HomeMy WebLinkAboutAgenda Council Agenda 020206City of Palm Beach Gardens
Council Agenda
February 2, 2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Levy
Vice Mayor Jablin Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 2, 2006
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. (Page 5) Presentation to retired police K-9 Cabal.
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
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. (Page 9) Approve Minutes from the January 5, 2006 regular City Council
meeting.
b. (Page 14) Approve Minutes from the January 12, 2006 special City Council
meeting.
c. (Staff Report on Page 18, Resolution on Page 33) Resolution 15, 2006 -
Interlocal Agreement with Palm Beach County. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement
with Palm Beach County to effectuate the exchange of land and Geographic
Information System (GIS) data; authorizing the Mayor and City Clerk to execute
such Interlocal Agreement; and providing an effective date.
d. (Page 42) Proclamation – Step up Florida Day.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
Part II – Non-Quasi-judicial
a. (Staff Report on Page 43, Ordinance on Page 47) Ordinance 1, 2006 – (2nd
reading and adoption) Expedited Development Review Program for Economic
Development Projects. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida relating to an Expedited Development Review Program
for Economic Development Projects; creating a new Section 78-57, Code of
Ordinances, to be entitled “Targeted Expedited Permitting Program”; providing
for codification; and providing an effective date.
X. RESOLUTIONS:
a. (Staff Report on Page 81, Resolution on Page 85) Resolution 5, 2006 -
Approve a contract award to Construction Technology, Inc., for the construction
of the Sandhill Crane Access Park. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida awarding a contract to Construction Technology,
Inc. for the design and construction of Sandhill Crane Access Park and all related
appurtenances; authorizing the City Manager to take all actions necessary to
complete the project in a timely manner; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 262, Ordinance on Page 265) Ordinance 8, 2006 -
Amending Article III of the City of Palm Beach Gardens Code of Ordinances,
Entitled Police Officers’ Retirement Trust Fund. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to the Police
Officers’ Retirement Trust Fund; amending Section 50-116, Code of Ordinances,
entitled “Normal Retirement”; amending Section 50-135, Code of Ordinances,
entitled “Annual Adjustments”; amending Section 50-136, Code of Ordinances,
entitled “Monthly Supplemental Benefits”; 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: January IO, 2006
Meeting Date: February 2, 2006
SubjectlAgenda Item: Transfer ownership of retired police K-9 Cabal to Officer
Michael Stelicha
[XI Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
City Attorney
cd
Fnr
Submitted by:
Department Director
City Man&er
Originating Dept.:
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ x ] Not required
costs: $ 0
(Total)
$- Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attac hments :
[ ]None
Date Prepared: January IO, 2006
Meeting Date: February 2,2006
BACKGROUND: Officer Michael Stelicha has requested permission to assume legal
ownership of K-9 Cabal who was assigned to him and is now being retired from service.
K-9 Cabal began his career with the Police Department in March 1999. He has been an
asset to this City but due to his deteriorating health, he is no longer able to perform his
duties. K-9 Cabal and his handler are the Department’s only team trained to detect
explosives. In our City alone, they were tasked numerous times to search for explosives in
suspicious packages, during bomb threats, and pre-arrival of dignitaries. The Stelicha and
Cabal team was relied upon heavily in keeping citizens safe after the September Ilth
attacks. We are confident that Officer Stelicha will continue providing K-9 Cabal a good
home and provide the care and attention he needs.
STAFF RECOMMENDATION: Staff recommends that the City Council approve the
transfer of ownership of K-9 Cabal to Officer Stelicha. By doing so, Officer Stelicha will
assume all responsibility for the canine and indemnify the City from any and all costs,
liability, expenses, and claims arising from any accident, injury, or damage whatsoever
caused by Cabal.
PALM BEACH GARDENS POLICE DEPARTMENT
UNIFORM OPERATIONS BUREAU
INTEROFFICE MEMORANDUM
TO: CHIEF STEPHEN STEPP Y
FROM: MAJOR ROBERT ARTOL&
DATE: JANUARY 13,2006
SUBPECT: RECOMMENDED RETIREMENT OF K-9 CABAL
On January 7, 2006, Officer Michael Stelicha took Canine Cabal to the Promenade Animal
Hospital for a follow up after having surgery to remove a tumor. Dr. Posey felt that Cabal’s
health was declining and therefore recommended that Cabal be retired from active service.
Officer Stelicha has asked to retain ownership of Cabal and assume all responsibility associated
with him. I recommend that Cabal be retired immediately and be awarded to Officer Stelicha. I
have attached Dr. Posey’s letter and the Agenda Cover Memorandum requiring your signature if
you were to approve the retirement and transfer of Cabal.
cc: Major Bunch
Major Carr
Captain Facchine
Sergeant Wright
January 7,2006
To whom it may concern,
I am recommending that the canhe Cabal be retired due to hi3s
continued decline in health.
Sincemly,
Tate Posey DVM
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
January 5, 2006
The January 5, 2006 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:05 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Russo, and opened with the Pledge of Allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy,
Councilmember Valeche, and Councilmember Barnett.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett indicated she was looking forward to the New Year.
Councilmember Levy wished everyone happy new year. Councilmember Valeche
commented this was the beginning of the budget process for 2007, and recommended giving
more guidance to the staff and manager at the beginning of the process. Councilmember
Valeche distributed a draft resolution to that effect. Councilmember Valeche read the draft
resolution into the record and asked that his fellow Councilmembers consider it and then
provide input. The Resolution stated that he wanted to keep operational expenses same in
2007 as 2006, therefore some items would have to be cut back. Discussion ensued. Reaction
from other Councilmembers was that they considered this a worthwhile goal but expressed
concern that the city is still growing and that growth must be serviced; no one wanted to
decrease levels of service. The City Manager indicated everyone was in favor of containing
costs, and recommended following the Charter, which called for an annual retreat workshop
to discuss issues, priorities, and goals, so that budget goals would be formulated as a team.
Councilmember Valeche suggested review of the vision document at a workshop; and
expressed his opinion that it was not improper to bring this up without consulting the City
Manager, as had been suggested by the Vice Mayor. The Vice Mayor indicated it was scary
to him to back into the numbers and he wanted everyone to respect all those involved, and he
was in favor of starting early. The City Manager indicated he would confer with the Finance
Director regarding numbers and would communicate with Council the following week as to
when a meeting could take place. Mayor Russo reported he had attended the baseball youth
camp, which was a great event. The Mayor recommended sending a letter to Zack Miner
thanking him for doing this for the community. Vice Mayor Jablin expressed thanks to staff
for their work on the Hanukkah party. Mayor Russo indicated he would attend a meeting of
North County Cities to be hosted the next day by Commissioner Marcus regarding Scripps,
and would report back. Mayor Russo reported he, Commissioner Marcus, and the City
Manager and staff would meet with the School Board on Monday to discuss the plan for the
new high school. Councilmember Barnett requested discussion of the appropriateness of the
size of the land available, but indicated she did not want to give up any of the parks in the
center of the City. Mayor Russo announced he had requested staff to hold meetings at all the
newer communities to discuss their issues before the Town Hall meeting, and the meeting for
Mirasol was set for February 6. A new reporter from Hometown News was welcomed.
CITY MANAGER REPORT:
Seacoast Utility Authority Rate Proposal and modifications to the Hood Road and Richard
Road Water Treatment Plants - Howard Osterman presented the rate proposal for Seacoast
Utility Authority, which would refurbish the existing plant, comply with regulations, and
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/5/06
2
provide the highest quality water for their customers. David Xavier, LBF&H, provided a
Power Point P2resentation of the history of the utility, and the engineering report which
recommended changing the process from lime softening to reverse osmosis. The proposed
increase would be $4 or $9 to the average water user, depending on the amount of
improvements. Rim Bishop, Executive Director, Seacoast Utility Authority, provided the
number of gallons currently pumped. Councilmember Levy commented there were also
health risks to consider. Mayor Russo thanked the Seacoast Utility Authority representatives
for their presentation.
COMMENTS FROM THE PUBLIC:
Vito DeFrancesco, Shady Lakes, commented there had been no public hearing notice for the
quasi-judicial hearings on tonight’s agenda in the paper since they were resolutions, and the
public did not know what the Midtown PUD was, and he felt they had not had sufficient
notice, and asked that the Midtown item be pulled from tonight’s agenda. The City Attorney
responded the code did not require individual notice for art in public places; therefore, notice
was only posted in the building and on the website. Consensus of Council was in the future
when there was a name change to state formerly known as, or part of.
James Carlberg, Johnson Dairy Road, Union Square, requested that code enforcement re-
audit the number of handicap parking spaces at Union Square for compliance. The City
Attorney responded that she, Kelvin Wise, and Michael Sanchez would meet with Mr.
Carlberg on this matter.
CONSENT AGENDA:
Vice Mayor Jablin moved approval of the consent agenda. Motion was seconded by
Councilmember Levy and unanimously approved. Therefore, the following items were
approved on the consent agenda:
a. Approve Minutes from the December 1, 2005 regular City Council meeting.
b. Resolution 3, 2006 - Traffic Enforcement Agreement with The Isles Homeowners
Association, Inc. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an agreement for Traffic Control Jurisdiction between
the City of Palm Beach Gardens and the Isles Homeowners Association, Inc.; and
providing an effective date.
c. Resolution 8, 2006 – Approve amendment number one to an agreement with Wendy
M. Ross. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the final cost quote of $295,937, and authorizing the execution of
an amendment the agreement with Wendy Ross for the design, fabrication, and
installation of sculptures for the PGA Boulevard Flyover Towers; and providing an
effective date.
PUBLIC HEARINGS:
Part I – Quasi-judicial - Mayor Russo announced the procedures to be followed in tonight’s
quasi-judicial proceedings. The City Clerk swore in all those intending to speak in any of
tonight’s quasi-judicial hearings.
Resolution 1, 2006 – South Florida Blood Bank Plat. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the South Florida Blood Bank Plat; and
providing an effective date. The City Clerk read Resolution 1, 2006 by title only. Mayor
Russo declared the public hearing open. No ex-parte communication was reported. Hearing
no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor
Jablin moved approval of Resolution 1, 2006. Councilmember Levy seconded the motion,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/5/06
3
which carried by unanimous 5-0 vote.
Resolution 2, 2006 - Approving the Mirasol PCD Parcel Ten Plat. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Mirasol Parcel Ten Plat;
and providing an effective date. The City Clerk read Resolution 2, 2006 by title only. Mayor
Russo declared the public hearing open. No ex-parte communication was reported. Hearing
no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor
Jablin moved approval of Resolution 2, 2006. Councilmember Levy seconded the motion,
which carried by unanimous 5-0 vote.
Resolution 6, 2006 – Approving the Art in Public Places for the Midtown Planned Unit
Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the Art in Public Places for the Midtown Planned Unit Development
(PUD), which is located along the North side of PGA Boulevard between Gardens Square
Boulevard and Shady Lakes Drive, as more particularly described herein; providing for
conditions of approval; and providing an effective date. The City Clerk read Resolution 6,
2006 by title only. Mayor Russo declared the public hearing open. Councilmember Levy
reported he had spoken by phone to Lucy Keshavarz and the conversation had been
regarding safety issues, the footing, and how the structure would be put together. The Vice
Mayor reported ex-parte communication with Lucy Keshavarz and the Artist. It was clarified
that the name had been changed from The Borland Center to Midtown for the commercial
component around the time they sought a permit, and The Borland Center still existed for the
enrichment part of the church. Staff agreed that in the future, anytime Midtown was
mentioned there would be an accompanying statement, formerly known as The Borland
Center. Lucy Keshavarz, Art and Culture Center Group, presented the project on behalf of
the applicant. Terry Thomas, the artist, described the sculpture and presented the model.
Mayor Russo declared the public hearing open. Vito DeFrancesco, Shady Lakes, expressed
his opinion that nobody knew what this project was and yet a public hearing was being held,
and there was no outdoor eating approved for the site and all the money was being spent for
a backdrop for a restaurant which was not art in public places, and it would be only 15 feet
from the road. It was clarified by the applicant that the sculpture was to be a lot more than 15
feet off the roadway. To be sure there was proper notice and everyone knew what the project
was, that it was the Borland Center, consensus was to postpone this item and on the next
agenda to state the current name and that it was formerly known as The Borland Center, and
requests were made by council members that the information be provided how far the closest
part of the sculpture was from the road and its angle. Vice Mayor Jablin made a motion to
continue the public hearing for Resolution 6, 2006 to a date certain of January 19, 2006.
Motion was seconded by Councilmember Levy and unanimously carried by 5-0 vote.
Resolution 7, 2006 - Approving the Art in Public Places for the Donald Ross Village
Planned Unit Development (PUD). A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the Art in Public Places for the Donald Ross Village
Planned Unit Development (PUD), which is located along the South side of Donald Ross
Road between Military Trail and Central Boulevard, as more particularly described herein;
providing for conditions of approval; and providing an effective date. Mayor Russo declared
the public hearing open. Vice Mayor Jablin reported ex-parte communication that he had
spoken with Marty Minor. Marty Minor, Urban Design Studio, presented the project on
behalf of the applicant. Discussion ensued regarding the pieces being made by craftsmen
rather than artists and being mass produced. Joan Elias, 1009 Diamond Head Way,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/5/06
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commented in favor of the proposed art as appropriate for the location and expressed her
opinion it carried the message the City was for families. Carolyn Chaplik, Hudson Bay
Drive, commented she loved the proposed art. Mr. Wu reported the art committee had
struggled with this and their vote had been 4-3. Vice Mayor Jablin made a motion to approve
Resolution 7, 2006. Councilmember Levy seconded the motion, which carried by unanimous
5-0 vote.
Part II – Non-Quasi-judicial
Ordinance 36, 2005 – (2nd reading and adoption) Amending the Fiscal Year 2004/2005
Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning October 1,
2004, and ending September 30, 2005, inclusive; and providing an effective date. The City
Clerk read Ordinance 36, 2005 on second reading by title only. Mayor Russo declared the
public hearing open. Hearing no comments from the public, Mayor Russo declared the
public hearing closed. Vice Mayor Jablin made a motion to approve Ordinance 36, 2006 on
second reading by title only. Councilmember Levy seconded the motion, which carried by
unanimous 5-0 vote.
Ordinance 39, 2005 - (2nd reading and adoption) Amending the Fiscal Year 2005/2006
Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning October 1,
2005, and ending September 30, 2006, inclusive; and providing an effective date. The City
Clerk read Ordinance 39, 2005 on second reading by title only. Mayor Russo declared the
public hearing open. Hearing no comments from the public, Mayor Russo declared the
public hearing closed. Vice Mayor Jablin made a motion to approve Ordinance 39, 2006 on
second reading by title only. Councilmember Levy seconded the motion, which carried by
unanimous 5-0 vote.
ORDINANCES FOR CONSIDERATION OF FIRST READING:
Ordinance 1, 2006 - Expedited development review program for Economic Development
Projects. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to an expedited development review program for Economic Development Projects;
creating a new Section 78-57, Code of Ordinances, to be entitled “Targeted Expedited
Permitting Program”; providing for codification; and providing an effective date. The City
Clerk read Ordinance 1, 2006 on first reading by title only. Vice Mayor Jablin made a
motion to place Ordinance 1, 2006 on first reading by title only. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote.
Ordinance 2, 2006 - Approval of a seven-year franchise agreement to Waste Management,
Inc. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida granting
an exclusive Solid Waste, Recycling, and Vegetative Waste Collection Services Franchise to
Waste Management, Inc.; authorizing the Mayor and City Clerk to execute the franchise
agreement with Waste Management, Inc.; and providing an effective date. The City Clerk
read Ordinance 2, 2006 on first reading by title only. Mike Morrow presented the proposed
ordinance. Vice Mayor Jablin made a motion to place Ordinance 2, 2006 on first reading by
title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/5/06
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Mayor Russo reported receipt of a letter asking for a memorial at the Recreation Center for
members of the Johansen family killed in the recent Chalk’s plane crash. Staff reported the
son had helped with the PBGYAA web site, and the father had been involved in the early
inception of coaching in the community. Staff was directed to bring back options.
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 9:50 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR JABLIN
____________________________________
COUNCILMEMBER LEVY
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
January 12, 2006
The January 12, 2006 Special Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 5:01 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Russo, and opened with the Pledge of Allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy,
Councilmember Valeche, and Councilmember Barnett.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Resolution 16, 2006. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida expressing continued support for the Scripps Research Institute locating in Palm
Beach County; and providing an effective date. Mayor Russo expressed thanks for the quick
response in getting this meeting together, and explained he had felt the meeting was
necessary because the rules of the game had changed. Mayor Russo commented that 3-4
weeks ago the City Council had made a decision to step away from the Scripps issue from
the point of not wanting to contribute more emotion. The City had provided a significant
amount of information to the State and County regarding Scripps, and after emotion against
the City was expressed at the last County Commission meeting, the City had decided to step
away to hopefully help the process. Mayor Russo explained that now things had changed and
he felt that stepping away did not show the commitment the City had to Scripps. Boca Raton,
Delray, South County, and Deerfield Beach were now very actively involved in the process,
and Mayor Russo expressed his opinion that the whole State of Florida and the County of
Palm Beach needed to know that Palm Beach Gardens was as committed as ever to be sure
that Scripps was successful in South Florida. The Mayor stated that the goal was to put
Scripps here, and he believed that Boca Raton was involved because they had seen the
process floundering, and he thought Palm Beach Gardens should take a leadership role to get
this back on track however it could be done. That was the reason for tonight’s meeting and
he thought the proposed resolution put into perspective where the process stood, the
direction of the City, and where the City wanted to go.
Vice Mayor Jablin clarified that the City had previously directed staff to investigate how an
overlay zone could be created, on which unfortunately some people had placed a negative
spin, but it had been a positive action. The Vice Mayor commented that the City had
requested the County to provide in writing what they would like, but with the acquiescence
of the Council he wanted to correct that now to state the City would provide posthaste
whatever the County needed with a phone call. Mayor Russo commented he had never
stopped working on this but had continued to attend meetings and always had been able to
relay the City’s perspective, and stressed the City’s intent to help in any way possible to
place Scripps in a location where it would provide the best economic impact for the County
and the State.
Councilmember Levy commented he had given this matter a lot of thought and stated the
Abacoa/Briger site was far superior to the other choices, with the university already there
and arrangements already in place to do collaboration work with the University of Florida
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 1/12/06
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and Florida State University. Councilmember Levy indicated he would like to make this a
complete North County effort, with the City reaching out to Jupiter, North Palm Beach,
Riviera Beach and Lake Park, who would all greatly benefit if Scripps were located at the
Abacoa/Briger site. Councilmember Levy advised that he represented, as an environmental
consultant, a property owner who wanted Scripps at the Abacoa/Briger location because he
owned buildings in Lake Park, Riviera Beach, and Mangonia Park that could easily be
converted as rentals for high-tech facilities, and that would be a good place for incubator and
startup laboratories. Mayor Russo reported Commissioner Marcus had been holding
meetings of North County Cities, and Lake Park and Riviera Beach had been attending and
were involved. Mayor Russo explained that there was to be a meeting the next morning and
the purpose of tonight’s meeting was to be able to have a staff representative present, and to
be prepared to act, since staff had previously been directed not to work on this matter. At this
point nothing had been requested of the City, but Mayor Russo expected there would be
requests shortly. Councilmember Barnett asked if information had been provided about the
large amount of land available in the City. Senior Planner Kara Irwin provided a report on
what had previously been done by staff in providing information. Mayor Russo reported that
Jupiter and Lake Park and Riviera Beach were all providing the same information.
Councilmember Valeche commented he felt it unfortunate the City had been viewed by some
as uncooperative and he would be happy to support the resolution. Councilmember Barnett
indicated she did not want the resolution to look defensive. Councilmember Valeche also felt
some of the language was defensive, and suggested changes in the language.
In the second recital, Councilmember Valeche stated he was not sure whether Scripps
Research Institute had selected the site, and asked staff to research who had really selected
the site, and if it had been the county and Scripps together to put that in. Councilmember
Levy suggested just saying the site had been selected and not to say who selected it.
Councilmember Valeche suggested after the parcel west of Palm Beach Gardens known as
Mecca Farms to add in parenthesis (“the Research Park”). Discussion ensued. It was
suggested to omit the history, eliminating items 1, 2, and 3. Vice Mayor Jablin suggested an
addition: That this Council direct staff to continue to work with the County, Jupiter, Lake
Park, North Palm Beach, and Riviera Beach to promote the location of Scripps Research
Institute in north Palm Beach County. Councilmember Barnett suggested stating: “Generally
provide information to”. Councilmember Levy requested the language regarding the
comprehensive plan amendments be left in to show the City had done that; Councilmember
Valeche felt the other items should remain if one was left in. Councilmember Barnett
indicated the purpose was that the Council wanted to continue to direct staff to work on this
and to state to whom they were to provide information. Vice Mayor Jablin noted that was
why he had suggested adding the language: That this Council direct staff to continue to work
with the County, Jupiter, Lake Park, North Palm Beach, and Riviera Beach to pursue or
promote the location of Scripps Research Institute in north Palm Beach County.
Councilmember Levy suggested adding a point person from the Council to this and giving
the Mayor that authority. Vice Mayor Jablin commented he thought the City Manager also
should be free to do whatever was needed and did not want to tie anyone’s hands—this was
too important. Mayor Russo advised he had been doing that—taking the position of this
Council wherever he went—but the Council was not leading an effort to lure Scripps to their
City as Boca Raton and Delray were, this Council was working with other north county
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 1/12/06
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cities to get Scripps here. At this point Scripps could not come to the City of Palm Beach
Gardens unless something was changed within the City that allowed them to do that land
wise. The City was in a supportive role, and should be right there to support Jupiter, where
Scripps might go, and expressed hope that Riviera Beach and Lake Park would also provide
support for Jupiter since they both had land that would support this process. Councilmember
Levy noted that Mangonia Park had buildings that would be very useful; Mayor Russo
responded he would bring that up at the next day’s meeting. Councilmember Barnett
suggested adding language about economic, educational, and living benefits by having
Scripps in neighboring vicinity. Mayor Russo advised whenever he was interviewed by a
newspaper reporter he always talked about the impact that Scripps would have on better
education, better jobs, better culture, and better economic impact to the State by locating in
north county, and without this there it would almost be impossible to lure other businesses
here. Councilmember Barnett suggested adding that to the resolution. Mayor Russo reported
he had spoken to Senator Pruitt, Senator Atwater, Commissioner Massalotti, Commissioner
Newell, Commissioner Marcus, Representative Domino, and almost anyone who would talk
about this and they knew the City was in a supportive rather than a leadership role.
Councilmember Levy suggested giving tours to some of the State leaders so they could see
the land and buildings that were available in the north county area. Mayor Russo suggested
taking Commissioner Green on a tour, and inviting all the commissioners—the decision was
really up to the county commissioners. After a decision was made there would be a lot of
work to do to get other businesses to come here, and he felt things would happen fast during
the next week. Councilmember Barnett requested that any other information be brought forth
at this meeting. Mayor Russo commented he knew of nothing except the inventory, and the
other cities were preparing their inventories, and there would be a meeting the next morning.
Councilmember Barnett commented she saw no difference in now and several months ago.
Mayor Russo commented this meeting was to have staff in a position where they could work
on this.
The City Attorney read aloud the revised resolution, advising she had deleted all the
“whereas” clauses and deleted Section 1, which had just re-stated the “whereas” clauses. The
revised Section 1 now read: The City Council of the City of Palm Beach Gardens, Florida
recognizes the importance of and continues to support the location of the Scripps Research
Institute in Palm Beach County. Section 2: Additionally, the City Council of the City of Palm
Beach Gardens, Florida expresses its preference for the location of the Scripps Research
Institute in northern Palm Beach County and particularly in the Palm Beach
Gardens/Jupiter area. Section 3: The City Manager is hereby directed to continue to
cooperate with Palm Beach County and the municipalities in Palm Beach County to support
efforts to locate the Scripps Research Institute in the north county area. This resolution shall
become effective immediately upon adoption.
Mayor Russo advised that the City had not met with Scripps because they felt this
transaction was structured between the State and Scripps, and they had brought it to the
county, so the City felt they should work through the county. Councilmember Levy
commented Scripps had stated they would go anywhere to get this deal done, but their
preference was the Abacoa/Briger site.
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 1/12/06
4
Vice Mayor Jablin moved approval of Resolution 16, 2006. Councilmember Levy seconded
the motion, which carried by unanimous 5-0 vote.
Mayor Russo requested the City Manager provide a member of staff to attend the meeting
the next day. Councilmember Levy noted this Council was 100% unified in doing the right
thing for the Scripps Research Institute. Mayor Russo indicated he believed the Commission
had directed staff to provide information to them by February 20. The Mayor felt any tours
should be coordinated through the group that was meeting the next day.
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 5:36 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR JABLIN
____________________________________
COUNCILMEMBER LEVY
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 12,2006
Meeting Date: February 2,2006
Resolution 15,2006
SubjecUAgenda Item:
Resolution 15, 2006: Interlocal Agreement between Palm Beach County and Palm
Beach Gardens to exchange Geographic and Land Infordation with Palm Beach
County, Florida
[XI Recommeqdation to Approve I
City Attorney:
1 Growth Management
Information Technology
Information Systems Admin.
Eric Holdt
Approved By:
City Manager:
1 Ronald M. Ferris
Denv
Originating Dept.:
Growth Management:
Melissa Prindiville, GIS
Manager
[ ] Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
Advertised :
Date:
Paper:
[XI Not Required
-Public Notice:
1 Yes
[ 1 No
[ XI Not Required
=inance: NA
sosts: $ NA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 124,2000
Resolution 142, 1999
Resolution 15.2006
Date Prepared: January 12,2006
Meeting Date: February 2,2006
Resolution 15, 2006
BACKGROUND
Palm Beach County has invested in and built geographic databases for mapping and
analysis purposes. The maintenance and upkeep to these massive databases are
extensive. In 1999, the County reserved the right of authorship and ownership for its
geographic databases and began a program to exchange data with other localities to
provide the most effective way to maintain and update the databases that mutually benefit
municipalities and the County. As part of the program, the County wrote an
intergovernmental rider permitting municipalities to use the data on a non-exclusive, royalty
free basis. In October 1999, the City of Palm Beach Gardens executed the Palm Beach
County “GIS Information Policy” Data License Agreement- Intergovernmental Rider per
Resolution 142, 1999. This license agreement recognized Palm Beach County as the
owner of the geographic data and specified conditions for distribution.
In addition to the governmental rider, the City approved a data sharing agreement
Resolution 124,2000. This agreement provided for the seamless exchange of geographic
data allowing for the purchase of digital ortho photography, property appraisers parcel
graphic data and other geographic features providing for a mutual benefit between
governmental bodies. For example, the City provides situs addresses, centerline
correction and updates, zoning and land use data to the County. In return the County
provides the City with important information such as parcel graphics and database based
on the tax roll, centerline, and digital ortho photography.
INTERLOCAL AGREEMENT RENEWAL
The County wishes to renew the data sharing agreement which expired on December 7,
2005. Unlike previous agreements, the proposed interlocal agreement does not have an
expiration date but may still be terminated upon proper written notice. The county has also
rescinded the “GIs Information Policy” which copyrighted and licensed the data. Now the
data is provided for the cost of duplication under public records.
Staff is requesting the approval of the agreement to continue the improvement of the City’s
base map and associated features. Without the interlocal agreement (1) the City could not
effectively analyze and update property data in the City and potential annexation areas
effectively; (2) the city would need to purchase digital orthophotography costing thousands
of dollars; and (3) there would be conflict in data type and procedures providing
inconsistencies between agencies.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 15,2006 which authorizes the execution of
the Palm Beach County and Palm Beach Gardens Geographic Information Systems (GIS)
Data Sharing Interlocal Agreement.
2
.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION lay, 2000
A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PALM BEACH
GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERKTO
EXECUTE AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY
TO EFFECTUATE THE EXCHANGE OF LAND AND GEOGRAPHIC
INFORMATION SYSTEM (GIS) DATA; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City staff has recommended approval of an Interlocal Agreement
with Palm Beach County that would allow the City and Palm Beach County to share and
exchange land and geographic information system (GIS) data; and
WHEREAS, the City Council has determined execution of the Interlocal Agreement
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 i : The foregoing “WHEREAS” clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to
execute the lnterlocal Agreement with Palm Beach County, a copy of which is attached
hereto as Exhibit “A and incorporated herein by this reference, to effectuate the exchange
of land and geographic information system (GIS) data. By executing this Interlocal
Agreement, the City agrees to provide and maintain in its geographic and land information
system environment the information specified therein.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
-1 -
RESOLVED, ADOPTED AND APPROVED
I HEREBY CERTIFY that I have approved
this Resolution as to form. n
L~ONARD-G. RUBIN, CITY ATTORKEY-.
VOTE: AYE NAY ABSENT
/
4
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMAN SABATELLO / --
COUNCILWOMAN FURTADO 4
COUNCILMAN CLARK /--
-2-
EXHIBIT A
Current and anticipated geographic data requested from the City includes but is not limited to:
- City Situs Address WParcel Control Number - Address RangeKenterline Corrections & Updates (with metadata) - County Maintained Roads within jurisdiction (for verification purposes) - Hydrants - Park Locations - Preserves - Existing Land Use - Zoning - Critical Facilities - New Plats (digital)
The data to be provided by the County subject to Counmde PPM CW-R-007 (Fee Schedule Page 11)
includes:
- Centerline File - Parcel Graphics and Database (based on current Tax Roll) - Digital Ortho Photography (with available metadata) - County Situs Address File
Mechanisms, attribution and schedules for exchange of data will be decided by the Project Managers
upon execution of this Agreement, incorporating the most efficient vehicle and format possible.
Specific standards issues which shall be addressed include, but are not limited to:
8 Geocodingtaddressing standards (e.g. street names and addresses)
Information quality control objectives and methods
Positional accuracy/precision of map content and sources
Information completeness and update cycles
0 . Information sources and lineages
0 Information category conventions
8
0
Common base map component requirements are as documented and disseminated in data provided by the
County, including input scales, legends, symbols and annotation, cartographic generalization and database
editing and quality control.
Attached hereto is the Countywide PPM CW-R-007 Geographic Information Maintenance, Management,
and Dissemination.
Documents to be provided upon execution: Countywide Standard for Address Records in Electronic
Databases CW-0-047, Metadata Capture Format, Countywide Standard Naming Convention for Layers,
Features, Structures, and list of additional planned County data layers.
