010
of which the parties agree as follows:
ARTICLE 1. INCORPORATION OF RFP
The terms, conditions, and specifications of this Agreement shall include and
incorporate the terms, conditions, and specifications set forth in the City’s Request for
Proposal for graphic design services dated November 2, 2006, RFP Number 2006-010
(hereinafter called “RFP”), whichever the case may be, and the Vendor’s Response to
the RFP, whichever the case may be, including all documentation required hereunder.
ARTICLE 2. SCOPE OF SERVICES
The Vendor shall perform and deliver those services, goods, and/or commodities
identified in the specifications in the City’s RFP and the Vendor’s/Contractor’s response
thereto, all of which are incorporated herein by reference. The Vendor agrees to abide
by the terms and conditions of the RFP in strict conformance with the same and
pursuant to this Agreement. The parties hereto acknowledge that the City reserves the
right, but not the obligation, to change the Scope of the RFP herein via a written
modification to this Agreement.
The Vendor recognizes that time is of the essence. If the Vendor fails to timely perform
in accordance with the RFP within the time provided for herein and in the RFP, then
such failure shall be cause for default, and the City shall be entitled to seek all damages
as are provided in law and/or equity.
ARTICLE 3. COMPENSATION
The parties hereto agree that the Agreement covers compensation that is invoiced at
scheduled unit pricinglrates as provided for in accordance with the RFP. Nothing
herein, however, shall prevent the City from seeking a budget amendment and
modification to this Agreement should it require additional sums of money or a
modification to the Agreement. However, all purchases shall be done in accordance
with the City’s Purchasing and Procurement policies and procedures and ordinances
related thereto.
ARTICLE 4. TERM OF AGREEMENT AND EFFECTIVE DATE
The effective date of this Agreement shall be in accordance with Section 2.2 of the RFP.
The initial term of this Agreement shall be for a period of two (2) years with the options
for contract extensions for four (4) additional one (1) year renewal terms, subject to the
mutual consent of the City and the Vendor, unless otherwise terminated as provided
herein. The City reserves the right to automatically extend any agreement for a
maximum period not to exceed ninety (90) calendar days in order to provide City
departments with continual service and supplies while a new agreement is being
solicited, evaluated, and/or awarded.
ARTICLE 5. INVOICES AND PAYMENT
A. Invoices
Payment will be made by the City after the items awarded to the Vendor have been
received, inspected, and found to comply with award specifications, free of damage or
defect, and properly invoiced. Contract cancellation will occur if funds are not available
to cover the cost of the services. The City’s obligation is contingent upon the availability
of appropriated funds before specific jobs are awarded.
B. Payment
The City shall pay each invoice in accordance with the RFP, and if there is no mention
of payment, then in accordance with the Florida Prompt Payment Act (F.S. 218.70 et.
seq.). Unpaid invoices shall bear interest as provided for in the Act.
ARTICLE 6. INSURANCE
The Vendor shall maintain all insurance requirements as more particularly provided for
in the Specifications of the RFP. However, if no insurance has been provided for in the
Specifications of the RFP, then the Vendor shall maintain general liability insurance,
workers’ compensation insurance, business automobile liability insurance (owned
vehicles and non-owned vehicles), and such other insurance requested by the City’s
Risk Management Department and with such limits of insurance and deductibles as the
2
Department deems necessary as it relates to this Agreement and the RFP. Prior to
commencing any work or providing such commodities, goods, or services required in
the RFP, the Vendor shall provide to the City proof of such insurance coverage that the
City has requested.
ARTICLE 7. BONDS OR SURETY
The City may require the Vendor to provide payment and performance bonds for such
RFP if not already provided for in the Specifications. Should the City require such
bonds, it shall notify the Vendor prior to commencement of any work required in the
RFP or herein, and no work shall commence until the City has received and approved
such bonds. The amount of such bonds and the form of such shall be determined by
the City and shall be in conformance with Section 255.05, Florida Statutes, if applicable.
ARTICLE 8. CONTRACT PRODUCTS, WORK, GOODS, AND SERVICES
The Vendor agrees, warrants, covenants, and represents that all products, work, goods,
and/or services shall be performed pursuant to the terms and conditions of the RFP,
including any products, work, goods, and/or services done or performed by any
subcontractor or agent of the Vendor/Contractor. Further, the Vendor warrants that the
above services shall be free from all defects and done in a workmanlike manner. The
Vendor warrants the merchantability and fitness of the products, work, goods, and/or
services for the City’s intended purposes as provided for in the RFP. The Vendor
agrees to warrant the products, work, goods, and/or services for a period of one (1) year
from the date of acceptance of the products, work, goods, or services by the City or final
payment, whichever is later. The Vendor agrees to supply to the City adequate
personnel, goods, commodities, and/or services to provide timely completion of all
matters provided for in the RFP and the Vendor’s/Contractor’s response thereto. The
Vendor agrees, in writing, to designate to the City a representative of the Vendor who
shall be the contact person for this RFP.
ARTICLE 9. INDEMNIFICATION
The Vendor recognizes that it is an independent contractor and not an agent or servant
of the City. In the event a claim or lawsuit is brought against the City, its officers,
employees, servants, or agents relating to or arising out of the RFP, this Agreement,
and the Vendor’s or its agents’ or subcontractors’ performance under this Agreement,
the Vendor hereby agrees to indemnify, save, and hold harmless the City, its officers,
employees, servants, or agents and to defend said persons from any such claims,
liabilities, causes of action, and judgments of any type whatsoever. In addition to the
above, the Vendor agrees to indemnify and hold harmless the City, its officers, agents,
and employees from any and all liability, damages, losses, suits, actions, claims, and/or
matters, including costs and reasonable attorney’s fees, to the extent caused by the
negligence, gross negligence, or intentionally wrongful conduct of the Vendor and
other persons or entities employed or utilized by the Vendor in performance of
Agreement and RFP as it relates to the City.
any this
3
ARTICLE IO. COMPLIANCE
In performance of its obligations hereunder and in accordance with the RFP, the Vendor
agrees to comply with all applicable laws, rules, regulations, orders, codes, guidelines,
criteria, and standards, whether state or federal.
ARTICLE 11. USE OF SUBCONTRACTORS
The City reserves the right to accept the use of a subcontractor or to reject the selection
of a particular subcontractor. If a subcontractor fails to perform as required in the RFP
and response thereto or this Agreement and it is necessary to replace the subcontractor
in order to provide the services as required, the Vendor shall promptly do so, subject to
acceptance of the new subcontractor by the City Manager or hidher designee.
ARTICLE 12. TAX EXEMPTION
The parties hereto understand that the City is a tax-exempt organization, and nothing
herein, however, shall exempt the Vendor from paying all of its taxes as a result of the
RFP or this Agreement.
ARTICLE 13. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon providing
written notice to the Vendor. This Agreement may be terminated by the Vendor upon
thirty (30) days’ prior written notice to the City. Upon such termination by the City, the
Vendor/Contractor shall be paid for such products, work, goods, commodities, or
services rendered to the City’s satisfaction up to the date of termination. If this
Agreement is terminated by the City, the Vendor waives any claim for damages from
such termination, including, but not limited to, loss of anticipated profits. Unless the
Vendor is in default or breach of this Agreement and the RFP, the City shall pay the
Vendor for services rendered up to the date of termination in accordance with this
Agreement and the RFP.
ARTICLE 14. UNCONTROLLABLE FORCES
Neither the City nor the Vendor shall be considered to be in default of this Agreement
and the RFP if delay in or failure of performance shall be due to uncontrollable forces,
the effect of which by the exercise of reasonable diligence the nonperforming party
could not avoid. The term “Uncontrollable Forces” shall mean any event that results in
the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, floods, earthquakes, storms, lighting, epidemic, war,
riots, civil disturbances, sabotage, and governmental actions.
4
ARTICLE 15. WAIVER
A waiver by either the City or the Vendor of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party’s right with respect to any other
or further breach. The making or acceptance by either party with knowledge of the
existence of a default or breach shall not operate or be construed to operate as a waiver
or any subsequent default or breach. Further, a written waiver in part shall not
constitute a waiver of any other part of this Agreement.
ARTICLE 16. SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement, and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties hereto further
agree to reform the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision. The provisions of
this section shall not prevent the entire Agreement from being void should a provision,
which is of the essence of the Agreement, be determined void.
ARTICLE 17. NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid or by
overnight express service such as Federal Express with confirmatory delivery as
fol I ows :
AS TO CITY: AS TO VENDOR:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Palm Beach Media Associates, Inc.
950 Peninsula Corporate Cir., Ste 2022
Boca Raton, Florida 33487
Attn: Rita Johnson, President
Notice shall be effective when received at the address as specified above. Changes in
respective addresses to which such notice is to be directed may be made from time to
time by either party by written notice to the other party. Facsimile transmission is
acceptable notice effective when received; however, facsimile transmission received
(i.e., printed) after 5 p.m. or on weekends or holidays will be deemed received on the
next business day. The original of the notice must additionally be mailed or sent as
provided above.
5
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between the parties hereto.
ARTICLE 18. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
parties hereto with respect to the subject matter contained herein.
ARTICLE 19. BINDING EFFECT
This Agreement is binding upon the parties hereto, their heirs, legal representatives,
successors, and assigns.
ARTICLE 20. ASSIGNABILITY
This Agreement may not be assigned without the prior written consent of all parties to
this Agreement.
ARTICLE 21. MODIFICATIONS TO AGREEMENT
This Agreement may not be modified unless such modifications are evidenced in
writing, signed by both the City and the Vendor. Such modifications shall be in the form
of a written amendment executed by both parties hereto.
ARTICLE 22. RENEWAL
The RFP may be renewed in accordance with the terms and conditions as contained in
Section 2.2 of the RFP.
ARTICLE 23. GOVERNING LAW AND VENUE
This Agreement and all transactions contemplated by this Agreement shall be governed
by, and construed and enforced in accordance with, the laws of the State of Florida
without regard to any contrary conflicts of law principle. Venue of all proceedings in
connection herewith shall lie exclusively in Palm Beach County, Florida, and each party
hereby waives whatever its respective rights may have been in the selection of venue.
ARTICLE 24. CONSTRUCTION
The parties hereto agree that this Agreement shall not be construed against the party
who drafted the same as all parties have had legal and business experts to review the
adequacy of the same.
6
ARTICLE 25. ATTORNEY’S FEES
It is hereby understood and agreed that in the event any lawsuit in the judicial system,
federal or state, is brought to enforce compliance with this Agreement or interpret the
same, or if any other proceeding is brought for the same purpose, the non-prevailing
party shall be required to pay the prevailing party’s reasonable attorney’s fees and
costs, including appellate fees and costs.
ARTICLE 26. EQUAL OPPORTUNITY
The City and the Vendor agree that no person shall, on the grounds of race, color,
gender, national origin, ancestry, marital status, disability, religion, creed, or age be
discriminated against in the performance of this Agreement.
ARTICLE 27. HEADINGS
The headings contained in this Agreement are for convenience of reference only and
shall not limit or otherwise affect in any way the meaning or interpretation of this
Agreement.
ARTICLE 28. EFFECTIVE DATE
The effective date of this Agreement shall be as of the date it has been executed by
both parties hereto.
(The remainder of this page left intentionally blank)
7
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this day of , 2007
ATTEST:
By:
Patricia Snider, CMC, City Clerk
CITY:
CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
By:
Joseph R. Russo, Mayor
[SEAL]
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Executed by the Vendor this I day of wLww\/ , 2007.
VENDOR:
PALMmACH MEDIA ASSOCIATES, INC.
-a
WlTN ESS:
\
4
By: /v I
G:\attorney-shareMGREEMENTS\Graphic Design Services Agreement- Palm Beach Media.doc
8
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 6,2007
Meeting Date: March 1, 2007
Resolution 26, 2007
SubjectlAgenda Item: Approving an Agreement with Palm Beach Community College
Providing for the Education and Training of Students in the Paramedic and EMT
Programs which Allows the EMT and Paramedic Students to Complete Clinical Ride
Time on the Fire Rescue Units.
[XI Recommendation to APPROVE
I ] Recommendation to DENY
Reviewed by:
City Attorney d
Submitted by:
Department Director
Approved by: @+
City ‘Mandger
Originating Dept.:
L-2< -
C~@oYcJ
Advertised:
Date:
Paper:
[ x] Not Required
Affected parties
-.. [ ]Notified
[ x] Not required
costs: !$
(Total)
$-
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 26, 2007
0 Agreement
[ ]None
.
Date Prepared: February 6,2807
Meeting Date: March 1,2007
Resolution 26,2007
0 BACKGROUND: The Fire Rescue Department has maintained an agreement
with Palm Beach Community College for over nine years to allow their EMT
and Paramedic students to ride on Fire Rescue Units as part of their training.
This ride time is an invaluable tool in the basic training of field providers and
is mandated by the State of Florida for certification as an EMT or Paramedic.
During these ride experiences, the student provides care under the direct
observation of Fire Rescue personnel with the approval of the departmental
Medical Director.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 26,
2007.
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RESOLUTION 26,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH
PALM BEACH COMMUNITY COLLEGE PROVIDING FOR THE
EDUCATION AND TRAINING OF STUDENTS IN THE PARAMEDIC
AND EMT PROGRAMS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Fire Rescue Department has maintained an agreement with
Palm Beach Community College for over nine years to allow their EMT and Paramedic
students to ride on Fire Rescue units as part of their training, which is an invaluable
tool in the basic training of field providers and is mandated by the State of Florida for
certification as an EMT or Paramedic; and
WHEREAS, the City Council wishes to enter into a three (3) year agreement with
Palm Beach Community College to continue this program, which agreement has been
prepared and is attached hereto; and
WHEREAS, the City Council has determined that approval of this Resolution is
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 recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the Agreement with Palm Beach
Community College, authorizes the Mayor and City Clerk to execute such Agreement,
and authorizes the City Manager to execute any future renewal Addenda.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: February 6, 2007
Date Prepared: February 6, 2007
Resolution 26, 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
--- MAYOR RUSSO
--- VICE MAYOR BARNETT
COUNCILMEMBER JABLIN ---
--- COUNCILMEMBER LEVY
--- COUNCILMEMBERVALECHE
G:\attorney-share\RESOLUTlONS\agrnt with PBCC for fire rescue training-2006-2009-reso 26 2007.doc
2
AGREEMENT
THIS AGREEMENT is made and entered into by and between PALM BEACH
COMMUNITY COLLEGE, 4200 Congress Avenue, Lake Worth, Florida 33461, a public
corporation under the laws of the State of Florida, hereinafter referred to as “COLLEGE” and
City of Palm Beach Gardens, 10500 Military Trail, Palm Beach Gardens, FL 3341 0, hereinafter
referred to as “DEPARTMENT”.
WITNESSETH
WHEREAS, the parties hereto desire to enter into a contractual arrangement providing for the
education and training of students in the Paramedic and EMT programs.
WHEREAS, Palm Beach Community College has undertaken to educate and train students in
the Paramedic and EMT programs, which shall be under the auspice of Health Sciences.
NOW, THEREFORE, it is agreed between the parties hereto as follows: The control of the
program shall reside in the President of the Palm Beach Community College with the assistance
of the EMS Program Supervisor under the auspice of Health Sciences. There shall be established
a Business Partnership Council who will counsel the said President and Supervisor responsible
for the program.
COLLEGE agrees to:
1.
2.
3.
4.
5.
6.
7.
8.
Accept eligible students in the program as regular enrollees of the Palm Beach
Community College, subject to the rules and regulations of the College.
Select a qualified faculty.
Provide a College approved course of study.
Consult with the designated staff of DEPARTMENT in selecting clinical experiences for
the students of the program. A list of students and their dates of attendance will be
provided to DEPARTMENT by the College.
Provide supervision for students participating in clinical experiences at DEPARTMENT.
Adhere to the Policy and Procedures established by DEPARTMENT to include the
Exposure Control Plan for Bloodborne Pathogens and all related OSHA and Infection
Control Policies.
Cooperate with DEPARTMENT staff in all matters pertaining to these programs.
To the extent permitted by Florida Statute 768.28, the COLLEGE agrees to indemnify,
defend and hold harmless DEPARTMENT from and against all claims, damages, losses,
judgments, and expenses, including all reasonable legal fees and costs, if it is necessary
for DEPARTMENT to defend an action arising out of any alleged acts or omissions of
the COLLEGE, its agents, servants or employees.
DEPARTMENT agrees to:
1. Provide necessary facilities for clinical experiences for proper Paramedic and/or EMT
instruction.
2. Cooperate in the assignment of students in DEPARTMENT, such assignments to be
made under the supervision of the College faculty.
1
3. Provide liaison between the DEPARTMENT administrator and the EMS Program
Supervisor under the auspice of Health Sciences.
4. Cooperate with the College staff in all matters pertaining to these programs.
5. To the extent permitted by Florida Statute 768.28, the DEPARTMENT agrees to
indemnify, defend and hold harmless COLLEGE from and against all claims, damages,
losses, judgments, and expenses, including all reasonable legal fees and costs, if it is
necessary for COLLEGE to defend an action arising out of any alleged acts or omissions
of the DEPARTMENT, its agents, servants or employees.
6. Provide suitable area at DEPARTMENT for conferences and group training programs for
the students.
7. Cooperate in obtaining guest lecturers from the staff of DEPARTMENT on request of the
EMS Program Supervisor under the auspice of Health Sciences as schedule permits.
8. Not begin any training programs in the Paramedic and EMT fields, conducted by the
College while this agreement is in effect, without the prior notification of COLLEGE.
BOTH PARTIES agree:
1.
2.
3.
To require that each ParamedidEMT student at hidher own expense provide the
following:
a.
b.
d.
e.
f.
€5
h.
C.
Uniforms
Meals
Laundry Service
Transportation
Physical examination and immunizations.
Hospital and medical care.
School Accident Insurance or evidence of such insurance protection.
Professional Liability Insurance coverage of not less than $1,000,000 per
occurrence and $3,000,000 aggregate. Proof of insurance will be provided to
DEPARTMENT upon request of the COLLEGE.
This agreement shall continue for three (3) years from the date hereof unless sooner
terminated and may be renewed at the end of three (3) years by the mutual consent of the
parties. In the event that either party desires to terminate the arrangement prior to the
three (3) year period, notice shall be given by the party desiring to terminate to the other
party in writing, but such termination shall not be effective until such time as all then
enrolled students have had an opportunity to complete their prescribed program, although
new enrollees shall not be accepted after receipt of notice of termination.