ORIGINAL
INTERLOCAL AGREEMENT
BETWEEN THE
CITY OF PALM BEACH GARDENS
AND
PALM BEACH COUNTY
This Agreement is entered onDe-c. 7
Gardens (the “City”) and Palm Beach County (the “County”). The City and the County are referred to
collectively as “the Parties”.
, 2000, between “the parties,” the City of Palm Beach
WITNESSETH THAT:
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Section 163.01, Florida
Statutes, as amended which permits local governmental units to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage, and
WHEREAS, the Parties executing the Agreement desire to share the benefits of exchanging geographic
and land information in order to have the most up-to-date and accurate information,
WHEREAS, the purpose of this Agreement is to provide a mechanism to share geographic and land
information on an ongoing basis,
WHEREAS, Parties will develop procedures for the exchange of geographic and land information in an
efficient and timely manner,
NOW THEREFORE, the Parties, in consideration of the mutual benefits flowing from each to the other
do thereby agree as follows:
ARTICLE 1 - STATEMENT OF AGREEMENT
1.1 The County GIS Service Bureau will provide County copyrighted and licensed geographic data to
the City as provided for in Countywide PPM CW-R-007 Geographic Information Maintenance,
Management and Dissemination. The City enters into this Agreement to initiate the exchange of updated
geographic and land information outlined in Exhibit A with the County on an ongoing basis.
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall commence on date of execution and remain
active for a period of five years fiom the date shown above, unless terminated earlier under Article 6.
.
ARTICLE 3 - SHARING AND OWNERSHIP
3.1 Each Party shall be responsible for modifications or alterations required at its location for sharing
and utilization of geographic and land information.
3.2 Each Party shall provide and maintain in its geographic and land information system environment
the information specified in this Agreement under Exhibit A. Said information shall be maintained in the
manner (including format, accuracy, symbology, and timeliness) also specified in Exhibit A and enhanced
as mutually agreed upon. In some cases, this will require modification to current practices. In such cases,
each Party will bear the cost of required modifications to its respective environment. Such information
shall be accessible to both Parties, subject to access and security procedures, license agreements, and
Federal, State and local law.
3.3 The City agrees to abide by standards set forth by the County in Exhibit A to:
Satisfy statutory requirements
Ensure compatibility of information
Improve productivity in applications development
Simplify procedures for end users.
Create greater efficiency in information sharing
3.4 The County will provide a Countywide Centerline file to the City. The City agrees to initiate a plan
to verify and enhance the Countywide Centerline file within its jurisdiction and provide a copy of such
enhancements back to the County.
ARTICLE 4 - PROJECT MANAGEMENT/NOTICE
4.1 Until otherwise notified in writing, the Project Manager for the City is Melissa Prindiville, City of
Palm Beach Gardens, at 10500 North Military Trail, Palm Beach Gardens, Florida 33410 at telephone
(561) 799-4249. The Project Manager for the County is Kelly Ratchinsky, Palm Beach County,
Information Systems Services, GIS Services, at 301 N. Olive Avenue, West Palm Beach, FL 33401,
telephone (561) 355-4275. The Parties shall direct all matters arising in connection with the performance
of this Agreement, to the attention of the Project Managers for resolution or action. The Project
Managers shall be responsible for overall coordination and oversight relating to the performance of this
Agreement.
4.2 All notices, demands, or other communications to the Parties under this Agreement shall be in
writing and shall be deemed received if sent by certified mail, return receipt requested, to:
City Manager
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Copies to: Palm Beach Gardens Attorney's Office
4 100 RCA Blvd
Palm Beach Gardens, FL 33410
Palm Beach County, Information Systems Services
GIs Service Bureau
Attention: Countywide GIs Coordinator
30 1 N. Olive Avenue, 4th Floor
West Palm Beach, FL 33401
Copies to: Palm Beach County Attorney's Office
301 N. Olive Avenue, 6th Floor
West Palm Beach, FL 33401
The Parties agree to provide a copy of all such notices under this Agreement to each Project Manager.
All notices required by this Agreement shall be considered delivered upon receipt. Should either party
change its address for notifications, written notice of such new address shall promptly be sent to the other
Party.
ARTICLE 5 - INDEMNIFICATION & INSURANCE
5.1 The Parties assume any and all risks of personal injury, bodily injury and property damage
attributable to the negligent acts or omissions of the Parties and the officers, employees, servants, and
agents thereof. Each of the Parties, as a local government agency, warrants and represents that it is self
funded for liability insurance, or has liability insurance, both public and property, with such protection
being applicable to the Parties by their officers, employees, servants and agents while acting within the
scope of their employment with the Parties. The Parties further agree that nothing contained herein shall
be construed or interpreted as (1) denying to either party any remedy or defense available to such party
under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to
be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in
Section 768.28, Florida Statutes.
ARTICLE 6- TERMINATION/SUSPENSION
6.1 This Agreement may be terminated by written notice of either Party to the other, to be effective
twelve (12) months after receipt. However, termination shall be carefully considered due to the potential
cost and disruption of operations to each of the Parties.
6.2 Data sharing may be suspended for failure to adopt County standards or for the adoption of policies
or engagement in activities which adversely affect the sharing or maintenance of said information. Notice
of proposed suspension shall be delivered to the other Party at least five (5) working days prior to
suspension. The notice shall state the reasons for the proposed suspension and suggest corrective actions
and a time frame within which these corrective actions may be taken to avoid suspension. Suspended
access to shared information shall be restored as soon as reasonably possible following sufficient
corrective action has been taken.
6.3 Each Party may enact an emergency suspension of data sharing. The GIS Coordinator shall declare
an emergency suspension and temporarily, but immediately, suspend or reduce access to information for
just cause. Reasons for emergency suspension include, without limitation, equipment failure;
unauthorized geographic information access; high potential for sabotage; failure to adopt and enforce
standards; and adoption of policies or engagement of activities which otherwise adversely affect the
operation, security or maintenance of the geographic information.
The GIS Coordinator shall notify the County GIS Policy Advisory Committee, and the other affected
Party immediately of any emergency suspension. The notice shall state the reasons for the emergency
suspension and suggest corrective actions and a time frame within which these correction actions may be
taken to safely allow restoration of access to geographic information. If the GIs Coordinator is confident
that actions have adequately corrected the situation, access to information shall be restored.
ARTICLE 7 - STANDARDS OF COMPLIANCE
7.1 The Parties, their employees, subcontractors or assigns, shall comply with all applicable federal,
state, and local laws and regulation relating to the performance of this Agreement.
7.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is
necessary for any party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth
Judicial Circuit Court. .
7.3 The Parties shall allow public access to all project documents and materials in accordance with the
provisions of Chapter 1 19, Florida Statutes. Should any Party assert any exemptions to the requirements
of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or
other relief as provided by law, shall be upon the asserting party.
7.4 The Parties hereby assure that no person shall be excluded on the grounds of race, color, creed,
national origin, handicap, age, sex or sexual orientation, from participation in, denied the benefits of, or
be otherwise subjected to discrimination in any activity under this Agreement. The Parties shall take all
measures necessary to effectuate these assurances.
ARTICLE 8 - GENERAL PROVISIONS
8.1 Each party shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in
this Agreement without the prior written consent of the Parties. Any attempted assignment in violation of
this provision shall be void.
8.2 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable
for any failure or any delay in the performance of this Agreement that arises fiom fires, floods, strikes,
embargoes, act of the public enemy, unusually severe weather, outbreak of war, restraint of Government,
riots, civil commotion, force majeure, acts of God, or for any other cause of the same character which is
unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perfom
shall be excused during the continuance and restorative aftermath period of such circumstances, but this
Agreement shall otherwise remain in effect.
8.3 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement
including all exhibits, attachments and all documents specifically incorporated by reference, shall be
interpreted as a whole to resolve any inconsistency.
8.4 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this
Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or
remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in
accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed
by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this
EXHIBIT A
Current and anticipated geographic data requested from the City includes but is not limited to:
- City Situs Address W/Parcel Control Number - Address RangeKenterline Corrections & Updates (with metadata) - County Maintained Roads within jurisdiction (for verification purposes)
- Park Locations - Preserves - Existing Land Use - Zoning - Critical Facilities - New Plats (digital)
- Hydrants
The data to be provided by the County subject to Countywide PPM CW-R-007 (Fee Schedule Page 11)
includes:
- Centerline File - Parcel Graphics and Database (based on current Tax Roll) - Digital Ortho Photography (with available metadata) - County Situs Address File
Mechanisms, attribution and schedules for exchange of data will be decided by the Project Managers
upon execution of this Agreement, incorporating the most efficient vehicle and format possible.
Specific standards issues which shall be addressed include, but are not limited to:
e
e
Geocodingladdressing standards (e.g. street names and addresses)
Information quality control objectives and methods
Positional accuracy/precision of map content and sources
e Information sources and lineages
e Information category conventions
0
e Information completeness and update cycles
Common base map component requirements are as documented and disseminated in data provided by the
County, including input scales, legends, symbols and annotation, cartographic generalization and database
editing and quality control.
Attached hereto is the Counlpvide PPM CW-R-007 Geographic Information Maintenance, Management,
and Dissemination.
Documents to be provided upon execution: Countywide Standard for Address Records in Electronic
Databases CW-O-047, Metadata Capture Format, Countywide Standard Naming Convention for Layers,
Features, Structures, and list of additional planned County data layers.
i
I
Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No
waiver shall constitute a continuing waiver unless the writing states otherwise.
8.5 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as
against any person, entity or circumstance during the term hereof, by force of any statute law or ruling of
any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this
Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and
effect to the extent permitted by law.
8.6 This Agreement may be amended only with the written approval of the Parties hereto.
8.7 This Agreement, along with the Personal Use License Agreement and Intergovernmental Rider which
are incorporated by reference herein, state the entire understanding and agreement between the Parties
and supersedes any and all written or oral representations, statements, negotiations, or agreements
previously existing between the Parties with respect to the subject matter of this Agreement, Personal Use
License Agreement and Intergovernmental Rider referenced in this section.
The Parties recognize that any representations, statements or negotiations made by the Parties' staff do
not suffice to legally bind the Parties in a contractual relationship unless they have been reduced to
writing and signed by the Parties' representatives. This Agreement, Personal Use License Agreement and
Intergovernmental Rider between the parties shall inure to the benefit of and shall be binding upon the
Parties, their respective assigns, and successors in interest.
IN Witness WHEREOF, the Parties or their duly authorized representatives hereby execute this
Agreement on the date first written above.
APPROVED AS FORM AND
LEGAL SUFFICIENCY
City of Palm Beach Gardens Counsel
APPROVED AS TO FORM
AND LEGAL, SUFFICIENCY
PALM BEACH COUNTY, FLORIDA
By: h+4L&
Title: Steve Bordelon, Director of ISS
e I
I
RESOLUTION 142,1999
A RESOLUTION OF THE CITY OF PALM BEACH GARDENS,
FLORIDA, SUPPORTING THE INTERGOVERMENTAL RIDER
OF PALM BEACH COUNTY FLORIDA GEOGRAPHIC
INFORMATION SYSTEM (GIS) INFORMATION POLICY DATA
LICENSING AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens agrees to support and
uphold the Palm Beach County Personal Use Agreement - Intergovernmental Rider;
WHEREAS, the City Council of the City of Palm Beach Gardens authorizes the City Manager to
execute the Intergovernmental Rider GIS Information Policy Data Licensing Agreement.
WHEREAS, the purpose of the Intergovernmental Rider is to foster intergovernmental
relations and to permit other units of government to use the Data on a non-exclusive, royalty free
basis. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens supports the Palm Beach
County Florida GIS Information Policy Data Licensing Agreement - Intergovernmental Rider.
Section 2. The City Council authorizes the City Manager to execute the
Intergovernmental Rider and observe the terms of the Rider.
Section 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS THE 4th DA
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
I
AYE NAY ABSENT VOTE: --
MAYOR RUSSO --- J VICE MAYOR FURTADO --- COUNCILMAN JABLIN l/
-
J
-- COUNCILMAN CLARK
COUNCILMANSABATELLO - __ -
Intergovernmental Rider
Palm Beach County Norida GIS Information Policy
Data Licensing Agreement - Intergovernmental Rider
DEFXNITIONS
For the purposes of this Intergovernmental Rider (hereinafter "Rider"):
A. An "Intergovernmental" organization is a governmental body or other public or quasi-public
entity recognized as such under Florida Law.
B. The term "Open Records Laws" refers to Chapter 119 of the Florida Statutes.
C. "Data" means all information, graphic, database, text, annotation, documentation and
materials, regardless of the form or format in which it is maintained, in which the County
has authorship or other ownership interest.
D. A "Licensee" is a requester or recipient of Data, regardless of the source from which the
Data is received. A Licensee may be an individual or an organization. Notwithstanding, a
Licensee may only be a single individual or legal entity such as a corporation or partnership
but not a group of entities, such as an afffiation or joint venture.
XNTRODUCTXON
This agreement is a Rider to the Palm Beach County, Florida GIs Information Policy Data
Licensing Agreement -Personal Use Agreement (hereinafter I' License"). Except where provided
herein, all terms and conditions of the License govern and control the relationship between Palm
Beach County, Florida (hereinafter "County") and the Licensee relative to the Data. The purpose
of this Rider is to foster intergovenunental relations and to permit other units of government to
use the Data on a non-exclusive, royalty free basis.
PERXXTTED USES
In addition to the permitted uses identified in the License, the Intergovernmental Rider Licensee
may:
A. Use, view, alter, modify, analyze or merge the Data for the Licensee's internal purposes.
B. Transfer both hardcopy and digital versions of the Data to third parties under Open Records
requests so long as:
1. Credit or attribution is given to the County and, where appropriate, the custodial
agency;
2. The County's copyright ownership interest and notice is displayed;
3. Notice that use of the Data is limited by the License agreement, including disclaimers
with the County; and 4
C0rJII)ITION pREUJ3DENT
In consideration of the additional rights afforded by this Intergovernmental Rider, the Licensee
agrees to negotiate and execute an Inter-Local Cooperative Agreement with the County.
i Page 1
ALP1H~TXON
The undersigned Licensee affms and warrants that it qualifies as a Intergovernmental entity
and that it will observe the terms of this Rider. In addition, the Licensee agrees that if its status
as a Intergovernmental Entity changes, that it will execute the appropriate License andor rider
and pay fees in accord with that rider. Failure to do so shall be prim fucie evidence of a breach
of this agreement and cause for termination of the License and this Rider.
Licensee
Address / Phone / Fax / E-Mail
By:
Title
1 Page 2
Date Prepared: January 5,2006
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RESOLUTION 15,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL
AGREEMENT WITH PALM BEACH COUNTY TO EFFECTUATE THE
EXCHANGE OF LAND AND GEOGRAPHIC INFORMATION SYSTEM
(GIS) DATA; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SUCH INTERLOCAL AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 163.01 , Florida Statutes, known as the “Florida Interlocal
Cooperation Act of 1969,” authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
communities; and
WHEREAS, the City of Palm Beach Gardens and Palm Beach County entered into
an interlocal agreement on December 7,2000, for a period of five (5) years, approved by
Resolution 124, 2000, allowing the City and Palm Beach County to share and exchange
land and geographic information system (GIS) data; and
WHEREAS, such interlocal agreement has expired and the City and Palm Beach
County wish to enter into another agreement, which is revised to make it perpetually
renewing and to remove the references to the rescinded GIS Information Policy; and
WHEREAS, such Interlocal Agreement has been prepared is attached hereto; 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.
SECTION 2. The City Council hereby approves the Interlocal Agreement between
the City of Palm Beach Gardens and Palm Beach County and hereby authorizes the Mayor
and City Clerk to execute the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: January 5,2006
Resolution 15. 2006
PASSED AND ADOPTED this day of , 2006.
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 JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
\\pbgsfileWttorney\attorney_share\RESOLUTlONS\pbc interlocal for gis data exchange - reso 15 2006.doc
d
2
Information Systems Services
301 N Olive Avenue, 4th Floor
West Palm Beach, FL 33401
(561) 355-2823
FAX (561) 355-3482 (8th Floor)
FAX (561) 355-4120 (4th Floor)
www pbcgov corn
I
Palm Beach County
Board of County
Commissioners
Tony Masilotti. Chairman
Addie L. Greene. Vice Chairperson
Karen T Marcus
Jeff Koons
Warren H Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisrnan
"An Equal Opportunip
Affirmative Action Employer"
CIpoF PALM BEACH GARDENS
DEC 2 9 2005
PIANNING & ZONING DEPT,
I ' 11 December 28,2005
Ms. Melissa Prindiville
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Dear Ms. Prindiville,
Previously your organization entered into a GIS data sharing
interlocal with Palm Beach County. That interlocal has or is about to
expire. We value our partnership and would like to continue working with
your agency to improve our common base map and associated features.
We ask that you renew our partnership by executing the two copies
of the enclosed revised interlocal. The interlocal agreement was revised to
make it perpetually renewing and to remove references to the rescinded
GIS Information Policy. Please execute and return both originals to:
Penny Anderson
Countywide GIS Coordination
301 N. Olive Avenue
West Palm Beach, FL 33401
Once executed by the county, I will return one hlly executed
original to your organization for your files. If you have any questions or
need any additional information, please feel free to contact either myself at
(561) 355-4371, or Kelly Ratchinsky at (561) 355-4275. Thank you for
your prompt attention to this matter.
EncIosures
1 c: Kelly Ratchinsky, Countywide GIS Coordinator
@ printed on recycled paper
INTERLOCAL AGREEMENT
BETWEEN THE
CITY OF
AND
PALM BEACH COUNTY
This Agreement is entered on ,200-, between “the parties,” the City of
Beach County (“County”). The City and the County are referred to collectively as the Parties”.
(“City”) and Palm
WITNESSETH THAT:
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Section 163.0 1, Florida Statutes, as amended
which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with
other localities on a basis of mutual advantage, and
WHEREAS, the Parties executing the Agreement desire to share the benefits of exchanging geographic and land information
in order to have the most up-to-date and accurate information for the following purposes:
0 satisfy statutory requirements;
0 ensure compatibility of information;
0
0
0
improve productivity in applications development;
simplify procedures for end users; and
create greater efficiency in information sharing.
WHEREAS, the purpose of this Agreement is to provide a mechanism to share geographic and land information on an
ongoing basis,
WHEREAS, the Parties will develop procedures for the exchange of geographic and land information in an efficient and
timely manner,
NOW THEREFORE, the Parties, in consideration of the mutual benefits flowing from each to the other do thereby agree as
follows:
ARTICLE 1 - STATEMENT OF AGREEMENT
1.1
to initiate the exchange of updated geographic and land information outlined in Exhibit A with the County on an ongoing
basis.
The County GIS Service Bureau will provide County geographic data to the City. The City enters into this Agreement
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall commence on date of execution and continue on thereafter, on a year
to year basis, under the same terms and conditions herein provided, unless terminated earlier under Article 6, or replaced with
another agreement.
ARTICLE 3 - SHARING AND OWNERSHIP
3.1 Each Party shall be responsible for modifications or alterations required at its location for sharing and utilization of
geographic and land information.
3.2 Each Party will plan to provide and maintain in its geographic and land information system environment the information
specified in this Agreement under Exhibit A when it becomes available. Said information shall be maintained in the manner
(including format, accuracy, symbology, and timeliness) as agreed upon by the City and County project managers on a case
by case. In some cases, this will require modification to current practices. In such cases, each Party will bear the cost of
required modifications to its respective environment. Such information shall be accessible to both Parties, subject to access
and security procedures, license agreements, and Federal, State and local law.
ARTICLE 4 - PROJECT MANAGEMENTAVOTICE
4.1 Until otherwise notified in writing, the Project Manager for the City is
located at , Florida 33- at telephone (561)
County is
Avenue, West Palm Beach, FL 33401, telephone (561) 3554275. The Parties shall direct all matters arising in connection
with the performance of this Agreement to the attention of the Project Managers for resolution or action. The Project
Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement.
, City of
. The Project Manager for the
, Palm Beach County, Information Systems Services, GIS Services, at 301 N. Olive
9
4.2 All notices, demands, or other communications to the Parties under this Agreement shall be in writing and shall be
deemed received if sent by certified mail, return receipt requested, to:
Attention: Project Manager Copies to: City Manager
City of City of
Address Address
, FL 33
Palm Beach County ISS
Attention: Countywide GIS Coordinator
301 N. Olive Avenue, 8th Floor
West Palm Beach, FL 33401
Copies to:
Palm Beach County Attorney's Office
301 N. Olive Avenue, 6th Floor
West Palm Beach, FL 33401
The Parties agree to provide a copy of all such notices under tlus Agreement to each Project Manager. All notices required
by this Agreement shall be considered delivered upon receipt. Should either party change its address for notifications,
written notice of such new address shall promptly be sent to the other party.
ARTICLE 5 - INDEMNIFICATION 81. INSURANCE
5.1 The Parties assume any and all risks of personal injury, bodily injury and property damage attributable to the negligent
acts or omissions of the Parties and the officers, employees, servants, and agents thereof. Each of the Parties, as a local
government agency, warrants and represents that it is self funded for liability insurance, or has liability insurance, both public
and property, with such protection being applicable to the Parties by their officers, employees, servants and agents while
acting within the scope of their employment with the Parties. The Parties further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the
State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign
immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes.
ARTICLE 6- TERMINATION/SUSPENSIONlARTICLE 6- TERMINATION/REMEDIES
6.1 This Agreement may be terminated by written notice of either Party to the other, to be effective twelve (12) months after
receipt. However, termination shall be carefully considered due to the potential cost and disruption of operations to each of
the Parties.
6.2 Data sharing may be suspended for failure to adopt County standards or for the adoption of policies or engagement in
activities which adversely affect the sharing or maintenance of said information. Notice of proposed suspension shall be
delivered to the other Party at least five (5) working days prior to suspension. The notice shall state the reasons for the
proposed suspension and suggest corrective actions and a time frame within which these corrective actions may be taken to
avoid suspension. Suspended access to shared information shall be restored as soon as reasonably possible following receipt
of notice that sufficient corrective action has been taken.
6.3 Each Party may enact an emergency suspension of data sharing. The Countywide GIS Coordinator shall declare an
emergency suspension and temporarily, but immediately, suspend or reduce access to information for just cause. Reasons for
emergency suspension include, without limitation, equipment failure; unauthorized geographic information access; high
potential for sabotage; failure to adopt and enforce standards; and adoption of policies or engagement of activities which
otherwise adversely affect the operation, security or maintenance of the geographic information.
The Countywide GIS Coordinator shall notify the County GIS Policy Advisory Committee, and the other affected Party
immediately of any emergency suspension. The notice shall state the reasons for the emergency suspension and suggest
corrective actions and a time frame within which these correction actions may be taken to safely allow restoration of access
to geographic information. If the Countywide GIS Coordinator is confident that actions have adequately corrected the
situation, access to information shall be restored.
ARTICLE 7 - STANDARDS OF COMPLIANCE
7.1 The Parties, their employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws
and regulation relating to the performance of this Agreement.
7.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for any party to
initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit Court.
7.3 The Parties shall allow public access to all project documents and materials in accordance with the provisions of Chapter
1 19, Florida Statutes. Should any Party assert any exemptions to the requirements of Chapter 119 and related Statutes, the
burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the asserting
Party.
7.4 The Parties hereby assure that no person shall be excluded on the grounds of race, color, creed, national origin,
handicap, age, sex or sexual orientation, from participation in, denied the benefits of, or be otherwise subjected to
discrimination in any activity under this Agreement. The Parties shall take all measures necessary to effectuate these
assurances.
ARTICLE 8 - GENERAL PROVISIONS
8.1 Each party shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement
without the prior written consent of the other Party. Any attempted assignment in violation of this provision shall be void.
8.2 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or
any delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, act of the public enemy,
unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, acts of God, or for
any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the
Parties. Failure to perform shall be excused during the continuance and restorative aftermath period of such circumstances,
but this Agreement shall otherwise remain in effect. This provision shall not apply if the “Statement of Work” of this
Agreement specifies that performance by the Parties is specifically required during the occurrence of any of the events herein
mentioned.
8.3 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement including all exhibits,
attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any
inconsistency.
8.4 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the
Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other
party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall
be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to
provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No
waiver shall constitute a continuing waiver unless the writing states otherwise.
8.5 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person,
antity or circumstance during the term hereof, by force of any statute law or ruling of any forum of competent jurisdiction,
such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain
operable, enforceable and in full force and effect to the extent permitted by law.
8.6 This Agreement may be amended only with the written approval of the Parties hereto.
8.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or
oral representations, statements, negotiations, or Agreements previously existing between the Parties with respect to the
subject matter of this Agreement.
The Parties recognize that any representations, statements or negotiations made by the Parties’ staff do not suffice to legally
bind the Parties in a contractual relationship unless they have been reduced to writing and signed by the Parties’
representatives. This Agreement shall inure to the benefit of and shall be binding upon the Parties, their respective assigns,
and successors in interest.
THE REMAINER OF THIS PAGE HAS BEEN LEFT BLANK
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date
first written above.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City of BY ITS MAYOR
By:
Mayor
By:
City Attorney
Date:
ATTEST:
, City Clerk
ATTEST:
Sharon R. Bock
Clerk & Comptroller
By:
Deputy Clerk
CLERK AND COMPTROLLER
Sharon R. Bock
PALM BEACH COUNTY, FLORIDA
By:
Steve Bordelon, Director of ISS
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By:
County Attorney
APPROVED AS TO TERMS AND CONDITIONS
By:
Director, ISS Department
EXHIBIT A
Geographic data requested fiom the City as available includes but is not limited to:
- Situs Address WParcel Control Number
- Address RangeKenterline Corrections & Updates (with metadata) - Capturelupdates of Planimetric Map Layers
- County Maintained Roads within jurisdiction (for verification purposes)
- Park Locations
- Vegetation Information
- Preserves
- Existing Land Use
- Zoning - Critical Facilities
- New Plats (digital) - Hazardous Materials
- Water Service Boundaries
- Hydrants
The data to be provided by the County will be any geographic data published by Countywide GIS to include, but not
limited to:
- Centerline File
- Parcel Graphics and Database (based on current Tax Roll)
- Digital Ortho Photography (with available metadata) - Situs Addresses
Mechanisms and schedules for exchange of data will be decided by the Project Managers upon execution of this
Agreement, incorporating the most efficient vehicle and format possible.
Specific standards issues which shall be addressed include, but are not limited to:
Geocodingladdressing standards (e.g. street names and addresses)
Information quality control objectives and methods
Information sources and lineages
Positional accuracylprecision of map content and sources
Information category conventions
Information completeness and update cycles
PR 0 CL A MA TION
CITY OF PALM BEACH GARDENS
STATE OF FLORIDA
WITEREAS, a healthy andproductive community is essenrial to the mission of the Palm
Beach County Health Department and its ability to successjhlly promote and encourage
pbsieal activiy for pewk of all ages and abilities to improve their mental health, and
r&ce the risks of obesity, heart disease, anddiabetes; and
WITEREAS, d of the chronic disease burden ispreventable through eflectiwprewdion
measures which exit today to substantially curnil the illnesses, disabilities, andmmeaxwy
WBEREAS the Palm Beach County Health &pwtment encourages communities, xh&,
mdwotksites to set go&, reduce barriers, make healthy choices, andstrive for sustaining
healthier lijiestyks; and
0r~tycteathsdbytheseaiseaSes;and
WITEREAS, XkPalmBeach CmtyHwlthDeputment wduesthe~ofwmimmitie~,
agencies, and osganizatiovcs that impkment wellness activities; and
WHEREAS, the impkmentation of a wellness event can benefif resictents by improving heir
physicul health andmorale;
NOW, THEREFORE, I, Joseph R Russo, by virtue of the authority vested in me asMqr
of tk City of Palm Beach Gar&ns, Florida, ab hereby prmhim Febrrsarv 14,2006 as
STEP UP FLORIDA DAY
IN WllVESS WHEREOI? Z have hereunto
set myhandandcausedtheSof the City of
Palm Bed Gmdens. morida. to be -don
this day of February, Two Thous&ix.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 18,2006
Meeting Date: February 2, 2006
Ordinance 1, 2006
____
Su bjectlAgenda Item:
Second Reading / Ordinance 1, 2006: An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida Relating to an Expedited Development Review Program for
Economic Development Projects; Creating a New Section 78-57, Code of Ordinances To
Be Entitled "Targeted Expedited Permitting Program"; Providing for Codification; and
Providing an Effective Date.
[XI Recommendation to APPROVE
[ ] Recommendatio
I
Reviewed by:
City Attorney
Development
Compliance NIA
Bahareh Keshavarz-Wolfs,
AlCP
Approved By:
Ronald M. Ferris
Originating Dept.:
Economic Development
set( g :
Dolores A. Key
Director
Action:
[ ] Quasi-judicial
[XI Legislative
[ ] Public Hearing
x"l "~.'--xxxxIIIu" ---
~
Advertised:
Date: 1/18/06
Paper:
Palm Beach Post
[XI Required
[ ] Not Required
Affected Parties:
[ ] Notified
[XI Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Otherm
Budget Acct.#:
NIA
EDAB Action
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[XI Rec. approval
[ ] Rec. app. wl
conditions
[ ] Rec. Denial
[ ] Continued to:
PZAB Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[X ] Rec. approval
[ ] Rec. app. wl
conditions
[ ] Rec. Denial
[ ] Continued to:
~~
Attachments :
Ordinance 1, 2006
Palm Beach Post
Advertisement dated
Wednesday, January
18,2006
Ordinance 48,2004
L -.
Date Prepared: January 18,2006
Meeting Date: February 2,2006
Ordinance I, 2006
Page 2 of 4
EXECUTIVE SUMMARY
Ordinance 1,2006, the TARGETED EXPEDITED PERMI~ING PROGRAM, provides the necessary
changes to the land development regulations that allow the prioritization of economic
development projects while still meeting the requirements of the City’s Comprehensive
Plan and Land Development Regulations. Further, Ordinance 1, 2006 provides a
framework of benefits / responsibilities for both the applicant and the City. The ordinance
sets forth the parameters of qualifications for the program, defines value-added
employment, and, most importantly, implements Ordinance 48, 2004, which adopted the
Economic Development Element of the Comprehensive Plan of the City of Palm Beach
Gardens.