To affirm they do not discriminate based on race, religion, national origin, gender, age or
handicap.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
2
P . ,*
Contract begins 9- , and expires ?-.
PALM BEACH COMMUNITY COLLEGE
City of Palm Beach Gardens
Name
Title
Date
APPROVED AS TO FORM
3
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 12,2007
Meeting Date: March 1,2007
Resolution 14,2007
Subject/Agenda Item:
Petition CUMJ-06-11-000007: Police Communication Tower at Parcel 12.01 (9290 Park Lane)
Public Hearing & Consideration of Approval: A City-initiated request to approve the major
conditional use application for the installation of a 185-foot monopole communication tower and
associated unmanned 10' x 20' equipment shelters on City property. The subject site is
approximately six acres and is located north of the Hilltop Mobile Home Park and south of
Seacoast Utility Authority's (SUA) property.
[XI Recommendation to APPROVE with 3 waivers
[ ] Recommendation to DENY
Reviewed by:
Planning Manager &LL/
Brad Wiseman
Planning and Zoning
Director
Tala1 Benothman, AIC
City Attorney
Christine Tab
Compliance
Growth Manag@>,
Administrator
Kara IrwinfiICP
Approved By:
Originating Dept.:
Growth Management:
Project
Manager
Planner
[XI Quasi - Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
[ X ] Required
Date: 0211 512007
Paper: Palm Beach
Post
Affected parties:
#+Notified
[ ] Not Required
FINANCE:
costs:
$- N/A
Total
s- NIA
Current FY
Funding Source:
[ ] Operating
Other-NA
[XI
Budget Acct.#:
NA
I Council Action:
Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
Continued to:
Attachments:
Site Plan
Conditional Use
Analysis
Tower Graphic
0 Reso 14,2007
Date Prepared: January 12,2007
Meeting Date: March 1, 2007
Resolution 14,2007
EXECUTIVE SUMMARY
The subject petition is a City-initiated request to allow for the installation of a 185-foot
monopole communication tower and associated unmanned 10' x 20' equipment shelters on City
property located north of Hilltop Mobile Home Park and south of the Seacoast Utility Authority
(SUA). The purpose of this communication tower request is to provide for the expansion of the
Police Department's radio coverage. Staff recommends approval of Resolution 14, 2007 with
three waivers.
BACKGROUND
The City of Palm Beach Gardens Police Department recently purchased new radio equipment to
enhance radio coverage and interoperability in and around our City. To meet the required 95%
coverage standard for public safety, the equipment's manufacturer would not contractually
guarantee radio signal coverage in the southern portion of the City's boundary without this
monopole tower. Radio signal propagation studies have shown that signal strength around the
southern portion of the City's boundary, and specifically the eastern Northlake Boulevard area, to
be below the system design levels without this site.
The Police Department has determined that this communication tower is necessary to maintain
acceptable coverage for officer safety. Officer safety could be in question in some areas in the
south end of the City, and in certain areas between our City and the County jail before coming
into range of the West Palm Beach radio tower that covers the County jail.
To facilitate the financing of the monopole tower, the Police Department suggests that an
Request For Proposal (FRP) be issued to build the tower and move the existing structure and
generator from Seacoast property at Hood Road to the proposed site. In the proposed RFP, to
offset the City's cost, approximately $500,000, it would be required that the tower vendor build
and move the equipment at no cost to the City in exchange for secondary tower rights on the
tower. This would be accomplished through a separate agreement with the tower vendor, to be
approved by Council. The tower site will have restricted access and will be used primarily for the
transmission of police radio communication. Should a request for co-location occur, it can be
processed administratively pursuant to Section 78-1 59 (n.64) 3(iii) of the Land Development
Regulations (LDRs).
FEDERAL COMMUNICATIONS COMMISSION (FCC)
Radiofrequency (RF) emissions from antennas used for wireless transmissions such as cellular
and PCS (personal communications systems) signals result in exposure levels on the ground that
are typically thousands of times less than the standard safety limits. These safety limits were
adopted by the Federal Communications Commission (FCC) based upon recommendations of
expert organizations endorsed by agencies of the federal government responsible for health and
safety. The proposed antenna and any subsequent co-locations of antennas are required to be
reviewed by the FCC for compliance with emission guidelines before they are sold for public
use. Compliance with these federal regulations will be contained in the product approvals for the
antennas.
Additionally, the Police Department has spoken with the consultant, R.L. Kimbal, the company
2
Date Prepared: January 12,2007
Meeting Date: March 1, 2007
Resolution 14.2007
overseeing our radio project implementation, who has also confirmed that there is no risk fi-om
radio frequency emissions fi-om the proposed tower project.
LAND USE & ZONING
The future land use designation for this site is Public (P) and the zoning is Public/Institutional
(P/I). As identified in Section 78-1 59 (n.64)(aa), this is a permitted major conditional use.
PROJECT DETAILS
Site Plan
The proposed telecommunication tower is to be located along the northern property line of the
subject parcel adjacent to the Seacoast Utility Authority (SUA) property. According to Section
78-159 (n.64)(ff), a major conditional use review is required when a tower fails to meet all the
criteria for approval. Therefore, a conditional use analysis based on the criteria provided for in
the Land Development Regulations has been provided (please see attached conditional use
analysis).
The proposed tower consists of a 185-foot monopole. The monopole is designed as a "bend-
over'' pole. This means the bottom of the pole will be designed to over-stress and buckle with a
projected fall radius of 92 feet. This %?-foot fall distance will not have any impact on any
adjacent uses to the tower site because the current property is vacant and the SUA's equipment is
outside of the fall radius of the monopole.
The tower site will be approximately 60 feet wide by 60 feet long. The tower site will be setback
from the adjacent properties as follows: from the west property line 190 feet; from the east
property line 41 0 feet; from the south property line 2 10 feet; and to the north property line by 20
feet. The property to the north is SUA's site and is located in unincorporated Palm Beach County
and is mainly used for water storage purposes.
City Code requires that towers be setback from residential land uses by the greater of 500 feet or
300 percent of the tower height. The proposed tower height is 185 feet; therefore, the required
setback from the adjacent residential uses is 555 feet. The tower is setback from the residential
uses as follows: from the east 410 feet; from the west 190 feet; and from the south 210 feet,
therefore, a waiver from the setback requirements for the tower is being requested (please see
waiver section below).
City Code Section 78-1 59(n.64)6), Separation, states that towers must be separated from existing
towers by a distance not less than one mile. A communication tower is located on Old Dixie
Highway, which is located in unincorporated Palm Beach County, and is approximately 1,369
feet from the tower site; therefore, a waiver is being requested for relief from this provision
(please see waiver section below). In addition to separation requirements, there are also height
restrictions for communication towers. Code Section 78- 159(n.64)(1) states that a maximum
height of 150 feet is permitted for towers with a capacity for three users. The proposed tower
height exceeds the maximum height allowed by 35 feet and has a capacity for six users, thus a
waiver is being requested.
3
Date Prepared: January 12, 2007
Meeting Date: March 1, 2007
Resolution 14,2007
Landscapinn & Bufferinq
A landscape plan shall be submitted and accepted by the City Forester prior to the issuance of a
building permit for the monopole.
Signage
The communication tower site will be required to post "HIGH VOLTAGE-DANGER" and "NO
TRESPASSING" warning signs, permanently attached to the surrounding fence, with letters at a
minimum height of twelve inches. Prior to the issuance of the letter of completion, the Growth
Management Department shall field check the site to ensure that the signs have been installed in
accordance with City Code.
Site Liahting
Lighting for the tower will be in accordance FAA/FCC regulations. Additional lighting beyond
FAA/FCC regulations is not permitted pursuant to Section 78-159 (h) of the Land Development
Regulations.
CPTED Compliance
To allow for security and safety, the gray-colored tower shall be secured by an eight-foot-high
black vinyl clad chain link fence. The fence will be gated and locked at all times except when
tower equipment maintenance is occurring.
Antenna Report
The Police Department's proposed antenna to be located on the monopole communication tower
will be the same antenna that is to be located on the Landmark condominium building. The
proposed antenna and others that may be co-located on the tower are required to be in
compliance with Section 47 U.S.C. 332(c)(7)(B)(iv) of the Telecommunications Act of 1996,
which regulates wireless facilities on the basis of the environmental effects of radio frequency
emissions. Each antenna will be required to submit a frequency report prior to the administrative
approval demonstrating compliance with Federal regulations.
(The remainder of this page lefi intentionally blank.)
4
Date Prepared: January 12,2007
Meeting Date: March 1, 2007
Resolution 14,2007
Waivers
Code Section
Section 78-1 59
Separation
(n.64)(gg)
Section 78-1 59
(n.64)Cj)
Separation
Section 78-1 59
Height (n .64)( 1)
1.
Required
Towers shall be
separated from res.
uses by the greater of
500 feet or 300
percent of the tower
height (555 feet)
Towers must be
separated from
existing towers by a
distance not less than
one mile
150 feet for a tower
with a capacity for
three users
Provided
410 feet to the
east; 210 feet to
the south; and
190 feet to the
west
1,369 feet
185 feet
Waiver
145 feet to the
east; 345 feet
to the south;
and 365 feet
to the west.
3,911 feet
35 feet
Staff
Recommendation
Approval
(1)
Approval
(2)
Approval
(3)
Staff recommends approval of the waiver to allow for the communication tower to be
setback from the adjacent residential uses by 410 feet to the east; 210 feet to the south;
and 190 feet to the west. City Code Section 78-159(n.64)(gg) states that the tower shall
be separated from residential uses by the greater of 500 feet or 300 percent of the tower
height (555 feet). Staff supports this waiver because the height of the communication
tower is necessary for the Police Department's radio devices to function at an acceptable
level, which in turn, will enhance public safety. Furthermore, City staff extensively
searched for areas within the geographical range and determined this site was the most
suitable for the monopole. Staff chose this location because it was located in the
geographical search area and it will ensure adequate radio coverage for the southern
portion of the City. The tower site will be landscaped and screened in order to ensure the
mechanical equipment will not cause a negative aesthetic impact to the surrounding uses.
The design of the proposed tower consists of a 185-foot monopole. The monopole is
designed as a "bend-over" pole. This means the bottom of the pole will be designed to
over-stress and buckle with a projected fall radius of 92 feet. This %!-foot fall distance
will not have any impact on any adjacent uses to the tower site since the closest structure
is outside of the projected fall radius of the monopole (SUA'S storage tank is
approximately 140 feet from the base of the tower).
2. Staff recommends approval of the waiver to allow for the communication tower to be
located 1,369 feet from an existing tower. City Code Section 78-1 59(n.64)Cj) states that
towers must be separated from existing towers by a distance not less than one mile. The
existing tower is separated from the proposed tower by 1,369 feet. Staff supports the
waiver from the separation requirement because staff inventoried tower sites throughout
the City and determined that the existing towers in the area do not meet the 185-foot
height needed to ensure adequate radio coverage.
5
Date Prepared: January 12,2007
Meeting Date: March I, 2007
Resolution 14.2007
3. Staff recommends approval of the waiver to allow for the height of the tower to be 185
feet. City Code Section 78-1 59(n.64)(1) states that the maximum tower height cannot
exceed 150 feet and a capacity of three users. The proposed tower height is 185 feet and
can accommodate six users. Staff supports the waiver to allow the tower height to exceed
185 feet because the tower can accommodate up to six users. Thus, the possibility of co-
locating additional antennas, which is encouraged by the City, could result in lessening
the need for additional towers to be constructed in the surrounding area in the future.
PLANNING ZONING AND APPEALS BOARD (PZAB) RECOMMENDATION
On January 9, 2007, the PZAB voted 4-3 to recommend approval of the subject petition to City
Council. The following issues and concerns were raised:
1. The Board stated that they would like some clarification if the proposed antenna would
cause any interference with electronic equipment in the surrounding community. The
proposed antenna operates at an extremely low frequency and subject to the FCC
guidelines and federal regulations. The proposed police communications antenna will be
the same antenna as the one to be installed on the Landmark building and will not cause
any electronic interference.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 14, 2007 with the waivers and conditions provided
therein.
6
.
CONDITIONAL USE ANALYSIS
WIRELESS COMMUNICATIONS ANTENNA
PALM BEACH GARDENS, FLORIDA
NOVMEBER 6,2006
A City initiated request to approve the major conditional use application for the
installation of a 185-foot monopole communication tower and two associated unmanned
10' x 20' equipment shelters on the City's property located at 9290 Park Lane, which is
located north of the Hilltop Mobile Home Park and south of Seacoast Utility Authority's
property in the City of Palm Beach Gardens.
City Code Section 78-159, Table 21 : Permitted, Conditional, and Prohibited Uses,
wireless telecommunication facilities are a major conditional use when all of the criteria
required by City Code are not met. Therefore, due to the fact that the wireless
communication tower does not meet all of the criteria required by City Code; a
conditional use analysis is required.
In accordance with Section 78-159 (n.64) gfi, Conditional use review, the following is
a Conditional Use Analysis based on the criteria as set forth in that section.
1. Separation. An inventory of all existing tower sites has been provided with this
application (please see attached). The proposed tower location is approximately
1,369 feet from the nearest existing tower, which is located in unincorporated
Palm Beach County. City Code requires that towers be separated from other
towers by one-mile regardless of municipal boundaries. None of the existing
tower sites in the geographic search area meet the criteria that the Police
Department's radio devices require.
2. Height. City Code Section 78-159 (n.64) (1) states that the maximum height for
an antenna shall be 150 feet with the capacity for three users. The height of the
proposed antenna is 185 feet with the capacity for six users. The existing towers
in the geographic search area do not meet the 185-foot height requirement that the
Police Department's radio devices require. Furthermore, the monopole can
accommodate six users which encourage co-location of additional antennas rather
than constructing additional towers.
3. Setback requirements from residential uses. City Code Section 78-1 59 (n.64
(gg) states that the setback for the tower shall be separated from residential land
uses by the greater of 500 feet or 300 percent of the tower height. Therefore, the
proposed height of the monopole requires a setback of 555 feet from the adjacent
residential properties to the south and east of the subject site. The tower site is
setback from the adjacent residential uses as follows: from the west property line
190 feet; from the east property line 410 feet; and from the south property line
210 feet. The City chose this location for the tower in an effort to be sensitive to
the property owner's to the east (Hilltop Park located in Palm Beach County) and
to the future development that will occur to the south of the monopole. There are
several SUA easements that are located throughout the property and require a 20-
foot minimum setback for access purposes. The tower is located in an area that
will not conflict with the SUA easements or the Congress Avenue Roadway
Extension.
4. Nature of uses on adjacent and nearby properties. The adjacent uses to the
subject site are as follows: to the north is the SUA'S water storage facility located
in unincorporated Palm Beach County; to the east is the C-17 canal; to the south
is the Hilltop Mobile Home Park that is currently vacant and located in the City;
and to the east is Hilltop Mobile Home Park located in unincorporated Palm
Beach County. The proposed location of the tower site was chosen after an
extensive search of suitable tower locations. Not one of the existing towers met
the height criteria needed by the Police Department to ensure signal strength. The
proposed monopole will be screened to the furthest extent possible from the
adjacent uses and the pole will be painted gray to reduce the visual impact to the
surrounding residential uses.
5. Existing vegetation, tree coverage, and foliage on the proposed tower site and
surrounding properties. The City Forester will be required to review and
approve a plan that adequately screens the mechanical equipment and the base of
the tower from the adjacent uses.
6. Design of the proposed tower. The design of the proposed tower consists of a
185-foot monopole. The monopole is designed as a "bend-over" pole. This means
the bottom of the pole will be designed to over-stress and buckle with a projected
fall radius of 92 feet. This 92-foot fall distance will not have any impact on any
adjacent uses to the tower site (please see attached report).
7. Aesthetics. The proposed monopole measures 185 feet from the base of the tower
to the top of the pole. The proposed tower's exterior surface will consist of a
galvanized steel finish or be painted a neutral gray color to further reduce the
visual impact to the adjacent residential uses.
8. Lighting. Signals, artificial lights, or illumination shall not be permitted on any
tower unless required by the FANFCC, pursuant to City Code Section 78-159
(n.64).
City of Palm Beach Gardens Police Monopole Tower Location
Hi i
N - Feet
0 150 300 600 900 1,200
Friday, February 9. 2007 8 16 10 AM
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PALM BEACH GAR~~NS
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- 0'-0' REFERENCE +
185'-0" C.L. OF ANTENN4
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0 z 0 3 3 5i X tD m 7 P -_ I
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RESOLUTION 14,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A MAJOR
CONDITIONAL USE TO ALLOW FOR THE INSTALLATION OF A
ASSOCIATED GROUND EQUIPMENT ON THE CITY'S PROPERTY
LOCATED AT 9290 PARK LANE; AS MORE PARTICULARLY
DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE.
185-FOOT MONOPOLE COMMUNICATION TOWER AND
WHEREAS, the City has initiated an application (Petition CUMJ-06-11-000007)
for approval of the installation of a 185-foot monopole communication tower and
associated ground equipment to be installed on the City's property located at 9290 Park
Lane; and
WHEREAS, the approximately 3,600-square-foot telecommunications tower site
is situated on a parcel of land currently zoned Public/lnstitutional (PA) with a future land
use designation of Public (P); and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; 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 recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the installation of a 185-foot monopole communication tower and associated
ground equipment to be installed on the City's property located at 9290 Park Lane, as
more particularly described below:
LEGAL DESCRIPTION:
A PARCEL OF LAND SITUATE IN THE SOUTHEAST QUARTER (SE 1/4) OF
SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST: WITHIN THE MUNICIPAL
LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Date Prepared: January 18,2007
Date Prepared: January 18, 2007
Resolution 14, 2007
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THE SOUTH 434.98 FEET OF THE EAST HALF (E 1/2) OF THE NORTHEAST
QUARTER (NE 114) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION
18. LESS AND EXCEPTING THEREFROM THAT CERTAIN PARCEL OF LAND
DESCRIBED IN OFFICIAL RECORD BOOK 8235, PAGE 545, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 6.12 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following three waivers:
1. Section 78-159 (n.64) (gg), Separation, to allow for the tower setbacks from
residential land uses to be 410 feet to the east; 210 feet to the south; and
190 feet to the west.
2. Section 78-159 (n.64) (j), Separation, to allow for the tower to be located
1,369 feet from an existing tower.
3. Section 78-159 (n.64) (I), Height, to allow for a tower height of 185 feet with
a capacity of six (6) users.
SECTION 4. This approval is subject to the following conditions, which shall be
binding on the Applicant, its successors, or assigns:
1.
2.
3.
4.
5.
The height of the monopole shall not exceed 185 feet. (Planning & Zoning)
The maximum capacity of users that can be co-located on the tower shall
not exceed six (6) users. Proposed co-location shall be reviewed pursuant
to Section 78-1 59 (n.64)(e)(3)(iii), Code of Ordinances. (Planning & Zoning)
The tower shall be constructed of galvanized steel or painted gray.
(Planning & Zoning)
Prior to the issuance of the letter of completion, the Growth Management
Department shall field check the site to ensure that the "HIGH VOLTAGE-
DANGER and "NO TRESPASSING" warning signs are attached to the
surrounding fence with letters at a minimum height of twelve (12) inches.
(Planning & Zoning)
Prior to the issuance of a building permit, the Applicant shall submit
landscape plans for the tower site to be approved by the City Forester to
ensure adequate screening from the adjacent residential uses. Such
landscaping shall be installed prior to the issuance of the letter of
completion and shall be the perpetual maintenance obligation of the
Applicant, its successors, or assigns. (Planning & Zoning)
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Date Prepared: January 18,2007
Resolution 14, 2007
SECTION 5. This approval shall be in compliance with the following documents
on file with the City's Growth Management Department:
1. Site Plan, dated November 17, 2006, prepared by the City of Palm Beach
Gardens.
SECTION 6. This approval expressly incorporates and is contingent upon all
representations made by the Applicant or Applicant's agents at any workshop or public
hearing .
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
Date Prepared: January 18, 2007
Resolution 14, 2007
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PASSED AND ADOPTED this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\monopole communication tower - reso 14 2007.doc
4
CITY OF,PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 2,2007
Meeting Date: March I, 2007
Ordinance 7,2007 and Resolution 18,2007
Subject/Agenda Item:
Ordinance 7,2007 and Resolution 18,2007: Gardens Commerce Center
Second Reading and Public Hearing: A request by Ryan Johnston of The Johnston Group
Land Development Consultants, Inc., on behalf of Riverside Development, LLC, for approval of
the Gardens Commerce Center Planned Unit Development (PUD), to allow for the construction
of three buildings with 41,577 square feet of light industrial use and 27,718 square feet of
accessory professional office use on a 4.45-acre site. The proposed Gardens Coninierce Center
PUD is located on the west side of Riverside Drive, east of Interstate 1-95, north of Plat 5 and
approximately 300 feet south of Burns Road.
[XI Recommendation to APPROVE with 6 waivers
[ 1 Recommendation to DENY
Reviewed by:
Planning Manager
Brad Wiseinan
Christi ne Tatuni
City Attorney
Devclopment 6
('onipliance W
Bahareh Keshavarz-Wolfs,
AICP
P&Z Division
Director-
Ta I a I I3 e nothnia ti, AI CP
Growth Managen
Ad minis t ra tor
Kara Irwin, AICP
Approved By:
6
City &na#r
Originating Dept.:
Growth Management:
Project
Manager
Stephen Mayer
Sr. Planner
[XI Quasi - Judicial
[ ] Legislative
[ X ] Public Hearing
Advertised:
[ X ] Required
[ ] Not Required
Paper: Palm Beach Post
Date: 2/14/07
Affected parties:
f-ified
[ ] Not Required
Finance: ~Ifi
ED Directory y
Dolores Key
By! K. I,a6ossiere
Fees Paid [ Yes ]
per iiienio 2/2/07
Funding Source :
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ ] Approved
[ ] App. w/ condition:
[ ] Denied
[ ] Rec. approval
[ 1 Rec. app. w/ conds
[ ] Rec. Denial
[ ] Continued to:--
Attachments:
Applicant Narrative
Reduced Plans
Ordinance 7, 2007
Resolution 18, 200-
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 7. 2007 and Resolution 18, 2007
EXECUTIVE SUMMARY
The subject petition is a Targeted Expedited Permitting Process (TEPP) Planned Unit
Development (PUD) request for the Gardens Commerce Center, to allow for the construction of
three buildings with 41,577 square feet of light industrial use and 27,718 square feet of accessory
professional office use on a 4.45-acre site. The project is a part of the TEPP because the major
tenant (Thies Distributing) will create more than 50 value-added jobs to the community. On
January 23, 2007, the Planning, Zoning, and Appeals Board voted 7-0 to recommend approval of
the subject petition to the City Council. Staff recommends approval of Ordinance 7, 2007 and
Resolution 18, 2007 with six waivers and the conditions provided therein.
BACKGROUND
The applicant is proposing a Planned Unit Development (PUD) for the subject parcel, located on
the west side of Riverside Drive, east of Interstate 1-95, north of Plat 5 and approximately 300
feet south of B~rns Road. The subject petition is a request to develop three buildings consisting
of 41,577 square feet of light industrial use and 27,718 square feet of accessory professional
office use on a 4.45 acre site.
City staff included the project as part of the Targeted Expedited Permitting Program (TEPP) on
December 5, 2006, in accordance with Section 78-57 of the City Code. This project has been
included in the TEPP because it meets the economic development qualifications criteria.
Specifically, the company has the capability to create at least 50 new positions in the City of
Palm Beach Gardens within the first two years of operation. These positions are considered
value-added employment based on the average wages and/or compensation paid by the
employer, and has been endorsed by the City’s Economic Development Director. The Business
Development Board (BDB) has authorized this project and has pledged that they will work hand-
in-hand with the developer to retain the company in Palm Beach County. Below is the Annual
Economic Impact Projections for the project, which illustrate that the company (Thies
Distributing corporate headquarters) generates I 50 value-added employees with an estimated
average annual salary of over $60,000, which is higher than average wage in Palm Beach County
($41,007) and the average wage in Palm Beach Gardens ($45,107).
[The remainder of this page is intentionally left blank]
2
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 7. 2007 and Resolution 18, 2007
Table one: Annual Economic Impact Projects
Business Development Board
Annual Economic Impact Projections
NAICS
Employment
Estimated Payroll
Average Wages
Average Wage as Percent of County's
Average
Total Economic Impact
Total Employment
Total Payroll
Total Output (total annual economic activity)
Average Wages
Average Wage as Percent of County's
Average
Fiscal Impact
PU D-06-03-07
B u i Id i n g 1 (Corporate H e adq u a r t e rs)
150
$9,000,000
$60,000
150%
454
$1 7,235,643
$54,911,391
$37,998
95%
$1,380,7 15
Total Economic Impact is an estimated combined effect of a company and the ancillary industries
impacted.
Wages based on Florida Agency for Workforce Innovation, 2005 ES-202 program, average couiity wage of
$40,074 as stated by EFI incentive guidelines.
Fiscal Impact is an estimate of the combined taxes (ad valorem & non ad valorem) and fees paid by
coiiipanies and their employees to Palm Beach County.
This analysis of the economic impacts for project in Palm Beach County is based on the Regional Input-Output
Modeling System (RIMS 11) which uses county specific data published from the Bureau of Economic Analysis. Tax
estimates were figured using 2005 tax data prepared by the Palm Beach County Property Appraisers Office, 2005
ACS Population Statistics and the 2003 Regional Econoniic Information System (REIS).
LAND USE & ZONING
The subject site has Future Land-Use and Vision map designations of Industrial (I) and is in a
Light Industrial (M1 A) zoning district. The applicant is requesting a Planned Unit Development
(PUD) overlay with an underlying zoning ofMlA, consistent with the future land use of I.
CONCURRENCY
The subject site has received traffic concurrency approval for 69,300 square-feet of light
industrial uses from the Palm Beach County Traffic Division. The applicant is has received
approval from the City's traffic consultant on January 26, 2007 regarding the potential impacts
of the proposed development on the City's roadway network. The build-out date is December
3 I, 2008.
3
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 7, 2007 and Resolution 18, 2007
PROJECT DETAILS
The subject petition is a request to develop 41,577 square feet of light industrial use and 27,718
square feet of accessory professional office use on a 4.45-acre site, located on the west side of
Riverside Drive, east of Interstate 1-95, north of Plat S and approximately 300 feet south of Burns
Road.
Site Access
The vehicular access will be located via two entrances off of Riverside Drive. The vehicle
circulation is a looped system, which means that users of the site, and more importantly
emergency vehicles, may proceed efficiently in and out of the site without having to do a three
point turn to turn around. The entries are one lane inlone lane out and are separated by 102 feet.
This applicant is requesting a waiver to allow for the two driveways to be less than 150 feet apart
(plense see wuiver section). Please note that this waiver is necessary to implement the looped
system recommended by Fire Rescue.
A rcli itectir re
The proposed industrial buildings share an architectural style typical of a modem industrial park;
two story tilt-up construction with a decorative metal roof, accentuated with decorative banding
and medallions. Each building has a tower feature which helps articulate the rooflines. Building
one is the largest building with the massing offset by articulation in the roofline and the tower
element in the center. The maximum height of Building One is 50 feet, building two is 36 feet
and building 3 is 40.5 feet, measured to the midpoint of the roof. The colors of the buildings are:
Yellow (Clean Yellow with Yellow Tulip banding) for the primary walls; Green (Misty Aqua)
for accent on the secondary walls; and Off White (Queen Anne’s lace) for the trim.
The landscape plan provides planting materials and quantities consistent with City Code. The
perimeter of the site contains specimen oak trees, including 25 existing live and laurel oaks that
will remain. The perimeter landscaping was planted with greater emphasis placed at buffering
the residential property to the south property line and in providing landscaping along Riverside
Drive. The north property is landscaped with eight clusters of 18 and 20-foot Sabal Palms and a
row of Live oaks. The Riverside Drive landscaping has a meandering sidewalk and planting
theme in accordance with roadway beautification requirements. Dwarf Green Malayan Coconut
Palms and Foxtail Palms are proposed at the entrance, accented with Yaupon Holly. The
southern property line is landscaped with a row of 14-to 16-foot Live Oak specimens, accented
with Spanish Stopper, Florida Privet and Wax Myrtle shrubs. Staff notes that the applicant has
provided landscaping on both sides of an eight foot wall in this location. In accordance with
Section 78-34S(d)(4)(a), at a ratio of 1.5 square feet for each square feet of paved parking area
that is reduced through the use of smaller parking spaces shall be provided. The applicant has
planted 1,984 square feet of open space for the reduced parking space dimensions. The additional
open space increases the site total to 38 percent (or 1.7 acres), which is well above the 16 percent
4
Date Prepared: January 25. 2007
Meeting Date: February 15, 2007
Ordinance 7, 2007 and Resolution 18, 2007
(or .71 acres) required by City Code for industrial zoned properties. Staff also notes that City
Code Section 78-3 13 requires 6,977 landscape points; whereas 8,825 landscape points have been
provided.
City Code Section 78-345 requires one parking space per 1000 square feet of industrial use and
one parking space per 250 square feet for office uses. The applicant is utilizing 60% of the total
square-footage (41,577 square-feet) to industrial use, while the remaining 40% (27,718 square-
feet) to be utilized as ancillary office use. Therefore, the total parking required for this site is
153 spaces, whereas, the applicant is proposing 155 parking spaces. The City Code allows
developments to exceed the minimum parking requirement by IO%, which in this case is equal to
15 additional parking spaces (168 spaces total permitted on-site). The number of proposed
parking spaces is within the maximuni parking spaces allowed per code. Therefore, the proposed
parking meets the minimum requirements of the City Code, and the applicant is not required to
obtain a waiver.
The applicant is not requesting a ground identification sign, but is requesting two principal tenant
signs 011 the second floor of the main building (building one). The signs are proposed on the
south and west elevations of building one. The principal tenant sign (the south elevation) will be
limited to a 36-inch letter height and 90 square feet in copy area. The second principal tenant
sign (the west elevation) will be limited to a 24-inch letter height and 90 square feet in copy area.
Section 78-285 allows one 36-inch letter height and 90 square feet of copy area for principal
tenant signs (3 percent of the affected building faCade or 90 square feet, whichever is the lesser).
Site L iglitifi,q
The applicant has provided a photometric plan in accordance with City Code and it is being
reviewed by staff for consistency.
The subject site lies directly north of the Thompson River and currently has iniprovenients
consisting of a building foundation pad and parking lot which used to be for the Covenant
Church. The draining improvements on-site will consist of inlets, pipes and a detention area to
provide water quality pretreatment and legal positive outfall (Thompson River) required by City
Code. The on-site storm water drainage system will be incorporated into on-site drainage areas
and will be treated for the required water quality volunie and storni attenuation in accordance
with the South Florida Water Management District (SFWMD).
CPTED Coniplicitice
The petitioner shall comply with the Crime Prevention through Environmental Design (CPTED)
principles recommended by the Police Department (Plense see conditiotis of ripprovul).
5
Wcrivevs
The applicant is requesting the following six waivers:
Waiver [CodeSection Discussion
Section 78-151 (d)
2’ of encroachment
Setback ad.jacent to
Residential District
(2b)
Landscape
B it fferiU t i I i t y
easement overlap
An additional
principal tenant sign
Section 78-285 r (Table 24)
(3)
(Table 24)
Two principal tenant
Section 78-508(b) r--- (4)
Section 78-427
Required
The minimum
setback for principle
structures abutting a
residential district
shall be 75’
Maximum 5’
encroachment
Maximum 5’
encroachment
One principal tenant
sign per building
Principal tenant
signs above the
second floor line
Maintain a minimum
1 SO-foot separation
from adjacent
driveways
Plat approved by
City Council
property prior to
building permit
Provided
65.1’
IS’ encroachment
7’ encroachment
Two principal
tenant signs, one the
south elevation and
one on the west
elevation
Two principal
tenant signs ab0j.e
the second floor line
102-foot separation
between proposed
driveways
Plat approved by
City Council prior
to first Certificate of
Occupancy
from the typical
residential setback
I
--+-Ti- 10‘ of encroachment
signs above the
second floor line
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 7, 2007 and Resolution 18, 2007
from the required
separation.
Approval of
building permits
without an approved
1) The applicant is requesting a waiver from City Code Section 78-151(d) to allow for a
setback of 65.1 feet for structures abutting a residential district, which is a reduction of
9.9 feet from the required residential setback adjacent to an industrial zoning district.
Please note that the abutting residentially zoned property is the 100-foot wide Thompson
River canal. When taking into account the 1 00-foot wide canal and the 65.1 -foot
building setback, there will be a 165.1 -foot setback between the nearest residential
property and the closest structure. Therefore, staff finds that this waiver meets the intent
of the residential setback regulations. Sfc~~recoriiri~enr(s Lipprowl.
2a) The applicant is requesting a waiver from City Code Section 78-306(d), which limits
utility easement encroachments of 5 feet into required landscape buffers. The applicant
is requesting a waiver to this City Code requirement for two separate encroachments.
The first part of the waiver is to allow all of a 15-foot utility easement to encroach into a
25-foot landscape buffer along the entire length of the west property line, which is along
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 7. 2007 and Resolution 18, 2007
Interstate 1-95. Staff notes that 1-95 is elevated along the entire length of this property.
The view of the subject property from the elevated highway is substantially limited.
Since there are no reductions in the amount of required landscape material with the
western landscape buffer adjacent to 1-95, it is staffs professional opinion that this
utility encroachment will not negatively affect the aesthetic character of the site from I-
95. Staff reconmetids approvd.
2b) The second part of the waiver is to allow a utility easement to encroach seven feet into a
15-fOOt landscape buffer adjacent to the southern property line. The utility easement
functions as a maintenance easement for the City to access the 1-95 right of way and
Thompson River Canal. Since the applicant has agreed to provide additional
landscaping with existing mature Live Oaks along the entire length of the southern
buffer, combined with the proposed six-foot wall, it is staffs professioiial opinion that
the southern property line will be adequately buffered. Stcrffrecotiziizeiicls cipprovcrl.
3) The applicant is requesting a waiver from City Code Section 78-285, Table 24, which
allows only one sign per tenant. It is staffs professional opinion that by allowing a sign
on the west elevation adjacent to 1-95 is consistent with previous waivers that have been
approved for properties that have frontage on 1-95. The signage should also be clearly
identifiable from the parking lot so that visitors of the corporate headquarters can
navigate efficiently to the building. Staff notes that the tenant adds value to the City’s
goal of economic development and for this reason; approval of a waiver for the second
principal tenant sign facing 1-95 is warranted. For reference purposes, staff notes that
the Pointe PUD was approved with a similar waiver. Stc@recoi?iiiieiids approvcil.
The applicant is requesting a waiver from City Code Section 78-285, Table 24, which
does not allow the location of tenant signs above the second floor line. Similar to waiver
#3, the applicant is requesting a clearly visible sign to 1-95 and one facing the parking lot.
Due to the height of the 1-95 overpass, any signagc below the second floor line would not
be visible. Staff also notes that it is customary for office and light industrial buildings to
require building identification signage above the first floor. St@f t-ecoiizinetzds approval.
The applicant is requesting a waiver from City Code Section 78-508(b), which requires a
1 50-foot separation between adjacent driveways. The proposed driveway configuration
is the result of revisions previously requested by the City’s Fire Rescue in order to
improve the circulation pattern on the site and allow adequate fire vehicle access. The
current configuration maintains the largest separation, while maintaining adequate access
and circulation. Staff finds that the waiver request is warranted based on the
improvements in traffic circulation and access. Stqfreconiineiicls qpt-owl.
The applicant is requesting a waiver to the timing of plat recordation. Section 78-427
requires that an applicant have an approved boundary plat prior to the issuance of a
building permit. The project is a TEPP and the requirement for plat recordation prior to
the issuance of a building permit is not consistent with the intent of the expedited process.
In order to streamline the lengthy process of platting the property, the applicant is
requesting that the plat be submitted prior to the issuance of the first building permit and
7
Date Prepared: February 2, 2007
Meeting Date: March I, 2007
Ordinance 7. 2007 and Resolution 18. 2007
approved prior to the issuance of a Certificate of Occupancy (CO). Staff supports the
waiver with conditions (Please see coiiclitioiis qf tippi.oval) that will ensure a plat is
approved prior to CO. Stufrecoiiinieiitls upprovd.