BACKGROUND
Since its founding on March 20,1959, the City of Palm Beach Gardens has evolved into an
upscale bedroom community. 2003 statistical data indicates that approximately 80% of ad
valorem taxes are generated by the residential component with less than 2% of ad valorem
taxes generated by value-added employers. (See Figure 1)
A historical analysis of business sector growth based on Occupational Licenses issued by
the City of Palm Beach Gardens from 1987 through 2003 emphasizes the need to diversify
the economy with value-added employer options. Currently, the manufacturing and
industry sectors are insignificant in Palm Beach Gardens and therefore have been
consolidated into a “commercial” category for evaluation purposes. The heavy emphasis
on service and retail is typical for bedroom communities. Service and retail components of
the economy, by definition, “spin” wealth rather than create wealth. Under normal
circumstances, both the service and retail sectors are dependent upon monies that already
exist in a geographic region. (See Figure 2)
Additionally, the City does not assess many of the traditional taxes that other municipalities
use for generating revenue, but rather, primarily depends on ad valorem taxes to fund
services. Residents are not assessed additional taxes for utility, solid waste, storm water,
or fire rescue; and pay a minimal amount in communication services taxes. As the City
approaches build-out; considering Save-our-Homes legislation; and with the real possibility
of State increasing of the Homestead Exemption; it becomes paramount to explore
options of diversification of the economy for the long-term financial security of the City in
order to fund the level of services that residents have come to expect and demand.
Date Prepared: January 18,2006
Meeting Date: February 2,2006
Ordinance 1,2006
Page 3 of 4
Figure 1
Commercial
20.06%
2003 Ad Valorem Tax Percentages
General Fund lad valorem) $52.714307
Tax Rolls, 2003 - City of Palm Beach Gardens, Finance
The residential component generates the bulk of tax revenues in the City of Palm Beach Gardens.
mr indicates value-added employers.
Figure 2
Growth Trends of Business Sector
3
i
5
s
f 2500
i - 2000
J $ 1500 8
5
L 0 1000
9 500
o,,,,,---
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
-0-Commercial +Retail +Service
City of Palm Beach Gardens, GIS Division and Occupational Licenses Division - 2004
The service and retail sectors, which are dependent on existing dollars within the economy, have experienced
growth while the commercial sector, which creates new dollars in the local economy, has remained flat.
Date Prepared: January 18,2006
Meeting Date: February 2,2006
Ordinance 1,2006
Page 4 of 4
DISCUSSION
The City of Palm Beach Gardens has recognized the need to diversify the economic base.
On January 6,2005, Palm Beach Gardens’ City Council passed Ordinance 48,2004 which
made an Economic Development Element part of the City’s Comprehensive Plan. The
element was subsequently found in compliance by the Department of Community Affairs.
Further, all verbiage for the TARGETED EXPEDITED PERMITTING PROGRAM was included in the
data and analysis section of Ordinance 48, 2004.
It is important to note that the City of Palm Beach Gardens does not currently offer financial
incentives to expanding or relocating companies. Recognizing that time equates to money
in the business world, the City of Palm Beach Gardens has formulated the TARGETED
EXPEDITED PERMITTING PROGRAM - a program that was authored by the Economic
Development Advisory Board. The Economic Development Advisory Board is comprised
of a cross-section of the business community and members have provided valuable insight
to the City’s recruitment and expansion efforts.
The TARGETED EXPEDITED PERMITTING PROGRAM accelerates the planning, zoning, and
building permitting process. The TARGETED EXPEDITED PERMITTING PROGRAM is available to
companies that are expanding operations or moving into the City so that value-added
employment may be created at a faster pace. Companies must meet specific criteria in
order to qualify for the TARGETED EXPEDITED PERMIITING PROGRAM.
The TARGETED EXPEDITED PERMITTING PROGRAM provides qualifying projects an efficient
process to resolve issues in a timely manner through face-to-face meetings with a City
representative without sacrificing any requirements as established by the City’s Code of
Ordinances. As with any project, the City of Palm Beach Gardens reserves the authority to
deny a proposal that does not meet the City Code or City Comprehensive Plan
require men ts .
BOARD RECOMMENDATION
On November IO, 2005, the Economic Development Advisory Board unanimously
approved Ordinance 1, 2006.
On December 13, 2005, the Planning, Zoning, and Appeals Board approved Ordinance 1,
2006 with a 7 - 0 vote.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 1, 2006 outlining the TARGETED EXPEDITED
PERMITTING PROGRAM.
COUNCIL ACTION
On January 5,2006, City Council unanimously approved Ordinance 1,200 on first reading.
-~
Date Prepared: December 13,2005
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ORDINANCE 1,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO AN EXPEDITED
DEVELOPMENT REVIEW PROGRAM FOR ECONOMIC
CODE OF ORDINANCES, TO BE ENTITLED “TARGETED
EXPEDITED PERMITTING PROGRAM”; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
DEVELOPMENT PROJECTS; CREATING A NEW SECTION 78-57,
WHEREAS, on January 6, 2005, the City Council adopted an amendment to the
City’s Comprehensive Plan through the adoption of Ordinance 48, 2004 to establish an
Economic Development Element; and
WHEREAS, on March 11, 2005, the Department of Community Affairs of the State
of Florida found said amendment IN COMPLIANCE, pursuant to Sections 163.3184,
163.31 87, and 163.31 89, Florida Statutes; and
WHEREAS, Section 163.3202, Florida Statutes, requires municipalities to adopt or
amend and enforce land development regulations that are consistent with and implement
their adopted comprehensive plan within one (1) year of the submission to the State of a
revised comprehensive plan for review pursuant to Section 163.31 67(2), Florida Statutes;
and
WHEREAS, Policy 13.1.1.6. of the element states, in part, that “The City shall
maintain and develop programs to encourage and facilitate the expansion and relocation
of target industries in the City including but not limited to: .... Implement a targeted
expedited permitting program for companies that are expanding operations or moving into
the City so that value-added employment may be created at a faster pace.. .”; and
WHEREAS, the City Council has determined that it is necessary to create a new
Section 78-57, Code of Ordinances, to be entitled “Targeted Expedited Permitting
Program,” to establish a targeted expedited permitting program in accordance with the
aforesaid policy of the Comprehensive Plan; and
WHEREAS, City staff has prepared and reviewed an amendment to Chapter 78 of
the City’s Code of Ordinances, entitled Land Development Regulations, to establish the
aforesaid Section 78-57; and
WHEREAS, the subject amendment (Petition LDR-05-04) to the City’s Land
Development Regulations was reviewed by the City’s Economic Development Advisory
Board on November IO, 2005, which recommended its approval by a vote of 6-0; and
Date Prepared: December 13,2005
Ordinance 1,2006
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WHEREAS, the subject amendment to the City’s Land Development Regulations
was reviewed by the Planning, Zoning, and Appeals Board at a public hearing on
December 13,2005, which recommended its approval by a vote of 7-0; 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. Section 78-45, Code of Ordinances entitled “Targeted Expedited
Permitting Process” is hereby created to read as follows:
Sec. 7845. Targeted Expedited Permitting Program.
(a) Puvose and intent. The Targeted Expedited Permitting Program provides
qualifying projects an efficient process to resolve issues in a timely manner through face-
to-face meetings with a City representative without sacrificing any requirements
established in this Chapter. The Targeted Expedited Permitting Program is available to
qualifying companies that are expanding operations or moving into the City so that value-
added employment may be created at a faster pace.
(b) Apphcabihfy. The City’s Economic Development Advisory Board shall utilize the
following qualification criteria when determining whether a company qualifies for the
Targeted Expedited Permitting Program:
The company must fall into one (1) of the following industry clusters as
recommended by the Economic Development Advisory Board:
a.
b.
d.
e.
f.
g-
C.
Medical and Pharmaceutical;
Aerospace and Engineering;
Information Technology;
Business and Financial Services;
Education;
Research and Development; and
Any other industry cluster approved by the City’s Economic Development
Advisory Board.
The company must demonstrate the capability to create at least fifty (50) new
positions in the City of Palm Beach Gardens within the first two (2) years of
operation; or expand its operation within the City as a result of creating at least 50
new positions in the two (2) years prior to the issuance of the Certificate of
Occupancy for the new facilities; or a combination thereof.
2
Date Prepared: December 13,2005
Ordinance 1,2006
Positions created must be considered value-added employment based on the
average wages and/or compensation paid by the employer. Value-added
employment is defined when the average compensation package of positions
created is at least 10% higher than the current per capita income level in the City.
Companies must pass the City’s due diligence process to establish solvency and
credibility prior to acceptance into the program. Due diligence reports (1) may
include a Dun & Bradstreet report and (2) must be reviewed by the Economic
Development Advisory Board, City Manager, Economic Development
Administrator, and/or Finance Administrator for the City.
Companies must receive an endorsement from the Economic Development
Advisory Board.
Notwithstanding the criteria above, a company may qualify for the Targeted
Expedited Permitting Program if the company is a sanctioned project by the State
of Florida or other officially sanctioned economic development organization
(OTTED, Enterprise Florida, or Business Development Board of Palm Beach
County ).
Benefits. Companies that have been accepted into the Targeted Expedited
22 permitting Program shall receive the following benefits:
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The City Manager or Economic Development Director shall appoint a single Point
of Contact at the City who shall be kept apprised of all developments relating to the
review of the project by the City’s Development Review Committee in order to keep
the project on track and provide a periodic status report to the Company’s Project
Manager; and
The Growth Management Department shall establish the necessary steps required
for project approval in a pre-application meeting, and subsequently, prepare an
itemized timetable for the project’s completion of the development review process;
and
The project shall receive priority at every phase of the review process by City staff,
including face-to-face meetings; and
The City’s Development Review Committee shall review and provide comments
relative to the project not to exceed five (5) business days of submission of plans by
the Applicant; and
In the case that major issues arise at any point during the development review
process, a face-to-face meeting of all concerned parties will be called within two (2)
business days so that a resolution may be found in a timely and efficient manner;
and
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Date Prepared: December 13,2005
Ordinance 1,2006
(6) An economic section will be included in the staff report for the project for the
Planning, Zoning, and Appeals Board and City Council hearings.
SECTION 4. Codification of this Ordinance is hereby authorized and directed.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
PASSED this 5 5 day of Ti~14?ey ,2006, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:bttomey-share\ORDINANCES\Expedited Permitting - Ord 1 2006.d~
4
FOR AGAINST ABSENT
. ...
Second Reading: January 20,2005
Ordinance 48,2004
Proposed Revision Subsequent to First Reading
SECTION 1. A new Economic Development Element of the Comprehensive Plan
is added to read as follows:
ECONOMIC DEVELOPMENT ELEMENT
GOALS, OBJECTIVES AND POLICIES
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH
GARDENS IS TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY
WHICH IS COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT
AND PROTECTS IMPORTANT NATURAL RESOURCES.
Objective 13.1 .I .: Balanced and Diversified Economy
Palm Beach Gardens shall maintain and expand a diversified economy by
encouraging growth in targeted cluster industries that provide high-wage
employment and complement changing economic conditions by supporting
existing businesses and by retaining and improving resource-based sectors,
such as tourism, retirement, and recreation.
Policy 13.1 .I .I .: The City shall continue to attract industries and employers in
cluster industries such as biotechnology, communications, information
technology, medical products,
***
Date Prepared: November 24,2004
Amended at second reading January 6,2005
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ORDINANCE 48,2004
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
FLORIDA ADOPTING A NEW ECONOMIC DEVELOPMENT
ELEMENT OF THE CITY OF PALM BEACH GARDENS
COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens adopted a Comprehensive Plan
pursuant to the requirements of the Local Government Comprehensive Planning and
Land Development Regulation Act; and
WHEREAS, the Planning and Zoning Commission, sitting as the Local Planning
Agency, after notice and public hearing, has considered the appropriateness of the
proposed new Economic Development Element of the Comprehensive Plan of the City
and has submitted its recommendation to the City Council; and
WHEREAS, the City Council, after notice and public hearing, voted to transmit
this proposed amendment to the State land planning agency and has otherwise
complied with applicable provisions of the Florida Statutes governing amendments of
Comprehensive Plans; and
WHEREAS, the notice and hearing requirements for Comprehensive Plan
amendments, as set forth in the Florida Statutes, have been satisfied; and
WHEREAS, the City Council has taken the recommendations of the Local
Planning Agency and the comments from the public into consideration.
WHEREAS, the City Council of the City of Palm Beach Gardens finds the
proposed element is necessary to comply with Policy 1.1.6.7 of the Future Land Use
Element of the City’s Comprehensive Plan which provides that the City shall initiate
proactive efforts to expand the economic base of the City working within the framework
of existing economic agencies and groups, such as the North County Mayors Economic
Development Group, the Palm Beach County Business Development Board and County
Economic Development Department. Strategies shall include considering the creation
of a City Economic Development Advisory Board to create an economic element of the
comprehensive plan; improving communication and forging alliances with major
property owners in order to coordinate efforts in attracting new businesses; accelerating
the development approval process; encouraging redevelopment of distressed
properties; and maintaining points of contact with economic development agencies; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: November 24,2004
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SECTION 1. A new Economic Development Element of the Comprehensive Plan
is added to read as follows:
ECONOMIC DEVELOPMENT ELEMENT
GOALS, OBJECTIVES AND POLICIES
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS
TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS
COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS
IMPORTANT NATURAL RESOURCES.
Objective 13.1 .I .: Balanced and Diversified Economy
Palm Beach Gardens shall maintain and expand a diversified economy by encouraging
growth in targeted cluster industries that provide high-wage employment and
complement changing economic conditions by supporting existing businesses and by
retaining and improving resource-based sectors, such as tourism, retirement, and
recreation.
Policy 13.1 .I .I .: The City shall continue to attract industries and employers in cluster
industries such as biotechnology, communications, information technology, medical
products, marine biology, aerospace research, and associated ancillary businesses.
Policy 13.1.1.2.: The City shall assist the retention and growth of existing
businesses within the City, particularly those that provide high-wage employment or that
support or complement those employment sectors.
Policy 13.1 .I .3.: The City shall conserve and enhance the natural and recreational
resources that provide the foundation of the City’s retirement, recreation, and tourist
based economic sectors.
Policy 13.1 .I .4.: The City shall allocate adequate commercial, industrial, and
residential acreage through mechanisms such as zoning and land use plans to meet
future needs of a diversified economy.
Policy 13.1.1.5.: The City shall monitor and report annual economic growth
regarding increases in the employment and average wages for targeted industries.
Policy 13.1.1.6.: The City shall maintain and develop programs to encourage and
facilitate the expansion and relocation of target industries in the City, including, but not
limited to:
2
Date Prepared: November 24,2004
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Implement a targeted expedited permitting program for companies that are
expanding operations or moving into the City so that value-added employment may
be created at a faster pace; and
Continuing to review land development processes to determine where
opportunities for streamlining the approval process can be accomplished; and
Continuing to work with the Office of Tourism, Trade and Economic Development
to facilitate expedited review of qualifying projects; and
Continuing to improve working relationships between government and the
business community and support the economic development efforts of private
organizations.
Objective 13.1.2.: Moderate Seasonality in Employment
The City shall promote year-round tourism to moderate seasonal employment
fluctuations in the retail and service sectors.
Policy 13.1.2.1 .: The City shall work with the County Tourist Development Council to
promote growth in year-round tourism, including increased use of the “bed tax” for that
purpose.
Objective 13.1.3.: Increased Opportunity for Small Business Enterprises
The City shall support efforts to increase the number, viability, and growth of small
business enterprises to further strengthen and diversify the economy.
Policy 13.1.3.1 .:
to small business opportunity, and minority and women business enterprises.
The City shall collect, develop, and disseminate information related
Policy 13.1.3.2.: The City shall support small businesses by encouraging their
participation in City-funded projects.
Policy 13.1.3.3.:
City departments for the relocation or expansion of established small businesses.
The City shall facilitate productive support and assistance within all
Objective 13.1.4.: Availability of Education and Training Opportunities
The City shall provide leadership to the ongoing efforts to improve the public education
system in order to encourage industry to locate or expand in Palm Beach Gardens. The
City shall encourage participation of business, economic, and educational leaders and
institutions in this effort.
3
Date Prepared: November 24,2004
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Policy 13.1.4.1 .: The City shall encourage education and training institutions to
provide education and research programs that meet the needs of targeted cluster
industries, and encourage supplemental education to support existing businesses and
programs to stimulate new business development.
Policy 13.1.4.2.: The City shall strengthen its relationships with local higher
education institutions, such as Palm Beach Community College and Florida Atlantic
University, by providing opportunities for faculty and students to participate in City
programs that encourage economic development and education.
Policy 13.1.4.3.: The City shall support the location of high school, vocational,
universities, and research and development training institutions proximate to economic
development centers in the City, and support high school, vocational school,
universities, and research and development training programs oriented to preparing
students for success in targeted economic development sectors.
Objective 13.1 5: Balance between Man-Made and Natural Environment
The City shall maintain the quality of its balance between man-made and natural
environments as a means of attracting and maintaining target industries and retaining a
healthy foundation for its economy.
Policy 13.1.5.1.: The City shall encourage balance and growth in retail trade and
services by continuing to support existing regional retail services while implementing
planned growth patterns to foster neighborhood-based services to serve local needs.
Policy 13.1 5.2.: The City shall accommodate balanced growth and housing needs
of the City’s labor force by encouraging the availability of attainable housing to persons
earning a livelihood or choosing to reside in Palm Beach Gardens.
Policy 13.1 5.3:
managed growth.
The City shall maintain adequate infrastructure to accommodate
Policy 13.1 54: The City shall continue to provide for attractive open spaces and
sustainable natural environments that enhance the quality of life in the City and protect
the functions of important regional environmental resources.
SECTION 2. The City Manager is hereby directed to cause the Comprehensive
Plan to be amended in accordance with this Ordinance.
SECTION 3. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.31 84(l)(b),
Florida Statutes, whichever is applicable. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is issued by the
4
Date Prepared: November 24,2004
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Administration Commission, this amendment may nevertheless be made effective by
adoption of a resolution affirming its effective status, a copy of which resolution shall be
sent to the Florida Department of Community Affairs, Division of Community Planning,
Plan Processing Team. An adopted amendment whose effective date is delayed by law
shall be considered part of the adopted plan until determined to be not in compliance by
final order of the Administration Commission. Then, it shall no longer be part of the
adopted plan unless the local government adopts a resolution affirming its effectiveness
in the manner provided by law.
(The remainder of this page left intentionally blank)
5
Date Prepared: November 24,2004
Ordinance 48, 2004
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PASSED this WO day of z)(n.rmg &L , 2004, upon first reading.
PASSED AND ADOPTED this 6% day of hupj~~y ,2005, on second
and final reading.
FOR AGAINST ABSENT
J
I/
/- J
Gy@/L- (;a&&:
Valeche, Councilmember
- ATTEST:
BY:
.I Patricia Snidkr, City’Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
yhristine P. Tatum, City Attorney
G:\attomey-share\ORDINANCES\comp plan - economic development - ord 48 2004.doc
6
J’
DATA AND ANALYSIS - ECONOMIC DEVELOPMENT COMPREHENSIVE PLAN ELEMENT
BACKGROUND
The City of Palm Beach Gardens was founded on March 20, 1959 by John D. MacArthur,
multimillionaire insurance magnate and landowner. Mr. MacArthur envisioned a city where
streets were lined with trees and waterways intertwined throughout the community - a
“garden city” that embraced environmental conservation and provided an exceptional
standard of living where residents could live and work. He embarked upon turning
approximately 4,000 acres of dairy land into this reality.
Since those early days, the City of Palm Beach Gardens has made strides to stay aligned
with that original vision and has safeguarded those desires through the Comprehensive
Plan. Approximately one-third of all development must be dedicated to green space - a
standard that is rigorously enforced. Streetscapes and landscape buffers are evident
throughout the City. Indeed, green space is one of the core values of the community as a
whole and has attracted people and companies to Palm Beach Gardens. Although many
people have moved to live in Palm Beach Gardens, data suggests that most residents
must commute out of the city for employment.
ASSESSMENT OF NEED
The City of Palm Beach Gardens has evolved into an upscale bedroom community. The
current tax base of the City reflects a dependence on residential tax assessments. See
Figure I. Data for 2003 indicates that approximately 80% of ad valorem taxes are
generated by the residential component. See Figure 2.
Economic trends are shifting away from bedroom communities; therefore, in an effort to
diversify and thus stabilize the economic base, the City of Palm Beach Gardens must
attract industries and employers. The Economic Development Advisory Board of the City
of Palm Beach Gardens has developed a strategy to diversify the local economy in order
to decrease the reliance on residential ad valorem taxes. This is of particular importance
considering the City is approaching build-out of land mass.
Additionally, the City does not assess many of the traditional taxes that other municipalities
use for generating revenue, but rather, it primarily depends on ad valorem taxes to fund
services. See Figure 3. Residents are not assessed additional taxes for utility, solid
waste, storm water, or fire rescue; and pay a minimal amount in communication services
taxes. The City has opted to pay for these services out of ad valorem assessments.
Because the City of Palm Beach Gardens has been fortunate to have land mass that has
been available for residential development, the reliance on ad valorem taxation has not
been a major concern. However, as the City approaches build-out, it is prudent to diversify
the tax base in lieu of the escalating costs of providing services to residents. The Florida
Legislature has come under increasing pressure to increase the homestead exemption
from $25,000 to $50,000 for qualifying homeowners. If passed, the effect on the City of
Palm Beach Gardens tax revenues would be substantial and would necessitate the
exploration of alternate funding mechanisms to maintain current levels of services.
Economic Development
Data & Analysis
1 City Council Meeting 12/16/04
Figure 1
I $4,500,000,000
Ad Valorem Taxes
$2,000,000,000 -
$1,500,000,000 -.
$1,000,000,000 -
$500,000,000 -
I - - - - - t - - s- f - -, -
1999 2000 2001 2002 2003
+Residential +Business +Other
Historical Data Compiled from Tax Rolls - City of Palm Beach Gardens, Finance - 2004
The residential Component generates the bulk of tax revenues in the City of Palm Beach Gardens.
Figure 2
Commercial
20.06%
2003 Ad Valorem Tax Percentages I
Other
/-l.lSX
LResidential
70.79%
General Fund (ad valorem) = $52,714.507 I
Data Compiled from Tax Rolls, 2003 - City of Palm Beach Gardens, Finance
The residential component generates the bulk of tax revenues in the City of Palm Beach Gardens.
Economic Development
Data & Analysis
City Council Meeting 12/16/04
I .! Figure 3
~
Total Cost Comparison of Area Municipalities
Jupiter 906 300 80 83 46 380 $1,795
Royal Palm
Beach 1,206 300 63 84 0 0 $1,653
North Palm
Beach 1,360 300 84 80 0 0 $1,824
West Palm
Beach 1,696 300 65 192 56 0 $2,309
Riviera
Beach 2,000 300 66 134 54 0 $2,554
Comparative Prepared by Finance Division - City of Palm Beach Gardens, 2003
When all municipal revenue streams are considered, Palm Beach Gardens has one of the lowest tax burdens.
BALANCED AND DIVERSIFIED ECONOMY
Value-added employment opportunities in the City of Palm Beach Gardens can be
provided through the recruitment of new industries to and expansion of existing companies
in the City. The benefits of more diverse employment opportunities include: . Citizens with a variety of employment options enjoy a better quality of life. . Municipalities with a diverse range of corporate citizens reap a broader financial
base and more stable economy.
Regardless of an individual, public, private, or non-profit perspective, revenue is vital.
A value-added employer is defined as a company with an average (median) employee
compensation package of 10 - 15% higher than Palm Beach County’s average salary
and/or neighboring communities. Traditionally, the actual salary paid to the employee
should be 10% higher than the county average, but there are cases where the entire
employee package (life and health insurance, benefit program, IRA or retirement package,
etc.) may be considered if a company is in a specific target industry sector that is desirable
for economic growth in a municipality. ‘I
Economic Development
Data 81 Analysis
City Council Meeting 12/16/04
In 2000, the average (median) salary in Palm Beach County was $41,007. Therefore, the
City should seek employers that pay an average salary of at least $45,107 if based on
County’s average. Based on an analysis of the demographic data contained in Figure 4,
one may ascertain that residents in Palm Beach Gardens have the necessary skill sets to
attract companies that pay an annual salary of $45,107 (value-added employer for Palm
Beach Gardens).
Additionally, the small gap between median household and per capita income in Palm
Beach Gardens seems to indicate that there is one “breadwinner” or primary wage earner
per household. Typically speaking, the larger the gap between household and per capita
income, the more likely it is that there are two or more people contributing to the household
income. By contrast, the smaller the gap, the more likely it is that the monies are derived
from other income sources (investments in real estate, stock markets, etc.).
Figure 4
Palm bach Bocr Raton Boynton bad Royal Palm WmlllngWn WO~ Palm
OIrdrnr Beach bash
Data Compiled from US Census 2000 - DP 3
Data indicates that the majority family income is generated from one breadwinner in
Palm Beach Gardens’ households.
The official economic development organization for the county, the Business Development
Board of Palm Beach County, Inc., has identified several economic cluster areas that are
targeted for economic growth in Palm Beach County. Based on a study conducted by the
Stanford Research Institute International (SRI) in the late 1990~~ cluster areas in the
county for economic growth included: Technology; Business & Financial; Medical &
Economic Development
Data & Analysis
4 City Council Meeting 12/16/04
Pharmaceutical; Aerospace & Engineering; Agri-Business; and Tourism. Source:
Cooperating to Compete in the 21‘‘ Century: An Industry Cluster Development Strategy
for Palm Beach County, Jan. 1998.
In analyzing the SRI study and considering demographic data on workforce skill sets,
education levels, average age, and lifestyle factors compiled about the City’s residents, the
City’s Economic Development Advisory Board (comprised of private sector members)
made recommendations for the appropriate target market@) that the City should pursue in
order to diversify the tax base.
Additional factors that were considered in identifying target markets for the recruitment of
value-added employers were: the void created by the down-sizing of Pratt-Whitney and
Sikorsky (aerospace and engineering) that created a “brain-trust’’ available in the county
population; growth in local business aviation (Belcan and Embraer), not to be confused
with commercial aviation industry; stability of the pharmaceutical industry; growth of local
companies in medical device manufacturing (3i - Implant Innovations and Anspach); and
cross application of skill sets in the workforce (i.e., aerospace technical engineering skills
are cross applicable in a myriad of industries - specifically medical device design).
Identified industry sectors that should be targeted in order to diversify the economy of the
City of Palm Beach Gardens are:
Medical & Pharmaceutical
Aerospace & Engineering
Information Technology
Research & Development
Business & Financial Services
Education
Corporate Headquarters
A historical analysis of business sector growth based on Occupational Licenses issued by
the City of Palm Beach Gardens from 1987 through 2003 further emphasizes the need to
diversify the economy with value-added employer options. See Figure 5. Currently, since
the manufacturing and industry sectors are insignificant in Palm Beach Gardens, they have
been consolidated into a “commercial” category for evaluation purposes. The heavy
emphasis on service and retail is typical for bedroom communities. Service and retail
components of the economy, by definition, “spin” wealth rather than create wealth. Under
normal circumstances, both the service and retail sectors are dependent upon monies that
already exist in a geographic region.
By contrast, the commercial, industrial, and manufacturing sectors export goods and
therefore are not dependent on local money for survival. There are exceptions to the rule.
Information Technology, for example, is usually considered a service sector industry, yet,
is not dependent on the local customer base. Thanks to the capabilities of the World Wide
Web and Internet connection, the transfer of intellectual knowledge or technology services
is a simple click of a button.
Increasingly, commercial, industrial, and manufacturing companies are opting to utilize the
Internet for marketing purposes to expand their customer base, thereby cushioning the
impacts of a specific geographically-based revenue stream. According to the Strategis
Group, the number of US households with Internet access has grown from 14.9 million in
Economic Development
Data & Analysis
C City Council Meeting 12/16/04
1995 to a projected 90 million in 2005. Internet marketing expenditures are projected to
grow from $1 billion in 1998 to $9 billion in 2003. Source: CE Unterberg Towbin. The
Internet opens international marketing to another customer base and makes it possible to
reach overseas markets as easily as if they were next door.
Figure 5
3500 1
Growth Trends of Business Sector
5 3000
tn
tn
C a,
-
$ 2500
3 - 2000
C 0
2 1500
.- c)
Ll : 0 1000
L a, n 5 500
0
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
+Commercial +Retail +Service
City of Palm Beach Gardens, GIS Division and Occupational Licenses Division - 2004
The service and retail sectors, which are dependent on existing dollars within the economy, have experienced growth
while the commercial sector, which creates new dollars in the local economy, has remained flat.
It is, therefore, important to create new money in the community by seeking value-added
employers that can contribute to the stability of the local economy, provide sustainable
high-paying employment opportunities to residents, and ensure a tax revenue stream not
dependent merely on land development. Equally as important is retaining and assisting
companies that are already located in Palm Beach Gardens to expand. Based on data
collected by the Occupational Licenses Division, in Fiscal Year 2003-2004, the City
maintained an 84% retention rate of operating businesses. This seems to indicate that
monies in the local economy for the service and retail sectors are strong; otherwise, the
retention rate would be less.
INVENTORY OF ASSETS
In order to attract companies that are an appropriate match for the residents of Palm
Beach Gardens, it is necessary to quantify the skill sets and number of people in the local
workforce. Generally speaking, the Palm Beach Gardens’ workforce is comprised of
professionals who are in the middle of their career cycles and are more stable and
educated than surrounding areas in Palm Beach County. See Figures 5, 6, 7, 8, & 9.
Economic Development
Data & Analysis
L City Council Meeting 12/16/04
Figure 6
City of Palm Beach Gardens
Population Totals '
Bureau of Economic and Business Research - 2004
Palm Beach Gardens has experienced steady population growth.
Fiaure 7 v
Population 25 & Over With Bachelor's Degree or Higher
50
45
40
35
E
m
.o 30
a
n
Y -
25
c
20 s
15
7 3
10
5
0
Data Compiled from US Census 2000 - DP 2
Residents in Palm Beach Gardens are highly educated when compared to other municipalities in Palm Beach County
which indicates that the workforce is comprised of professionals.
Economic Development
Data & Analysis
City Council Meeting 12/16/04
Figure 8
Distribution of Occupations in Palm Beach Gardens
Government workers
(local, state, or federal)
10.9%
Manufacturing 6%
Agriculture, forest
fishing, 8 hunting 02%d - A
Production,
transportation and
material moving 5.7%\ \
Construction, extraction, 1
8 maintenance 4.6% /
R
forestry 0.2%
Sales 8 office 30.3%
Mananamen1
Source: GCT-PI3 Occupation, Industry, and Class of Worker of Employed Civilians 16 Years and Over
Data Set: Census 2000 Summary File 3 (SF 3) - Sample Data
Companies that require sophisticated skill sets would be a proper "fit" for Palm Beach Gardens based on the number of
residents that are currently employed in management and professional level jobs.
Figure 9
M
Median Age of Population
-r -r -
46
40
s
%
I
Palm B'
Beach Ri
Gardens
Boynton
Beach
Royal Wellington West
Palm Palm
Beach Beach
US Census ZOO0 - DP .I
Data Compiled from US Census 2000 - DP I
Residents in Palm Beach Gardens are most likely are midway through their employment cycle.
Economic Development
Data & Analysis
8 City Council Meeting 1211 6/04
GOVERNMENTAL POLICIES
Other items bearing on successful economic development from a governmental
perspective are growth management policies, the regulatory environment, approval
processes, licensing, taxation, and other items that affect a company’s ability to conduct
business, and by extension, its profitability in Palm Beach Gardens.
Dedication of land space to the value-added business sector is critical, especially as the
City approaches build-out. Growth management policies that provide incentives for
nonresidential, value-added land uses, therefore, are an integral component of a
successful economic development strategy.
The City must resist the temptation to convert land space that has been dedicated to non-
retail commercial activities to other uses. See Figures 70 & 77. Additionally, current
vacant land should be examined and perhaps rezoned to allow space for value-added
employers that provide new and sustainable dollars in the local economy. Again, it needs
to be emphasized that the retail component of the business sector does not qualify as a
value-added employer in the City of Palm Beach Gardens by definition, and therefore the
focus should be on land uses that promote the City’s objective of value-added employers.
As mentioned earlier, nearly 50% of land space is dedicated to residential and
approximately 80% of ad valorem tax revenues are derived from the residential component
in Palm Beach Gardens. See Figure 70. Re-examination of bedroom communities
indicate that people want to be able to live, play, learn, and work within a 15 - 25 minute
commute, thereby raising their own quality of life. These trends can be documented in the
recent phenomena of the number of mixed-use land communities that have been popping
up throughout the United States.
Equally as important are addressing infrastructure requirements that may affect economic
growth. These issues include: road networks, public transportation, workforce availability,
education, and a myriad of other issues that enable businesses to remain competitive.
Perhaps the most critical, and not so obvious, is anticipating the trends in technology.
Value-added industries, particularly the scientific community, rely heavily on computers for
running models and for communication. Increasingly, trends are shifting to wireless
technology. As the protocol for wireless communications and related security issues are
refined, the City of Palm Beach Gardens must remain cognizant of the changing trends to
ensure that companies have access to the tools that make them competitive.
Eco nom ic Development
Data & Analysis
9 City Council Meeting 12/16/04
Figure IO
Future Land Use Within Existing City Boundaries - 2003
Mixed Use 1% r rProfessional Office 1%
Industrial 2%
7\ Public 2%
Commercial a,\\ I //Recreation 1% 8 Open Space
Commercial Recreation-
4%
Golf 6%-
Conservation 35%
City of Palm Beach Gardens - GIS Division, 2004
Nearly % of available land is currently dedicated to residential uses and over 1/3 in conservation leaving very
little available space for value-added employers.
Figure 11
Land Allocation in Palm Beach Gardens - 2004
Learn
Note: “Play” element does not account for green space within the
residential or “Live” component.
City of Palm Beach Gardens - GIS Division, 2004
The majority of land space is allocated for residential components in Palm Beach Gardens
Economic Development
Data & Analysis
10 City Council Meeting 12/16/04
The City of Palm Beach Gardens does not currently offer financial incentives to expanding
or relocating companies; therefore, working with the officially sanctioned State and County
economic development organizations that offer financial incentives is paramount. Forming
strategic alliances with Enterprise Florida and the Business Development Board of Palm
Beach County will strengthen the City's reach to prospects. The City of Palm Beach
Gardens will work with the State Office of Tourism, Trade and Economic Development
(OTTED) when appropriate to facilitate expedited review of qualifying projects.
Additionally, the City of Palm Beach Gardens offers a targeted expedited permitting
program .
TARGETED EXPEDITED PERMITTING PROGRAM
The Targeted Expedited Permitting Program expedites the planning, zoning, and building
permitting process. The Targeted Expedited Permitting Program is available to companies
that are expanding operations or moving into the City so that value added employment
may be created at a faster pace. Companies must meet specific criteria in order to qualify
for the Targeted Expedited Permitting Program.
The Targeted Expedited Permitting Program provides qualifying projects an efficient
process to resolve issues in a timely manner through face-to-face meetings with a City
representative without sacrificing any requirements as established by the City's Code of
Ordinances. As with any project, the City of Palm Beach Gardens reserves the authority to
deny a proposal that does not meet the City code or City comprehensive plan
requirements.
Qualifiers for the Targeted Expedited Permitting Program . Companies must fall into specific industry clusters as recommended by the
Economic Development Advisory Board. Industry areas include:
o Aerospace / Engineering
o Medical / Pharmaceutical /
o Business / Financial
RD
Services
o Information Technology
o Education
o Corporate Headquarters
. Companies must create at least fifty (50) new positions in the City of Palm Beach
Gardens within the first two (2) years of operations OR expand operations as a
result of creating same amount of positions in the past two (2) years OR a
combination of the two. . Positions created must be considered value-added employment based on the
average wages and/or compensation paid by the employer. . Value-added employment is defined when the average compensation package of
positions created is at least 10% higher than the current per capita income level in
Palm Beach Gardens. This equates to $47,272 / year as of September 2003.
Economic Development
Data & Analysis
11 City Council Meeting 1211 6/04
X. - .! ... . . . . .j .- - . .-.-..>..- , . ..; -. .:
',- '. . . Positions must be sustainable for a five (5) year period of time. . Companies must pass the City's due diligence process to establish solvency and
credibility prior to acceptance into the program. . Due diligence may include a Dun & Bradstreet report. . Due diligence reports must be reviewed by the Economic Development Advisory
Board, City Manager, Economic Development Administrator, andlor Finance
Administrator for the City of Palm Beach Gardens. . Companies must receive an endorsement from the Economic Development
Advisory Board to qualify or qualify for State of Florida or Palm Beach County
economic incentives as administered by the official economic development
agencies. . Company must appoint a Project Manager for communication purposes. . Start date for filling newly created positions will be considered within six (6) months
after company receives a Certificate of Occupancy.
OR . Companies may qualify for Targeted Expedited Permitting Program if the company
is a sanctioned project by the State of Florida or officially sanctioned economic
development organizations (OTTED, Enterprise Florida, or Business Development
Board of Palm Beach County).
BENEFITS OF THE TARGETED EXPEDITED PERMITTING PROGRAM
Companies that have been accepted into the Targeted Expedited Permitting Program shall
receive: . A single Point of Contact for the approval process as appointed by the City Manager
or Economic Development Administrator. . Establishment of necessary steps required for project approval in pre-application
meeting with the Growth Management Department. . Itemized completion timetable. . Priority at every phase of the review process by City staff, including face-to-face
meetings. . Review by City staff conducted within five (5) business days of submission.
Economic Development
Data & Analysis
12 City Council Meeting 12/16/04
If problems are identified, a face-to-face meeting of all concerned parties will be
called within two (2) business days so that a resolution may be found in a timely and
efficient manner. . City-appointed Point of Contact will be kept apprised of all developments regarding
a project by City’s Engineering, Growth Management, and Building Departments in
order to trouble-shoot and keep sanctioned projects on track.
City’s Point of Contact will provide a weekly status report (minimally) to Company’s
Project Manager. . An economic impact report that will be included with the staff reports to the
Planning, Zoning, and Appeals Board and City Council.
SEASONAL EMPLOYMENT FLUCTUATIONS IN THE RETAIL AND SERVICE SECTORS
South Florida has had the reputation of the perfect vacation spot during the winter months.
This has resulted in a large percentage of seasonal employment options and has
contributed to drastic swings in locally generated tourist dollars. PGA National Resort and
Spa, The Marriot of Palm Beach Gardens, and DoubleTree Hotel all have vast swings in
“tourist” bookings between the winter and the summer months, and therefore employment.
Indeed, many of the local hotels and tourism-related industries (restaurants, marinas, etc.)
offer special packages during “off season” in order to generate business.
Additionally, the estimated number of hotel guests and the associated revenues derived
from the tourism industry have not fully recovered from the aftermath of September 11,
2001. In the Report on Palm Beach County Tourism, Fiscal Year 2002/2003 prepared by
Profile Marketing Research for the Tourist Development Council of Palm Beach County,
the area is slowly recovering in attracting tourists. See Figure 12.
The City of Palm Beach Gardens can leverage its “destination spot” reputation with the
recent announcement of Scripps-Florida to minimize the fluctuations in seasonal
employment.
Economic Development
Data & Analysis
13 City Council Meeting 12/16/04
Figure 12
ViicdGuest Multpler 2 2 2 7 2 2
Esbmated Number of 4.856,438 4 530.858 4,305 364 4 224,846 3,952,996' 4 440.780 487,784 \mors
S1.336 51,504 5' 541 $1.436 51,352+ 51 628* 276
$550 5664 S7'5 $680 w+ $733+ 49
Estimated Hotel Guest
Expenditures (In Millions)
Money Spent Per Hotel
Guest
515,294,915 S16.406 273 518 090 738 5t3 593 931 $15,621 055 S17 330.0% 708,240 Bed Tax Cdlectms
(Gross)
Occupancy Rate 68 2% 66 7% E8 3% 67 3% 54 1% 65 7% 16
Average Daily Room Raw. $102 43 $108 42 51 18 08 S12P 13 5119 97 5125 4E 5 48
5 516.661 5 645 734 5,581 373 5 585,178 5.313 330' 5 703,912 390,582 Availabe Room N~ht
Inventory
3 761 332 3 763 083 3.E35 555 3 753 127 3,405 845. 3 742.427 336,582 Ocwpled Room
NQhh(MD)
'Properties well below 50 rooms are only inc uded 3n room count apd total inveitory
1 The TDC estmtes that the total number of vmffom to Pa rn Beacn County s two tares !he number 0' Cote guests
This estimabon ratlo has been in use since 759E/%
"Stsrbng in fwal year 2001102 if parly we' IS greater than 8 or rurncer of rooms occupied s greater than 3, then data wllhin 'party
sue' and 'number of ms occupied' 's deleted Pnor to fiscai year 20OllC2 d party size or nurnoer 0' rooms occdpied was
greater than 10, both were recoded to 1 8 party size was greater than 25 Darty stze and number of rooms occuored were
both recoded as misslng data ti party sze was greater than 1 and ndrrber os rooms occ~pled was alank (or vice versa)
both were recoded as mistung data
+ Drfference in hotel guest spendng for FYMDliU2 - FV20112/03 as cmpsred to F* 1997F38 - FY200CIo1 reflects mMsm to the
2 ADR = Average rate per ocwped room
3. Room nghts occupted = ((at total roorns'occupancyj * annuai room nghtsi
manner in which slde tnp expendrtures are comoiAed
Report on Palm Beach County Tourism
Fiscal Year 2002/2003 (Oct 2002 - Sept 2003)
Prepared for: Tourist Development Council of Palm Beach County, Inc.
Prepared by: Profile Marketing Research, December 3, 2003
Although tourism is a major source of "new money" in the local economy, data suggests that catastrophic events, such as
9-1 1, can have a significant impact.
SMALL BUSINESS ENTERPRISES
The City of Palm Beach Gardens values its small business enterprises and understands
that much of the character of the City is dependant on the uniqueness and customer
service that is provided by small business. It also recognizes the important contribution
that small business plays in expanding the workforce. Both the North Palm Beach County
Chamber of Commerce and the PGA Corridor Association play a vital role in representing
and assisting the small businesses in the City; as a result, the City has developed strategic
alliances with both groups.
Economic Development
Data & Analysis
14 City Council Meeting 12/16/04
PUBLIC EDUCATION
The State of Florida lags behind in the field of educational excellence when benchmarked
against other states. Although a child can receive an excellent education in Florida, much
needs to be done to raise the standards for all children. Education is one of the most
important factors that a relocating company wants addressed. Whether it is for employees’
children, continuing education for the employees themselves, or for the area’s workforce at
large, educational opportunities are a critical element in the private sector.
Results of the FCAT- 2002/2003 indicate that the City of Palm Beach Gardens needs to
take an active role in trying to raise the educational standards of the City’s youth. An
analysis of area school scores indicates that area students are not competitive in today’s
world. See Figure 13. Average SAT scores of high schools students located with Palm
Beach Gardens are in the low 1,000 range which, when compared to the average SAT
scores for Florida universities, are not competitive. See Figures 14 8, 15. Additionally,
graduates are only “somewhat qualified” to attain entrance into universities across the
United States in regards to SAT scores. See Figure 16. When compared to SAT entrance
requirements for the top ten universities in the United States, the average high school
graduate in Palm Beach Gardens would not be considered for admission. See Figure 17.
Figure 13
FCAT Results in Palm Beach Gardens Schools
WT Dwyer High
PBG High
WB Duncan Middle
HL Watkin Middle
Timber Trace Elementary
PBG Elementary
Lake Park Elementary
Grove Park Elementary
Eisenhower Elementary
Allamanda Elementary
FCAT Results 2003 & 2004
D C B A
Florida School Grades: Accountability Report - Florida Department of Education
FCAT Scores indicate there is room for improvement in public schools.
Economic Development
Data & Analysis
15 City Council Meeting 12/16/04
Figure 14
Scholastic Assessment Test (SAT)
Barry University
Eckerd College
Florida A & M University
Florida Gulf Coast University
Florida Atlantic University
Florida International University
Florida State University
Jacksonville University
New College of. Florida
University of Central Florida
University of Florida
University of Miami
University of North Florida
University of West Florida
University of South Florida
Number Percent of 12th Mean
School Name Year Tested Graders Tested Score
PALM BEACH GARDENS HIGH
SCHOOL 2002-2003 261 60.8 1015
WILLIAM T. DWYER HIGH SCHOOL 2002-2003 256 55.7 1014
Florida School Indicators Report, Florida Department of Education 2003
Mean SAT scores in 2002-2003 of public high school students in Palm Beach Gardens.
880 - 1080
1020 - 1250
900-1110
930 - 1130
910- 1110
960 - 1140
1040 - 1240
940 - 1170
1230 - 1410
1030 - 1230
1130 - 1340
1160 - 1320
1000 - 1190
950 - 1150
990 - 1190
Figure 15
Economic Development
Data & Analysis
16 City Council Meeting 12/16/04
Figure 16
Who is Prepared for College?
Students were classified in two-stage process. The initial classification was determined as follows:
Very highly qualified: those whose highest value on any of the five criteria would put them among the top 10
percent of 4-year college students (specifically the NELS 1992 graduating seniors who enrolled in 4-year
colleges and universities) for that criterion. Minimum values were GPA=3.7, class rank percentile=96, NELS test
percentile=97, combined SAT=I 250, composite ACT=28.
Highly qualified: those whose highest value on any of the five criteria would put them among the top 25 percent
of 4-year college students (but not the top 10 percent) for that criterion. Minimum values were GPA=3.6, class
rank percentile=89, NELS test percentile=90, combined SAT=I 11 0, composite ACT=25.
Somewhat qualified: those whose highest value on any of the five criteria would put them among the top 50
percent (but not the top 25 percent, i.e., in the second quartile) of 4-year college students for that criterion.
Minimum values were GPA=3.2, class rank percentile=75, NELS test percentile=76, combined SAT=960,
composite ACT=22.
Minimally qualified: those whose highest value on any of the five critena would put them among the top 75
percent (but not the top 50 percent, i.e., in the third quartile) of 4-year college students for that criterion.
Minimum values were GPA=2.7, class rank percentile=54, NELS test percentile=56, combined SAT=820,
composite ACT=I 9.
Marginally or not qualified: those who had no value on any criterion that would put them among the top 75
percent of 4-year college students (i.e., all values were in the lowest quartile). In addition, those in vocational
programs (according to their high school transcript) were classified as not college qualified.
National Center for Education Statistics - Note 9: The College Qualification Index
Access to Postsecondary Education for the 1992 High School Graduates
Approximately X of the graduates of Palm Beach Gardens two public high schools are only “somewhat qualified”
to attend university on a national standard.
US News 8, World Report - 2004: America’s Best Colleges
Collegeboard. corn: College Search, side-by-side comparison results
Median SAT scores of public high schools in Palm Beach Gardens indicate that many graduates
are not competitive for obtaining entrance into the ten top universities in the United States.
Economic Development
Data & Analysis
17 City Council Meeting 12/16/04
Palm Beach Gardens’ high school students enrolled in public schools fail to meet the
national average on SAT scores, too. The College Board reported that the average math
SAT score reached a 36-year high in 2003 with the average cumulative SAT score in the
U.S. being 1,026. Source: CNN.com/2003€DUCA TlON/08/26sat,scores.ap
QUALITY OF LIFE BALANCE
Quality of life issues weigh heavily into recruiting a company to a specific geographic
region. As mentioned earlier, trends are shifting away from bedroom communities as
people desire to live, play, learn, and work within a 15-25 minute commute. People, simply
put, are weary of the stress that is induced by a long commute to and from work.
Therefore, in optimal circumstances, planners and economic development professionals
would consider all four critical elements in designing a sustainable community.
The City of Palm Beach Gardens is in the enviable position to create a sustainable
community that upholds the principles of live, play, learn, and work in a science and
technology community. See Figure 18. The City has adopted a vision statement and
philosophy that integrates sound economics and the cluster approach of economic
development with quality-of-life issues that attracted The Scripps Research Institute to
Palm Beach County.
The City has adopted the following vision statement and philosophy:
To create a scientific village that combines the physical infrastructure and
community support systems necessary to facilitate the exchange of intellectual
knowledge and enable the efficient transfer of scientific theory to marketplace, while
fostering strong community and family relationships to achieve a balanced quality of
life.
Analysis of critical growth management principles benchmarked against other
internationally known scientific parks indicate that the City of Palm Beach Gardens can
truly build a scientific village unlike any known in the world today. Building on the
successes of other parks and addressing the elements that are lacking, the Gardens may
incorporate lessons learned and be the international leader in scientific and research
parks. See Figure 18.
Taking the larger view of the project, the entire spectrum of live, learn, work, and play may
be addressed in the City’s model. Understanding the interrelationship between social (live
and play) and economic (learn and work) structures is paramount for quality of life issues
as related to the business and residential community. Sound planning and building an
entire village centered on the adopted “philosophy” enhances the economic opportunities
for the City and integrity of the scientific community as a whole. Straying from the
philosophy will diminish the project and not capture the bio-tech cluster as envisioned by
economic development professionals and officials from The Scripps Research Institute
during the recruitment process.
Economic Development
Data & Analysis
18 City Council Meeting 12/16/04
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The City of Palm Beach Gardens has adopted strict guidelines to preserve open space.
All residential development must provide approximately 35% of land space as open space.
This, too, has a huge impact on quality of life for our residents. See Figure 19.
Figure 19
Land Density of Municipalities in PBC - PeoplelAcre
-1
2000
1800
1600
1400
6 1200 2
p" 1000 - n
800
600
400
200
n
City of Palm Beach Gardens - GIS Department, 2004
Reflecting one of the core values, Palm Beach Gardens enjoys open space within municipal boundaries,
Not only does the City of Palm Beach Gardens seek to recruit and/or expand employers
with a median salary of $47,272, but also develop strategies to create an environment that
combines the live, play, learn, and work components in land development. It is only
through carefully balancing these solid growth management principles with economic
diversification that the City will shift from a traditional bedroom community to a sustainable
municipality.
Economic Development
Data & Analysis
21 City Council Meeting 12/16/04
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Department Director
I
Date Prepared: January IO, 2006
Meeting Date: February 2, 2006
Resolution 5, 2006
Affected parties
SubjectlAgenda Item: Resolution 5, 2006 - Approve a contract award to Construction
Technology, Inc., for the construction of the Sandhill Crane Access Park and all related
appurtenances, as outlined in the Request for Proposals, Project Number 2002-01 7, and to
authorize the City Manager to take all actions necessary to complete the project in a timely
manner.
[ X ] Recommendation to APPROVE 1 ] Recommendation to Deny
Reviewed by: I Originating Dept.:
Todd Engle
Director City Attor
Community Services
Department
Allan Owen
7 Advertised: NIA
Date:
Paper:
[ ] Not Required [ ] Not Required
I Services Administrator
[ ]Notified
[ ] Not required
Costs: $ 542,700.00
(Total)
$542.700.00
Current FY
Funding Source:
[ ] Operating
[ X ] Other
Budget Acct.#:
301.2000.572.6900
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Conceptual Site Plan
Rendering
Resolution 5.2006
[ ]None
.-
Firm Name
Construction Technology, Inc.
West Construction, Inc.
Date Prepared: January IO, 2006
Meeting Date: February 2, 2006
Resolution 5, 2006
Proposal
$542,700.00
$669,400.00
BACKGROUND: The City of Palm Beach Gardens currently owns a 1.5 acre parcel
adjacent to the FPL Substation along the north side of PGA Boulevard, on the east
side of the C-18 Canal. In addition, the City was approved for a grant through the
Florida Department of Environmental Protection’s Florida Recreation Development
Assistance Program (FRDAP) in the amount of $200,000 to construct an
observation platform, water vessel ramp and dock for small, electric powered boats,
canoes or kayaks, fishing pier, bicycle and nature trail head, educational displays,
picnic areas, restroom facilities and vehicle and trailer parking. This site provides
easy access for the City’s residential communities and is a major component and
destination point along the City’s PGA Boulevard Parkway system. The remainder
of the project costs will be funded from the Recreation Impact Fund.
A design-build Request for Proposal (RFP) for this project was publicly solicited for
30 days, and the City received responses from two (2) firms as follows:
The proposals were carefully reviewed by a design-build selection committee
comprised of City staff, who rated each vendor based on specific qualification
criteria listed in the RFP. At this time, staff recommends a contract award in the
amount of $542,700 to Construction Technology, Inc. If approved, the design phase
for this project is anticipated to begin immediately, with construction estimated to
commence in May 2006. Project completion is anticipated by fall 2006.
STAFF RECOMMENDATION: Approve Resolution 5,2006 as presented.
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Date Prepared: October 3,2005
RESOLUTION 5,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AWARDING A CONTRACT TO
CONSTRUCTION TECHNOLOGY, INC. FOR THE DESIGN AND
CONSTRUCTION OF SANDHILL CRANE ACCESS PARK AND ALL
RELATED APPURTENANCES; AUTHORIZING THE CITY MANAGER
TO TAKE ALL ACTIONS NECESSARY TO COMPLETE THE
PROJECT IN A TIMELY MANNER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City desires to construct the Sandhill Crane Access Park for the
purpose of providing additional recreational park facilities for use by the general public
and
WHEREAS, the City issued a Request for Proposal for the construction of the
Sandhill Crane Access Park and related appurtenances, attached hereto as Exhibit “A;
and
WHEREAS, the City received a proposal to construct the Sandhill Crane Access
Park and related appurtenances from Construction Technology, Inc., attached hereto as
Exhibit “6”; and
WHEREAS, the City wishes to construct the Sandhill Crane Access Park and
related appurtenances, based on the proposal received from Construction Technology,
Inc., in an amount not to exceed $542,700.00; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interests of the citizens and residents of the City of Palm Beach Gardens to award
a contract to Construction Technology, Inc., to provide such services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby awards a contract to Construction
Technology, Inc., in an amount not to exceed $542,700.00, to be funded from the
Recreation Impact Capital Improvement Account, and authorizes the Mayor and City Clerk
to execute an agreement acceptable to the City Attorney with Construction Technology,
lnc. The City Council further authorizes the City Manager to take all actions necessary to
complete the project in a timely manner, including change order approvals which do not
exceed the total budget for the project.
Date Prepared: October 3,2005
Resolution 5,2006
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SECTION 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,2006.
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 JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
COU NCl LM EMBER BARN ETT ---
\Pbgsfile\Attomey\attorney-share\RESOLUTlONS\Construction Technology agrnt - reso 5 2006.doc
2
Date Prepared: January 10,2006
Meeting Date: February 2, 2006
Resolution 5, 2006
EXHIBIT A
Request for Proposals for DesignlBuild of
Sandhill Crane Access Park
SPECIFICATIONS AND PROPOSAL DOCUMENTS
for
DESIGN/BUILD
of
SANDHILL CRANE ACCESS PARK
BID NUMBER: 2005-001
Prepared By:
CITY OF PALM BEACH GARDENS
10500 NORTH MILITARY TRAIL
PALMBEACH GARDENS, FLORIDA 33410
Table of Contents
Advertisement 1 Page
Request for Proposals 11 Pages
Sales Tax Information
Proposal Check List 1 Page
Special Instructions to Proposers 2 Pages
General Information 8 Pages
Proposal Bond 1 Page
Proposal Submittal 5 Pages
Non-Collusion Clause 1 Page
Recycled Content Information 1 Page
Schedule of Equipment and Materials 1 Page
Schedule of Professional Services Consultants 1 Page
Schedule of Subcontractor Participation 1 Page
Drug Free Workplace 1 Page
Trench Safety Affidavit 1 Page
Questionnaire 3 Pages
References 1 Page
Agreement 34 Pages
Certificate as to Corporate Principal
Performance Bond 2 Pages
Payment Bond 2 Pages
Opinion of Attorney 1 Page
Application for Payment 1 Page
Certificate of Substantial Completion 2 Pages
Form of Final Receipt 1 Page
Bill of Sale 1 Page
DesigdBuilder’s Affidavit to Owner
Exhibit “A” - Project Description
Exhibit “B” - Price Schedule
Exhibit “C” - Proposed Wage Rages
Exhibit “D” - Scope of Work
Exhibit “E” - Site Map
Exhlbit “F” - Boundary Survey of Sandhill Crane Access Park
Exhibit “G” - Not Used
Exhibit “H” - Approved FPL Substation Site Plan
8 Pages
1 Page
2 Pages
1 Page
1 Page
1 Page
6 Pages
1 Page
1 Page
1 Page
2002-017 Table of Contents
REQUEST FOR PROPOSALS
The City of Palm Beach Gardens is accepting proposals for the following:
DESIGNBUILD for Sandhill Crane Access Park and all necessary appurtenances including, but not limited to,
plumbing, electrical, demolition, construction, site work and restoration, related to such construction.
Proposal Documents may be obtained beginning on Wednesday. Januarv 12. 2005, at the address below or by
calling the City Clerk's office at 561-799-4122, upon payment of $25.00, whch amount will not be refunded. The
money order or certified check should be made payable to the City of Palm Beach Gardens. Proposal documents
will not be issued unless the request is received at least 24 hours prior to the opening of the Proposals.
A Pre-Proposal Conference will be held on Tuesdav. Januarv 18, 2005, at 2:OO p.m. in the Citv of Palm Beach
Gardens Council Chambers.
All Proposals must contain, one (1) original and five (5) copies, and must be received at the address below in the
Citv Clerk's Office, no later than Februarv 9, 2005, at 2:OO P.m., at which time all 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.
Oral presentations by Proposers to the selection Committee will be held on Februarv 14,2005, at 2:OO D.m.
Proposal Security in the amount of ten percent (10%) of the Proposal must accompany each Proposal in accord with
the General Information for Proposers.
The successful Proposer, who is awarded the contract, will be required to msh a 100% Construction Performance
Bond and a 100% Construction Payment Bond meeting the requirements of Section 255.05 Florida Statutes.
All Proposals should be submitted in a sealed envelope, identified as follows:
Project Name: Sandhill Crane Access Park
Bid Number: 2005-001
and delivered or mailed to:
City of Palm Beach Gardens
Office of the City Clerk
10500 North Military Trail
Palm Beach Gardens, FL 33410
The CITY reserves the right to accept or reject any or all Proposals (in whole or in part) with or without cause, to
waive technicalities, irregularities or informalities, or to accept Proposals which in its judgment best serve the City.
CITY OF PALM BEACH GARDENS
Patricia Snider
City Clerk
Publish: Palm Beach Post
Januarv 9,2005
Januarv 16,2005
2002-017 Page 1 of 1 Advertisement
CITY OF PALM BEACH GARDENS
REQUEST FOR PROPOSALS
SUBJECT: DesigdBuild of Sandhill Crane Access Park
Bid Number 2005-001
The City of Palm Beach Gardens invites you to submit an original Proposal (unbound and
clearly marked) and five (5) bound copies in response to our Request for Proposal. All
submissions and inquiries must be addressed as outlined in the PROPOSAL.
The proposals are to be submitted in a sealed envelope bearing the name of the Proposer,
and the address as well as the title of the Project, City Project Number and Bid Number,
no later than 2:OO p.m. eastern standard time February 9,2005. Address your proposal
to City Clerk, City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach
Gardens, Florida 33410.
All proposals must be accompanied by a proposal bond of 10% of the total proposal, to
be in the form of a Proposal Bond or Cashier’s Check, made payable to the City of Palm
Beach Gardens; a bond written by a surety company authorized to do business in the
State of Florida and shall comply with Florida Statute 287.0935 and all other applicable
Florida laws as a guarantee that the Proposer, if awarded the contract, will within fifteen
(15) consecutive calendar days after being notified of the award, enter into a contract
with the City of Palm Beach Gardens in accordance with the specifications. The bond, if
in the form of a Cashier’s Check, of all unsuccessful Proposers will be returned after
proposal award. A Performance and Payment Bond for 100% of the total contract will be
required of the successful Proposer.
The City’s tentative schedule for this Request for Proposal is as follows:
Pre-Proposal Conference January 18,2005 2:OO p.m.
Last day for Questions February 2,2005 2:OO p.m.
Proposals Due/Opening of Proposals: February 9,2005 2:OO p.m.
Proposal Evaluations by Selection Committee: February 10,2005 2:OO p.m.
Oral Presentations: February 14,2005 2:OO p.m.
Council Award: March 17,2005 7:OO p.m.
The City reserves the right to delay scheduled dates.
We look forward to your active participation in this solicitation.