SUMMARY OF PLANNING, ZONING, AND APPEALS BOARD COMMENTS
The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public
hearing on January 23, 2007, and voted 7 to 0 to recommend approval to the City Council. The
PZAB cominetided the design of the proposed project, but raised a concern relative to the
industrial impacts to the residential district adjacent to the subject parcel. Staff notes the
fo 1 1 ow i ng :
Tlic rippliciitit hcis revised the plans to increase the height of the ~~i11 dong the soirtlierti property
liiicj IO 8 feel. Stuff hcis cilso inclzrdecl cr conditioii of qp.ovnl pi-ohihitiiig “Aiitoiizohile Repair,
Gcwcv-ril”, “Airto Sei-vice Statioii aiid Minor Repuirs”, “Motorcycle Sales tintl Service”,
‘4 ii~o/Ti*iick Boci)? Repair Shop”, and “Boat Repcrir ’’ uses nloiig with those tliiit nre prohibited in
tlici MIA xiiiiig district. It is staff’s professioticil opitiioii tlicit rtiisitig the heiglit of the wall will
iiici-cwx tlie /evci/ qf pt-ivricy ajjfort/er/ to the resicleiits qf Plcit 5 riiii~ t-e(/iice tioise iinpiicts froiiz
the subject prrrcel. The liiiiitatioii of uses will fiirtliei, eiilicitice the protectioiz cifordetl to the
s ii i-roi 111 r lit ig resit let1 ts.
ECONOMIC DEVELOPMENT ADVISORY BOARD
On February 8, 2007, the Economic Development Advisory Board voted 5-0 to endorse the
prqjcct as an economic development initiative.
CITY COUNCL
On February 15, 2007, the City Council voted 5-0 to pass Ordinance 7, 2007 onto second
readi n g.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 7, 2007 and Resolution 18, 2007 with the six waivers
and conditions provided therein.
8
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 7, 2007 and Resolution 18, 2007
TABLE 1
EXISTING ZONING AND LAND USE DESIGNATIONS
EXISTING USE
Subiect Property
Vacant
North
Fine Building Warehouse
and
North County Surgicenter
South
Plat 5
and
Thompson River Canal
West
1-95
East
DiVosta and Company
ZONING
~~
Light Industrial (MIA)
Light Industrial (MIA)
and
Professional and Office
(PO)
Residential Low Density -3
(RL3 1
Right of Way
Light Industrial (MIA)
LAND USE
Industrial
Industrial
and
Commercial
Residential Low
Right of Way
Industrial
9
Date Prepared: January 25, 2007
Meeting Date: February IS, 2007
Ordinance 7. 2007 and Resolution 18, 2007
Site =
Minimum Site Width
100 feet:
Maximum Building Lot
Coverage: 60%
Maximum Building Height:
50 feet
Setbacks:
Front: 25 feet
Side: 15 feet*
TABLE 2
542 feet
22.4%
50 feet
Front: 25.8 feet
Side (SI*: 65.9 feet
CONSISTENCY WITH THE CODE
Code Requirement I Proposed Pian
Side Street: 15 feet
Rear: 20 feet
*75 feet when industrial
abuts a residential zoning
district
\I
Side (N): 15 feet
Rear: 34.8 feet
Parking Required: 153
Parking Allowed: 168 155 spaces
Consistent?
Yes
Yes
Yes
No (Waiver for the
Side setback adjaceni
to a residential
district)
Yes
10
VIA HAND DELIVERY
December 15,2006
Ms. Kara L. Irwin
City of Palm Beach Gardens
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, FL 33410
Re: Gardens Commerce Center / Thies Distributing
Dear Ms. Irwin:
Pursuant to our meeting on December 6th, we are pleased to announce the relocation
plans of Thies Distributing to the proposed Gardens Commerce Center project. Please
find attached a letter from the Business Development Board (BDB) endorsing the
company's intent to establish a "corporate home" in the City of Palm Beach Gardens and
requesting that the project be approved for the City's Targeted Expedited Permitting
Program (TEPP). As stated in the BDB letter, the company's leases on two facilities are
expiring and the ability to provide a new building in a timely manner is essential to Thies
Distributing's continued growth in Palm Beach County.
The plans for Gardens Commerce Center have been updated to accommodate the
Thies Distributing relocation and are enclosed for your review. A new waiver request is
also enclosed.
Additionally, please find attached for your files an updated owner's authorization form
naming Johnston Group Land Development Consultants, Inc. as project agent.
Accordingly, please direct all future correspondence pertaining to the project to this
off ice.
If you have any questions or require additional information, please do not hesitate to
contact me at your convenience.
President
cc: Ms. Dolores Key, ED Coordinator (via fax)
RPBGI, LLC
c/o Pishon Partners, LLC
505 South Flagler Drive, Suite 1002
West Palm Beach, FL 33401
(561) 655-4441
December 1, 2006
Subject: Owners Authorization
Gardens Commerce Center
10415 Riverside Drive
To whom it may concern:
I, Glenn E. Straub, managing member of Pishon Partners, LLC, manager of RPBGl,
LLC, owner of the above-referenced parcel, hereby authorize the firm of Johnston
Group Land Development Consultants, Inc. to act as our agent to file and process
all necessary development approval and permit applications for the subject parcel.
If you have any questions or require additional information, please do not hesitate
to contact me at (561) 655-4441.
Since re1 y ,
Glenn E. Straub
Managing Member
Gardens Commerce Park I Thies Distributing
Palm Beach Gardens
1211 512006
GARDENS COMMERCE PARK / THIES DISTRIBUTING
WAIVER REQUESTS
Waiver Request 1 - Setback Adjacent to Residential District
SECTION 7&344(1)1a
The Applicant is requesting a waiver from the required minimum setback adjacent to a
residential district for an industrial use. According to the City’s Land Development
Regulations (LDR’s), the required side setback for an industrial property adjacent to a
residential property is 75 feet. The Applicant believes this requirement is intended for
industrial properties that directly abut a residential property. This property is unique in that
along the south side of the property there exists a 100’ wide canal that separates the subject
property and the residential neighborhood to the south. The Applicant is requesting a waiver
to allow for a reduction in the setback adjacent to residential use from 75’ to 65.1’. It should
be noted that over 165.1 feet of separation will exist between the existing residential and the
closest proposed industrial building.
Waiver Request 2 -Landscape Buffer I Easement Overlap along 1-95
The Applicant is requesting a waiver to allow the Code-required 25’ landscape buffer on the
west side of the property to encroach into the existing utility easement by an additional 10
feet beyond the Code maximum of 5 feet. 1-95 is elevated along the entire length of the west
property line, to which this buffer is adjacent. The elevation of the highway in relation to the
subject property substantially limits the view into the site from the interstate and entirely limits
the view of the &foot buffer from 1-95. The Applicant is requesting an encroachment into
the easement of 15 feet. There is no proposed reduction in the amount of required
landscape material within the 25’ buffer area.
SECTION 7&306(d)
Waiver Request 3 - Landscape Buffer I Easement Overlap along South Property Line
The Applicant is requesting a waiver to allow the Code-required 15’ landscape buffer on the
south side of the property to encroach into the existing utility easement by an additional two
(2) feet beyond the Code maximum of 5 feet. Since the site is adjacent to a 100’ wide canal,
there is a significant amount of open space between the subject site and the residential
neighborhood to the south. In addition, the Applicant has agreed to provide additional
supplemental landscaping with existing mature live oaks being placed within this buffer along
the length of the south property line. The significant distance between the subject property
and the residential neighborhood, combined with the proposed wall and supplemental
plantings, will provide buffering in excess of that which is typically required by the LDR’s.
There is no proposed reduction in the amount of required landscape material within the 15’
buffer area.
SECTION 7&306(d)
Waiver Request 4 - Increased Number of Parking Spaces
The Applicant is requesting an increase in the required number of parking spaces to allow a
total of 157 spaces; eight (8) spaces beyond the maximum threshold of 110% of the
minimum number of required spaces. This request is made to adequately accommodate the
parking needs of Thies Distributing which is anticipated to employ over 100 employees at this
facility. As required by Section 78-345(d)(4), the Applicant is providing additional open
pervious space at a ratio of 1.5 square feet for each additional square foot of paved parking
and vehicular circulation area.
SECTION 7&345(d)
MILITARY TRAlL
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104 15 &versicle Drive
COMMERCE CENTER \ /
AA 0003 II 1 3233 coriinierce place, suite I,
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Date Prepared: January 25,2007
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ORDINANCE 7,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO REZONING; REZONING
A PARCEL OF LAND CONSISTING OF 4.45 ACRES, LOCATED ON
THE WEST SIDE OF RIVERSIDE DRIVE, EAST OF INTERSTATE 95,
NORTH OF PLAT 5, AND APPROXIMATELY 300 FEET SOUTH OF
BURNS ROAD, AS DESCRIBED MORE PARTICULARLY HEREIN,
FROM LIGHT INDUSTRIAL (M-1A) TO PLANNED UNIT
DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING
OF LIGHT INDUSTRIAL (M-IA) TO BE KNOWN AS THE GARDENS
COMMERCE CENTER PUD; PROVIDING FOR REVISIONS TO THE
ZONING DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City received petition PUD-06-03-07 from Ryan Johnston of the
Johnston Group Land Development Consultants, Inc., on behalf of Riverside Development,
LLC, for an approval of the Gardens Commerce Center Planned Unit Development (PUD)
to allow for the development of three buildings consisting of 69,295 square feet of light
industrial and accessory office uses on a 4.45-acre parcel, which is located on the west
side of Riverside Drive, east of Interstate 95, north of Plat 5, and approximately 300 feet
south of Burns Road, as more particularly described herein; and
WHEREAS, the subject site is currently zoned Light Industrial (M-IA) and has a
land-use designation of Industrial (I); and
WHEREAS, the Growth Management Department has reviewed said petition, has
determined that it is sufficient, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on
January 23,2007, and has recommended approval of the rezoning to the City Council with
a vote of 7-0; and
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered to
consider petitions related to zoning and land development orders; and
WHEREAS, the City Council has considered the evidence and testimony presented
by the Petitioner and other interested parties and the recommendations of the various City
of Palm Beach Gardens and Palm Beach County review agencies and staff; and
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Date Prepared: January 25, 2007
Ordinance 7, 2007
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interests of the citizens and residents of the City of Palm Beach Gardens, Florida;
and
WHEREAS, the City Council has determined that this Ordinance is consistent with
the City's Comprehensive Plan based on the following findings of fact:
1. The proposed rezoning of Planned Unit Development (PUD) Overlay with an
underlying zoning of Light Industrial (M-IA) is consistent with the future land-
use designation of Industrial (I).
2. The proposed rezoning is in harmony with the general purpose and intent of
the Comprehensive Plan and the Land Development Regulations, and is
compatible with the intensity and density of the surrounding, existing, and
future land uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The zoning of the following-described property is hereby changed from
M-1A to PUD with an underlying zoning of M-IA:
LEGAL DESCRIPTION
GARDENS COMMERCE CENTER
BEGINNING THE QUARTER CORNER ON THE WEST LINE OF SECTION 7,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, RUN
DISTANCE OF 61 9.62 FEET TO THE INTERSECTION OF SAID QUARTER SECTION
NORTH 89"57'00" EAST, ALONG THE EAST-WEST QUARTER SECTION LINE A
LINE AND THE CENTER-LINE OF RIVERSIDE DRIVE; THENCE SOUTH IO"33'45" EAST
ALONG THE CENTER-LINE OF SAID RIVERSIDE DRIVE A DISTANCE OF 236.00 FEET
TO THE POINT OF CURVATURE OF RIVERSIDE DRIVE; THENCE CONTINUE ALONG
CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 512.28 FEETTHROUGH
A CENTRAL ANGLE OF 11 "25'48" A DISTANCE OF 102.20 FEET; THENCE SOUTH
OF RIVERSIDE DRIVE AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH
THE CENTER-LINE OF RIVERSIDE DRIVE AS SAID CENTER-LINE FORMS A CURVE
89"57'00" WEST, A DISTANCE OF 32.20 FEET TO THE WEST RIGHT-OF-WAY LINE
89"57'00" WEST, A DISTANCE OF 51 1.90 FEET TO THE EAST RIGHT-OF-WAY LINE
OF 1-95; THENCE SOUTH ALONG THE RIGHT-OF-WAY LINE OF 1-95, WHICH
DESCRIBES A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3969.83
FEET HAVING A CENTRAL ANGLE OF 01 "27'54" A DISTANCE OF 101 50 FEET TO
THE POINT OF TANGENCY OF THE CURVE; THENCE SOUTH OO"13'45" WEST
ALONG THE WEST RIGHT-OF-WAY LINE OF 1-95 A DISTANCE OF 179.95 FEET TO
THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF 1-95 WITH THE NORTH
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Date Prepared: January 25,2007
Ordinance 7, 2007
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RIGHT-OF-WAY LINE OF THOMPSON RIVER AS SHOWN ON PLAT NO. 5 OF THE
CITY OF PALM BEACH GARDENS, AS RECORDED IN PLAT BOOK 27, PAGE 95,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'47'45"
EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 248.53 FEET TO
THE POINT OF CURVATURE OF THE NORTH RIGHT- OF-WAY LINE OF THOMPSON
RIVER; THENCE ALONG THE SAID RIGHT- OF-WAY LINE WHICH DESCRIBES A
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1564.34 FEET
THROUGH A CENTRAL ANGLE OF 23'22'02" A DISTANCE OF 637.99 FEET; THENCE
NORTH 33'53'49" EAST ALONG THE SOUTHWESTERLY PROLONGATION OF THE
NORTHWEST RIGHT-OF-WAY LINE OF BUCKEYE STREET A DISTANCE OF 43.91
FEET TO THE SOUTHWESTERLY RIGHT-OFLWAY LINE OF RIVERSIDE DRIVE;
THENCE NORTH 56'06'1 1" WEST, ALONG SAID RIGHT-OF-WAY LINE A DISTANCE
OF 212.66 FEET TO THE POINT OF CURVATURE OF SAID RIGHT-OF-WAY LINE;
THENCE CONTINUE ALONG THE SAID SOUTHWESTERLY RIGHT-OF-WAY WHICH
DESCRIBES A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 542.28
FEET THROUGH A CENTRAL ANGLE OF 35'22'55" A DISTANCE OF 334.87 FEET TO
THE POINT OF BEGINNING. ALL BEING THE NORTH HALF OF THE SOUTHWEST
QUARTER OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST.
CONTAINING 69,295 SQUARE FEET OR 4.45 ACRES, MORE OR LESS.
SECTION 2. The City Manager is hereby authorized and directed to make
appropriate changes on the zoning district map of the City to effectuate the purpose of this
0 rd i nance .
SECTION 3. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 25,2007
Ordinance 7, 2007
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PASSED this day of f&g v&KY , 2007, upon first reading.
PASSED AND ADOPTED this day of ,2007, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attomey-shae\ORDINANCES\gadens commerce center rezoning - ord 7 2007.d~
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RESOLUTION 18,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE GARDENS
COMMERCE CENTER PLANNED UNIT DEVELOPMENT (PUD) TO
ALLOW THE DEVELOPMENT OF THREE BUILDINGS CONSISTING
OF 41,577 SQUARE FEET OF LIGHT INDUSTRIAL USE AND
27,718 SQUARE FEET OF ACCESSORY PROFESSIONAL OFFICE
USE ON A 4.45-ACRE PARCEL, AS DESCRIBED MORE
PARTlC U LARLY HEREIN; PROVIDING FOR WAIVERS; PROVIDING
FOR CONDITIONS OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City received a request from Ryan Johnston of the Johnston
Group Land Development Consultants, Inc., on behalf of Riverside Development, LLC,
for an approval of the Gardens Commerce Center Planned Unit Development (PUD) to
allow for the development of three buildings consisting of 41,577 square feet of light
industrial use and 27,718 square feet of accessory professional office use on a 4.45-
acre parcel, which is located on the west side of Riverside Drive, east of Interstate 95,
north of Plat 5, and approximately 300 feet south of Burns Road, as more particularly
described herein; and
WHEREAS, the subject site has been rezoned by Ordinance 7, 2007 to a
Planned Unit Development (PUD) overlay with an underlying zoning of Light Industrial
(M-IA). The subject site has a future land-use designation of Industrial (I); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended its approval; and
WHEREAS, the Business Development Board and the City’s Economic
Development Manager have endorsed the Gardens Commerce Center project as part
of the Targeted Expedited Permitting Process (TEPP); and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
its January 23, 2007, public hearing and recommended its approval by a vote of 7-0;
and
Date Prepared: January 25, 2007
Date Prepared: January 25, 2007
Resolution 18, 2007
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WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is
in the best interests 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 recitals are hereby affirmed and ratified.
SECTION 2. The Planned Unit Development (PUD) amendment application of
Ryan Johnston of the Johnston Group Land Development Consultants, Inc., on behalf
of Riverside Development, LLC, for an approval of the Gardens Commerce Center
Planned Unit Development (PUD), to allow for the development of three buildings
consisting of 41,577 square feet of light industrial use and 27,718 square feet of
accessory professional office use on a 4.45-acre out parcel, which is located on the
west side of Riverside Drive, east of Interstate 95, north of Plat 5, and approximately
300 feet south of Burns Road, subject to the conditions of approval contained herein,
which are in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION
GARDENS COMMERCE CENTER
BEGINNING THE QUARTER CORNER ON THE WEST LINE OF SECTION 7,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, RUN
DISTANCE OF 61 9.62 FEET TO THE INTERSECTION OF SAID QUARTER SECTION
NORTH 89'57'00" EAST, ALONG THE EAST-WEST QUARTER SECTION LINE A
LINE AND THE CENTER-LINE OF RIVERSIDE DRIVE; THENCE SOUTH 10'33'45''
EAST ALONG THE CENTER-LINE OF SAID RIVERSIDE DRIVE A DISTANCE OF
CONTINUE ALONG THE CENTER-LINE OF RIVERSIDE DRIVE AS SAID CENTER-
236.00 FEET TO THE POINT OF CURVATURE OF RIVERSIDE DRIVE; THENCE
LINE FORMS A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS
OF 512.28 FEET THROUGH A CENTRAL ANGLE OF 11'25'48" A DISTANCE OF
102.20 FEET; THENCE SOUTH 89'57'00" WEST, A DISTANCE OF 32.20 FEET TO
BEGINNING; THENCE CONTINUE SOUTH 89'57'00" WEST, A DISTANCE OF 51 1.90
THE WEST RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE AND THE POINT OF
FEET TO THE EAST RIGHT-OF-WAY LINE OF 1-95; THENCE SOUTH ALONG THE
RIGHT-OF-WAY LINE OF 1-95, WHICH DESCRIBES A CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 3969.83 FEET HAVING A CENTRAL ANGLE OF
01'27'54" A DISTANCE OF 101.50 FEET TO THE POINT OF TANGENCY OF THE
CURVE; THENCE SOUTH 00'13'45" WEST ALONG THE WEST RIGHT-OF-WAY
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Date Prepared: January 25, 2007
Resolution 18, 2007
LINE OF 1-95 A DISTANCE OF 179.95 FEET TO THE INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF 1-95 WITH THE NORTH RIGHT-OF-WAY LINE OF
THOMPSON RIVER AS SHOWN ON PLAT NO. 5 OF THE CITY OF PALM BEACH
GARDENS, AS RECORDED IN PLAT BOOK 27, PAGE 95, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'47'45'' EAST ALONG SAID
NORTH RIGHT-OF-WAY LINE A DISTANCE OF 248.53 FEET TO THE POINT OF
CURVATURE OF THE NORTH RIGHT- OF-WAY LINE OF THOMPSON RIVER;
THENCE ALONG THE SAID RIGHT- OF-WAY LINE WHICH DESCRIBES A CURVE
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1564.34 FEET THROUGH
A CENTRAL ANGLE OF 23'22'02" A DISTANCE OF 637.99 FEET; THENCE NORTH
33'53'49" EAST ALONG THE SOUTHWESTERLY PROLONGATION OF THE
NORTHWEST RIGHT-OF-WAY LINE OF BUCKEYE STREET A DISTANCE OF 43.91
FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE;
THENCE NORTH 56'06'1 1" WEST, ALONG SAID RIGHT-OF-WAY LINE A DISTANCE
OF 212.66 FEET TO THE POINT OF CURVATURE OF SAID RIGHT-OF-WAY LINE;
THENCE CONTINUE ALONG THE SAID SOUTHWESTERLY RIGHT-OF-WAY
WHICH DESCRIBES A CURVE CONCAVE TO THE NORTHEAST, HAVING A
RADIUS OF 542.28 FEET THROUGH A CENTRAL ANGLE OF 35'22'55" A
DISTANCE OF 334.87 FEET TO THE POINT OF BEGINNING. ALL BEING THE
NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 42
SOUTH, RANGE 43 EAST.
CONTAINING 69,295 SQUARE FEET OR 4.45 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida
hereby approves the following six (6) waivers:
1.
2.
3.
4.
5.
6.
Section 78-1 51 (d), Setbacks adjacent to residential zoning districts, to allow
a 65.1 foot setback adjacent to the residentially zoned Thompson River.
Section 78-306(d), Landscape buffer/utility easement encroachment, to
allow an additional 10 feet of encroachment on the west property line and 2
feet of encroachment on the south property line.
Section 78-285, Permitted signs, to allow for two signs located above the
second-floor I i ne.
Section 78-285, Permitted signs, to allow for one additional principal tenant
sign.
Section 78-508(b), Separation of driveways, to allow a proposed driveway
that has a 102-foot separation from an existing driveway.
Section 78-427, Timing of plat recordation, to allow the plat to be approved
prior to the issuance of the first Certificate of Occupancy.
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Date Prepared: January 25, 2007
Resolution 18, 2007
SECTION 4. This approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
Planninq and Zoninq
1.
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4.
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8.
In addition to the uses prohibited in Section 78-159, Permitted, Conditional,
and Prohibited Use Chart for the Light Industrial zoning district, the
following uses shall also be prohibited: “Automobile Repair, General,” “Auto
Service Station and Minor Repairs,” “Motorcycle Sales and Service,”
Autoflruck Body Repair Shop,” and “Boat Repair”. (Planning & Zoning)
Prior to the issuance of the first building permit, the Applicant shall post
escrow or make payment in lieu for Art in Public Places in accordance with
the City Code. If the Applicant is proposing art on site, an application for
art approval shall be submitted prior to the issuance of the first building
permit for vertical construction, and the art shall be approved prior to the
issuance of the first Certificate of Occupancy. If the art is not approved
prior to the issuance of the first Certificate of Occupancy, the City shall
have the option of withdrawing the escrow. (Planning & Zoning)
At no time shall staging of construction vehicles and/or service vehicles
occur within a public right-of-way. (Planning & Zoning)
Prior to the issuance of the first building permit for vertical construction, the
Applicant shall install a six-foot tall construction fence with a privacy tarp
around south, east, and north property lines. (Planning & Zoning)
Prior to the issuance of the first building permit for signage, the Applicant shall
submit a master signage program for the City Council’s review and approval.
(Planning & Zoning)
All on-site lighting shall be cast downward and shielded from adjacent
residential properties. This includes any interior building lights within building
three. (Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy, all on-site lighting
shall be installed and consist of metal halide or equivalent lighting approved by
the Police Department. (Planning & Zoning)
Prior to the issuance of a Certificate of Occupancy for each building, each
building shall screen all roof mechanical equipment from view. This
includes views from 1-95 and consists of a horizontal line of sight.
(Planning & Zoning)
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IO.
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12.
Date Prepared: January 25, 2007
Resolution 18, 2007
Prior to the issuance of the first Certificate of Occupancy, the Applicant
shall submit the property owners association documents for the City
Attorney’s review and approval. These property owners association
documents shall reflect unity of control for all common areas within the
PUD, including, but not limited to, parking, landscaping, and drive aisles.
(Planning & Zoning, City Attorney)
Prior to the issuance of the first building permit for vertical construction, the
Applicant shall submit a plat for review. Prior to the issuance of the first
Certificate of Occupancy, the Applicant shall have a plat for the subject
property approved by the City Council. No conveyance of any portion of
the property shall occur prior to Council approval of the plat. (Planning &
Zoning )
The permitted uses shall consist of light industrial (41,577 square feet) and
accessory professional office (27,718 square feet). The on-site accessory
professional office uses shall not exceed 27,718 square feet, unless a
traffic impact analysis is reviewed and approved by the City Engineer and
Palm Beach County; and adequate parking is provided for, consistent with
the City Code. (Planning & Zoning)
The Applicant shall submit a tabular summary that includes each tenant
and the square footages for all uses on site. This summary shall be
updated and submitted each time an interior tenant renovation permit and
occupational license are submitted to the City for review and approval.
(Planning & Zoning)
City Engineer
13. Prior to the issuance of the Certificate of Occupancy, a public access
easement shall be granted for all public sidewalks within the property
boundary. (City Engineer)
14. Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide written authorization from the
appropriate utility companies (easement holders) allowing landscaping
within their respective existing and/or proposed easements. (City
Engineer)
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16.
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22.
Date Prepared: January 25, 2007
Resolution 18, 2007
Prior to the issuance of the first land alteration permit, the Applicant shall
provide a cost estimate for public infrastructure, landscaping, and irrigation.
The cost estimate shall be signed and sealed by an engineer and
landscape architect registered in the State of Florida. The cost estimate
shall be based on 110% of the total combined approved cost estimates and
shall be posted with the City prior to the issuance of the first building
permit. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide cost estimates in accordance
with LDR Sections 78-309 and 78-461 and for on-site project
improvements, not including public infrastructure, or landscaping and
irrigation costs for review and approval by the City. The cost estimates
shall be signed and sealed by an engineer and landscape architect
registered in the State of Florida and shall be posted with the City prior to
the issuance of the first land alteration permit. (City Engineer)
The Applicant shall comply with all Federal Environmental Protection
Agency and State of Florida Department of Environmental Protection permit
requirements for construction activities. (City Engineer)
Prior to construction plan approval, the Applicant shall schedule a pre-
permit meeting with City staff. (City Engineer)
The Applicant shall furnish to the City copies of all complete permit
applications, certifications, and approvals for the project to and from all
regulatory agencies. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
submit signed, sealed, and dated construction plans (paving, grading &
drainage, and water & sewer) and all pertinent calculations for review and
comment. (City Engineer)
The construction, operation, and/or maintenance of any elements of the
subject project shall not have any negative impacts on the existing drainage
of surrounding areas. If at any time during the project development it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the Applicant’s
responsibility to cure said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
Eng i nee r)
The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
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Date Prepared: January 25, 2007
Resolution 18, 2007
23.The build-out date for Gardens Commerce Center shall be December 31,
2008, unless extended per City Code Section 78-61. (City Engineer)
Citv Forester
24.
25.
26.
27.
28.
29.
30.
The Applicant shall coordinate and receive approval from the Growth
Management Administrator prior to the closing of any public sidewalk. (City
Forester)
Prior to the issuance of the first Certificate of Occupancy, the Applicant
shall install all required buffer plantings in accordance with the approved
landscape plan. (City Forester)
Prior to the issuance of any land alteration permits, the Applicant shall
provide the City with the opportunity to remove and utilize for public use
any vegetation which will not be used in the future landscaping on the site.
(City Forester)
A public access easement along Riverside Drive shall be dedicated on the
plat, and the maintenance and utility easement on the south property line
shall be vacated on the plat. (City Forester)
Prior to the first land alteration permit, funds shall be placed in escrow or a
surety bond provided for an amount equal to 110% of the estimated cost for
I a ndsca pi n g . (City Forester)
Prior to the first Certificate of Occupancy, the Applicant shall be
responsible for installing landscaping and irrigation along the Riverside
Drive right-of-way road shoulder adjacent to the property in accordance
with the approved landscape plan. (City Forester)
The Applicant shall be responsible for maintaining the landscaping and
irrigation along Riverside Drive right-of-way road shoulder adjacent to the
property. (City Forester)
Seacoast Utilities
31.
32.
33.
Prior to the issuance of the first building permit, the Applicant shall provide a
30-fOOt wide easement between the 1-95 right-of-way and Building one,
south to the change in direction of the sewer line. (SUA)
Prior to the issuance of the first building permit, the Applicant shall apply for
the proper permits to relocate the sewer line. (SUA)
The Applicant shall provide vehicular access for Seacoast Utilities over the
sewer line adjacent to 1-95 right-of-way. (SUA)
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Date Prepared: January 25, 2007
Resolution 18, 2007
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Police Department
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Prior to the issuance of the first Certificate of Occupancy, lighting locations
and building addresses shall not conflict with landscaping, including long-
term tree canopy growth. (Police Department)
Prior to the issuance of the first Certificate of Occupancy, the Applicant
shall provide a timer clock or photocell sensor engaged lighting above or
near entryways and adjacent sidewalks. (Police Department)
Prior to the issuance of the first building permit, the Applicant shall provide a
street address system depicting street names and numerical addresses for
emergency response purposes. Address system depiction shall be in 8.5 x
1 1” map format. (Police Department)
Prior to the issuance of the first building permit, the Applicant shall submit a
construction site security and management plan for review and approval by
the Police Department. Non-compliance with the approved security and
management plan may result in a stop-work order for all construction
activities. (Police Department)
Prior to issuance of the Certificate of Occupancy for each building, the
numerical address shall be placed on the front elevation. Each numerical
address shall be illuminated for nighttime visibility, shall provide bi-
directional visibility from the roadway (when applicable), shall consist of 8
inches in height, and shall be a different color than the color of the surface
to which they are attached. (Police Department)
Miscellaneous
39. Prior to the issuance of the Certificate of Occupancy, digital files of the
approved plat shall be submitted to the Planning and Zoning Division, and
approved civil design and architectural drawings, including floor plans, shall be
submitted prior to the issuance of the first Certificate of Occupancy. (GIs
Manager, Development Compliance Officer)
40. The Applicant shall notify the City’s Public Works Division via fax at least
10 working days prior to the commencement of any work/construction
activity within any public right-of-way within the City of Palm Beach
Gardens. In the case of a City right-of-way, the Applicant has at least five
working days to obtain a right-of-way permit. Right-of-way permits may be
obtained at the Building Division. Failure to comply with this condition
could result in a stop-work order of all workkonstruction activity within the
public right-of-way and the subject development site. (Public Works)
8
Date Prepared: January 25, 2007
Resolution 18, 2007
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SECTION 5. This Planned Unit Development (PUD) amendment approval shall
be constructed in compliance with the following plans on file with the City’s Growth
Management Department:
1.
2.
3.
4.
5.
Gardens Commerce Center Site Plans and Detail Plans, Sheets 1 through
4 of 6, by Cotleur and Hearing, Inc., last revised on January 25, 2007, and
received and stamped by the City on January 26, 2007.
Gardens Commerce Center Landscape Plans, Sheets 5 through 6 of 6, by
Cotleur and Hearing, Inc., last revised on January 25, 2007, and received
and stamped by the City on January 26, 2007.
Gardens Commerce Center Architectural Elevations, Floor Plan, Roof Plan,
and Electrical Site Plan, Sheets AI .I .a, AI .I b, AI .I c, AI .2, AI .3a, AI .3b,
A3.1, A3.2, and A3.3 by Tercilla Courtemanche Architects, last revised on
January 25, 2007, and received and stamped by the City on January 26,
2007.
Gardens Commerce Center Photometric Plan, Sheet SL-1 , by Cotleur and
Hearing, Inc., last revised on February 9, 2007, and received and stamped
by the City on February 13, 2007.
Gardens Commerce Center Boundary Survey, sheet RPBGI, by Lidberg
Land Surveying, Inc., last revised on December 15, 2006, and received and
stamped by the City on December 29, 2006.
SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption
(The remainder of this page left intentionally blank)
9
Date Prepared: January 25, 2007
Resolution 18, 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT --
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE ---
G:\attorney-share\RESOLUTlONS\gardens commerce center - reso 18 2007.d~
10
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 29,2007
Meeting Date: March 1,2007
Ordinance 8,2007 / LDRA-07-01-000012
SubjedAgenda Item:
Ordinance 8, 2007/Petition LDRA-07-01-000012: Amendment to the Land Development
Regulations Relating to Height Restrictions
First Reading: A City-initiated request to amend the Palm Beach Gardens Land Development
Regulations providing limitations to height waivers for single-family and multi-family residential
buildings.
[XI Recommendation to APPROVE
1 Recommendation to DENY
Reviewed by:
City Attorney
Christine Tatum 4
Development
Compliance N/A
Bahareh KeshavartWolfs,
AICP
Growth Manag
Administrator
Kara L. Irwin, A.I.C.P.
Originating Dept.: E-"':
KaraInvin
Adminis$ator
Growth Management
Action:
[ ]Quasi-judicial m] Legislative
[ ] PuMicHearing
Advertised:
Date:
Paper:
[I Required
[XI NotRequired
FINANCE: N/A
cost% $3
Total
$3
Current FY
Funding Source:
Budget Ac&#
N/A
City Council Action:
[ ] App. wl conditions
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ]Rec.Denial
[ 1Continuedto:-
]Approved
[ ]Denied
Attachments:
ordinance8,2007
Date Prepared: January 29,2007
Meeting Date: March 1,2007
Ordinance 8,2007
Page 2 of 10
BACKGROUND
During the December 7,2006, City Council meeting, David Barth, of Glatting Jackson, presented the
final report from the Interactive Planning Session that evaluated ‘Height Issues’ for future
development and redevelopment in the City of Palm Beach Gardens. The Interactive Planning
Session (Session) was held in the City Council Chambers on Wednesday, October 25, 2006 and
Wednesday, November 1 , 2006. David Barth and Allison Cmic, of Glatting Jackson, facilitated the
Session on behalf of the City.
The report for the Charrette documented input from all of the residents present at the meeting and the
facilitator reported on consensus items that were expressed during each of the two evenings. There
were several items related and unrelated to height, which repeatedly arose at each meeting that
residents reported were important to maintain in future development and redevelopment. Overall,
one of the major consensus points brought up during the Planning Session involved limitations on
strictly residential areas within the City to low-rise buildings. Many residents were concerned about
the possibility of height waivers allowing high-rise buildings within adjacent residential areas.
In response to this concern, staff is providing a draft ordinance to the City’s Land Development
Regulations (LDRs) that would provide for limits to height waivers for single and multi-family
residential buildings in all zoning districts in the City. The City’s LDRs only permit height waivers for
residential buildings within Planned Unit Development (PUD) Overlays and Planned Community
District (PCD) Overlays. The amendment prohibits waivers to the height restrictions in excess of
25% of the height limit where height is measured in feet and no higher than one additional story
where height is regulated by number of stories. Currently, residential uses are limited to four stories
within the Mixed-Use land use category, but no maximum height limit has been established within the
Code. The City’s Comprehensive Plan does not permit height waivers for residential development
within a Mixed-Use land use designation, which has been verified within the current amendment and a
maximum height has been proposed consistent with the maximum height established within the
Residential High (RH) zoning district.
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
Currently, the following amendments are proposed to the City’s Land Development Regulations to
provide for limitation to height waivers for single-family and multi-family residential buildings.
Section 78-158, Code of Ordinances, entitled “Waivers to planned development district
regulations” is hereby amended to read as follows:
S~C. 78-158. Waivers to planned development district requirements.
(a) Ptrrpose and intent. The purpose and intent of this section are to encourage applicants for
planned development, PUD, and; PCD; approval to propose residential and nonresidential projects
that are innovatke, creative, and utilize planning, design, and architectural concepts that will be of
benefit to the city. The use of innovative and creative techniques and concepts may require one or
Date Prepared: January 29,2007
Meeting Date: March 1,2007
Ordinance 8,2007
Page 3 of 10
more waivers to the development standards applicable to such projects. The city council may grant
one or more of the requested waivers, provided community benefits such as architectural design,
pedestrian amenities, preservation of environmentally-sensitive lands, provision of public parks and
open space, or mixed uses which reduce impacts on city services are demonstrated.
(b) Waiverspermitted An application for development order approval for a PUD or PCD may
include a request for waiver of one or more requirements of this chapter. Requests for waivers shall
comply with the requirements contained herein. For the purpose ofthis section, a waiver is defhed as
a reduction in a development standard or other land development requirement normally required by
this chapter.
(c) Purpose and intent. The purpose and intent of this section are to encourage the use of PUDs
and PCDs, as provided in sections 78-1 54 and 78-1 55, in order to achieve the benefits to the city and
the property owner as described in those sections.
(d) Prohzbzted waivers. The waivers listed below shall not be granted by the city council.
(1) A waiver fiom the requirements of division 2 of article V, establishing the PGA overlay
district.
(2) A waiver fiom the minimum requirements for preservation of environmental sensitive lands as
provided in division 4 of article V.
(3) A waiver from any requirement associated with the city's concurrency management
requirements established in division 3 of article 111.
(e) Grant of wazvers. Waivers fiom requirements applicable to planned developments, including
PUDs and PCDs, shall be granted by the city council, following an advisory recommendation by the
planning, zoning, and appeals board.
(f)
indicated in Table 20.