Sincerely,
Patricia Snider
City Clerk
2002-01 7 Page 1 of 11 Request for Proposal
CITY OF PALM BEACH GARDENS
Bid Number 2005-001
Sandhill Crane Access Park
1.0 PURPOSE
The City of Palm Beach Gardens, Florida desires to retain a qualified and competent independent
contractor to provide all the necessary professional design services and all labor, materials,
equipment necessary to construct the Sandhill Crane Access Park and any fencing/walls, fill,
utilities, drainage, landscaping, irrigation, and all other improvements as detailed in Exhibits “A”,
“D’ and “E” of this proposal.
Selection of the professional team shall be in accordance with Florida Statue 287.055,
“Consultants’ Competitive Negotiation Act”.
Interested firms or individuals shall be qualified to perform the services and requirements herein
pursuant to all applicable laws, rules, regulations, codes, ordinances, directives and guidelines
whether federal, state or local. The selected proposedfirm must be currently licensed to provide
the services of a design build firm in accordance with the laws of the State of Florida. Copies
must be provided with the proposal.
2.0 PRE-PROPOSAL CONFERENCE
A Pre-Proposal Conference will be held on January 18,2005, at 2:OO p.m. at Citv of Palm
Beach Gardens Council Chambers . At that conference, all work will be discussed and all
questions answered. After this conference, you may submit questions in writing to be received
no later than February 2, 2005, at 2:OO p.m. to: Jennifer Mikulski, Construction Services
Coordinator, City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach Gardens,
Florida 33410. Facsimile: (561) 799-4134 or via email to JMikulski@,pbPfl.com.
Proposers are required to be familiar with any conditions, which may in any manner, affect the
work to be done or affect the equipment, materials, and labor required. The Proposer is also
required to examine carefully the Scope of Work and Design Criteria Package and be thoroughly
informed regarding any and all conditions and requirements that may in any manner affect the
work to be performed under this contract.
Submission of a proposal will be construed that the Proposer is acquainted sufficiently with the
site and work to be performed. No allowances will be made because of lack of knowledge of
these conditions.
3.0 PROJECT DESCRIPTION
The Sandhill Crane Access Park project consists of the construction of an observation platform,
water vessel ramp and dock for small electric powered boats, canoes or kayaks, educational
displays, picnic areas, restroom facilities and vehicle and trailer parking.
The Scope of Work and basic components to be constructed are attached as Exhibit “D”, the Site
Map is attached as Exhibit “E”, both of which are incorporated herein by reference.
4.0 REQUIREMENTS OF PROPOSAL
2002-01 7 Page 2 of 11 Request for Proposal
Proposer interested in this project shall clearly describe all aspects of the project as proposed.
Include details of your approach and work plans. A brief statement must be included, which
explains why your proposal would be the most effective and beneficial to the City of Palm Beach
Gardens.
Proposers shall submit as part of their proposals, complete descriptions, and layouts of the
proposed Sandhill Crane Access Park. Modifications to the existing facilities include, but are
not limited to the items listed in Exhibit “D’ and Exhibit “E”. Proposers must also submit a
statement listing those agencies which the Proposer has consulted concerning the proposal.
The proposal must address the commitment and timetable of 150 calendar days for substantial
completion of the project, including design and construction.
Relevant experience shall be at least three (3) completed similar design/build projects from the
Design/Build team.
A listing providing all sub-contractors, and additional qualification information should be
provided as to the experience of the team that will construct the project.
Identify the contact person and supervisory personnel who will work on the project. A resume of
each person shall be provided with emphasis on their experience with similar work. Proposers
must also submit copies of Contractors License, and any other licenses deemed relevant by the
City of Palm Beach Gardens.
5.0 PROPOSAL DUE DATE
Sealed proposal shall include one original (clearly marked) and five (5) complete bound copies
with all appropriate attachments to be received at City Clerk’s Office, City of Palm Beach
Gardens, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 until 2:OO p.m. on
February 9,2005. Proposals should be addressed as follows for mail or hand delivery:
City of Palm Beach Gardens
City Clerk’s Office
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Submitted envelopes should clearly be marked as follows:
Sandhill Crane Access Park
Bid Number: 2005-001
6.0 SUBMISSION OF PROPOSAL
A. Incurred Expenses:
The City is not responsible for any expenses, which Proposers may incur preparing and
submitting proposals called for in the Request for Proposals.
The City shall conduct personal interviews or require presentations on proposers selected
pursuant to Consultants Competitive Negotiations Act and the selection procedures
B. Interviews:
2002-017 Page 3 of 11 Request for Proposal
herein. The City will not be liable for any costs incurred by the Proposer in connection
with such interviews/presentations (i. e. travel, accommodations, etc).
By submitting a proposal, the Proposer certifies that the Proposer has fully read and
understands the proposal method and has full knowledge of the scope, nature, and quality
of work to be performed and can abide by the terms and conditions herein.
D. Request for Additional Information:
The Proposer shall furnish such additional information as the City of Palm Beach
Gardens may reasonably require. This includes information, which indicates financial
resources as well as ability to provide the system andor services. The City reserves the
right to make investigations of the qualifications of the Proposer as it deems appropriate,
including but not limited to, a background investigation conducted by the City of Palm
Beach Gardens Police Department, or such other firm or agency the City deems
necessary or advisable.
E. AcceptanceRejectiodModification to Proposals:
The City reserves the right to reject any and all proposals, and to waive minor
irregularities in the procedure and proposals.
All proposals submitted shall be binding for 60 calendar days following opening.
C. Proposal Acknowledge:
F. Proposals Binding:
7.0 CONDITIONS OF PROPOSALS
A. Late Proposals - Proposals received by the City after time specified for receipt will not
be considered. Proposers shall assume full responsibility for timely delivery at the
location designated for receipt of proposals.
B. Completeness - All information required by this PROPOSAL must be supplied to
constitute an acceptable proposal.
C. Public Opening - All proposals will be publicly opened at the time and place specified.
D. Award Presentation - The City Manager will present to City Council for acceptance and
final award, one of the proposals, or reject all proposals, within sixty (60) calendar days
from the date of opening of proposals, unless otherwise extended by the City of Palm
Beach Gardens.
8.0 TERMS AND CONDITIONS OF CONTRACT
The successful proposer agrees to be bound to the terms and conditions of the City of Palm Beach
Gardens Design Build Agreement, herein.
9.0 REFERENCES
Please provide a list of three (3) references of similar projects satisfactorily performed within the
past five years. References must be submitted on the form provided.
10.0 PROCEDURE FOR REVIEW
2002-017 Page 4 of 11 Request for Proposal
A Committee has been established to review and evaluate all proposals submitted in response to
this PROPOSAL. The Committee shall conduct a preliminary evaluation of all proposals on the
basis of the information provided and other evaluation criteria as set forth in this PROPOSAL.
The City Clerk’s Office will notify all Proposers whose proposals are within the competitive
range. The competitive range is determined by the City, and will include all proposals with a
reasonable chance of being selected for award, considering experience and other pertinent factors
based upon evaluation criteria. Proposals found to be non-responsive shall be rejected fiom
further consideration.
No person shall make contact or make any private or separate delivery of marketing information,
promotional material or other information concerning this project or any proposer to any elected
officers of the City, members of the City staff or member of the Committee at any time during the
selection process. Prohibited materials shall include, but not limited to, brochures, photographs,
graphics, videotapes, or other related media of any kind. Lobbying is strictly prohibited.
The Committee shall independently review and score every proposal and shall meet as a group to
discuss the preliminary ratings of the firm(s) under consideration based on the above factors and
select the firms with the three highest scores to present oral interviews.
The scoring shall be based on all factor(s) as identified below and all other pertinent data
submitted. A grand total score shall be computed by adding each Committee members score
together.
If the City receives three or less responsive proposals, oral interviews will be conducted with all
proposers.
11.0 EVALUATION OF PROPOSALS
Short List
Initial Evaluation to short list proposals will be made by the Selection Committee on February
10, 2005. Short list award shall be made to the responsible and responsive Proposers whose
proposal is determined to be the most advantageous to the City. The proposal shall be evaluated
and the short list selection shall be made to the three contractors with the highest score based on
the following criteria:
A. Evidence of ability, capacity & skill of firm to perform, including ability to meet
schedule, stability, availability (Max. 20 points)
B. Balanced Proposal Price (Max. 30 points)
C. Successful experience & background in similar projects, including references and
familiarity with local regulatory agency procedures & requirements (Max. 30 points)
D. Background & experience of personnel assigned to City’s projects (Max. 10 points)
E. Adequate Equipment to perform work (Max. 10 points)
Maximum total points awarded: 100 points
Oral Presentation
The top three firms, as determined above, shall be requested to give up to a twenty (20) minute
oral presentation on their proposal to the Committee on February 14,2005, at 2:OO p.m. in the
Council Chambers. The Committee will evaluate the presentations in accordance with the
criteria listed below:
2002-017 Page 5 of 11 Request for Proposal
A. Initial evaluation (Max. 5 points)
B. Ability to meet schedule (Max. 5 points)
C. Team qualifications (Max. 5 points)
D. Approach (Max. 5 points)
E. Similar projects & past performance (Max. 5 points)
F. Price (Max. 5 points)
Maximum total points awarded: 30 points
Final Award
Final award shall be made pursuant to Consultant’s Competitive Negotiations Act. The City shall
first negotiate with the Proposer having the highest points total from the oral presentation, as
described above. If unsuccessful, the City shall go on to the next highest ranked Proposer and if
unsuccessful in negotiations, then to the next Proposer. Nothing herein, however, shall prevent
the City from rejecting any or all proposals.
12.0 QUALIFICATION OF PROPOSERS
The City reserves the right to request a proposer under consideration for award to furnish a
certified financial statement, current within the past quarter, which must be a complete report of
the financial resources and liabilities.
13.0 ADDITIONAL INFORMATION/CLARIFICATIONS
Information provided by the City is to facilitate proposals. Effort was made to provide necessary
and accurate information when this request was prepared, but the City is not to be penalized for
any lack of completeness. Accuracy of this data is not guaranteed. It is the sole responsibility of
Proposers to assure that they have all information necessary for submission of their proposals.
Any questions relative to interpretation of specifications or if more information is needed, please
contact Jennifer Mikulski, Construction Services Coordinator, in writing, on or before February
2,2005,2:00 p.m., via fax: (561) 799-4134 or e-mail to JMikulski@,pbgfl.com.
14.0 INFORMATION REQUIRED OF PROPOSER
In order to insure a uniform review process and to obtain the maximum degree of comparability,
it is required that the proposals be organized in the manner specified. Proposer must submit price
on provided forms only. Proposals submitted on vendor price forms will not be accepted.
A. Proposal Format:
Proposal shall be in the following order:
Title Page, Table of Contents, Letter of Transmittal, All documents requiring signatures
(i.e. Proposal Certificate, Questionnaire, Special Instructions to Proposers, etc.), General
Information, Specific Information, References.
B. Title Page:
Name of Proposer’s company/corporation, address, telephone number, name of person
which will handle City’s account, date, and the subject Sandhill Crane Access Park,
Bid Number 2005-001.
2002-01 7 Page 6 of 11 Request for Proposal
C. Letter of Transmittal:
Limit to one or two pages.
understanding of the work to be performed.
Briefly state the Proposer’s positive commitment and
D. General Information:
State if business is local, national, or international and indicate the business legal status
(corporation, partnership etc.).
Give the date business was organized and/or incorporated, and place of formation or
incorporation.
Ability to provide type, quality, and quantity of services requested. Including experience
handling similar volume of services, financial, technical skill, references, and satisfactory
record of performance.
A summary of the institution’s financial resources (including the latest year audited
financial statements and annual report of Insurance Company and holding company).
Give the location of the office, which will handle the City’s account and the number of
professional staff personnel at the office.
State if the business is licensed, permitted andor certified to do business in the State of
Florida, attach copies of all such licenses issued to the business entity.
E. Specific Information
Professional resumes of proposed firm principal in charge, the actual working principal
engineer or architect and contractor, and all other key members of the anticipated project
team.
Any supplemental materials, which might enhance the City’s understanding of the firm
and it capabilities and experience.
NOTE: “Principal Engineer” or “Architect” is understood to be the firm’s liaison with
the City.
F. Insurance Requirements
Proposers must submit with their proposal, proof of insurance meeting or exceeding the
following requirements:
0
0
Workers’ Compensation Insurance - as required by law.
Employer’s Liability Insurance - $100,000 per occurrence
Professional Liability (Errors and Omissions) Insurance - $1,000,000
with a deductible not to exceed $50,000 per claim. The certificate of
insurance shall reference any applicable deductible.
Comprehensive General Liability Insurance - $1,000,000 per occurrence
combined single limit for Bodily Injury Liability and Property Damage
Liability.
Automobile Liability Insurance - for owned, non-owned and hired
vehicles - $300,000 per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability.
0
2002-01 7 Page 7 of 11 Request for Proposal
0 Builder’s Risk Insurance - Coverage shall be “ALL RISK’ coverage for
one hundred percent (100%) of the completed value of the structure(s),
building(s) or addition(s). Where contract calls for install of machinery
or equipment, the policy must be endorsed to provide coverage on “ALL
RISK’ basis during transit and installation. The policy must be issued
with a deductible of not more than $50,000 per claim.
The required insurance coverage shall be issued by an insurance company authorized and
licensed to do business in the State of Florida, with the minimum rating of B+ or better,
in accordance with the latest edition of A.M. Best’s Insurance Guide.
The successful Proposer(s) must submit, prior to signing of contract, a Certificate of
Insurance naming the City of Palm Beach Gardens as additional insured for all insurances
except for professional liability.
G. Proposer’s Certification Form, Proposal Bond, Non-Collusion Form, Questionnaire,
Special Instructions to Proposers, Drug Free Workplace Form, and Recycled Content
Information etc.
H. Standard Forms (SF) 254 and 255.
I. If no deductible for insurance is referenced above, the City reserves the right to require
such deductibles which shall be determined by its Risk Manager, but not less than
$25,000 per claim.
15.0 PRICES PROPOSED
Prices shall be shown in both unit amounts and extensions whenever applicable. In the event of
discrepancies existing between unit amounts and extensions or totals, unit amounts shall govern.
All proposal prices shall include all professional design fees, permit fees, royalties, license fees
and other costs arising from the use of the design, equipment and/or materials and supplies in any
way involved in the work as well as all costs of packaging, transporting and delivery of any
materials and equipment to the designated location within the City of Palm Beach Gardens.
16.0 LIQUIDATED DAMAGES
The awarded Proposer shall reach substantial completion no later than 150 calendar days from
the Notice to Proceed, failure to substantially complete will result in payment to the City of
$200.00 per calendar day as liquidated damages, for each day beyond substantial completion
time. After substantial completion, Proposer shall complete the remaining work within 15
calendar days thereof; failure to complete will result in the City deducting $250.00 per calendar
days as liquidated damages for each day until completion and readiness for final payment.
17.0 PERFORMANCE AND PAYMENT BONDS
The successful Proposer will be required to furnish to the City of Palm Beach Gardens, a
Performance Bond and Payment Bond for 100% of the total proposal submitted, to be in the form
of a Cashier’s Check, made payable to the City of Palm Beach Gardens; a bond written by a
2002-017 Page 8 of 11 Request for Proposal
surety company authorized to do business in the State of Florida and shall comply with State
Statute 287.0935; and State Statute 255.05; or an Irrevocable Letter of Credit meeting the
requirements of the City and in a form acceptable to the City. If the latter is chosen, it be
written on a bank located in Palm Beach County, be in the amount of the contract and should
clearly and expressly state that it cannot be revoked until express written approval has been given
by the City of Palm Beach Gardens, or as otherwise provided by the City in writing. The City, to
draw on same, would merely have to give written notice to the bank with a copy to the successful
Proposer. All sureties and the form of such bonds must be approved by the City of Palm Beach
Gardens.
18.0 MATERIALS
All materials supplied by the Proposer under the provisions of this proposal shall be new
materials of the kind and character called for in the plans and specifications and pursuant to the
submission, including the proposal accepted by the City. Defective equipment or material
damaged in the course of installation or tests shall be replaced or repaired in a manner satisfactory
to the City. All materials and equipment to be furnished under this proposal shall be the standard
product of a manufacturer regularly engaged in the production of such material and shall be the
manufacturer’s current standard design and as specified in the contract documents.
19.0 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT
The Proposer certifies that all equipment and materials proposed in this proposal meets all
O.S.H.A. requirements. Proposer further certifies that, if he/she/it is the successful Proposer, and
the equipment and materials delivered are subsequently found to be deficient in any O.S.H.A.
requirements in effect on date of delivery, all costs necessary to bring the equipment and
materials into compliance with the aforementioned requirements shall be at the Proposer’s
expense.
20.0 DISPUTES
The City Clerk shall post a tabulation of the Proposal results and the City shall notify Proposers
of the intended award recommendations. Posting shall be in the Office of the City Clerk and shall
be on display for public viewing. All Proposers will also be notified by the City Clerk at the time
such decision is made of award, via telefax or other means including posting, of the intended
award.
Any actual or prospective Proposer 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 5:OO 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 of the intended award. Failure to file
a timely formal written protest within the time period specified shall constitute a waiver by the
Proposer of all rights of protest under this Proposal 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 the administrative remedies have been exhausted or until the
2002-017 Page 9 of 11 Request for Proposal
City Manager determines that, the award of the Proposal/contract without delay is necessary to
protect the public health, welfare, or safety.
21.0 LEGAL REQUIREMENTS
Federal, State, County and City laws, ordinances, codes, rules, regulations, guidelines and
directives 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.
22.0 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 may 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.
23.0 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 Proposing on any future Proposals/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 North Military Trail, Palm
Beach Gardens, FL 33410.
24.0 FLORIDA PUBLIC RECORDS ACT
All material submitted regarding this proposal becomes the property of the City. Proposals may
be reviewed by any person, firm or entity ten (10) 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, as outlined in F.S. 119.01 et. seq. governing public records.
Any resulting contract may be reviewed by any person, firm or entity after the contract has been
executed by the City. The City has the right to use any or all informatiodmaterial submitted in
response to this Proposal andor any resulting contract from same. Disqualification of a Proposer
does not eliminate this right.
2002-017 Page 10 of 11 Request for Proposal
25.0 TIED PROPOSALS/DRUG FREE WORKPLACE PROGRAMS
In the event of an identical tied proposal, preference will be given based on:
Proposer’s previous successful projects
Availability or completion period
Principal place of business is located in the City of Palm Beach Gardens
(Occupational license must be submitted)
If none of the vendors have above experience, preference shall be given to the business
submitting proof of Drug-Free Work Place (DFW) programs. If tied proposals meet all of the
above criteria, the City shall conduct a coin flip.
2002-01 7 Page 11 of 11 Request for Proposal
During the course of this Project, the City of Palm Beach Gardens (hereinafter referred to as “City”)
may issue a change order or change orders to delete from the contract certain items that the City desires
to purchase directly and furnish to Contractor for use in the Project. Contractor agrees that if City desires
to issue such Change Order(s), Contractor will assist the City in identifying appropriate materials and
equipment to be included in the Change Order(s), will execute such Change Order(s) and will participate
in this tax savings program at no additional cost to the City. Furthermore, Contractor agrees to abide by
and comply with the following Special Conditions.
SPECIAL CONDITIONS
PROVISIONS GOVERNING STATE OF FLORIDA
SALE AND USE TAX EXEMPTION FOR
CITY-FURNISHED MATERIALS
1. Sales and Use Taxes. The City is exempt from paying sales and use taxes on materials and
equipment purchased for, and incorporated into the Sandhill Crane Access Park, City Project
Number 2002-017 (hereinafter the “Project”). The work (“work”) shall mean all things and
matters necessary to complete the project by the contractor in accordance with the contract
documents and is also defined as otherwise provided for herein. The City may make direct
purchases of some or all materials and equipment purchased for, or to be incorporated into the
Project, as agreed to by the Contractor and agreed upon by the City in the form of a change
order. All direct purchases of materials and equipment shall be made by the City with hnds
specifically allocated for the construction of the Project. Material suppliers shall be
competitively bid by the Contractor and its subcontractors. The Contractor shall include the price
for all construction materials in its bid. The Contractor shall provide the City a list of all intended
suppliers, vendors and material men for consideration as City Purchased Materials. This list shall
be submitted at the same time as the preliminary schedule of values. The Contractor shall submit
price quotes from the vendors, as well as a description of the materials to be supplied, estimated
quantities and prices and as provided below. The Contractor shall notify the City no later than
30 calendar days after request by City of the requested materials and equipment to be purchased
by the City for the Project. The standard City of Palm Beach Gardens Terms and Conditions
applicable to this program are included as Attachment A to this section. Each equipment
supplier of equipment to be provided under the Sales Tax Recovery Program shall be obligated
to meet the requirements of the City of Palm Beach Gardens Terms and Conditions and the
Technical Specifications.
1.1 The Contractor shall: (a) compile Contractor’s and any Subcontractors’ itemized
requirement for materials and equipment, including quantities, unit costs, manufacturers’
or vendors’ catalogue or order numbers, delivery instructions, and other specific terms
and information that are required to order the specific materials and equipment, and terms
and conditions to be imposed on suppliers regarding delivery and submittal time
requirements, and quantities thereof required by Contractor or Subcontractors in
accordance with the applicable requirements of the Construction Contract, from time to
time, during the construction of the Project, as materials and equipment need to be
ordered for the Project, and submit such compilation to the City’s Project Manager: (b)
prepare a requisition for such materials and equipment on the City’s form of requisition:
2002-017 Page 1 of 8 Sales Tax Information
2002-01 7
1.2
and (c) deliver any such requisition to the City’s Construction Project Manager no less
than thirty (30) days prior to the date the manufacturer or vendor of the materials or
equipment, as the case may be, requires orders for such materials or equipment to be
placed to assure delivery of such materials or equipment to the Site in accordance with
the Project Schedule (the “Order Date”). The requisition shall identify the Order Date.
Upon receipt of any such requisition the City’s Construction Project Manager shall
forward the same to the City’s Purchasing Department. The City shall issue a Purchase
Order directly to the vendor of the materials or equipment, prior to the Order Date (a
Purchase Order). The City shall include with any such Purchase Order, a copy of the
City’s sales and use tax exemption certificate. The City shall make direct payment to the
vendor from the City’s account.
The Contractor, upon the delivery of any such materials or equipment, shall verify the
conformity of such materials or equipment with the terms of the Purchase Order and the
Contract Documents. If the Contractor determines that the materials and equipment are
conforming, the City shall take title and possession of such material and equipment
before such materials and equipment are incorporated into the Project. If the Contractor
determines that the materials and equipment are non-conforming, the Contractor shall
immediately notify the City in writing and the City shall reject such material and
equipment.
1.3 The City shall assume all risk of loss on all materials and equipment purchased pursuant
to its sales and use tax exemption, subject to the provisions of section 1.10 below. The
City shall maintain Builder’s Risk Insurance for the full insurable value for all materials
and equipment purchased as a result of the Owner Direct Purchasing Program herein.
This coverage shall be in addition to all other coverage required in Section 1.1 1 below or
as otherwise provided in these Construction Documents and Contract.
1.4 To the extent that materials and equipment are purchased pursuant to the City’s sales and
use tax exemption, the Contractor shall reduce the Contract Amount and the penal sum of
its public construction bond by 1.06 times the cost of the materials and equipment
purchased directly by the City.
1.5 The Contractor shall be fully responsible for all matters relating to the receipt of materials
and equipment furnished by the City in accordance with this Special Condition,
including, but not limited to, the responsibility for verifying correct quantities, verifying
documents or orders in a timely manner, coordinating purchases, providing and obtaining
all warranties and guarantees required by the Contract Documents, inspection and
acceptance of the materials and equipment at the time of delivery, and loss or damage to
materials and equipment following acceptance of items due to the negligence of such
Contractor or any Subcontractors or other party. The Contractor shall coordinate delivery
schedules, sequence of delivery, loading orientation, and other arrangements normally
required by such Contractor for the particular materials furnished. The Contractor shall
provide or arrange for all services required for the unloading, handling and storage of
such materials and equipment through installation.
Page 2 of 8 Sales Tax Information
1.6 The Contractor shall visually inspect all shipments from material and equipment vendors
purchased directly by the City in accordance with this Special Condition (the “City
Furnished Materials”) and approve the vendors’ invoices for materials or equipment
delivered, as City-Furnished Materials are furnished to the Site in accordance with this
Special Condition. The Contractor shall assure that each delivery of the City Furnished
Materials is accomplished by documentation adequate to identify the Purchase Order
against which the purchase is made. This documentation may consist of a delivery ticket
and an invoice from the vendor conforming to the Purchase Order, together with such
additional information as the City may require. The Contractor shall deliver to the City’s
Construction Project Manager all invoices for materials and equipment upon verification
by such Contractor that the materials and equipment conform exactly to the Contract
Documents and the Purchase Order. Upon receipt of any invoice for City Furnished
Materials, the City’s Construction Project Manager shall accept such materials and
deliver such invoice to the City for payment directly to the vendor.
1.7 The Contractor shall inspect all City Furnished Materials to determine that such City
Furnished Materials conform to the Contract Documents, including the Drawings and the
Plans and Specifications, and to determine prior to incorporation into the Work whether
any such City Furnished Materials are patently defective, and whether such City
Furnished Materials are identical to the materials ordered and match the description of
the bill of lading and the Purchase Order. If Contractor discovers defective or non-
conforming City Furnished Materials upon such visual inspection, Contractor shall: (1)
not recommend acceptance of such non-conforming materials and equipment, (b) not
utilize such non-conforming or defective materials in the Work; (c) not allow
Subcontractor to utilize such non-conforming or defective materials in the Work; and (d)
promptly notify the City’s Construction Project Manager, in writing, of the defective or
non-conforming condition so that repair or replacement of those City Furnished Materials
can occur without any undue delay or interruption to the Project. In the event that such
Contractor fails to perform such inspection or otherwise incorporates into the Work such
defective or non-conforming City Furnished Materials, the Contractor shall be
responsible for the repair and replacement of defective or non-conforming materials, at
its sole cost and expense.
1.8 The Contractor shall maintain written and detailed records of all City Furnished Materials
incorporated into the Work from the stock of City Furnished Materials. The Contractor
shall account monthly to the City’s Construction Project Manager and City for any City
Furnished Materials delivered to the Site, indicating which City Furnished Materials have
been incorporated into the Work.
2002-01 7
1.9 The Contractor shall be responsible for obtaining and managing all warranties and
guarantees for all City Furnished Materials. All repair, maintenance or damage-repair
calls shall be forwarded by the City to the Contractor for resolution with the appropriate
vendor, supplier or Subcontractor. The Contractor warrants represents and covenants that
it shall be responsible for all warranties and guarantees of the City Furnished Materials.
Page 3 of 8 Sales Tax Information
1.10
1.11
1.12
1.13
1.14
1.15
After the City takes possession of the City Furnished Materials at the Site, possession of
the City’s Furnished Material shall immediately and automatically transfer to the
Contractor without notice. The transfer of possession of City Furnished Materials from
the City to the Contractor shall constitute a bailment for the mutual benefit of the City
and such Contractor. The City shall be considered the bailor and such Contractor the
bailee of the City Furnished Materials. City Furnished Materials shall be considered
returned to the City for purposes of their bailment at such time as they are incorporated
into the Project or consumed in the process of completing the Project and they are
accepted in writing by the City upon final completion and acceptance of the Project by
the City.
The Contractor shall purchase and maintain builder’s risk insurance sufficient to protect
against loss of or damage to City-Furnished Materials. Such insurance shall cover the
full value of any City-Furnished Materials between the time the City and or Contractor or
its agents first takes title to and possession of any of such City-Furnished Materials until
final completion of the Work. The Contractor shall also maintain any other insurance
with such deductible amounts that the City’s Risk Manager deems necessary as it relates
to the City Furnished Materials.
The City shall not be liable for any interruption or delay damages in the Project by virtue
of ordering the City Furnished Materials, for any defects or other problems with the
Project by virtue of ordering the City Furnished Materials, or for any extra costs resulting
from any delay in the delivery of, or defects in, the City Furnished Materials.
The Contractor, on a monthly basis, shall review invoices submitted by all vendors of
City Furnished Materials delivered to the Site during the prior month and either concur or
object to the City’s Issuance of payment to the vendors, based upon such contractor’s
records of materials delivered to the Site and whether any of the City Furnished Materials
for which payment has not been made were either non-conforming or defective.
In order to arrange for the prompt payment to the vendor, the Contractor shall provide to
the City’s Construction Project Manager a list of the acceptance of the goods or materials
within fifteen (15) days of receipt of said goods or materials. Accompanying the list shall
be a copy of the applicable Purchase Order, invoices, delivery tickets, written acceptance
of the delivered items, and such other documentation as may be reasonably required by
the City. Upon receipt of the appropriate documentation, the City shall prepare a check
payable to the vendor based upon the receipt of data provided. This check will be
released, delivered and remitted directly to the vendor. The Contractor shall assist the
City to immediately obtain partial or final release of waivers as appropriate. The City
shall not make any payment without the appropriate Contractor’s concurrence and
approval, which shall be delivered to the City by the City’s Construction Project
Manager. There shall be no retention on City Furnished Materials against either the
vendor, the Contractor(s) or the Subcontractor(s).
The Contractor and or the City may, in its or their reasonable discretion, require certain
material and equipment vendors to provide a supply bond in the amount of one-hundred
2002-017 Page 4 of 8 Sales Tax Information
percent (1 00%) of the Purchase Order price. The supply bond, if required, shall be issued
by a qualified surety company authorized to do business in the State of Florida and
acceptable to the City. If the supply bond is required, the costs thereof will be added to
the amount of the Purchase Order. The Contractor shall verify that a vendor can furnish a
supply bond. All bonds will name the City and the Contractor as additional obligees.
TERMS AND CONDITIONS
Attachment A
The following Terms and Conditions are applicable to this order entered into by and between the City of
Palm Beach Gardens (referred to as Buyer) and Vendor (referred to as Seller).
ACCEPTANCE
Seller’s acceptance of this order will be presumed unless Seller acknowledges exception, in
writing, to Buyer within ten (1 0) calendar days after date of order.
ANTI-DISCRIMINATION
Sellers doing business with the City of Palm Beach Gardens are prohibited fkom discriminating
against any employee, applicant, or client because of race, color, religion, disability, sex, age,
national origin, ancestry, marital status, or sexual orientation with regard to but not limited to the
following employment practices, rates of pay or other compensation methods, and training
selection.
ASSIGNMENTS
Any assignment of this order, performance of work hereunder, in whole or in part, or monies due or
to become due hereunder, shall be void unless consented to by Buyer in writing and Buyer shall
have no obligations to any assignee of Seller under any assignment not consented to in writing by
Buyer.