Waivers established For the purposes of this section, the city council may grant waivers as
[The remainder of this page intentionally left blank]
Date Prepared: January 29,2007
Meeting Date: March 1,2007
Ordinance 8,2007
Page 4 of 10
Building Height (as limited by Sec. 78-1 84)
Sign Regulations
Landscaping
Open Space
Standards Applicable to Planned Developments, PUDs, and PCDs
Architectural and Design Standards
Engineering Standards
Permitted Uses within PUD or PCD
Development Standards Applicable to Permitted and Conditional Uses
Minimum PUDPCD Size
Table 20: Waivers to Planned Developments
TABLE INSET:
J
J
J
J
J
J
J
J
J
J
I Development Standard or Requirement
Supplementary District Regulations
Number of Required Parking Spaces and Size of Parking Spaces
Building Setbacks (fiont, side, side comer, and rear)
Lot Coverage, Size, Depth, and Width
Height of Buffering and Screening Walls
Others as provided by these land development regulations
1 City Council 1
Waiver
J
J
J
J
J
J
(g) Residential variances. Any reduction to a PUD or PCD development standard or requirement
applicable to an entire residential use or project shall occur only as provided in this section. However,
the owner of a single-family dwelling may apply for a variance to the applicable development
standards, rather than apply for a waiver. The purpose of this section is to allow an owner or tenant
to request a modification without the time, effort, and expense associated with an application for a
development order amendment.
(h) AppZication. All requests for a waiver shall be submitted in writing and shall accompany a
development application for planned development, PUD, or PCD approval. Each waiver to planned
development requirements or standards utilized in a development application for approval of a PUD
or PCD shall be identified by the applicant.
(i) Criteria. A request for the city council to approve a waiver fiom one or more of the
standards and requirements applicable to a planned development, PUD, or PCD shall comply with a
majority of the criteria listed below.
(1) The request is consistent with the city's comprehensive plan.
Date Prepared: January 29,2007
Meeting Date: March 1,2007
Ordinance 8,2007
Page 5 of 10
The request is consistent with the purpose and intent of this section.
The request is in support of and fbrthers the city’s goals, objectives, and policies to establish
development possessing architectural significance, pedestrian amenities and linkages,
employment opportunities, reductions in vehicle trips, and a sense of place.
The request demonstrates that granting of the waiver will result in a development that exceeds
one or more of the minimum requirements for PUDs.
The request for one or more waivers results from innovative design in which other minimum
standards are exceeded.
The request demonstrates that granting of the waiver will result in preservation of valuable
natural resources, including environmentally-sensitive lands, drainage and recharge areas, and
coastal areas.
The request clearly demonstrates public benefits to be derived, including, but not limited to
such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside
of the project boundaries, preservation of important natural resources, and use of desirable
architectural, building, and site design techniques.
Sufficient screening and buffering, if required, are provided to screen adjacent uses from
adverse impacts caused by a waiver.
The request is not based solely or predominantly on economic reasons.
The request will be compatible with existing and potential land uses adjacent to the
development sit e.
The request demonstrates the development will be in harmony with the general purpose and
intent ofthis section, and that such waiver or waivers will not be injurious to the area involved
or otherwise detrimental to the public health, safety, and welfare.
0 established in Section 78- 184 e). Waiver Zinzztations. AU waivers of the height of buildings shall be subject to the limitations
Section 78-184, Code of Ordinances, entitled “Height of Buildings” is hereby amended to read
as follows:
See. 78-184. Height of buildings.
(a) Height. A building or structure shall not be erected, constructed, reconstructed, or altered to
exceed the height limits established in the property development regulations for the applicable zoning
district.
Date Prepared: January 29,2007
Meeting Date: March 1,2007
Ordinance 8,2007
Page 6 of 10
fi) Limitations on height waivers-for single -fami& and multi- famirv residential buildings.
Il) No waiver in excess of 25 percent of the height limitation of the applicable zoning district may
be approved for such residential buildings in any zoning district (other than MXD) where
height limitations are measured by feet.
12) No waiver in excess of one story of the height limitation of the applicable zoning. district may
be amroved for such residential buildings in any zoning district (other than MXD) where
heinht limitations are measured by number of stories.
(3) In zoning districts (other than MXD) where height limitations are measured by both feet and
stories. no waiver in excess of one story may be approved for such residential buildings. and in
no event shall the waiver exceed the height limitation measured by feet.
(4) In MXD zoning districts. no height waivers may be approved for such residential buildings,
and no such residential building regardless ofthe number of stories. shall exceed (56) fiftv-six
feet in height.
15) The Drovisions of this section may not be amended bv the citv council without a vote of at
least four city council members.
@j@JExceptions. The height limitations of this section shall not apply to church spires; barns, silos;
monuments; antennas; penthouses and domes not used for human occupancy; nor to chimneys, water
tanks, and necessary mechanical appurtenances usually carried above the roof level. These features,
however, shall be erected only to a height as is necessary to accomplish the purpose they are to serve
and shall not exceed 20 percent of the ground floor area of the building.
WOb-ctions. All obstructions, as defined by the Federal Aviation Administration, shall be
marked and lighted in accordance with applicable federal or state regulations.
Discussion
The proposed LDR text amendment was presented to City Council during the City Manager’s Report
during the City Council meeting on January 18,2007. During the meeting, the City Council directed
staffto evaluate the following issues:
Providing a requirement for a super majority vote of City Council to change the proposed
code revision.
Provide for the height limitation in the City’s Comprehensive Plan
Address the need for providing provisions for tiering heights with adjacent developments
0 Provide a definition and height limitation for a story within the City’s Mixed-use land use
category.
Date Prepared: January 29,2007
Meeting Date: March 1,2007
Ordinance 8,2007
Page 7 of 10
Super Majority Vote
Unless otherwise specified, the adoption of an Ordinance or Resolution is accomplished by a majority
vote of a quorum present at a meeting. Section 166.041, Florida Statutes, and Section 18-1, Code of
Ordinances provide that a majority of the members of the governing body shall constitute a quorum,
and that an aflirmative vote of a majority of the quorum present shall be necessary to enact any
ordinance or adopt any resolution, except that two-thirds of the membership of the board is required
to enact an emergency ordinance. While the City cannot lessen or reduce the procedures for the
enactment of a municipal ordinance, the City may add additional requirements or prescribe procedures
in greater detail than contained in Section 166.041.
The addition of a super-majority voting requirement to modi& a particular provision of the Code of
Ordinances is, however, not prohibited by state law, and is sometimes used when a local governing
body identifies an issue which is of such import to the community that a simple majority requirement
to change the provision is perceived as inadequate. For example, some local codes contain such
limitations on the sale of city property, so that a super majority vote is necessary to approve such a
sale.
While a super majority is a legal mechanism, there can be certain unintended consequences of such a
requirement that the council should be aware of A super majority vote essentially places the ultimate
decision-making in the hands of a minority of the council. For example, if three (a majority) of the
elected officials wish to take a certain action, they can be prevented from taking such action by two
(the minority) of the council. A hrther complication can arise in the event there is a vacancy on the
council or one or more members are absent or have a voting conflict. An example of this situation
was recently reported concerning the Village of Wellington where on councilmember was required to
abstain, thus necessitating a unanimous of the remaining four members for passage of an item.
Staffhas evaluated the issues and provided alterations to the proposed ordinance that addressed the
definition of a height lit for a ‘story’ and provided a requirement for a super majority vote to
change the proposed amendment for height limitations to single-family and multi-family residential
buildings.
Comprehensive Plan
In December 2006, City Council adopted and transmitted the City’sEvaZuation madAppraim1 Report
(EAR) to the Department of Community AEairs (DCA) for review. The City Council may direct staff
to include language consistent with the DroDosed ordinance in the City’s EAR-based comprehensive
plan amendments.
l+ovisions for Tiering and Compatibility
The City’s Comprehensive Plan and Land Development Regulations (LDRs) provide language
requiring compatibility of design and use with adjacent existing and kture uses. In addition, Planned
Unit Development (PUD) Overlay districts and Planned Community District (PCD) Overlays provide
opportunities for City Council to place conditions of approval relative to compatibility to adjacent
development.
Date Prepared: January 29,2007
Meeting Date: March 1,2007
Ordinance 8,2007
Page 8 of 10
The following are examples of sections of the City’s LDRs that address design guidelines for buildmg
height and height transition for development.
Sction 78-154. PUD -Planned unit deveIopment overlay district.
Section 78-154(g) (10):
(10) Building height limit. The maximum building height in a PUD shall be established in the
development order approved by the city council. Final determination of maximum building height
shall consider the following:
a. the proposed uses of the structure;
b. the bulk, mass, and context of adjacent structures or proposed structures;
c. the compatibility with adjacent existing or proposed uses;
d. the relationship to the adjoining uses and the surrounding development; and
e. the provision of open space in the proposed PUD.
Section 78-22 7. Architectural elements.
Section 78-227 (a) (5):
(5) Fac&halI height transition. New developments that are located within 150 feet of an existing
building, and are more than twice the height of any existing building within 150 feet shall provide
massing elements to provide an appropriate structure transition.
a. The transitional massing element can be no more than 100 percent taller than the average height
of the adjacent buildings.
b. Facades shall have architectural articulation at the pedestrian level and at the roofline.
Height Limits for Mixed-Use (MXD)
Staff has provided a maximum height limitation for single-family and multi-family buildings within a
mixed-use development that is consistent with the maximum height limit for buildings located within
the Residential High (RH) zoning district. The provision reads as follows:
(4) In MXD zoning - districts. no height - waivers may be aDDroved for such residential buildings,
and no such residentid building. regardless of the number of stories. shall exceed (56) fiftv-six
feet in heipht.
The proposed language does not set a height lit for individual stories of a residential building, but it
does provide an overall maximum height for the building, which addresses the issue raised by a
resident that there is no maximum height limit for a residential building within a mixed-use
development.
Date &pared: January 29,2007
Meeting Date: March 1,2007
Ordinance 8,2007
Page 9 of 10
Underlying Zoning designation within
Planned Unit Development (PUD) and
Planned Community District (PCD)
Overlays
Residential Low (RL- 1, RL-2, & RL-3)
Residential Medium (RM)
Proposed Height Limit&ns
The effects of this proposed amendment are as follows:
Maximum
Current Height Limit Height w/ Waiver
Restriction
2 stories or 36 feet, 3 storied36feet
whichever is the lesser
2 stories or 36 feet, 3 stories/36 feet
whichever is the lesser
Residential High (RH)
Residential within Mixed-Use
NMT 45 feet 56 feet
4 stories 4 stories / 56 feet
PLANNING, ZONING AND APPEALS BOARD
At its meeting on February 13,2007, the Planning, Zoning, and Appeals Board (Board) held a public
hearing to review the subject ordinance. The Board voted 7-0 to recommend denial of the subject
ordinance for the following reasons:
The Board expressed their objections to the restrictive limits set forth in the ordinance. They
felt that the limits were arbitrary in that they would only be applied to new development in the
City, as opposed to previously approved development that was able to request a height
waiver.
The Board expressed their concerns with eliminating flexibility within the planned
development districts of the City. By eliminating a major component of the City’s flexible
design standards, the ability for the implementation of flexible design is severely limited within
a PUD or PCD. The Board felt that the limit would reduce the creativity of future
development within the City.
The Board felt that the limits did not reflect the ‘findings of the Interactive Planning Session.’
The Board was of the opinion that a majority of City residents felt that taller buildings were
permissible within certain areas of the City, specifically adjacent to major roadways or within
the City’s Regional Center corridor. The Board also expressed their opinion that a majority
of residents were satisfied with the development within the City.
Finally, the Board felt confident that specific guidelines were in place that provided City
Council with the discretion to determine if any height waivers were in the best interest of the
City’s future development.
During the Boards discussions, Amir Kanel (Alternate member) expressed his support of the
ordinance, but represented that the proposed ordinance did not reflect the coments set forth at the
City’s Interactive Planning Session that taller buildings are appropriate within certain areas of the
City.
Date Prepared: January 29,2007
Meeting Date. March 1,2007
Ordinance 8,2007
Page 10 of 10
Overall, the Board recommended denial of the proposed ordinance, based on their strong feelings that
the City has developed responsibly and maintained a high standard of development, which has
maintained the City’s superior quality of life. The Board felt strongly that the flexibility and creativity
of planned development districts encouraged the higher standards of development in the City.
STAFF RECOMMENDATION
Staff recommends approval of Petition LDRA-07-0 1-0000 12 and Ordinance 8,2007.
Date Prepared: January 5, 2007
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4 AN ORDINANCE OF
5 BEACH GARDENS,
6 HEIGHT WAIVERS;
ORDINANCE 8,2007
THE CITY COUNCIL OF THE CITY OF PALM
FLORIDA RELATING TO LIMITATIONS ON
AMENDING SECTION 78-158, CODE OF
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ORDINANCES, ENTITLED “WAIVERS TO PLANNED
DEVELOPMENT DISTRICT REGULATIONS”; AMENDING SECTION
BUILDINGS” TO IMPOSE LIMITATIONS ON HEIGHT WAIVERS;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
78-184, CODE OF ORDINANCES, ENTITLED “HEIGHT OF
WHEREAS, on October 25, 2006, and November 1, 2006, the City Council
conducted two community planning sessions to discuss and address the issue of height
for future development within the City; and
WHEREAS, the process included research and analysis of current height
regulations, two public workshops for resident input, and a report to City Council; and
WHEREAS, approximately 95 people attended the October Workshop and
approximately 107 people attended the November workshop; and
WHEREAS, the findings of the sessions reflect the general consensus that
building height in residential areas should be limited to low-rise buildings; and
WHEREAS, Staff recommends that Sections 78-158 and 78-184 of the City’s
Land Development Regulations be amended to accomplish this purpose; and
WHEREAS, this Land Development Regulations amendment was reviewed by
the Planning, Zoning, and Appeals Board at a duly noticed public hearing on February
13,2007, and the Board recommended denial by a vote of 7 to 0; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the residents and citizens 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 recitals are hereby affirmed and ratified.
SECTION 2. Section 78-1 58, Code of Ordinances, entitled “Waivers to planned
development district regulations” is hereby amended to read as follows:
Date Prepared: January 5, 2007
Ordinance 8, 2007
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Sec. 78-1 58. Waivers to planned development district requirements.
(a) Purpose and intent. The purpose and intent of this section are to encourage
applicants for planned development, PUD, and, PCD, approval to propose residential
and nonresidential projects that are innovatke, creative, and utilize planning, design,
and architectural concepts that will be of benefit to the city. The use of innovative and
creative techniques and concepts may require one or more waivers to the development
standards applicable to such projects. The city council may grant one or more of the
requested waivers, provided community benefits such as architectural design,
pedestrian amenities, preservation of environmentally-sensitive lands, provision of
public parks and open space, or mixed uses which reduce impacts on city services are
demonstrated.
(b) Waivers permitted. An application for development order approval for a PUD or
PCD may include a request for waiver of one or more requirements of this chapter.
Requests for waivers shall comply with the requirements contained herein. For the
purpose of this section, a waiver is defined as a reduction in a development standard or
other land development requirement normally required by this chapter.
(c) Purpose and intent. The purpose and intent of this section are to encourage the
use of PUDs and PCDs, as provided in sections 78-154 and 78-155, in order to achieve
the benefits to the city and the property owner as described in those sections.
(d)
council.
Prohibited waivers. The waivers listed below shall not be granted by the city
(1) A waiver from the requirements of division 2 of article VI establishing the PGA
overlay district.
(2) A waiver from the minimum requirements for preservation of environmental
sensitive lands as provided in division 4 of article V.
(3) A waiver from any requirement associated with the city's concurrency
management requirements established in division 3 of article Ill.
(e) Grant of waivers. Waivers from requirements applicable to planned
developments, including PUDs and PCDs, shall be granted by the city council, following
an advisory recommendation by the planning, zoning, and appeals board.
(f) Waivers established. For the purposes of this section, the city council may grant
waivers as indicated in Table 20.
2
Date Prepared: January 5, 2007
Ordinance 8, 2007
~~
Sign Regulations
Landscaping
Open Space
Standards Applicable to Planned Developments, PUDs, and PCDs
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Table 20: Waivers to Planned Developments
TABLE INSET:
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Engineering Standards
Permitted Uses within PUD or PCD
Development Standard or Requirement
~~ ~
J
J
City
Council
Waiver
Supplementary District Regulations
Number of Required Parking Spaces and Size of Parking Spaces
I Building Height las limited bv Sec. 78-184) IJ
J
J
Lot Coverage, Size, Depth, and Width
Height of Buffering and Screening Walls
Others as provided by these land development regulations
I Architectural and Design Standards IJ
~ ~~
J
J
u/
Development Standards Applicable to Permitted and Conditional I Uses
I Minimum PUD/PCD Size IJ
I Building Setbacks (front, side, side corner, and rear) IJ
(9) Residential variances. Any reduction to a PUD or PCD development standard or
requirement applicable to an entire residential use or project shall occur only as
provided in this section. However, the owner of a single-family dwelling may apply for a
variance to the applicable development standards, rather than apply for a waiver. The
purpose of this section is to allow an owner or tenant to request a modification without
the time, effort, and expense associated with an application for a development order
amendment.
(h) All requests for a waiver shall be submitted in writing and shall
accompany a development application for planned development, PUD, or PCD
approval. Each waiver to planned development requirements or standards utilized in a
development application for approval of a PUD or PCD shall be identified by the
applicant .
Application.
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Date Prepared: January 5, 2007
Ordinance 8, 2007
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(i) Criteria. A request for the city council to approve a waiver from one or more of
the standards and requirements applicable to a planned development, PUD, or PCD
shall comply with a majority of the criteria listed below.
The request is consistent with the city's comprehensive plan.
The request is consistent with the purpose and intent of this section.
The request is in support of and furthers the city's goals, objectives, and policies to
establish development possessing architectural significance, pedestrian amenities
and linkages, employment opportunities, reductions in vehicle trips, and a sense
of place.
The request demonstrates that granting of the waiver will result in a development
that exceeds one or more of the minimum requirements for PUDs.
The request for one or more waivers results from innovative design in which other
minimum standards are exceeded.
The request demonstrates that granting of the waiver will result in preservation of
valuable natural resources, including environmentally-sensitive lands, drainage
and recharge areas, and coastal areas.
The request clearly demonstrates public benefits to be derived, including, but not
limited to such benefits as no-cost dedication of rights-of-way, extensions of
pedestrian linkages outside of the project boundaries, preservation of important
natural resources, and use of desirable architectural, building, and site design
techniques.
Sufficient screening and buffering, if required, are provided to screen adjacent
uses from adverse impacts caused by a waiver.
The request is not based solely or predominantly on economic reasons.
(IO) The request will be compatible with existing and potential land uses adjacent to
the development site.
(11) The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be
injurious to the area involved or otherwise detrimental to the public health, safety,
and welfare.
(j)
limitations established in Section 78-1 84 (b).
Waiver limitations. All waivers of the height of buildinqs shall be subiect to the
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Date Prepared: January 5, 2007
Ordinance 8, 2007
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SECTION 3. Section 78-1 84, Code of Ordinances, entitled “Height of Buildings”
is hereby amended to read as follows:
Sec. 78-184. Height of buildings.
(a) Height. A building or structure shall not be erected, constructed, reconstructed, or
altered to exceed the height limits established in the property development regulations
for the applicable zoning district.
{b)
buildinqs.
limitations on heiqht waivers for single familv and multi familv residential
{I) No waiver in excess of 25 percent of the height limitation of the applicable zoninq
district may be approved for such residential buildings in any zoning district (other
than MXD) where height limitations are measured by feet.
/2) No waiver in excess of one story of the height limitation of the applicable zoninq
district may be approved for such residential buildinqs in any zoning district (other
than MXD) where height limitations are measured by number of stories.
/3) In zoninq districts (other than MXD) where height limitations are measured by both
feet and stories, no waiver in excess of one story may be approved for such
residential buildinqs, and in no event shall the waiver exceed the height limitation
measured by feet.
/4) In MXD zoning districts, no height waivers may be approved for such residential
buildings, and no such residential buildinq, reqardless of the number of stories,
shall exceed (56) fifty-six feet in heiqht.
/5) The provisions of this section may not be amended by the city council without a
vote of at least four city council members.
@-)a€xceptions. The height limitations of this section shall not apply to church spires;
barns, silos; monuments; antennas; penthouses and domes not used for human
occupancy; nor to chimneys, water tanks, and necessary mechanical appurtenances
usually carried above the roof level. These features, however, shall be erected only to a
height as is necessary to accomplish the purpose they are to serve and shall not
exceed 20 percent of the ground floor area of the building.
@mObstructions. All obstructions, as defined by the Federal Aviation Administration,
shall be marked and lighted in accordance with applicable federal or state regulations.
SECTION 4. This Ordinance shall not be construed or held to affect the rights of
any existing building to continue in a use or structure that may otherwise become a
legal nonconformity as a result of the passage of this Ordinance or any building
specifically approved by a development order granted by the City prior to the effective
date of this Ordinance.
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Date Prepared: January 5, 2007
Ordinance 8, 2007
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SECTION 5. Codification of this Ordinance is hereby authorized and directed.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
PASSEDthis day of , 2007, upon first reading.
PASSED AND ADOPTED this day of ,2007, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
FOR
G:\attorney-share\ORDINANCES\imposing limitations on height waivers - ord 8 2007.doc
6
AGAINST ABSENT
d
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 20,2007
Meeting Date: March 1, 2007
Resolution 30, 2007
SubjectlAgenda Item: Resolution related to potential growth in the mid-western area
of Palm Beach County; urging other municipalities within Palm Beach County to
review the proposed development and request the Board of County Commissioners
to comprehensively address the land-use and transportation issues.
[XI Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by:
Christine P. Tatu
City Attorney
Finance Director
N/A
Submitted by: -7 th Christine P. Tatu
Department Director
City Managbr
Originating Dept.:
City Council
Mayor Russo
Advertised:
Date:
Paper:
[ x] Not Required
Affected parties
fi Notified
[ x] Not required
costs: $ 0
(Total)
$0
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
~ ~~
Attachments:
e Resolution 30,2007
[ ]None
Date Prepared: February 20,2007
Meeting Date: March 1,2007
Resolution 30,2007
BACKGROUND: Palm Beach County has approved or is considering applications for
development in the mid-western area of the County of over 26,000 dwelling units and
almost 6 million square feet of non-residential development on the Mecca Site, the Callery-
Judge property, and the Indian Trails Grove property. The City, joined with the Village of
Royal Palm Beach and the City of West Palm Beach, is cooperatively approaching a
review of the proposed impacts of the Callery-Judge DRI application and other proposed
development. The City feels that the magnitude of the proposed development warrants
comprehensive planning for the area, such as the Sector Plan or such similar regional
plan, and urges other municipalities to request that no further development be approved
until such regional plan is effective.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 30,2007.
Date Prepared: February 21, 2007
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RESOLUTION 30,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATED TO POTENTIAL FUTURE
GROWTH IN THE MID-WESTERN AREA OF PALM BEACH
COUNTY; URGING OTHER MUNICIPALITIES IN PALM BEACH
COUNTY TO REVIEW THE PROPOSED DEVELOPMENT
THROUGHOUT THE MID-WESTERN AREA AND TO REQUEST
THAT THE BOARD OF COUNTY COMMISSIONERS
COMPREHENSIVELY ADDRESS THE LAND-USE AND
TRANSPORTATION ISSUES IN THE MID-WESTERN AREA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Palm Beach County has adopted a Sector Plan on August 22,2005,
pursuant to Section 163.3245, Florida Statutes, to plan comprehensively for portions of
the County: and
WHEREAS, the Sector Plan provided for a maximum density of 1 dwelling unit
per 1.25 acres with clustering to protect the rural character of the area; and
WHEREAS, the City of Palm Beach Gardens believed that the Sector Plan would
address the overall impacts of future development in the mid-western area in a
comprehensive manner designed to mitigate potential impacts on surrounding areas,
including the City; and
WHEREAS, the Sector Plan was found “Not in Compliance” by the Department
of Community Affairs, based upon concerns that not all regionally significant public
facilities for the Sector Plan have been identified, not all natural resources in the vicinity
of the Sector Plan area have been identified, proposed land-use pattern of the Sector
Plan overlay does not promote a functional and balanced mix of land uses so as to
discourage urban sprawl, and lack of having clear and only one land use designation
assigned to a particular area of land; and
WHEREAS, the County continues to negotiate a Settlement Agreement with the
Department to bring the adopted Sector Plan into compliance; and
WHEREAS, in the interim, the County has approved or is considering approval of
over 26,000 dwelling units and almost 6 million square feet of non-residential
development on the Mecca site, the Callery-Judge Grove property, and the Indian Trails
Grove property; and
WHEREAS, the City has been coordinating efforts with the Village of Royal Palm
Beach and the City of West Palm Beach to review the impacts of proposed mid-western
development; and
Date Prepared: February 21, 2007
Resolution 30, 2007
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WHEREAS, the City believes that prior to any further approvals by Palm Beach
County, a comprehensive review of all development must be conducted, and the Sector
Plan, or a similar regional plan, be approved; 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 recitals are hereby affirmed and ratified.
SECTION 2. The City respectfully requests other municipalities in Palm Beach
County to:
A. Support the efforts of Palm Beach Gardens, Royal Palm Beach, and West
Palm Beach to ensure that the impacts of western development are
comprehensively reviewed.
B. Urge the Board of County Commissioners to defer approving additional
development in the mid-western area of the County until such time as a
comprehensive review of all land-use and transportation issues related to
such development is concluded, and the Sector Plan, or a similar regional
plan, is approved.
SECTION 3. The City Clerk is hereby directed to furnish a copy of this
Resolution to the other municipalities in northern and western Palm Beach County.
SECTION 4. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
2
Date Prepared: February 21, 2007
Resolution 30, 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
-- AYE NAY ABSENT
46 47 G:\attorney-share\RESOLUTlONS\opposing western growth-reso 30 2007.doc
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 20,2007
Meeting Date: March 1, 2007
Resolution 31, 2007
SubjectlAgenda Item: Resolution recognizing the accomplishments of Scripps
Florida and requesting the continued funding of the Florida Innovation Incentive
Fund by the Florida Legislature.
[XI Recommenda
[I Recommenda
Reviewed by:
Christine P. Tatum
City Attorney
Finance Director
N/A
Submitted by:
City Manager
:ion to APPROVE
tion to DENY
Originating Dept.:
City Council
Mayor Russo
Advertised:
Date:
Paper:
[ x] Not Required
Affected parties
[ ] Notiied
[ x] Not required
costs: !§ 0
(Total)
$0 Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attach ments :
[ ]None
Date Prepared: February 20,2007
Meeting Date: March 1, 2007
Resolution 31, 2007
BACKGROUND: At the most recent meeting of the Bioscience Land Protection Advisory
Board, representatives of Palm Beach County presented the members with a draft
resolution which will be considered by the Board of County Commissioner, which
resolution urges the Governor and the Florida Legislature to continue to promote the life
science industry in the State, and to continue funding the Florida Innovation Incentive
Fund. Each participating municipality was requested to present a similar resolution to their
governing body for consideration.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 31,2007.
Resolution 31,2007
will be distributed under separate cover
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 20,2007
Meeting Date: March 1,2007
Ordinance 9,2007
SubjectlAgenda Item: Ordinance relating to elections; amending Chapter 26, Code of
Ordinances, entitled “Elections” to provide an alternative method of qualifying for
election; providing for codification; and providing an effective date.
[XI Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
Christine P. Tatum
City Attorney d
Finance Director
N/A
Submitted by:
Christine P. Tatum
Department Director
City Manager
Originating Dept.:
City Council
Vice Mayor Barnett
Advertised:
Date:
Paper:
[ x] Not Required
Affected parties
[ ] Notified -
[ x] Not required
costs: $ 0
(Total)
$0
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attach men ts :
Ordinance 9,2007
[ ]None
Date Prepared: February 20,2007
Meeting Date: March 1,2007
Ordinance 9,2007
BACKGROUND: Attached is Ordinance 9,2007 which will amend Chapter 26 of the Code
of Ordinances to provide an alternative method of qualifying for election. As we discussed
at the Council Meeting of February 1, 2007, the current cost to qualify to run for City
Council consists of two separate components: the municipal filing fee, which is 3% of the
annual salary of the office, and the election assessment which is 1 Oh of the annual salary.
Based on the current salaries, the municipal filing fee is $709.00, and the election
assessment is $236.00, for a total of $945.00.
Both amounts are collected by the City Clerk, but the $236.00 from each candidate will be
transmitted to the Florida Secretary of State, Division of Elections for the Elections
Commission Trust Fund.
The attached Ordinance provides a method of exempting a candidate from payment of
these fees. As drafted, the Ordinance waives the City filing fee (the 3%) without the
necessity of executing an oath of undue burden. The Ordinance further provides that the
election assessment (the 1 %) will be waived in compliance with the requirement of Florida
Statutes, which currently requires the execution of an undue burden oath. This is
consistent with DE Opinion 97-02, wherein the Division of Elections concluded that
municipal candidates must either pay the election assessment or file a sworn oath stating
that they are unable to pay the assessment without imposing an undue burden on their
personal resources otherwise available to them.
STAFF RECOMMENDATION: Staff recommends approval of Ordinance 9,2007.
Date Prepared: January 17, 2007
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ORDINANCE 9,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO ELECTIONS;
AMENDING CHAPTER 26, CODE OF ORDINANCES, ENTITLED
“ELECTIONS” TO PROVIDE AN ALTERNATIVE METHOD OF
QUALIFYING FOR ELECTION; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 26 of the Code of Ordinances provides for a method of
qualifying for election by payment of statutory filing fees and assessment fess; and
WHEREAS, the City Council has determined that it is necessary to amend said
Chapter to provide an alternative method of qualifying for election; and
WHEREAS, the City Council has determined that adoption of this Ordinance is 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 recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby amends Chapter 26, Code of Ordinances,
entitled “Elections” by creating a new Section 26-- to be entitled “Alternative Method
of Qualifying” to read as follows:
Sec. 26- . Alternative method of qualifying.
(a) A person seeking to qualify for election for council member may qualify to have
his or her name placed on the ballot by means of the petitioning process prescribed in
this section, providing the person satisfies all other qualifying requirements.
(b) A person using this petitioning process who wishes to have the State of Florida
Election Assessment waived, must file an oath with the City Clerk stating that he or she
intends to qualify for the office sought and stating that he or she is unable to pay the
assessment for that office without imposing an undue burden on his or her personal
resources or on resources otherwise available to him or her. A person using this
petitioning process to waive the Municipal Assessment need not execute such oath.
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Date Prepared: January 17, 2007
Ordinance 9, 2007
(c) The Notice of Intent to qualify alternatively, and the oath if applicable, shall be
filed at any time after the first Monday in December of the year prior to the year in which
the election is to be held, but prior to noon on the second Monday of January of the year
in which the election is to be held. The City Clerk shall prescribe the form to be used in
the notice of intent.
(d) Upon receipt of the Notice of Intent, and the oath if applicable, from a candidate,
the City Clerk shall provide the candidate with petition forms in sufficient numbers to
facilitate the gathering of signatures pursuant to this section. Such forms shall be
prescribed by the City Clerk.
(e) After filing the Notice of Intent, and the oath if applicable, the candidate may
begin to seek signatures on petitions supporting his or her candidacy. Only signatures
of electors who are registered to vote in the City shall be counted toward obtaining the
minimum numbers as prescribed in this subsection. A candidate shall obtain the
signatures of a number of qualified electors equal to at least one percent (1%) of the
total number of registered electors of the City as shown by the certified election results
for the last preceding municipal election, which results are prepared by the Supervisor
of Elections for Palm Beach County, and furnished to the City Clerk.
(f) Each candidate shall submit the petitions for verification to the City Clerk no later
than noon of the IOth day preceding the first day of qualifying. The City Clerk shall
cause the signatures to be verified as to their status as electors of the City. Upon
receipt of verification from the Supervisor of Elections, the City Clerk shall notify each
candidate of the status of his or her petition. If the required number of signatures has
been obtained, the candidate shall, during the time prescribed for qualifying for office,
submit a copy of such notice and file his or her qualifying papers and oath with the City
Clerk. The candidate shall reimburse the City for the cost of verification of the electors'
signatures.
(9) For any special election after the date of this Ordinance, the City Clerk shall
establish such deadlines for alternatively qualifying as are necessary to comply with the
deadlines established by the Supervisor of Elections.
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall take effect immediately upon adoption.
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Date Prepared: January 17, 2007
Ordinance 9, 2007
PASSED this day of , 2007, upon first reading.
PASSED AND ADOPTED this day of ,2007, upon
second and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
AGAINST ABSENT
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDIN NCES\alternative method for qualifying - ord 9 20
3
7.d0c
City of Palm Beach Gardens
Council Agenda
March 1,2007
Mayor Russo
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Council Member Jablin
Vice Mayor Barnett Council Member Levy
Council Member Valeche
J 1.
J 11.
JIII.
JIV
J v.
J VI.
VIL
m.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 1,2007
7:OO P.M.
a.
b.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
a.
CITY MANAGER REPORT
Northlake Boulevard Task Force Update.
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
reauest form to the City Clerk Drior to this Item)
CONSENT AGENDA:
{Staff Report on Page 6, Resolution on Pave 8) Resolution 21, 2007 -
Addendums to Agreements for Disaster Recovery Services. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving Addenda to
Stand-By Agreements with Ceres Environmental Services, Inc., Phillips &
Jordan, Inc., and Ashbritt, Inc. for disaster recovery services; authorizing the
Mayor and City Clerk to execute the Addenda; and providing an effective date.
(Staff Report on Page 119, Resolution on Page 121) Resolution 22, 2007 -
Addendums to Agreements for Storm-Generated Debris Material Services. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving Addenda to Stand-By Agreements with C & W Logistics, Inc. and
Total Maintenance Building Services, Inc. for storm-generated debris material
disposal services; authorizing the Mayor and City Clerk to execute the Addenda;
and providing an effective date.
C. [Staff ReDort on Page 195, Resolution on PaPe 197) Resolution 24, 2007 -
Work Authorization to Murray Logan Construction, Inc. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a work
authorization and notice to proceed to Murray Logan Construction, Inc. based on
its existing Annual Public Works contract dated May 6, 2004, for the restoration
of the Bellewood Canal, from the Earman River Canal to Applecrest Drive, as
part of the 2002 Stormwater System Management Plan; and providing an
effective date.
d.
e.
f.
(Staff Report on Page 203, Resoliltion on Page 205) Resolution 25, 2007 -
Three (3) Continuing Contracts for Professional Graphic Services. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida awarding
continuing contracts for Professional Services to Caren Hackman, Inc., Palm
Beach Media Associates, Inc., and Tara Biek Creative, LLC; authorizing the
Mayor and City Clerk to execute the agreements; and providing an effective date.
(Staff Report on Page 265, Resolution on Page 267) Resolution 26, 2007 -
Agreement with Palm Beach Community College. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an agreement with
Palm Beach Community College providing for the education and training of
students in the Paramedic and EMT programs; and providing an effective date.
JPage 272) Proclamation -Women in Construction Week.
M. PUBLIC HEARINGS:
Part I - Ouasi-iudicial
-Staff Report on Page 273, Reqolution on Page 285) Resolution Is, L.wwI -
Police Communication Tower. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving a major conditional use to allow for the
installation of a 185-foot monopole communication tower and associated ground
equipment on the City's property located at 9290 Park Lane; as more particularly
described herein; and providing an effective date.
Pape 289 - rdioiri
ing anc wainance I, LOO I - (2"
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to rezoning; rezoning a parcel of land consisting of 4.45 acres, located
on the West side of Riverside Drive, East of Interstate 95, North of Plat 5 and
approximately 300 feet South of Burns Road, as described more particularly
herein, fiom Light Industrial (M-1 A) to Planned Unit Development (PUD)
overlay with an underlying zoning of Light Industrial (M-1A) to be known as
the Gardens Commerce Center PUD; providing for revisions to the zoning
district map; and providing an effective date
Resolution 18,2007 is a companion item to Ordinance 7,2007 and will
require Council action.
Resolution 18, 2007 - Gardens Commerce Center. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approvingthe Gardens
Commerce Center Planned Unit Development (PUD) to allow the development
of three buildings Coflsisting of 41,577 quare feet of light industrial use and
27,718 square feet of accessory professional office use on a 4.45-acre parcel, as
described more particularly herein; providing for waivers; providing for
conditions of approval; and providing an effective date
Part I1 - Non-Quasi-iudicial
X. RESOLUTIONS:
kStaff Report on Page 340, Ordinance on Page 350) Ordinance 8, 2007 - (l&
reading) Limitations to maximum height waivers. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to limitations on
height waivers; amending Section 78- 158, Code of Ordinances, entitled “Waivers
to Planned Development District Regulations”; amending Section 78-184, Code
of Ordinances, entitled “Height of Buildings” to impose limitations on height
waivers; providing for codification; and providing an effective date.
a. (Staff Report on Page 356, Resolution on Page 358) Resolution 30, 2007 -
Potential fbture growth in the “Midwestern Area” of Palm Beach County. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida related
to potential fbture growth in the mid-western area of Palm Beach County; urging
other Municipalities in Palm Beach County to review the proposed development
throughout the mid-western area and to request that the Board of County
Commissioners comprehensively address the land-use and transportation issues in
the mid-western area; and providing an effective date.
lStaff Rc e 361) Resolution 31, 2007 - Recognizing the scientific
accomplisnmenrs or ~cripps Florida. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida recognizing the scientific accomplishments of
Scripps Florida; requesting continuation of the Florida innovation incentive hnd;
and respectfblly requesting the leadership of the State of Florida to continue to
promote the life science industry; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
taff Report
Nternative me1
mdinance 9, ZUU/ -
m urainance of the City Council
of the City of Palm Beach Gardens, Florida relating to elections; amending
Chapter 26, Code of Ordinances, entitled to provide an alternative
method of qualifying for electins; providing for codification: and orovidinn an
effective date.