DEFAULT
In the event of default by the Seller, Buyer may procure the articles or services covered by this
order from other sources and hold the seller responsible for any excess costs occasioned thereby.
DELIVERIES
Deliveries are to be made during hours 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding holidays, unless otherwise stipulated. Seller shall notify the Buyer of deliveries that
require special handling andor assistance for off-loading. Failure to notify the Buyer concerning
this type of delivery will result in the billing to Seller of any add-on re-delivery, storage, or
handling charges.
EXCUSABLE DELAYS
The Buyer may grant additional time for any delay or failure to perfonn hereunder if the delay will
not adversely impact the best interest of the City of Palm Beach Gardens and is due to causes
beyond the control of the Seller. Such grant must be in writing and made part of the order.
2002-017 Page 5 of 8 Sales Tax Information
2002-01 7
F.O.B.
In those cases where prices stated are not F.O.B. Destination, Seller is required to prepay charges
and list on invoices.
INDEMNIFICATION
To the extent authorized by law, Seller shall indemnify, save and hold harmless the City of Palm
Beach Gardens, its employees and agents against any and all claims, damages, liability and court
awards including costs, expenses and attorney fees incurred as a result of any act or omission by
the Seller, or its employees, agents, subcontractors of assignees pursuant to the terms of this
order.
INSPECTION
All Commodities delivered on this order are subject to inspection upon receipt by a
representative of the City of Palm Beach Gardens. All rejected commodities shall remain the
property of the Seller and will be returned at the Seller’s expense.
INVOICING
Seller must render original invoice to the City of Palm Beach Gardens, Attention Director of Capital
Improvements, 10500 North Military Trail., Palm Beach Gardens, FL 33410 with a copy to the
Director of Finance and the Director of Capital Improvements at the address stated herein.
LEGAL RESPONSIBILITY
By accepting this order, Seller understands and agrees that the items covered herein, or services
to be rendered, shall be manufactured, sold or performed in compliance with applicable Federal,
State, County and Local laws, ordinances, rules, codes and regulations. Lack of knowledge by
the Seller shall in no way be a cause for relief from responsibility.
LIABILITY-COPYRIGHT/PATENT/TRADEMARK
Seller shall save and hold harmless the City of Palm Beach Gardens, its employees and agents
from liability for infringement of any United States patent, trademark or copyright trademark or
copyright for or on account of the use of any product sold to Buyer or used in the performance of
this order.
MODIFICATIONS
No modifications of this order shall be binding upon Buyer unless approved by an authorized
representative of Buyer’s Purchasing Office.
OCCUPATIONAL SAFETY AND HEALTH
Seller compliance required under Chapter 442, Florida Statutes, that any toxic substance
delivered as a part of this order must be accompanied by a Material Safety Data Sheet (MSDS).
ORDER NUMBER
Order Number must appear on all invoices, packing slips, shipping notices, freight bills, and
correspondence concerning this order.
PAYMENT CHANGES
Page 6 of 8 Sales Tax Information
Payments will be made only to the company and address as set forth on order unless the Seller
has requested a change thereto on official company letterhead, signed by an authorized officer of
the company.
PUBLICITY
No endorsement by the City of Palm Beach Gardens of the product and/or service will be used
by Seller in any way, manner or form in product literature or advertising.
QUANTITIES
Quantities specified in the order cannot be changed without Buyer’s prior written approval.
Goods shipped in excess of quantity designated may be returned at Seller’s expense.
REPRESENTATIVES
All parties to this order agree that the representatives named herein are, in fact, bona fide and
possess full and complete authority to bind said parties.
RESPONSIBILITY
Responsibility will not be accepted for any goods delivered or services performed unless covered
by a duly authorized City of Palm Beach Gardens purchase order.
TAX
The City of Palm Beach Gardens is exempt from Federal and State taxes for tangible personal
property. Sellers doing business with the City of Palm Beach Gardens shall not be exempt from
paying sales tax to their suppliers for materials to fulfill contractual obligations with the City of
Palm Beach Gardens, nor shall any Seller be authorized to use the City of Palm Beach Gardens’
Tax Exemption Number in securing such materials.
TERMINATION
Buyer reserves the right to terminate this order in whole or in part for default (a) if Seller fails to
perform in accordance with any of the requirements of this order or (b) if Seller becomes insolvent
or suspends any of its operations or if any petition is filed of proceeding commenced by or against
Seller under any State or Federal law relating to bankruptcy, arrangement, reorganization,
receivership or assignment for the benefit of creditors. Any such termination will be without
liability to Buyer except for completed items delivered and accepted by the City of Palm Beach
Gardens. Seller will be liable for excess cost of re-procurement.
TERMS
By accepting this order, the Seller agrees that payment terms shall be in accord with the Florida
Prompt Payment Act, Florida Statute 218.70, et seq.
UNACCEPTABLE TERMS
No provision of Vendor’s agreement to supply the ordered goods, equipment, or materials shall
in any way limit Vendor’s liability for damages caused by defects in the materials incorporated
in, nor the design or manufacture of, Vendor’s equipment, goods, or materials. Vendor’s
agreement shall not include any provision requiring the City of Palm Beach Gardens to pay
Vendor’s reasonable attorney’s fees in any dispute or claim arising out of this purchase order.
2002-01 7 Page 7 of 8 Sales Tax Information
UNIFORM COMMERCIAL CODE
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for
contractual obligations between the Seller and City of Palm Beach Gardens for any terms and
conditions not specifically stated in this order.
VENUE
Any and all legal actions arising from or necessary to enforce this contract will be held in Palm
Beach County, Florida and the service of process and interpretation of contractual obligation shall
be in accordance with the laws of the State of Florida.
WARRANTY
Vendor acknowledges that the materials being ordered are for incorporation into a construction
project being built for the City of Palm Beach Gardens pursuant to a contract with a construction
contractor. Vendor agrees that it shall warrant its goods, equipment, or materials being ordered
herein in compliance with Vendor’s normal warranties, or in compliance with the warranty
provisions of the construction contract, the terms of which are incorporated herein, whichever
warranty provides the City of Palm Beach Gardens with the greatest protection.
2004-012 Page 8 of 8 Sales Tax Information
PROPOSAL CHECK LIST
YES- NO- 1. Special Instructions to Proposers
YES- NO- 2. ProposalBond
YES- NO- 3. Proposal Submittal - One (1) original and five (5) copies, signed by authorized Representative
YES- NO- 4. Non-Collusion Clause
YES- NO- 5. Recycled Content Information
YES- NO- 6. Schedule of Equipment and Materials
YES- NO- 7. Schedule of Professional Services Consultants
YES- NO- 8. Schedule of Subcontractors Participation
YES- NO- 9. Drug Free Workplace form
YES- NO- 10. Trench Safety Affidavit
YES- NO- 11. Questionnaire
YES- NO- 12. References
YES- NO- 13. Exhibit “B” - Price Schedule
YES- NO- 14. Exhibit “C” - Proposed Wage Rates
YES- NO- 15. Copy of Appropriate Licenses
YES- NO- 16. Insurance Certificates
2002-017 Page 1 of 1 Proposal Checklist
SPECIAL INSTRUCTIONS TO PROPOSERS
PROPOSAL TENDER FORM SHALL BE COMPLETED and submitted with the proposals
where applicable.
PROPOSAL/TENDER FORM Submitted:
City of Palm Beach Gardens
Director of Construction Services
10500 North Military Trail
Palm Beach Gardens, FL 33410
The undersigned, as Proposer, hereby declares that the only persons interested in this proposal as
principal are named herein and that no person other than herein mentioned has any interest in this
proposal or in the Contract to be entered into; that this proposal is made without connection with
any other person, firm, or parties malung a proposal; and that it is, in all respects, made fairly and
in good faith without collusion or fraud.
The Proposer further declares that he, she or it has examined the site of the work and informed
himself, herself or itself fully of all conditions pertaining to the place where the work is to be
done; that he, she or it has examined this Agreement all addenda thereto furnished before the
opening of the proposal, as acknowledged below; and that he, she or it has satisfied himself,
herself or itself about the work to be performed and that he, she or it has submitted the required
Proposal Guaranty forms and all other required information and forms with the proposal.
The Proposer further declares that neither he, she or it nor his, her or its representative or agent(s)
have had any contact, conversations, nor have they submitted any material or information to or
with any members of City Council regarding this Proposal process.
The Proposer agrees, if this proposal is accepted, to contract with City of Palm Beach Gardens, a
political subdivision of the State of Florida, to furnish all necessary materials, equipment,
machinery, tools, apparatus, means of transportation, and all labor necessary to design and
construct the Sandhill Crane Access Park within the time limits specified by this Agreement.
The Proposer also agrees to furnish the required Performance Bond and Payment Bond for not
less than the total proposal price, and to furnish the required Certificate(s) of Insurance. The
undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if he, she
or it fails to execute said Contract, or fails to furnish the required Performance and Payment Bond
within 15 calendar days after being notified of the award of the Contract, or fails to furnish
required insurance certificates within 15 days of being notified of intent to award.
In the event of arithmetical errors, the Proposer agrees that these errors are errors, which may be
corrected by the City.
The Proposer certifies that no principals or corporate officers of the firm were principals or
corporate officers in another firm at the time such other firm was suspended within the last two
years from doing business with City; except as stated below:
2002-017 Page 1 of2 Special Instructions to Proposers
Acknowledgment is hereby made of the following addenda (identified by number) received since
issuance of the Proposal:
Attached is a Bid Bond 0, Cash 0, Money Order El, Irrevocable Letter of Credit 0, Treasurer’s
Check 0, Bank Draft 0, Cashier’s Check 0, or Certified Check 0, Bank of
Dollars ( ). The Proposer shall
for the sum
acknowledge this proposal by signing and completing the space provided below:
Name of Proposer
Cityistatelzip
Telephone No. Federal ID No.
Dunn & Bradstreet No. (If Applicable)
If a partnership, name and addresses of partners:
Sign below if not Incorporated.
WITNESSES: PROPOSER
Sign below if Incorporated.
ATTEST:
~~ ~~
Signature
(Type or print name signed above)
PROPOSER
Signature and Title
(Type or print name signed above)
Incorporated under the laws of the State of
2002-01 7 Page 2 of 2 Special Instructions to Proposers
GENERAL INFORMATION AND INSTRUCTIONS FOR PROPOSER
GENERAL INFORMATION
These pages constitute the Proposal Documents. Complete sets of Proposal Documents shall be used in
preparing ProposalsProposals. The City does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Proposal Documents. The Proposal
page(s) is to be filled in, signed, and the entire document sealed in an envelope bearing the Proposal
number on the outside and mailed or presented to the Using Department on or before the specified time
and date.
It is the sole responsibility of the Proposer to ensure that his, her or its Proposal reaches the City Clerk’s
Office on or before the closing date and time. The City shall in no way be responsible for delays caused
by any other occurrence. Offers by telephone, telegram, or facsimile will not be accepted.
The Proposal time must be and shall be scrupulously observed. Under no circumstances shall Proposals
delivered after the time specified be considered. Such Proposals will be returned to the vendor unopened.
All Proposals must be typewritten or filled in with pen and ink.
All Proposals must be submitted - one (1) original and five (5) copies
All corrections made by Proposer to a Proposal price must be initialed.
Proposer shall not be allowed to modify their Proposals after the opening time and date. Proposal files
may be examined during normal worlung hours, after Proposal opening, by appointment.
The submission of a Proposal shall constitute an incontrovertible representation by the Proposer that the
Proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms
and conditions for performance.
For information concerning this Proposal, please contact:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
56 1-799-412 1
DEPOSIT FOR PROPOSAL DOCUMENTS
Copies of the Proposal Documents may be obtained for a non-refundable fee of $25.00 from the City
Clerk’s Office, City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, Florida.
PROPOSAL SECURITY /BONDS
All Proposals must be accompanied by a Proposal bond of 10% of the total Proposal, to be in the form of
a Proposal Bond or Cashier’s Check, made payable to the City of Palm Beach Gardens; a bond written by
a surety company authorized to do business in the State of Florida and shall comply with State Statute
287.0935 and all other applicable Florida laws as a guarantee that the proposer, if awarded the contract,
will within fifteen (15) consecutive calendar days after being notified of the award, enter into a contract
with the City of Palm Beach Gardens in accordance with the specifications. The bond, if in the form of a
2002-017 1 of8 General Information / Instructions for Proposers
Cashier's Check, of all unsuccessful proposers will be returned after Proposal award. A Performance and
Payment Bond for 100% of the total contract will be required of the successful proposer.
DOCUMENTATION
Failure to provide the required documentation and information with the Proposal submitted shall make
the Proposer non-responsive unless the City, in its sole discretion and in the best interest of the City,
determines the acceptability of the materials and Design/Build services offered through documentation
and information available within the City as of the date and time of Proposal opening.
VARIANCES
The Proposer shall be responsible for reading very carefully, and understanding completely, the
requirements and the Specifications for the Contract being proposed. For purposes of Proposal
evaluation, Proposer must indicate any variances to the Specifications, terms, and conditions, no matter
how slight. If variations are not stated in the Proposal, it shall be construed that the Proposal fully
complies with the Specifications, terms, and conditions as given herein.
MATERIALS
All materials supplied by the Design/Build Firm under the provisions of this Proposal shall be new
materials of the kind and character called for in the plans. Defective equipment or material damaged in
the course of installation or tests shall be replaced or repaired in a manner satisfactory to the Owner/City.
All materials and equipment to be furnished under this Proposal shall be the standard product of a
manufacturer regularly engaged in the production of such material and shall be the manufacturer's current
standard design meeting all specifications in the contract documents.
COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT
The Proposer certifies that all equipment and materials contained in this Proposal meets all O.S.H.A.
requirements. Proposer further certifies that, if he is the successful Proposer, and the equipment and
materials delivered are subsequently found to be deficient in any 0.S.H.A requirements in effect on date
of delivery, all costs necessary to bring the equipment and materials into compliance with the
aforementioned requirements shall be borne by the Proposer.
ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the Proposal response shall be evaluated or considered
and any and all such additional terms and conditions shall have no force and effect and are inapplicable to
this Proposal, whether submitted either purposely through intent or design or inadvertently appearing
separately in transmittal letters, Specifications, literature, price lists or warranties. It is understood and
agreed the general and special conditions in this Proposal solicitation are the only conditions applicable to
this Proposal and the Proposer's authorized signature affixed to the Proposal form attests to this.
PROPOSAL FORMS
All Proposals must be submitted on the standard Proposal forms provided. Proposals submitted on
vendor quotation forms will not be accepted. In filling out Proposal forms, Proposer shall be governed by
the following provisions:
(a) Proposal submittals must be made on the blank forms provided herewith. The blank spaces in the
Proposal form must be filled in, regardless of whether quantities are shown, and no change shall
be made either in the phraseology of or in the items mentioned in the Proposal form.
(b) Each Proposal form shall specify a unit price written with ink in figures for each of the separate
items as called for, except when the Proposal is called for on a lump sum basis. Lump sum
Proposals shall be shown in figures.
2002-017 2of8 General Information / Instructions for Proposers
(c) Any Proposal submittal, which does not contain prices set opposite each of the items for which
there is a blank space, will be cause for rejection. Any items not proposed upon shall be indicated
“NO PROPOSAL” in place of the price. Any Proposal, which in any manner fails to conform to
the conditions of the published notice, will be cause for rejection.
(d) Proposals must be signed in ink by the Proposer with the signature in full.
(e) In the event of extension error(s), the unit price will prevail and the Proposer’s total offer will be
corrected accordingly. In the event of addition errors, the extended totals will prevail and the
Proposer’s total will be corrected accordingly. If there is a conflict, words take precedence over
figures.
(0 Proposals that contain any omission, erasure, alteration, addition, or item not called for, or that
show irregularities of any kind, will be considered as informal or irregular. This may be cause for
the rejection of the Proposal.
(g) If a Proposer wishes to change unit prices prior to Proposal submission, they shall strike the unit
price and add the changes in the appropriate space. Changes shall be initialed by the person
submitting the Proposal. Any changes or alteration of unit prices in the Proposal must be
initialed. Failure to initial these changes or illegible enlmes of corrections or unit prices will be
cause for the rejection of the Proposal as informal or irregular.
PROPOSAL COPIES
Each Professional who wishes to respond to the Invitation to Proposal is required to submit one (1)
original and five (5) copies of his Proposal.
VENDOR SERVICE REPRESENTATIVE
The Proposer must submit with his Proposal the name, address, and phone number of the person(s) to be
contacted for the placement of an order and the coordination of service. A contact for both regular work-
hours and after-hours, weekends, and holidays must be submitted with Proposal.
REFERENCES
Please provide a list of three (3) references of similar projects satisfactorily performed within the past five
years. References must be submitted in form provided.
SIGNATURE ON PROPOSAL
Proposal must be signed correctly. If the Proposal is made by an individual, his name and post office
address shall be shown. If made by a firm or partnership, the name and post office address of each
member of the firm or partnership shall be shown. If made by a corporation, the person signing the
Proposal shall show the name of the State under the laws, of which the corporation was chartered, as well
as the names and business addresses of its president, secretary, and treasurer. The Proposal shall bear the
seal of the corporation attested by the secretary. Anyone signing the Proposal as agent shall file along
with the Proposal legal evidence of authority to do so.
PROPOSAL WITHDRAWAL
Any Proposal may be withdrawn up until the time set for opening of the Proposals. Any Proposals not so
withdrawn shall, upon opening, constitute an irrevocable offer to sell to the City the Desifluild
services set forth in the attached Specifications until one or more of the Proposals have been duly
accepted by the City.
2002-017 3of8 General Information / Instructions for Proposers
If, within twenty-four hours after Proposals are opened, any Proposer files a duly signed written notice
with the City and promptly demonstrates to the reasonable satisfaction of the City that there was a
material and substantial mistake in the preparation of his Proposal, that Proposer may withdraw his
Proposal. Thereafter, that Proposer will be disqualified from any further participation in the Proposal
from which the Proposer withdrew.
COMPETENCY OF PROPOSER
Pre-award inspection of the Proposerk facility may be made prior to award of Contract. Proposals will be
considered only from firms which are regularly engaged in the business of providing the Design/Build
services as described in this Invitation to Proposal and who can produce evidence that they have
established a satisfactory record of performance for a reasonable period of time; have sufficient financial
support, sufficient delivery equipment and organization to insure that they can satisfactorily perform the
Design/Build services if awarded a Contract under the terms and conditions herein stated. The term
"equipment and organization" as used herein shall be construed to mean a fully equipped and well-
established company in line with the best business practices in the industry and as determined by the
proper authorities of the City.
DISQUALIFICATION OF PROPOSER
The following causes will be considered sufficient to disqualify any Proposer, and no Proposals from
disqualified Proposer will be considered:
a) Interest by the same person in more than one Proposal.
b) Collusion among or between Proposer.
c) Unbalanced Proposals; that is, Proposals in which the prices Proposal for some items are out of
all proportion to the Proposals from others.
d) Lack of responsibility on the part of Proposer, (for example, no Proposer would be considered
responsible who had failed to carry out any Contract in which the City had been directly or
indirectly concerned).
e) Lack of experience or capital on the part of Proposer. Evidence of experience, ability, and
financial standing, as well as a statement regarding plant and machinery available may be
required of any or all Proposer.
f) Substantial evidence of bad character or dishonesty.
QUALIFICATION OF PROPOSERS
The City reserves the right to request a proposer under consideration for award to furnish a confidential
certified financial statement, current within the past quarter, which must be a complete report of the
financial resources and liabilities.
RESPONSIVE AND RESPONSIBLE PROPOSER
Only those Proposers considered both responsive and responsible shall be considered for award of a
Contract by the City. A responsive Proposer shall be a person, firm, partnership, or corporation who has
submitted a Proposal, which conforms in all material respects to the specifications and requirements of
the Proposal Document. A responsible Proposer shall be a person, firm, partnership or corporation who
has the capability in all respects to perform fully the Contract requirements and has the integrity and
reliability, which will assure good faith performance.
2002-017 4of8 General Information / Instructions for Proposers
EXPIRATION OF PROPOSALS
The City reserves the right to hold all Proposals for a period not to exceed one hundred twenty (120) days
after the date of Proposal opening stated in the Request for Proposal.
AWARD
The award of the Proposal, if it is awarded, will be to the lowest responsive and responsible Proposer
whose qualifications indicate the award will be to the best interest of the City and whose Proposal shall
comply with the requirements of the Proposal Documents, or as otherwise provided in these Proposal
documents .
The City reserves the right to make an award in the best interest of the City. Such award may not
necessarily be given to the lowest Proposal offered.
In no case will the award be made until all necessary investigations have been made into the
responsibility of the Proposer and the City is satisfied that the Proposer is qualified to provide the
Design/Build services and have the necessary organization, capital and equipment to carry out the
provisions of the Contract to the satisfaction of the City.
No Proposal will be accepted from, nor will any Contract be awarded to any person or firm which is in
arrears to the City upon any debt or Contract or which is a defaulter as surety or otherwise upon any
obligation to the City or who has failed to perform faithfully any previous Contract with the City.
ACCEPTANCE/REJECTION
The City of Palm Beach Gardens reserves the right to reject any and all Proposals with or without cause;
to waive any or all irregularities or informalities with regard to the specifications of the Proposal or
Award and to make the award to the firm offering the greatest advantage to the City.
NON-COLLUSION
Proposer certifies that this Proposal is made without prior understanding, agreement, or connection with
any corporation, firm, or person submitting a Proposal for the same materials, services, supplies, or
equipment and is in all respects fair and without collusion or fraud.
No premiums, rebates, or gratuities are permitted, with, prior to, or after any delivery of material or
provision of services. Any violation of this provision may result in Contract cancellation, return of
materials or discontinuation of services, and the possible removal from the vendor Proposal list(s).
CODE OF ETHICS
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 fiom 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 Proposing on any future ProposalsProposals 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 North Military Trail, Palm Beach Gardens FL 33410.
INSPECTION OF WORK
It is the Proposer’s responsibility to become fully informed as to the nature and extent of the work
required and its relation to any other work in the area, including possible interference form other site
activities. Failure to visually inspect the area will in no way relieve the awarded Proposer from any
responsibilities associated with completing the job.
2002-017 5of8 General Information / Instructions for Proposers
EXAMINATION OF SITE AND CONTRACT DOCUMENTS
The Proposer is required, before submitting their Proposal, to visit the project site and familiarize
themselves with the nature and extent of the work and any local conditions that may in any manner affect
the project and the equipment, materials and labor required.
CONFLICT OF INTEREST
The award is subject to provisions of State Statutes and City applicable policies and ordinance. 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 Proposer 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.
PROPOSAL TABULATIONS
Proposal tabulations will be posted for review at the offices of the City Clerk, 10500 North Military Trail,
Palm Beach Gardens, Florida, and will remain posted for a period of 72 hours. Proposal tabulations will
be furnished upon written request with an enclosed, self-addressed, stamped envelope. Proposal
tabulations will not be provided by telephone.
FLORIDA PUBLIC RECORDS ACT AND CONTRACT CONTENTS OWNERSHIP
All material submitted regarding this Proposal becomes the property of the City. Proposals may be
reviewed by any person ten (1 0) days after the public opening. Proposer 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 infonnation/material submitted in response to this Proposal and/or
any resulting contract from same. Disqualification of a Proposer does not eliminate this right.
DISPUTES
The City Clerk shall post a tabulation of the proposal and intended award recommendations. Posting shall
be in the office of the City Clerk and shall be on display for public viewing
Any actual or prospective Proposer 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 5:OO p.m. Protests shall contain the name, address and
telephone 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 fkom 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 Proposal
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 the administrative remedies have been exhausted or until the City Manager
determines that, the award of the Proposal/contract without delay is necessary to protect the public health,
welfare, or safety.
FAILURE TO EXECUTE CONTRACT
The successful Proposer shall promptly execute the Contract within fifteen (15) calendar days from
notification of award by the City. In the event the successful Proposer fails to execute the Contract and
2002-017 6of8 General Information / Instructions for Proposers
return same to the City within the stipulated fifteen (15) days, the City may disqualify the Proposal, and
said Proposer shall not be permitted to contest to the contrary and does waive such right upon submitting
a Proposal.
INTERPRETATIONS, CLARIFICATIONS AND ADDENDA
No oral interpretations will be made to any Proposer as to the meaning of the Proposal documents. Any
inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of
Proposals will be given consideration. All such changes and interpretations will be made in writing in the
form of an addendum and, if issued, will be mailed or sent by available means to all known prospective
Proposer prior to the established Proposal opening date. Submission of a Proposal constitutes
acknowledgment by the Proposer of the receipt of Addenda. All Addenda are a part of the Proposal
documents and each Proposer will be bound by such Addenda, whether or not received by him. It is the
responsibility of each Proposer to verify that he has received all Addenda issued before Proposals are
opened. No authorization is allowed by City personnel to interpret, or give information as to Proposal
requirements in addition to that, which is contained in the written Proposal document and Addenda.
DRUG FREE WORKPLACE PROGRAMS
Preference shall be given to business with Drug-Free Work Place programs. Whenever two or more
Proposals, which are equal with respect to price, quality, and service, are received by the City for the
procurement of commodities or Desifluild services, a Proposal received from a business that
completes the attached DFW form certifying that it is a DFW shall be given preference in the award
process.
EEO STATEMENT
The City is committed to assuring equal opportunity in the award of contracts and, therefore, complies
with all laws prohibiting discrimination on the basis of race, color, religion, nation origin, age and sex.
LICENSES, PERMITS, AND CERTIFICATION
It shall be the responsibility of the Desifluild Firm to obtain at no additional cost to the City any and
all licenses and permits required to complete this Contractual service.
When applicable, vendor must hold a Certificate of Competency issued by the State of Florida andor the
Palm Beach County Construction Industry Licensing Board.
An Occupational License obtained from the City of Palm Beach Gardens shall be required of any person
maintaining a permanent business location or branch office within the City of Palm Beach Gardens.
Applications and fee schedules may be obtained from the City of Palm Beach Gardens Code Enforcement
Department, 10500 North Military Trail, Palm Beach Gardens, FL 33410. Call the Code Enforcement
office at 56 1-799-4267 for assistance and additional information.
A copy of any licenses and permits shall be submitted with the Proposal and must be in the name of the
vendor shown on the Proposal submittal.
PRE-CONSTRUCTION MEETING
A mandatory pre-construction meeting shall be held prior to the start of this project. The condition of the
surrounding buildings and related grounds areas shall be recorded. The DesigdBuild firm shall be
responsible for the correction andor repair of any additional damage to the facilities resulting from the
related work, exclusive of the conditions noted at the pre-commencement meeting.
2002-017 7of8 General Information / Instructions for Proposers
PREPARATION EXPENSE
Neither the City nor its representatives will be liable for any expenses incurred in connection with the
preparation of any Proposal.
QUANTITIES
In the case of unit price items, the quantities of materials to be furnished under this Contract, as given in
the Proposal, are to be considered as approximate only and are to be used solely for the comparison of
Proposals received. The City does not expressly or by implication represent that the actual quantities
involved will correspond exactly therewith; nor shall the Proposer plead misunderstanding or deception
because of such estimate or quantities. Payment to the Design/Build Firm will be made only for the
actual quantities of material furnished in accordance with the Contract Documents, and it is understood
that the quantities may be increased or diminished as provided in the General Conditions without in any
way invalidating any of the unit prices Proposal.
2002-017 8of8 General Information / Instructions for Proposers
PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, that we
as Principal, hereinafter called the Principal, and
a corporation duly organized under the laws of the State of as Surety,
hereinafter called the Surety, are held and firmly bound unto City of Palm Beach Gardens, 10500 North
Military Trail, Palm Beach Gardens, FL 33410.
as Obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) of amount proposal for the
payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, fdy by these presents.
WHEREAS, the said Principal has submitted a Proposal for Sandhill Crane Access Park.
NOW, THEREFORE, if the Obligee shall accept the Proposal of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such Proposal, and give such bond or
bonds as may be specified in the Proposal or Contract Documents with good and sufficient surety for the
faithful performance of such Contract and for the prompt payment of labor and material hished in the
prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond
or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between
the amount specified in said Proposal and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said Proposal, then this obligation shall be null
and void, otherwise to remain in full force and effect.
Signed and sealed
Witnesses:
Seal
Seal
By:
2002-017 Page 1 of 1 Proposal Bond
PROPOSAL SUBMITTAL
To: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 3341 0
(Vendor)
agrees to supply the Sandhill Crane Access Park 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 services and facilities 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 120 days after the date of Proposal opening stated in the Request for Proposal.
The undersigned accepts the invoicing and payment policies specified in the Proposal.
Upon award of this Proposal the Owner and Desifluild Firm 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 Desifluild Firm, by signing the Proposal Submittal pages, acknowledges and agrees to abide by all
the terms, conditions and specifications contained in this Proposal Document,
2002-017 Page 1 of 5 Proposal Submittal
Cost of Proiect
In accordance with Special Instructions to Proposers including addendum and all attachments,
Proposer agrees to provide labor, materials, equipment, service and incidentals to deliver and
turn over to the CITY a DESIGNBUILD project for Sandhill Crane Access Park, including all
appurtenances for the following price:
ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL
/ UNIT (numbers) (numbers)
1.
1 L.S.
not limited to, all architectural,
engineering, and landscape
architectural services)
2.
1 L.S.
not limited to, all structural,
electrical, mechanical, plumbing,
lighting, site work, restoration,
fixtures, landscaping and irrigation)
3. a. Actual Cost of Project 1 L.S. n/a
(includes 1 and 2)
b. Factor for General Conditions %
c. Factor for Overhead %
d. Factor for Profit %
TOTAL MAXIMUM LUMP SUM COST FOR PROPOSAL
(includes 3a, 3b, 3c, and 3d)
Alternate Proposal Items:
1.
2.
3.
4.
2002-01 7
ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL
/UNIT (numbers) (numbers)
1 L.S.
1 L.S.
1 L.S.
1 L.S.
Page 2 of 5 Proposal Submittal
List of Direct Purchase Materials and Equipment:
ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL
I UNIT (numbers) (numbers)
Completion Time
Proposer agrees to
and Certificate of
substantially complete the project, including design, permitting, construction,
Occupancy within _150 calendar days from the Project Initiation Date
specified in the Notice to Proceed. Final completion will be 165 calendar days from the Project
Initiation Date specified in the Notice to Proceed.