Xa ITEMS FOR COUNCIL ACTIONlDISCUSSION:
Xm. CITY ATTORNEY REPORT
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accormtLodafiolLs in order to participate in this
proceeding are entitled to the provision of certain assishmce at no cost Please call the City
Clerk’s office at 561-799-4122 no later than 5 hys prior to the hearing if this assistance is
required For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
Y
City of Palm Beach Gardens
Council Agenda
March 1,2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Barnett
Council Member Jablin
Council Member Levy
Council Member Valeche
I.
11.
111.
IV
V.
VI.
VII.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 1,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
CITY MANAGER REPORT:
a. Northlake Boulevard Task Force Update.
COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a @tan Remrt on P age 6. Resolution an Part 8) Resolution 21, 2007 -
Addendums to Agreements for Disaster Recovery Services. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving Addenda to
Stand-By Agreements with Ceres Environmental Services, Inc., Phillips &
Jordan, Inc., and Ashbritt, Inc. for disaster recovery services; authorizing the
Mayor and City Clerk to execute the Addenda; and providing an effective date.
b. $Staff Rt~~rt on P age 119. Resolution on Pane 12 1) Resolution 22, 2007 -
Addendums to Agreements for Storm-Generated Debris Material Services. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving Addenda to Stand-By Agreements with C & W Logistics, Inc. and
Total Maintenance Building Services, Inc. for storm-generated debris material
disposal services; authorizing the Mayor and City Clerk to execute the Addenda;
and providing an effective date.
C. maff Rewrt on Pan e 195, Re solution on PaB e lm Resolution 24, 2007 -
Work Authorization to Murray Logan Construction, Inc. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a work
authorization and notice to proceed to Murray Logan Construction, Inc. based on
its existing Annual Public Works contract dated May 6, 2004, for the restoration
of the Bellewood Canal, from the Earman River Canal to Applecrest Drive, as
part of the 2002 Stormwater System Management Plan; and providing an
effective date.
d. taff mort an Pane 203. Reso Irtka OR Pam 20 5) Resolution 25, 2007 -
Three (3) Continuing Contracts for Professional Graphic Services. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida awarding
continuing contracts for Professional Services to Caren Hackman, Inc., Palm
Beach Media Associates, Inc., and Tara Biek Creative, LLC; authorizing the
Mayor and City Clerk to execute the agreements; and providing an effective date.
e. JStaff RePort OD Page 265, Re $ohtion on Page 267) Resolution 26, 2007 -
Agreement with Palm Beach Community College. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an agreement with
Palm Beach Community College providing for the education and training of
students in the Paramedic and EMT programs; and providing an effective date.
f. 272) Proclamation - Women in Construction Week.
IX. C HEARINGS:
a. rt on Paw 273. Rcrolu tbn QLI Pam 285) Resolution 14, 2007 -
Police Communication Tower. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving a major conditional use to allow for the
installation of a 185-foot monopole communication tower and associated ground
equipment on the City's property located at 9290 Park Lane; as more particularly
described herein; and providing an effective date.
5 - 8
b. /Staff Renrt on Paw 289, Qrdlnance on Page 326, Re solution on Page 33 0) 7:w Ordinance 7, 2007 - (2nd reading and adoption) Gardens Commerce Center. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to rezoning; rezoning a parcel of land consisting of 4.45 acres, located
on the West side of Riverside Drive, East of Interstate 95, North of Plat 5 and
approximately 300 feet South of Burns Road, as described more particularly
herein, from Light Industrial (M- 1 A) to Planned Unit Development (PUD)
overlay with an underlying zoning of Light Industrial (M-IA) to be known as
the Gardens Commerce Center PUD; providing for revisions to the zoning
district map; and providing an effective date.
5-3
Resolution 18,2007 is a companion item to Ordinance 7,2007 and will
require Council action.
f
3
Resolution 18, 2007 - Gardens Commerce Center. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approvingthe Gardens
Commerce Center Planned Unit Development (PUD) to allow the development
of three buildings consisting of 41,577 square feet of light industrial use and
27,718 square feet of accessory professional office use on a 4.45-acre parcel, as
described more particularly herein; providing for waivers; providing for
conditions of approval; and providing an effective date
f ‘i 0
a. QB. PIIEe 3 49, Brdbanc e om Page 3501 Ordinance 8, 2007 - (lo’
reading) Limitations to maximum height waivers. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to limitations on
height waivers; amending Section 78-1 58, Code of Ordinances, entitled “Waivers
to Planned Development District Regulations”; amending Section 78- 184, Code
of Ordinances, entitled “Height of Buildings” to impose limitations on height
waivers; providing for codification; and providing an effective date.
~:sz
$4
X. RESOLUTIONS:
a. t we 356. Res olutlon on Paw 358) Resolution 30, 2007 -
Potential future growth in the “Midwestern Area” of Palm Beach County. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida related
to potential future growth in the mid-western area of Palm Beach County; urging
other Municipalities in Palm Beach County to review the proposed development
throughout the mid-western area and to request that the Board of County
Commissioners comprehensively address the land-use and transportation issues in
the mid-western area; and providing an effective date.
b. rt ouage 361) Resolution 3 1, 2007 - Recognizing the scientific
accomplishments of Scripps Florida. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida recognizing the scientific accomplishments of
Scripps Florida; requesting continuation of the Florida innovation incentive fund;
and respectfully requesting the leadership of the State of Florida to continue to
promote the life science industry; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
a. staff Reo ort on Page 364. Ordinance on Page 366) Ordinance 9, 2007 -
Alternative method of qualifying for election. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida relating to elections; amending
Chapter 26, Code of Ordinances, entitled “Elections” to provide an alternative
method of qualifying for election; providing for codification; and providing an
effective date.
FOO
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
Boy Scout Troop 712
Working on their Citizenship in the Community Merit Badge.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Address: I/ 71 Fif M2-
City:
Subject:
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name:
Address: I
City:
Subject:
Members of the public may address the City Council during the ccComments 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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
City:
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
i
1 +ff/G 1 ).. - ?- -,.I
‘
/---
Address: t. ” f I-
\
City: L
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
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.
COMMENTS FROM
Request to Address
THE PUBLIC
City Council
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
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.
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
0
Name: CQ
Address:
City:
Subject:
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
8
Subject :
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Subject: tf FrGMT
Members of the public may address the City Council during the LcComments 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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Subject : e-.
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name:
Members of the public may address the City Council during the LLComments 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.
PUBLIC HEARINGS: 03 /01/2007
9 Part I - Quasi-Judicial
Title Read:
Hearing Opened:
Ex-Parte: JB DL JR HV EJ
Petitioner presentation:
Staff Presentation:
Hearing Closed:
Bring back for discussion:
Motion:
Vote:
~~ ~
Title Read:
Hearing Opened:
Ex-Parte: JB DL JR HV EJ
Petitioner presentation:
Staff Presentation:
Hearing Closed:
Bring back for discussion:
Motion:
Vote:
Title Read:
Hearing Opened:
Ex-Parte: JB DL JR HV EJ
Petitioner presentation:
Staff Presentation:
Hearing Closed:
Bring back for discussion:
Motion:
Vote:
1 Stiiff I<L~I)oI~~ 011 1’212~ 273, licwlutioii 011 Page 2135)
Resolution 14, 2007 - Police Communication Tower. A
Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a major conditional use to
allow for the installation of a 185-foot monopole
communication tower and associated ground equipment
on the City’s property located at 9290 Park Lane; as more
particularly described herein; and providing an effective
date.
(Staft I<ci~or-t oii l’aze 2139, 01-dinaiice oil I’agc 320,
I<esolution oil I’agc 330) Ordinance 7, 2007 - (znd
reading and adoption) Gardens Commerce Center. An
Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to rezoning; rezoning a parcel
of land consisting of 4.45 acres, located on the West side
of Riverside Drive, East of Interstate 95, North of Plat 5
and approximately 300 feet South of Burns Road, as
described more particularly herein, from Light
Industrial (M- 1 A) to Planned Unit Development (PUD)
overlay with an underlying zoning of Light
Industrial (M-1A) to be known as the Gardens
Commerce Center PUD; providing for revisions to the
zoning district map; and providing an effective date.
Resolution 18,2007 is a companion item to Ordinance
7,2007 and will require Council action.
Resolution 18, 2007 - Gardens Commerce Center. A
Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Gardens Commerce
Center Planned Unit Development (PUD) to allow the
development of three buildings consisting of 41,577
square feet of light industrial use and 27,718 square feet
of accessory professional office use on a 4.45-acre parcel,
as described more particularly herein; providing for
waivers; providing for conditions of approval; and
providing an effective date
P Part I1 - Non-Quasi-judicial
Title Read:
Hearing Opened:
Petitioner presentation:
Staff Presentation:
Hearing Closed:
Bring back for discussion:
Motion:
Vote:
(Staft’ Itepol‘t 011 Page 3-10. Ortliili1llccb 011 l’itge
350) Ordinance 8, 2007 - (lst reading) Limitations
to maximum height waivers. An Ordinance of the
City Council of the City of Palm Beach Gardens,
Florida relating to limitations on height waivers;
amending Section 78-158, Code of Ordinances,
entitled “Waivers to Planned Development
District Regulations”; amending Section 78- 184,
Code of Ordinances, entitled “Height of
Buildings” to impose limitations on height
waivers; providing for codification; and providing
an effective date.
2
Date Prepared: February 20, 2007
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RESOLUTION 31,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RECOGNIZING THE SCIENTIFIC
ACCOMPLISHMENTS OF SCRIPPS FLORIDA; REQUESTING
CONTINUATION OF THE FLORIDA INNOVATION INCENTIVE FUND;
RESPECTFULLY REQUESTING THE LEADERSHIP OF THE STATE
OF FLORIDA TO CONTINUE TO PROMOTE THE LIFE SCIENCE
INDUSTRY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 2003, the Florida Legislature appropriated $31 0 Million to attract
Scripps Florida to the State of Florida; and
WHEREAS, in 2006, the State of Florida created the Florida Innovation Incentive
Fund to enable Florida to take advantage of once-in-a-lifetime opportunities and statewide
priorities that will yield a significant return for Florida taxpayers long term; and
WHEREAS, in 2006, the State of Florida appropriated $200 Million to fund the
Florida Innovation Incentive Fund: and
WHEREAS, the Florida Innovation Incentive Fund has successfully attracted the
internationally recognized research institutes of Torrey Pines Institute for Molecular Studies,
the Burnham Institute, and SRI, Inc. to further the State of Florida’s Life Science Industry;
and
WHEREAS, the City of Palm Beach Gardens appropriated $3 Million to assist Palm
Beach County in constructing Scripps Florida Permanent Facilities; and
WHEREAS, the Scripps Florida Initiative has achieved the following results:
Employed 209 people and filed 29 patent applications.
Received 22 grants totaling $1 3 Million from federal agencies, including the
National Institute of Health (NIH).
Licensed 14 technologies to Novartis and has entered into a number of in-license
agreements.
Established collaborative relationships with three Florida-based institutions:
Jupiter Medical Center, Dyadic International, and IBM.
Executed Joint Cooperation Agreements (JCAs) with five Florida universities.
Implemented Scripps Florida’s High School Summer Internship Program.
Date Prepared: February 20, 2007
Resolution 31, 2007
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Implemented the Summer Research Program for middle and high school
teachers at Scripps Florida.
Participated in several trade missions organized by Enterprise Florida in
conjunction with the Governor’s Office of Tourism, Trade and Economic
Develop men t .
’ Conducted the Inaugural Oxford International Biotechnology Conference in Palm
Beach.
c ntri but d $149,347,570 to Florida’s total economic output in Fiscal Year
2005/2006.
WHEREAS, the Business Development Board of Palm Beach County, Inc. has
developed innovative programs to recruit and retain organizations in the Life Science
Industry and has a strong and growing pipeline of prospective organizations to add the life
science community in Palm Beach County. These include four world-renowned basic
biomedical research institutes, two for-profit enterprises, and two research hospitals; and
WHEREAS, the residents of the State of Florida and the Institutions of Scripps
Florida, Burnham Institute, Torrey Pines Institute for Molecular Studies, and SRI, Inc. will
receive exponential benefits from the State continuing to invest in the Life Science Industry;
and
WHEREAS, the City Council of the City of Palm Beach Gardens is desirous of
continuing to grow the Life Science Industry in Palm Beach Gardens, Palm Beach County,
and throughout the State of Florida.
WHEREAS, the City Council has determined that adoption of this Resolution 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 recitals are hereby affirmed and ratified.
SECTION 2. The City respectfully requests the Florida Legislature’s and Governor
Crist’s leadership in the Life Science Industry by reauthorization of the Florida Innovation
Incentive Fund for economic incentives for the Life Science Industry for the purpose of
identifying, attracting, and/or expanding the biotechnology, medical science, and related
health care and technology research business sectors to Florida.
SECTION 3. This Resolution shall become effective immediately upon adoption.
2
Date Prepared: February 20, 2007
Resolution 31, 2007
PASSED AND ADOPTED this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
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31 VICE MAYOR BARNETT
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33 COUNCILMEMBER JABLIN
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35 COUNCILMEMBER LEVY
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37 COUNCILMEMBER VALECHE
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Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
Christine P. Tatum, City Attorney
BY:
Joseph R. Russo, Mayor
AYE NAY ABSENT --
42 43 G:\attorney-share\RESOLUTlONS\recognizing scientific accomplishments of scripps fl - reso 31 2007.doc
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ti 9 m
FUTURE KYOTO GARDENS DRIVE AT-GRADE RAILROAD CROSSING.
The CITY makes promises but they are not always carried out. One example is the future
Kyoto Gardens Drive at-grade railroad crossing.
On August 09,1999 the residents of Garden Woods sent a petition to the CITY saying
that if a railroad crossing was needed North of PGA Blvd it must be an overpass type due
to ADDITIONAL TRAIN HORN NOISE and SAFETY to the residents of Garden
Woods only 500 ft away from that new railroad crossing.
Not taking notice of the Garden Woods petition the City passed Resolution 147,1999 on
Nov 18,1999 demanding a railroad crossing at Kyoto Gardens Drive. The Resolution did
not specify “Grade railroad crossing” which is at ground level or “Grade separated
railroad crossing” which is an overhead highway bridge. On Nov 19,1999 the City sent a
request to FDOT asking the authorization for an “at-grade railroad crossing” which is
ground level. The residents of Garden Woods were not advised.
The residents of Garden Woods asked for a WAYSIDE HORN at the crossing itself. It
would cut down abut 80% of horn noise compare to the train horn noise. On Aug 29,
2003 the City in an e-mail to Roger Blangy promised they would do everything possible
to have a WAYSIDE HORN installed at the Kyoto Gardens Drive at-grade crossing.
On July 22,2005 the Florida East Coast Railway sent a letter to the City Engineer giving
an estimate of $158,OO0.00 for preliminary Engineering work for the installation of a
WAYSIDE HORN at Kyoto Gardens Drive. In the same letter FEC advised the City that
before any work could start, a RISK INDEX for the future crossing would have to be
done by the FEDERAL RAILROAD ADMINISTRATION for a QUIET ZONE.
On February 08,2006 the City Attorney advised Roger Blangy that the City Council
made it abundantly clear they would not consider expending taxpayer money for the
installation of a WAYSIDE HORN SYSTEM at the future Kyoto Gardens Drive at-grade
railroad crossing and they would instead continue to pursue a QUIET ZONE designation.
Because the future Kyoto Gardens Drive at-grade railroad crossing had been declared
UNSAFE by FEC in their letter dated May 29,2001 to the City Manager it is very
unlikely that a NO TRAIN HORN BLOWING will be authorized for the Kyoto Gardens
Drive at-grade railroad crossing. In their letter FEC recommended a grade separated
crossing or overhead highway bridge for Kyoto Gardens Drive due to SAFETY.
The traffic at Kyoto Gardens Drive will be very heavy, 10,000.00 daily cars predicted by
the County Engineering. After been warned by FEC and the residents of Garden Woods,
the City will be taking a very big chance on building an at-grade crossing for Kyoto
Gardens Drive due to SAFETY. Therefore the residents of Garden Woods are asking one
more time for the REPEAL of Resolution 147,1999 already ask in a petition to MAYOR
Joe RUSSO on May 22,2001.
Roger Blangy, 11658 Hemlock n St Palm Beach Gardens F133410
63/6 110 7
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CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
A PROCLAMATION BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA, PROCLAIMING "WOMEN IN CONSTRUCTION WEEK"
FROM MARCH 4, 2007 TO MARCH 10, 2007
WHEREAS, THE National Association of Women in Construction (NA WIC) Greater
Palm Beach, Chapter 87 has for 35 years distinguished itself as the voice of women in
construction in Palm Beach Gardens; and
WHEREAS, the NA WIC Greater Palm Beach, Chapter 87 has benefited the City
through community development and educational programs such as the renovation of the
Nelle Smith Residence for Girls on Sunset Drive in Palm Beach Gardens; and
WHEREAS, the construction community, represented by NA WIC Greater Palm Beach,
Chapter 87 has been a driving force in fostering community development through renovation
and beautification projects; promotion of skilled trades careers; and a positive vision of the
future; and
WHEREAS, the NA WIC Greater Palm Beach, Chapter 87 has sought to achieve
successful results for the City of Palm Beach Gardens and surrounding areas in a
cooperative spirit with other organizations.
NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the
City of Palm Beach Gardens, Florida, do hereby recognize the NA WIC Greater Palm Beach, Chapter 87 and
its many dedicated volunteers for its steadfast work on behalf and support of women in construction, and do
proudly proclaim the week of March 4-10, 2007 as "Women in Construction Week" and encourage our
citizens to congratulate the organization on its many accomplishments.
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 1st day of
March in the Year of our Lord, Two
Thousand Seven