Design-Build Firm understands that the total maximum lump sum cost above is a maximum.
Design Build Firm will be required to provide final wage sheets, invoices, and all other
necessary documents to show the actual cost of this project. The City will then utilize the %
factors for general conditions, overhead & profit to determine the final total lump sum to be paid
for the project but not to exceed the maximum total lump sum cost shown above.
Name of DesigdBuilder:
Print Name
*Design Build Firm shall include sufficient preliminary drawings and project approach for the Committee to analyze
during proposal review.
2002-01 7 Page 3 of 5 Proposal Submittal
PROPOSAL SUBMITTAL
Accompanying this Proposal is a certified or cashier5 check or a Proposal bond in the amount of
(not less than 10% of the base Proposal) made
payable to: City of Palm Beach Gardens, which is to be forfeited as liquidated damages, if, in the event
this Proposal is accepted, the undersigned fails to execute the agreement and furnish and pay for
satisfactory performance and payment bonds under the conditions and within the time specified in the
Proposal; otherwise said certified or cashier's check or Proposal bond is to be returned to the undersigned.
The undersigned agrees that within fifteen (15) days from the date of acceptance of this Proposal, to
execute the agreement and furnish and pay for satisfactory performance and payment bonds, in the full
amount of the Contract Price and recorded in the Public Records of Palm Beach County, guaranteeing the
faithful performance of the work and payment of bills. Bonds shall be written by a Surety Company,
acceptable to the Owner, licensed to do business in the State of Florida, and listed in the Department of
Treasury Federal Register. A Florida resident agent shall countersign all bonds.
The undersigned also agrees to have the project completed, approved, and ready for final payment within
165 days after the Contract Time commences to run.
The undersigned further agrees to reimburse the Owner, as liquidated damages for each calendar day
elapsing between the dates herein specified in accordance with Section 6.2, Page 7 of 37 of the Design
Build Agreement.
Dated this day of ,2005
By:
Print name:
Address:
Telephone: Fax:
Taxpayer Identification Number:
State Under Which Corporation Was Chartered:
Corporate President: (Print Name)
Corporate Secretary: (Print Name)
Corporate Treasurer: (Print Name)
ATTEST
By:
Secretary
CORPORATE SEAL
Proposer acknowledges the receipt of Addenda N0.k
2002-01 7 Page 4 of 5 Proposal Submittal
VENDOR SERVICE REPRESENTATIVE
(REGULAR WORK HOURS):
Telephone:
Cellular:
Fax:
Nextel:
VENDOR SERVICE REPRESENTATIVE
(AFTER WORK HOURS, WEEKEND & HOLIDAYS):
Name:
Address:
Telephone: Fax:
Cellular: Nextel:
2002-01 7 Page 5 of 5 Proposal Submittal
NON-COLLUSION CLAUSE
By signing this offer, the Proposer certifies that this offer is made independently and free from
collusion. Proposer shall disclose below, to the best of his, her or its knowledge, any City of
Palm Beach Gardens officer or employee, or any relative of any such officers or employee as
defined in Section 112.3135(1)(~), F.S. (1989), who is an officer or director of, or has a material
interest in the Proposer’s business and who is in a position to influence this procurement. Any
City of Palm Beach Gardens officer or employee who has any input into the writing of
specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or
any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a
position to influence this procurement. For purposes hereof, a person has a material interest if he
or she directly or indirectly owns more than 5 percent of the total assets or capital stock of any
business entity, or if he or she otherwise stands to personally gain if the contract is awarded to
this Proposer.
Failure of a Proposer to disclose any relationship described herein shall be reason for debarment
in accordance with the provisions of the City of Palm Beach Gardens Procurement Code and/or
policies and procedures.
Name Relationships
If the Proposer does not indicate any relationship by leaving the above section blank it shall be
deemed to be an affirmation by the Proposer that no such relationship exists.
2002-01 7 Page 1 of 1 Non-Collusion Clause
RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law, proposers are encouraged to supply with their
proposal, any information available regarding recycled material content in the product proposal. The
CITY is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal,
etc.); and the percentage of recycled material contained in the project. The CITY also requests
information regarding any known or potential material content in the product that may be extracted and
recycled after the product has served its intended purpose.
RECYCLED CONTENT INFORMATION
1. Is the material in the above: 0 Virgin or 0 Recycled. If recycled, what percentage -%.
Product Description:
2. Is your product packaged and/or shipped in material containing recycled content? 0 Yes 0 No
Specify
3. Is your product recyclable after it has reached its intended end use? 0 Yes 0 No
Specify
The above is not applicable if there is only a personal service involved with no product involvement.
2002-017 Page 1 of 1 Recycled Content Information
SCHEDULE OF EQUIPMENT AND MATERIALS*
Item Manufacturer
*Complete submittal with vendor information or brochures for review.
2002-01 7 Page 1 of 1 Schedule of Equipment and Materials
SCHEDULE OF PROFESSIONAL SERVICES CONSULTANTS
As specified in the Terms and Conditions of this Proposal Document, Bidders are to present the details of
Consultants participation.
ADDRESS
CITY, STATE, ZIP CONSULTANT NAME rn TYPE OF WORK TO BE
PERFORMED
2002-01 7 Page 1 of 1 Schedule of Professional Services Consultants
A
SCHEDULE OF SUBCONTRACTORS PARTICIPATION
As specified in the Terms and Conditions of this Proposal Document, Bidders are to present the details of
subcontractor participation.
ADDRESS TYPE OF WORK TO BE
CITY, STATE, ZIP PERFORMED SUBCONTRACTOR NAME
2002-01 7 Page 1 of 1 Schedule of Subcontractor’s Participation
DRUG FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more Proposals which are equal with respect to price, quality, and service are received by the City
for the procurement of commodities or DesigdBuild services, a Proposal 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 Proposals 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. Publish a statement noti@ng 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.
2. 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.
3. Give each employee engaged in providing the commodities or Desiguild services that
are under Proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (I), notifjr the employees that, as a condition of
working on the commodities or Desiduild services that are under Proposal, 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.
5. 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.
6. 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.
Corporation's Name
2002-017
Signature
Print Name:
Page 1 of 1 Drug Free Workplace
TRENCH SAFETY AFFIDAVIT
(FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE PROPOSAL BEING DECLARED
NON-RESPONSIVE)
(NAME OF DESIGN-BUILD FIRM)
hereby provides written assurance that compliance with applicable Trench Safety Standards identified in
the Occupational Safety and Health Administration’s Excavation Safety Standards. (OSHA) 29 C.F.R.S.
1926.650 Subpart P will be adhered to during trench excavation in accordance with Florida Statues
553.60 through 533.64 inclusive (1 990), “Trench Safety Act”.
The undersigned acknowledges that included in the various items of the proposal and in the Total
Proposal Price are costs for complying with the Florida “Trench Safety Act” as summarized below:
(attach additional sheets as necessary)
Schedule Item I Trench Safety Measure (Slope, Trench Shield, etc.) cost
lg:
$
$
$
$
$
Total $
Signature Date
STATE OF
COUNTY OF
Subscribed and Sworn to (or affirmed) before me on this day of . He/she is by personally known to me or has presented as identification.
Notary Public Signature and Seal
Print Notary Name and Commission No.
2002-017 Page 1 of 1 Trench Safety Affidavit
QUESTIONNAIRE
Shall be completed and submitted in Envelope with the Proposal, but is required prior to
evaluation.
By submission of this proposal, proposer guarantees the truth and accuracy of all statements and
answers herein contained.
1. How many years has your organization been in business?
2. What is the last project of this nature that you have completed?
3.
4.
5.
6.
7.
~~~~
Have you ever failed to complete work awarded to you? If so, where and why?
Name three individuals or corporations for which you have performed work and to which
you refer:
Name Address Phone Fax
Name Address Phone Fax
Name Address Phone Fax
List the following information concerning all contracts in progress as of the date of
submission of this Proposal. (In case of co-venture, list the information for all co-
venturers.)
Total Contracted % of
Value Completion to Date
Name of Project Owner Contract Date of Completion
Has the Proposer or his or her representative inspected the proposed project and does the
Proposer have a complete plan for its performance?
Will you subcontract any part of this work? If so, give details including a list of each
subcontractor(s) that will perform work in excess of the percent (10Y0) of the contract
amount and the work that will be performed by each subcontractor(s).
Subcontractor Work to be Performed
I
2002-0 17 Page 1 of3 Questionnaire
8. What equipment do you own that is available for the work?
9.
10.
11.
12.
What equipment will you purchase for the proposed work?
What equipment will you rent for the proposed work?
State the name of your proposed project manager and give details of his or her
qualifications and experience in managing similar jobs.
State the true, exact, correct and complete name of the partnership, corporation or trade
name under which you do business and the address of the place of business. (If a
corporation, state the name of the president and secretary. If a partnership, state the
names of all partners. If a trade name, state the names of the individuals who do
businesses under the trade name.
12.1
12.2
12.3
12.4
12.5
The correct name of the Proposer is
The partnership is a 0 Sole Proprietorship, 0 Partnership, 0 Corporation or 0 Limited Liability Company.
The address of principal place of business is
The names of the Corporate Officers, or Partners, or Individuals doing business
under a trade name. are as follows:
List all organizations which were predecessors to Proposer or in which the
principals or officers of the Proposer were principals or officers.
2002-0 17 Page 2 of 3 Questionnaire
12.6 List and describe all bankruptcy petitions (Voluntary or Involuntary) which have
been filed by or against the Proposer, its parent or subsidiaries or predecessor
organizations during the past five (5) years. Include in the description the
disposition of each such petition.
12.7 List and describe all successhl Performance or Payment Bond claims made to
your surety(ies) during the last five (5) years. The list and descriptions should
include claims against the bond of the Proposer and its predecessor
organization( s).
12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or
against the Proposer or its predecessor organization(s) during the last five (5)
years. The list shall include all case names; case, arbitration or hearing
identification numbers; the name of the project over which the dispute arose; and
a description of the subject matter of the dispute.
12.9 List and describe all criminal proceedings or hearings concerning business
related offenses in which the Proposer, its principals or officers or predecessor
organization (s) were defendants.
12.10 Has the Proposer, its principals, officers or predecessor organization(s) been
debarred or suspended from Proposing by any government during the last five (5)
years? If yes, provide details.
12.11 List and disclose any and all business relations with any members of the City
Council.
2002-0 17 Page 3 of 3 Questionnaire
REFERENCES
As specified in the Standard Terms and Conditions of this Proposal Document, Proposer are to present the
details of a minimum of three (3) references of similar work. (Additional references may be submitted on a
separate sheet)
COMPANY NAME AND
CONTACT NAME
1.
3.
4.
ADDRESS CITY, STATE, ZIP
PHONE & FAX NUMBER
PHONE:
FAX:
PHONE:
FAX:
PHONE:
FAX:
PHONE:
FAX:
2002-017 Page 1 of 1 References
Agreement 2002-017
AGREEMENT
between
CITY OF PALM BEACH GARDENS
and
for
DESIGN/BUILD SERVICES
for
SANDHILL CRANE ACCESS PARK
CITY PROJECT NUMBER 2002-017
Page 1 of 34
This is an Agreement between the CITY OF PALM BEACH GARDENS, a Florida municipal
corporation, its successors, and assigns, hereinafter referred to as “CITY,” through its City Council
AND
, a Florida corporation, its
successors, and assigns, hereinafter referred to as “DESIGN/BUILDER.”
W I T N E S S E T H, in consideration of the mutual terms and conditions, promises, covenants
and payments hereinafter set forth, CITY and DESIGNBUILDER agree as follows:
ARTICLE 1
DEFINITIONS
For the purposes of this Agreement and the various covenants, conditions, terms, and provisions, which
follow, the DEFINITIONS set forth below are assumed to be true and correct and are agreed upon by the parties.
1.1 CHANGE ORDER: A written document ordering a change in the contract price or time or a
material change in the work issued subsequent to this Agreement, as determined by the PROJECT MANAGER.
1.2 CONSULTANT: A registered architect, professional engineer, professional land surveyor, civil
engineer, and/or registered landscape architect who has contracted with or who is employed by
DESIGNBUILDER to provide professional services for the design of the Project and who is licensed by the State
of Florida to provide said services.
1.3 CONTRACT: This Agreement between CITY and DESIGNBUILDER for this Project, all as
defined herein. As used herein, the term Contract shall mean the same as Agreement.
1.4 CONTRACT DOCUMENTS: DESIGNBUILDER’S proposal including plans, specifications,
drawings and/or other written or graphic materials which are to be developed by the Consultant as part of the
record of this Agreement, this Agreement, the performance and payment bond, the design documents, the
construction documents, the Notice to Proceed, the Purchase Order, and any additional documents the submission
of which are required by this Agreement.
1.5 DESIGNBUILDER: is the Proposer selected to perform the work pursuant to
this Agreement, and is the person, firm, or corporation primarily liable for the acceptable performance of, and
payment of all legal debts pertaining to the Project. All references in the Contract Documents to third parties
under contract or control of DESIGNBUILDER shall be deemed to be a reference to DESIGNBUILDER.
DESIGNBUILDER will be responsible for the provision, installation, and performance of all equipment and
materials, and DESIGNBUILDER is in no way relieved of the responsibility for the performance of all
equipment furnished. DESIGN/BUILDER shall include a design criteria professional and a designhuild
contractor as set forth in Section 287.055, Florida Statutes.
1.6 COUNCIL: The City Council, which is the governing body of the City of Palm Beach Gardens,
Florida.
1.7 DESIGNATED REPRESENTATIVE: An authorized representative of DESIGNBUILDER
assigned to represent DESIGNBUILDER on this Project.
1.8 FIELD ORDER: A written order issued by the PROJECT MANAGER which orders minor
changes in the Project but which does not involve a change in the total cost or time for performance.
Agreement 2002-01 7 Page 2 of 34
1.9 INSPECTOR: An authorized representative of the Consultant assigned to make necessary
inspections of materials furnished by DESIGNBUILDER and of the work performed by DESIGNBUILDER.
1.10 MATERIAL: Materials incorporated in this Project or used or consumed in the performance of
the work.
1.1 1 NOTICE OF COMPLETION: The date certified by Consultant that all conditions of the permits
and regulatory agencies have been met, all construction, reconstruction or rehabilitation, including corrective
work, has been performed and all administrative requirements of the Contract Documents have been completed,
and CITY has received from DESIGNBUILDER a release of all liens, release of surety, certificate of
indemnification by DESIGNBUILDER, release of claims by DESIGNBUILDER, and corrected as-built
drawings.
1.12 NOTICE TO PROCEED: A written Notice to Proceed issued by the PROJECT MANAGER.
1.13 PLANS AND/OR DRAWINGS: The official graphic representations of this Project which, upon
written approval of the PROJECT MANAGER, shall become a part of the Contract Documents, as well as the
preliminary plans and drawings and renderings of the Project and the preliminary outline specifications and plans
for the designhuild services for the Project, which will be prepared by DESIGN/BUILDER, and will be made a
part of the Contract Documents upon approval by the PROJECT MANAGER. The plans and specifications will
include the design development documents and construction documents to be approved by the PROJECT
MANAGER as provided in this Agreement.
1.14 PROJECT: The Project is the total design, construction, and furnishing of the Sandhill Crane
Access Park as described in and in accordance with the Contract Documents, including Exhibit “D”, complete
with all appurtenances required to produce the facilities, including without limitation all professional design,
engineering and construction services and labor, materials, furnishings and equipment necessary or used or
incorporated in the design and construction, in accordance with the Contract Documents and as is required or
reasonably inferred from them. The Project includes the work, services and labor, and the goods, materials, tools,
supervision and equipment to be provided, and the cleanup, removal, and disposal of all debris, trash, and other
material so as to leave the facilities in a clean and ready-to-use condition.
1.15 PROJECT INITIATION DATE: The date upon which the contract time commences.
I. 16 PROJECT MANAGER: Unless otherwise explicitly stated all contract duties, contract
responsibilities, and contract communications of CITY shall be made through the CITY’S Director of Construction
Services. The foregoing sentence shall not apply to CITY construction inspections made to assure compliance
with applicable regulatory law and which the CITY conducts in a governmental regulatory capacity.
1.17 SUBCONTRACTOR: The person, contractor, or corporation having a direct contract with
DESIGNBUILDER, including one who furnishes material worked to a special design according to the Contract
Documents for this Project, but does not include one who merely furnishes material not so worked.
1.18 SUBSTANTIAL COMPLETION: The date certified by CITY that all conditions of the permits
and regulatory agencies have been met, and all construction, reconstruction, or rehabilitation (except minor
corrective work) has been performed in accordance with the Contract Documents, all certificates of occupancy
have been obtained, and the site is able to be used for its intended use.
1.19 SURETY: The surety company or individual which is bound by contract bond with and for
DESIGNBUILDER who is primarily liable and which surety company or individual is responsible for
2002-017 Page 3 of 34 Agreement
DESIGNBUILDER's acceptable performance of the work under the contract and for the payment of all debts
pertaining thereto with Section 255.05, Florida Statutes.
1.20 CITY: The City of Palm Beach Gardens, a Florida municipal corporation.
ARTICLE 2
INTENTION OF CITY
2.1 It is the intent of the Contract Documents to describe a functionally complete Project to be
designed and constructed by DESIGNBUILDER in accordance with the Contract Documents. Any work,
materials, or equipment that may reasonably be inferred from the Contract Documents, as being required to
produce the intended result will be supplied whether or not specifically called for. When words that have a well-
known technical or trade meaning are used to describe work, materials, or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any
technical society, organization, or association, or to laws or regulations of any governmental authority, whether
such reference is specific or by implication, shall mean the standard specification, manual, code, laws, or
regulations in effect at the time of the date of the execution of this Agreement.
ARTICLE 3
CONTRACT DOCUMENTS
3.1 The Contract Documents shall be followed in strict accordance as to work, material, and
dimensions except when the PROJECT MANAGER may authorize, in writing, an exception.
3.2 Dimensions given in figures are to hold preference over scaled measurements from the drawings;
however, all discrepancies shall be decided upon by the PROJECT MANAGER. DESIGNBUILDER shall not
proceed when in doubt as to any dimension or measurement but shall seek clarification from the PROJECT
MANAGER.
3.3 DESIGNBUILDER shall maintain four (4) copies of the Contract Documents; two (2) of which
shall be preserved and always kept accessible to the PROJECT MANAGER or hisher authorized representatives.
3.4 This Contract incorporates by reference and in the following order of authoritative precedent, the
following documents:
3.4.1.
purposes; and
The Contract and the Plans and Specifications, including those prepared by the City for proposing
3.4.2. DESIGNBUILDER's proposal, including any addenda.
ARTICLE 4
OWNERSHIP OF DESIGN MATERIALS AND DOCUMENTS
4.1 All documents including drawings and specifications prepared or furnished by
DESIGNBUILDER (and the independent professional associates and consultants or engineers of the
DESIGNBUILDER firm hereafter collectively called "DESIGNER") pursuant to this Agreement shall become
owned by and be the property of the CITY and the CITY shall thereby obtain ownership to any statutory common
law and other reserved rights, thereto; however, such documents are not intended or represented to be suitable for
reuse by Owner on extensions of the Project or on any other project. Any such reuse, modification, or adaptation
of such documents without written verification or adaptation by DESIGNER for the specific purpose intended
will be at Owner's sole risk and without liability or legal exposure to DESIGNER. If required by CITY, any such
2002-017 Page 4 of 34 Agreement
verification or adaptation will entitle DESIGNER to further compensation at rates to be agreed upon by Owner
and DESIGNER.
The copies or other tangible embodiments of all design materials, whether or not such materials are
subject to intellectual property protection, including but not limited to documents, shop drawings, computer
programs developed for the Project or if such programs are not the property of DESIGNBUILD firm the results
of the use of them by the DESIGNBUILD firm, data, plans, drawings, sketches, illustrations, specifications,
descriptions, models, the Design Development Documents, the Construction Documents, and any other
documents developed, prepared, furnished, delivered or required to be delivered by the DESIGNBUILD firm to
the CITY under the Contract (collectively "DESIGN MATERIALS") shall be and remain the property of the
CITY whether or not the Project or Work is commenced or completed, provided; however, that the CITY makes
payment for the DESIGN MATERIALS in accordance with the Schedule of Values. During the term of the
Contract, the DESIGNBUILD firm shall be responsible for any loss or damage to the DESIGN MATERIALS,
while the Materials are in the possession of the DESIGNBUILD firm or any of its subcontractors, and any such
DESIGN MATERIALS lost or damaged shall be replaced or restored at the DESIGNBUILD firm's expense. The
intellectual property rights, if any, to the contents of or concepts embodied in the DESIGN MATERIALS shall
belong to the DESIGNBUILD firm or it subcontractors in accordance with their contractual relationship and may
be copyrighted by them in the United States or in any other country, or be subject to any other intellectual
property protection.
As to those Design Materials subject to copyright or as to which a patent or trademark, or any other form
of intellectual property protection has been, is or will be obtained, the DESIGNBUILD firm grants to the CITY
as of the date that the DESIGN MATERIALS were delivered or required to be delivered to the CITY, a world-
wide, paid-up, nonexclusive, nontransferable (except as provided) license for the term of intellectual property
protection, for the CITY to use, reproduce and have reproduced, display and allow others to display and to publish
and allow others to publish, in any manner, at any time and as often as it desires, without compensation to the
DESIGN/BUILD firm or any third party, subject to the following restrictions:
(a) All copyright and other intellectual proprietary rights in or relating to any of the DESIGN
MATERIALS shall remain the property of the DESIGNBUILD firm whether or not the Project is constructed.
The DESIGNBUILD firm and DESIGNER subcontractors shall have the right to use any detail, part, concept or
system(s) shown on, specified in, or inferable from the DESIGN MATERIALS on any other project and to retain
copies for the DESIGNBUILD firm's future use;
(b) The CITY shall be entitled to, at no additional cost to the CITY, use such Materials and
documents at its own risk for additions, improvements, changes, or alterations to the Project after completion. If
the DESIGNBUILD is in default under this Contract and the Contract is terminated, the CITY shall be entitled to
use the DESIGN MATERIALS for completion of the Project by others without additional compensation, or a
release, indemnification or other action by the CITY;
(c) Any reproduction of the DESIGN MATERIALS or part of them shall be faithful and accurate to
the original and of good quality;
(d) The CITY shall not remove or alter, and shall reproduce and prominently display on all copies
made by CITY, the copyright notice and other proprietary legends appearing on the DESIGN MATERIALS when
delivered to the CITY.
4.2 Ownership of Design Materials and Documents after final completion - As of the Date of Final
Completion of the Project, or in the event of termination of the Contract, the DESIGNBUILD firm shall turn over
to the CITY any of the DESIGN MATERIALS referred to in Article 3 above, which have not yet been submitted
to the CITY. The Design/l3uild firm shall submit to the City four copies of the final record plans, signed and
2002-017 Page 5 of 34 Agreement
sealed by a registered engineer licensed by the State, as well as all related electronic documents in CADD format.
In the event of the failure by the DESIGNBUILD firm to make such delivery as provided above, the
DESIGNBUILD firm shall pay the CITY any damages, which the CITY may sustain from the failure, and the
CITY shall have the additional right of specific performance.
ARTICLE 5
SCOPE OF WORK
5.1 DESIGNBUILDER hereby agrees to complete the Project described in Exhibit "D" of the
proposal package, which is incorporated herein by reference, including furnishing all engineering, landscape
architecture, land surveying and environmental services, labor, materials, equipment, and other services necessary
to perform all of the work described in Exhibit 'ID", including drawings and addenda thereto, to be constructed
in accordance with the requirements and provisions of the Contract Documents.
5.2 DESIGNBUILDER agrees to meet with CITY at reasonable times and with reasonable notice.
5.3 DESIGNBUILDER will develop from its proposal and layout drawings the specifications which
will be reviewed and approved by the PROJECT MANAGER for concept and will meet or exceed the standards
noted in all applicable codes, ordinances, statutes, and any other regulations imposed by any regulatory body or
authority governing the design and construction. All such documents shall become a part of the Contract
Documents at the time they are provided by DESIGNBUILDER and approved for concept by the PROJECT
MANAGER.
5.4 Prior to the final completion of construction services under this Agreement, there shall be
established a record set of plans and specifications, on Mylar, which shall bear the approval of
DESIGNBUILDER and PROJECT MANAGER. In addition, prior to the commencement of construction
services under this Agreement, DESIGNBUILDER shall submit to the PROJECT MANAGER a CPM Schedule
for the planning and execution of the Construction Phase of the Project. The CPM shall be updated bimonthly
and submitted to PROJECT MANAGER as part of each pay request.
ARTICLE 6
COMPLETION DATE
6.1 PROJECT MANAGER shall instruct DESIGNBUILDER to commence the Design and
Construction Phases of the Project by written instructions in the form of a Notice to Proceed issued by the
PROJECT MANAGER. The Project shall be commenced within seven (7) calendar days after the Project
initiation date specified in the Notice to Proceed. The Notice to Proceed will not be issued until receipt by CITY
of all required documents, including a task and delivery oriented project timeline, and after execution of this
Agreement by both parties.
6.2 The Project shall be substantially completed by DESIGNBUILDER no later than =calendar
days from the Notice to Proceed, including permitting, design and construction, and a Certificate of Occupancy.
Upon failure of DESIGNBUILDER to substantially complete the Project within the specified period of time (plus
approved extensions, if any) DESIGNBUILDER shall pay to CITY the sum of Two Hundred Dollars ($200.00)
for each calendar day (plus approved extensions) after the time specified for substantial completion. After
substantial completion, should DESIGNBUILDER neglect, refuse or fail to complete the remaining work within
_. 15 calendar days from the substantial completion date described in this Agreement or any approved extension
thereof, DESIGNBUILDER shall pay to CITY the sum of Two Hundred Fifty Dollars ($250.00) for each
calendar day after the time above (plus approved extensions) for completion and readiness for final payment.
These amounts are not penalties but liquidated damages to CITY. Liquidated damages are hereby fixed and
agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages
Agreement 2002-017 Page 6 of 34
that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question
of dispute concerning the amount of said damages and the cost and effect of the failure of DESIGNBUILDER to
complete the Contract on time.
6.3 CITY is authorized to deduct liquidated damage amounts from the monies due
DESIGNBUILDER for work under this Agreement or as much thereof as CITY may, at its own option, deem
just and reasonable. The CITY shall not be deemed in default for such deduction(s).
6.4 DESIGNBUILDER shall be responsible for reimbursing CITY, in addition to liquidated
damages, for all costs incurred by CITY, including, without limitation, costs of storage, maintenance, repair, and
insurance in administering the construction of the Project beyond the completion date specified in this Agreement
or beyond an approved extension of time granted to DESIGNBUILDER, whichever date is later. Such costs
shall be deducted from the monies due DESIGNBUILDER as provided in Article 8 of this Agreement.
6.5 No extension of time shall be granted for delays resulting from normal weather conditions
prevailing in the area as defined by the average of the last five (5) years of weather recorded by the National
Weather Service.
ARTICLE 7
DESIGNBUILDER’ S RESPONSIBILITY
7.1 The parties acknowledge and agree that CITY is purchasing, and DESIGNBUILDER is bound to
deliver, the desigdconstruction of the Sandhill Crane Access Park, which shall be constructed in accordance with
the Contract Documents, including Exhibit “D”, and comply with all applicable laws, rules, reservations, codes,
ordinances, directives or guidelines, whether federal, state or local, and technical codes.
7.2 DESIGNBUILDER shall be responsible for applying for and securing all permits and approvals
from all governmental authorities having jurisdiction over the Project. DESIGNBUILDER shall make, at its own
cost and expense, any changes to the Project required by the PROJECT MANAGER or Consultant having
jurisdiction over the Project and shall advise CITY in writing of such changes. All permits and licenses required
by federal, state, or local laws, rules, and regulations, codes, directives and guidelines necessary for the
prosecution of the Project by DESIGNBUILDER pursuant to this Agreement shall be secured and paid for by
DESIGNBUILDER. It is DESIGNBUILDER’S responsibility to have and maintain appropriate certificate(s) of
competency, valid for the work to be performed and for all persons working on the Project for whom a certificate
of competency is required.
Pursuant to the Public Proposal Disclosure Act, EACH LICENSE, PERMIT OR FEE A CONTRACTOR
WILL HAVE TO PAY THE CITY BEFORE OR DURING CONSTRUCTION OR THE PERCENTAGE
METHOD OR UNIT METHOD OF ALL LICENSES, PERMITS AND FEES REQUIRED BY THE CITY AND
PAYPLBLE TO THE CITY BY VIRTUE OF THIS CONSTRUCTION AS PART OF THE CONTRACT IS AS
FOLLOWS:
All fees payable to CITY have been or will be paid for by CITY. Permits and fees, which may be
required by the State of Florida, State Agencies, or by other local governmental entities, are not included.
Occupational licenses will be required pursuant to Chapter 205, Florida Statutes.
7.3 DESIGNBUILDER shall be fully responsible for the actions of all persons workmg in
conjunction with the design and construction of the Project.
7.4 DESIGNBUILDER shall be fully responsible for all acts or omissions of its consultants and
Agreement 2002-01 7 Page 7 of 34
subcontractors and of persons directly employed by DESIGNBUILDER'S consultants and subcontractors and of
persons for whose acts any of them may be liable to the same extent DESIGNBUILDER is responsible for the
acts and omissions of persons directly employed by DESIGNBUILDER. Nothing in this Agreement shall create
any contractual relationship between any consultant or subcontractor and CITY or any obligation on the part of
CITY to pay or to see to the payment of any monies due to any consultant or subcontractor.
7.5 DESIGNBUILDER agrees to bind specifically every subcontractor and consultant to the
applicable terms and conditions of this Agreement for the benefit of CITY.
7.6 Unless otherwise provided herein, DESIGNBUILDER shall provide and pay for all architecture,
engineering, landscape architecture, and land surveying services, materials, labor, water, tools, equipment, light,
power, transportation and other facilities and services necessary for the proper execution and completion of the
Project, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Project.
7.7 DESIGNBUILDER shall at all times enforce strict discipline and good order among its
employees, consultants, and subcontractors at the Project site and shall not employ on the Project any unfit person
or anyone not skilled in the work assigned to him or her.
7.8 DESIGNBUILDER shall maintain suitable and sufficient guards and barriers, and at night
suitable and sufficient lighting for the prevention of accidents and thefts.
7.9 DESIGNBUILDER shall keep itself fully informed of, and shall take into account and comply
with, all existing and future local, state and federal laws and municipal ordinances, rules, codes, regulations,
guidelines and directives, in any manner affecting those engaged or employed in the Project, or the materials used
or employed in the Project, or in any way affecting the conduct of the Project, and of all such orders and decrees
of bodies or tribunals having any jurisdiction or authority over the same and of all provisions required by law to
be made a part of this Agreement, all of which provisions are hereby incorporated by reference and made a part
hereof. If any specification or contract for this Project is in violation of any such law, ordinance, regulation,
codes, directives, guidelines, order, decree, or other matters, DESIGNBUILDER shall forthwith report the same
to the PROJECT MANAGER in writing. DESIGNBUILDER shall cause all its agents, employees,
subcontractors, and consultants to observe and comply with all such existing and future laws, ordinances,
regulations, orders, decrees, rules, guidelines and directives.
7.10 In the event of a change after the effective date of this Agreement in any local, state and federal
laws and municipal codes, ordinances, regulations, rules, guidelines and directives which in any manner affects
the Project, DESIGNBUILDER shall advise the PROJECT MANAGER, in writing, and the PROJECT
MANAGER, with concurrence of CITY, shall initiate a change order, the purpose of which shall be to bring the
Project into compliance with all laws, ordinances, codes, regulations, rules, guidelines and directives, as amended
or enacted.
7.1 1 DESIGNBUILDER shall pay all applicable sales, consumer, use, and other taxes required by
law. DESIGNBUILDER is responsible for reviewing the pertinent local, state and federal statutes involving
local, state and federal taxes and complying with all requirements.
ARTICLE 8
COMPENSATION AND METHOD OF PAYMENT
8.1 Amount and Method of Compensation
8.1.1 CITY agrees to pay DESIGNBUILDER as compensation for its services under the terms of this
Agreement a maximum amount not to exceed sum, mutually agreed to by CITY'S PROJECT MANAGER and
2002-017 Page 8 of 34 Agreement
DESIGNBUILDER and as set forth in the Contract Documents for each segment of the work. The fee for the
services to be performed by DESIGNBUILDER shall be for the actual cost of the work multiplied by a factor for
general conditions, overhead and profit, and if applicable, a savings factor, as presented in the Desifluild
proposal. Exhibit “C” to the DESIGNBUILDER proposal is the rate of wages and fringe benefits for all
laborers, mechanics, and apprentices proposed to be used on the job, by reference is incorporated herein.
8.1.1.1 The maximum not-to-exceed sum to be paid by CITY to DESIGNBUILDER under this
Agreement is ($ ), for the project described in the
Design/Build package and as submitted by the DESIGNBUILDER proposal, all of which is incorporated herein
by reference. It is understood that DESIGNBUILDER shall perform all services set forth in this Agreement for
no more than the total compensation amount set forth in this paragraph except as allowed under Article 8 of this
Agreement.
8.1.1.2 Within thirty (30) days prior to the commencement of construction, DESIGN/BUILDER shall
submit to the PROJECT MANAGER a schedule of values for each item comprising the fee described above.
Partial payments shall be based upon such schedule of values. Final payments on each Contract Document must
be approved by the PROJECT MANAGER.
8.2 Method of Billing and Payment
8.2.1 DESIGNBUILDER shall submit billings, which are identified by the specific Contract
Document number on a monthly basis and in a timely manner. The PROJECT MANAGER shall verify
completion of the various stages as noted and authorize payment. DESIGNBUILDER may submit a request for
payment thirty (30) days after beginning field operations and every thirty (30) days thereafter. Payment will be
based on quantities certified by DESIGNBUILDER. DESIGNBUILDER’s requisition shall show a complete
breakdown of the Project components, the quantities completed, and the amount due, together with such
supporting evidence as may be required by the PROJECT MANAGER. When applicable, the requisition for
payment shall be accompanied by a completed Statement of Compliance. Each requisition shall be submitted in
triplicate to the PROJECT MANAGER for approval.
8.2.2 Requests for final payment shall be accompanied by paid invoices and other back-up material as
may be necessary to substantiate the final fee. The total hourly rates payable by CITY for each
DESIGNBUILDER’s employee categories shall be as shown on Exhibit “C” to the DESIGNBUILDER
proposal, which is incorporated herein by reference. In no instance shall final billing exceed the amount allocated
in the Contract Document. An updated construction schedule shall be submitted at least monthly.
8.2.3 CITY agrees that it will pay DESIGNBUILDER within thirty (30) calendar days of receipt of
DESIGNBUILDER’s proper statement, as provided above, accompanied by an updated construction schedule
and as-built drawings.
8.2.4 Ten percent (10%) of all monies earned by DESIGNBUILDER shall be retained by CITY until
the Project is totally completed as specified and accepted by the PROJECT MANAGER. The PROJECT
MANAGER may reduce retainage to five percent (5%) after ninety-five percent (95%) of the Project has been
completed. Any interest earned on retainage shall accrue to the benefit of CITY.
8.2.5 Upon receipt of written notice from DESIGNBUILDER that the Project is ready for final
inspection and acceptance, the PROJECT MANAGER shall, within ten (10) days, make an inspection thereof. If
the PROJECT MANAGER finds the Project acceptable under the Contract Documents and the Project fully
performed, a Final Certificate of Payment shall be issued by the PROJECT MANAGER, over hisher own
signature, stating that the work required by this Agreement has been completed and is accepted under the terms
and conditions thereof.
Page 9 of 34 Agreement 2002-017
8.2.6 Before issuance of the Final Certificate for Payment, DESIGN/BUILDER shall deliver to the
PROJECT MANAGER a complete release of all liens arising out of this Agreement or receipts in full in lieu
thereof, and an Affidavit certifying that all suppliers, materialsmen, and subcontractors have been paid in full and
that all other indebtedness connected with the Project has been paid, and a consent of the surety to final payment.
All warranties, guarantees, operational manuals, and instructions in operation must be delivered to CITY at this
time. As-built drawings will be completed prior to final payment being made.
8.2.7 CITY may withhold final payment or any progress payment to such extent as may be necessary
on account of:
8.2.7.1 Defective work not remedied.
8.2.7.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against
DESIGNBUILDER.
8.2.7.3 Failure of DESIGNBUILDER to make payments properly to suppliers, materialsmen,
subcontractors or consultants or for material or labor.
8.2.7.4 Damage to another subcontractor, supplier, material men, party, or person not remedied.
8.2.7.5 Liquidated damages pursuant to Article 6 hereof.
8.2.7.6 As-built drawings not being in a current and acceptable state. When the above grounds are
removed or resolved or DESIGN/BUILDER provides a surety bond or a consent of surety satisfactory to CITY,
which will protect CITY in the amount withheld, payment may be made in whole or in part, as applicable.
8.2.8 If, after the Project has been substantially completed, full completion thereof is materially
delayed through no fault of DESIGN/BUILDER, and the PROJECT MANAGER so certifies, CITY shall, upon
certification of the PROJECT MANAGER, and without terminating the Contract, make payment of the balance
due for that portion of the Project fully completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
8.2.9 The making and acceptance of the final payment shall constitute a waiver of all claims by CITY,
other than those arising from faulty or defective work, failure of the Project to comply with requirements of the
Contract Documents or terms of any warranties required by the Contract Documents. It shall also constitute a
waiver of all claims by DESIGNiBUILDER, except those previously made in writing and identified by
DESIGN/BUILDER as unsettled at the time of the final application for payment.
8.2.10 Payment will be made to DESIGNiBUILDER at:
ARTICLE 9
ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK
9.1 Without invalidating this Agreement and without notice to any surety, CITY reserves and shall
have the right to make such changes from time to time in the character or quantity of the Project as may be
considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory
Page 10 of 34 Agreement 2002-017
manner. Any extra or additional work within the scope of this Project may be accomplished by means of
appropriate field orders and supplemental instructions or change orders subject to Articles 33 and 34 herein.
ARTICLE 10
CITY'S RESPONSIBILITIES
10.1 CITY will assist DESIGNBUILDER by placing at its disposal any available information
pertinent to the Project, including previous reports, laboratory tests, and inspections of samples, materials, and
equipment; property, boundary, easement, rights-of-way, topographic and utility surveys; property descriptions;
and known zoning, deed, and other land use restrictions.
10.2 CITY will arrange for access to and make all provisions for DESIGN/BUILDER to enter upon
public property as required for DESIGNBUILDER to perform its services.
ARTICLE 11
RESOLUTION OF DISPUTES
11.1 To prevent all disputes and litigation, it is agreed by the parties hereto that the PROJECT
MANAGER shall decide all questions, difficulties, and disputes of whatever nature which may arise relative to
the technical interpretation of the Contract Documents and fulfillment of this Agreement as to the character,
quality, amount, and value of any work done and materials furnished under or by reason of this Agreement, and
the PROJECT MANAGER'S estimates and decisions upon all claims, questions, and disputes shall be final and
conclusive upon the parties hereto. This Article does not preclude either or both parties from seelung any and all
remedies available at law or in equity. The parties hereto may also, if mutually agreed, seek arbitration or
mediation to resolve any dispute related to this Contract. Nothing herein however shall preclude CITY from filing
suit in a court of competent jurisdiction.
ARTICLE 12
ASSIGNMENT
12.1 Neither party to this Agreement shall assign this Agreement or subcontract it as a whole without
the written consent of the other, nor shall DESIGNBUILDER assign any monies due or to become due to it
hereunder without the prior written consent of the PROJECT MANAGER.
ARTICLE 13
PROJECT MEETINGS
13.1 DESIGNBUILDER shall schedule periodic work progress meetings and specially called
meetings as needed with the PROJECT MANAGER relating to the designhuild services under this Agreement.
DESIGNBUILDER shall record the minutes of such meetings, include significant proceedings and decision(s)
within the minutes, and reproduce and distribute copies of minutes within five (5) business days after each
meeting, plus incorporate comments received or exceptions taken by those present who have reviewed and
commented on the minutes.
ARTICLE 14
SECURITY
14.1 DESIGNBUILDER shall provide a project security program to protect work, stored products,
and construction equipment from theft and vandalism, and to protect premises from entry by unauthorized
persons. In the event any such materials, equipment, and supplies are lost, stolen, damaged, or destroyed prior to
final inspection and acceptance, DESIGNBUILDER shall replace same without cost to CITY.
Agreement 2002-017 Page 11 of 34
ARTICLE 15
INSPECTION OF PROJECT
15.1 The PROJECT MANAGER or Designee shall, at all times, have access to the Project, and
DESIGNBUILDER shall provide proper facilities for such access.
15.1.1 Should the Contract Documents, instructions, any laws, ordinances, or any public authority
require any work for the Project to be specially tested or approved, DESIGNBUILDER shall give to the
PROJECT MANAGER timely notice of readiness of the work for inspection. If the testing or approval is to be
made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Inspections
shall be made promptly, and, where practicable, at the source of supply. If any work for the Project should be
covered up without approval or consent of the PROJECT MANAGER, it must, if required by the PROJECT
MANAGER, be uncovered for examination and properly restored at DESIGN/BUILDER's expense.
15.1.2 Reexamination and retesting of any work for the Project may be ordered by the PROJECT
MANAGER; and if so ordered, such work must be uncovered by DESIGNBUILDER. If work is found
defective, DESIGNBUILDER shall bear all direct, indirect, and consequential expenses of such removal or
correction. If such work is found to be in accordance with the Contract Documents, CITY shall pay the cost of
reexamination, retesting, and replacement.
15.2 The payment of any compensation, regardless of its character or form, or the giving of any
gratuity or the granting of any valuable favor by DESIGNBUILDER to any Inspector other than its consultant, is
forbidden, and any such act on the part of DESIGNBUILDER will constitute a breach of this Agreement.
ARTICLE 16
SUPERINTENDENCE AND SUPERVISION
16.1 The orders of CITY are to be given through the PROJECT MANAGER, whose instructions are to
be strictly and promptly followed in every case. DESIGNBUILDER shall keep on the Project during its progress
a competent resident supervisor, who shall serve as the Designated Representative, and any necessary assistants.
The Designated Representative shall serve as Superintendent on site and shall be responsible for continuous field
supervision, coordination, and completion of the work. The Designated Representative shall not be changed
except with the consent of the PROJECT MANAGER, unless the Designated Representative proves to be
unsatisfactory to DESIGNBUILDER and ceases to be in its employ. The Project representative shall represent
DESIGNBUILDER, and all direction given to the Designated Representative shall be as binding as if given to
DESIGNBUILDER. Directions will be confirmed in writing to DESIGNBUILDER. Other directions will be so
confirmed on written request in each case.
16.2 DESIGNBUILDER's Designated Representative shall prepare, on a daily basis, and keep on the
Project site, a bound log setting forth at a minimum for each day: the weather conditions and how any weather
conditions affected progress of the work; work performed; equipment utilized for the work; any idle equipment
and reasons for idleness; visitors to the Project site; labor utilized for the work; and any materials delivered to the
Project site. The daily log shall be available for inspection by the PROJECT MANAGER at all times during the
Project.
16.3 If DESIGNBUILDER, in the course of the Project, finds any discrepancy between the Contract
Documents and the physical conditions of the locality, or any errors or omissions in the Contract Documents,
including drawings (plans) and specifications, it shall be the DESIGN/BUILDER's duty to immediately inform
the PROJECT MANAGER in writing, and the PROJECT MANAGER will promptly verify the same. Any work
done prior to or after such discovery will be done at DESIGNh3UILDER's sole risk.
2002-017 Page 12 of 34 Agreement
16.4 DESIGNBUILDER shall coordinate, supervise, and direct the Project competently and
efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform
the Project in accordance with the Contract Documents. DESIGNBUILDER shall be solely responsible for the
design, means, methods, techniques, safety, sequences, and procedures of construction. DESIGNBUILDER shall
give efficient supervision to the work, using DESIGN/BUILDER's best skill, attention, and judgment.
ARTICLE 17
CITY'S RIGHT TO TERMINATE AGREEMENT
17.1 The following shall give CITY the right to terminate this Agreement with DESIGNBUILDER:
17.1.1 DESIGNBUILDER fails to begin the design and construction of the Project within the time
specified, or fails to perform the Project with sufficient workers and equipment or with sufficient materials to
insure the prompt completion of the Project, or shall perform the work unsuitably, or cause it to be rejected as
defective and unsuitable, or shall discontinue the prosecution of the Project.
17.1.2 If DESIGNBUILDER shall become insolvent, be declared bankrupt, commit any act of
bankruptcy or insolvency, make an assignment for the benefit of creditors, or as a result of any other cause
whatsoever not carry on the Project in an acceptable manner, the PROJECT MANAGER may give notice in
writing to DESIGNBUILDER and its Surety of such delay, neglect or default, specifying the same. If
DESIGNBUILDER, within a period of ten (10) days after such notice, shall not proceed in accordance therewith,
then CITY may, upon written certificate from the PROJECT MANAGER of the fact of such delay, neglect or
default and DESIGNBUILDER'S failure to comply with such notice, terminate the services of
DESIGNBUILDER, exclude DESIGNBUILDER from site and take the prosecution of the Project out of the
hands of DESIGNBUILDER, and appropriate or use any or all materials and equipment on the Project site as
may be suitable and acceptable.
17.2 In the event of an occurrence under Section 17.1 above, DESIGNBUILDER shall not be entitled
to receive any further payment until the Project is finished.
17.3 In the event of an occurrence under Section 17.1 above, CITY may enter into a separate
agreement for the completion of the Project according to the terms and provisions of the Contract Documents or
use such other methods as in its opinion shall be required for the completion of the Project in an acceptable
manner.
17.4 In the event of an occurrence under Section 17.1 above, all damages, costs, and charges incurred
by CITY shall be deducted from any monies due or which may become due to said DESIGNBUILDER. Actions
will be instituted to recover on the posted bonds. In case the damages and expenses so incurred by CITY shall be
less than the sum which would have been payable under this Agreement, if it had been completed by said
DESIGNBUILDER, then DESIGN/BUILDER shall be entitled to receive the difference. If such damages and
costs exceed the unpaid balance, then DESIGNBUILDER shall be liable and shall pay to CITY the amount of
said excess.
17.5 If, after Notice of Termination is given to DESIGN/BUILDER, it is determined for any reason
that DESIGNBUILDER was not in default or breach of this Agreement, the rights and obligations of CITY and
DESIGNBUILDER shall be the same as if the notice of termination had been issued pursuant to the Termination
for Convenience clause as set forth in Section 17.6 below.
17.6 The performance of work under this Agreement may be terminated in writing by the PROJECT
MANAGER for convenience upon not less than ten (IO) days written notice to DESIGNBUILDER (delivered
2002-017 Page 13 of 34 Agreement
by certified mail, return receipt requested or by such overnight delivery service such as FedEx), of intent to
terminate and the date on which such termination becomes effective. In such case, DESIGNBUILDER shall be
paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs
reasonably incurred by DESIGNBUILDER relating to commitments, which had become DESIGNBUILDER’s
prior to the date of termination. Payment shall include services actually performed in full prior to termination
date, but shall exclude all lost profits, direct, indirect, consequential, or special damages, or other damages for the
remainder of the project.
17.7 Upon receipt of Notice of Termination pursuant to Articles 17.1, 17.5, or 17.6 above,
DESIGNBUILDER shall promptly discontinue all affected work unless the Notice of Termination directs
otherwise and deliver or otherwise make available to the PROJECT MANAGER all data, drawings,
specifications, reports, estimates, summaries, and such other information as may have been required by the
Contract Documents whether completed or in process.
17.8 If a Court of competent jurisdiction finds that the CITY wrongfully terminated this Contract, then
in such event, this Contract shall be deemed terminated for convenience as provided for in Section 17.6 and the
Contractor shall not be entitled to damages or loss of profits, but shall include all items provided for in Section
17.6 herein.
ARTICLE 18
DESIGNBUILDER‘ S RIGHT TO STOP WORK OR TERMINATE CONTRACT
18.1 If the Project should be stopped under an order of any court or other public authority for a period
of more than ninety (90) calendar days, through no act or fault of DESIGNBUILDER or of anyone employed by
DESIGNBUILDER, or if the PROJECT MANAGER should fail to review and approve or state in writing
reasons for non-approval of any estimate for payment within twenty (20) days after it is presented, or if CITY
fails to pay DESIGNBUILDER within thirty (30) days after presentation by DESIGNBUILDER of any proper
invoice accompanied by the required update of the CPM, then DESIGNBUILDER may, upon seven (7) days
written notice to CITY and the PROJECT MANAGER, stop work or terminate this Agreement and recover from
CITY payment for all work executed and any expense sustained plus reasonable termination expenses.
ARTICLE 19
PLANS AND WORKING DRAWINGS
19.1 All approved plans, general and detail, are to be deemed a part of this Agreement, and the plans
and specifications and Agreement are to be considered together, and are intended to be mutually complementary,
so that any work shown on the plans, though not specified in the specifications, and any work specified in the
specifications though not shown on the plans, is to be executed by DESIGNBUILDER as part of this Agreement.
All things which in the opinion of the PROJECT MANAGER may reasonably be inferred from this Agreement
and plans as developed by DESIGNBUILDER and approved by the PROJECT MANAGER are to be executed
by DESIGNBUILDER under the terms of this Agreement; and the PROJECT MANAGER shall determine
whether the detail plans conform to the Contract Documents, except as may be otherwise determined by the
PROJECT MANAGER. All plans, specifications, and related technical documentation should be in the form of a
CADD drawing file and paper copy.
ARTICLE 20
DESIGNBUILDER TO CHECK DRAWINGS AND DATA
20.1 DESIGNBUILDER shall take measurements and verify all dimensions, conditions, quantities,
and details shown on the drawings, schedules, or other data received fi-om the PROJECT MANAGER, and shall
notify the PROJECT MANAGER of all errors, omissions, conflicts, and discrepancies found therein. Failure to
2002-017 Page 14 of 34 Agreemem t
discover or correct errors, conflicts, or discrepancies shall not relieve DESIGNBUILDER of full responsibility
for unsatisfactory work, faulty construction, or improper operation resulting there from nor from rectifying such
condition at DESIGNBUILDERs own expense. DESIGNBUILDER will not be allowed to take advantage of
any error or omission.
ARTICLE 21
WARRANTY
21.1 DESIGN/BUILDER warrants to CITY that all materials and equipment furnished for the Project
will be new unless otherwise specified and that all work for the Project will be of good quality, free from faults
and defects, and in conformance with the Contract Documents. All work for the Project not conforming to these
requirements, including substitutions not properly approved and authorized, may be considered defective. If
required by the PROJECT MANAGER, DESIGNBUILDER shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
ARTICLE 22
DELIVERY AND STORAGE OF MATERIALS AND PARTIAL PAYMENT THEREFOR
22.1 CITY may, at its sole option, allow partial payment for materials delivered and stored either on or
off site for use on the Project.
22.2 Material stored on the job site shall be verified as to quantity and condition by the PROJECT
MANAGER or hisher representative prior to receipt of any payment. Safeguarding the material shall be the
responsibility of DESIGN/BUILDER. Any materials that have been lost, stolen, damaged, or otherwise deemed
unacceptable by the PROJECT MANAGER shall be replaced by DESIGNBUILDER at no additional cost to
CITY.
22.3 Materials stored off the job site for which partial payment is sought shall be stored in a bonded
warehouse. The material shall be inspected by the PROJECT MANAGER who will verify quantities and
condition of all materials. Safeguarding the material shall be the responsibility of DESIGNBUILDER.
ARTICLE 23
GENERAL OUALITY OF WORK
23.1 Articles, materials, and equipment specified or shown on drawings shall be new and shall be
applied, installed, connected, erected, used, cleaned, and conditioned for proper forming, as per the manufacturer's
directions, and as approved by the PROJECT MANAGER. DESIGNBUILDER shall, if required, furnish
satisfactory evidence as to kind and quality of the materials.
23.2 DESIGNBUILDER shall apply, install, connect, and erect manufactured items or materials
according to recommendations of manufacturer when such recommendations are not in conflict with the Contract
Documents. DESIGNBUILDER shall furnish copies of manufacturer's recommendations to the PROJECT
MANAGER before proceeding with the work.
ARTICLE 24
DEFECTIVE WORK
24.1 The PROJECT MANAGER shall have the authority to reject or disapprove work for the Project,
which the PROJECT MANAGER finds to be defective. If required by the PROJECT MANAGER,
DESIGNBUILDER shall promptly, as directed, correct all defective work or remove it from the Project site and
replace it with non-defective work. DESIGNBUILDER shall bear all direct, indirect, and consequential costs of
Agreement 2002-017 Page 15 of 34
such removal or correction.
24.2 If, within one (1) year after substantial completion, any work is found to be defective or not in
accordance with the Contract Documents, DESIGN/BUILDER shall correct it promptly without cost to CITY,
after receipt of written notice from CITY to do so, unless CITY has given DESIGNBUILDER a written
acceptance of such conditions. Nothing contained herein shall be construed to establish a period of limitation
with respect to any other obligation, which DESIGNBUILDER might have under the Contract Documents,
including Article 21 hereof, or applicable state law.
24.3 Should DESIGNBUILDER fail or refuse to remove or correct any defective work performed for
the Project or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of
this Agreement within the time indicated in writing, CITY shall have the authority to cause the unacceptable or
defective work to be removed or corrected, or make such repairs as may be necessary to be made at
DESIGN/BUILDER’s expense. Any expense incurred by CITY in making these removals, corrections or repairs,
which DESIGNBUILDER has failed or refused to make, shall be paid for out of any monies due or which may
become due to DESIGNBUILDER, or may be charged against the bond or guaranty. Continued failure or refusal
on the part of DESIGNBUILDER to make any or all necessary repairs promptly, fully, and in acceptable manner
shall be sufficient cause for CITY to declare this Agreement forfeited, in which case CITY, at its option, may
purchase materials, tools, and equipment and employ labor or may contract with any other individual,
DESIGNBUILDER or corporation, or may proceed with its own forces to perform the work. All costs and
expenses incurred thereby shall be charged against the defaulting DESIGNBUILDER, and the amount thereof
deducted from any monies due, or which may become due to DESIGNBUILDER, or shall be charged against the
bond or guaranty. Any special work performed, as described herein, shall not relieve DESIGNBUILDER in any
way from its responsibility for the work performed by it.
24.4 Failure to reject any defective work or material shall not in any way prevent later rejection when
such defect is discovered or obligate CITY to final acceptance.
ARTICLE 25
SUBCONTRACTS
25.1 DESIGNBUILDER shall, after award and prior to the start of construction, notify the PROJECT
MANAGER in writing of the names of subcontractors proposed for the Project and identify the portion of the
work for the Project each will perform. DESIGNBUILDER shall have a continuing obligation to notify the
PROJECT MANAGER of any change in subcontractors. Notification of the names of subcontractors shall not
relieve DESIGN/BUILDER from the prime responsibility of full and complete satisfactory performance of all
contractual obligations. DESIGNBUILDER shall solicit subcontractors from the CITY’S approved Proposer list.
DESIGNBUILDER shall give first priority for award of all key subcontracts to local (Palm Beach Gardens)
contractors.
ARTICLE 26
SEPARATE CONTRACTS
26.1 CITY reserves the right to let other contracts in connection with this Project.
DESIGNBUILDER shall afford other contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work and shall properly connect and coordinate this work with theirs.
26.2 If any part of DESIGNBUILDERS work depends for proper execution or results upon the work
of any other contractors, DESIGN/BUILDER shall inspect and promptly report to the PROJECT MANAGER any
defects in such work that render it unsuitable for such proper execution and results. DESIGNBUILDER’ s failure
to so inspect and report shall constitute an acceptance of the other contractors’ work as fit and proper for the
2002-017 Page 16 of 34 Agreement
reception of contractors’ work, except as to defects which may develop in other contractors’ work after the
execution of contractors’ work.
26.3 To insure the proper execution of its subsequent work, DESIGNBUILDER shall inspect the
work already in place and shall at once report to the PROJECT MANAGER any discrepancy between the
executed work and the requirements of the Contract Documents.
26.4 No claim for damages or any claim other than for an extension of time shall be made or asserted
against CITY by reason of any delays due to work of other contractors.
ARTICLE 27
USE OF COMPLETED PORTIONS
CITY must inform the DESIGNBUILDER prior to the completion negotiations if any portion of this
Project will be utilized prior to normal construction completion.
27.1 CITY shall have the right to take possession of and use any completed or partially completed
portions of the Project. Such possession and use shall not be deemed an acceptance of any work not completed in
accordance with the Contract Documents. If such possession and use delays the Project, DESIGNBUILDER
shall be entitled to reasonable extension of time, as determined by CITY.
27.2 In the event CITY takes possession, the following shall occur:
27.2.1 The PROJECT MANAGER shall give notice to DESIGNBUILDER at least fifteen (1 5) days in
advance on intent to occupy a designated area.
27.2.2 DESIGNBUILDER shall bring the designated area to point of Substantial Completion. When
DESIGNBUILDER considers that the designated area of the Project is substantially complete,
DESIGNBUILDER shall so notify the PROJECT MANAGER in writing and shall prepare for submission to the
PROJECT MANAGER a list of items to be completed or corrected. The failure to include any items on such list
does not alter the responsibility of DESIGNBUILDER to complete work on the designated area in accordance
with the Contract Documents. The PROJECT MANAGER shall conduct an inspection to determine that the
designated portion of the Project is substantially complete. The PROJECT MANAGER will then instruct
DESIGNBUILDER to deliver to CITY a Certificate of Occupancy pertinent to the designated portion, which
Certificate of Occupancy shall be issued by the appropriate authority having jurisdiction over the Project. The
PROJECT MANAGER and DESIGNBUILDER shall agree on the time within which DESIGNBUILDER shall
complete the items listed.
27.2.3 Upon issuance and acceptance of Certificate of Substantial Completion and Certificate of
Occupancy (CO), CITY will assume full responsibility for maintenance, utilities, and subsequent damages of
CITY and public, adjustment of insurance coverages and start of warranty for occupied area.
DESIGNBUILDER shall remain responsible for all items listed to be completed or corrected as submitted to the
PROJECT MANAGER as required in substantial completion process.
27.2.4 If CITY finds it necessary to occupy or use a portion or portions of the Project prior to Substantial
Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by the
PROJECT MANAGER and DESIGNBUILDER and to which the insurance company or companies providing
the property insurance have consented by endorsement to the policy or policies. This insurance shall not be
canceled or lapsed on account of such partial occupancy or use. Consent of DESIGN/BUILDER and of the
insurance company or companies to such occupancy or use shall not be unreasonably withheld.
Agreement 2002-017 Page 17 of 34
ARTICLE 28
CONSTRUCTION AREA
28.1 DESIGNBUILDER shall use areas approved by CITY for deliveries and personnel. Contract
Equipment, material, and personnel shall be in limits of construction area are indicated on the drawings.
conformance with this Contract.
28.2 To provide for maximum safety and security, DESIGNBUILDER shall erect and maintain all
necessary barricades and any other temporary walls and structures, as required, and boarding to protect life and
property during the period of construction.
ARTICLE 29
LANDS FOR WORK
29.1 CITY shall provide, as indicated in the Contract Documents, the lands upon which the Project is
to be performed, rights-of-way, and easements for access thereto, and such other lands as are designated for the
use of DESIGNBUILDER. No claim for damages or other claim other than for an extension of time shall be
made or asserted against CITY by reason of any delay arising as a result of any failure of CITY to provide such
lands on the date needed by DESIGNBUILDER. The provisions of Article 36 hereof shall apply.
ARTICLE 30
LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
30.1 DESIGNBUILDER shall conform to all applicable laws, regulations, codes, directives,
guidelines, or ordinances with regard to labor employed, hours of work, and DESIGNBUILDER's general
operations. DESIGNBUILDER shall also conduct its operations so as not to close any thoroughfare, nor
interfere in any way with traffic on highways without the written consent of the proper authorities.
ARTICLE 3 1
DAMAGE TO EXISTING FACILITIES, EOUIPMENT OR UTILITIES
3 1.1 Existing utilities have been shown on the drawings provided to DESIGNBUILDER insofar as
information is reasonably available; however, it will be DESIGNBUILDER's responsibility to verify such
information and to preserve all existing utilities whether shown on the drawings or not. If utility conflicts are
encountered by DESIGN/BUILDER during construction, DESIGNBUILDER shall give sufficient notice to the
owners of the utilities so that they may make the necessary adjustments.
3 1.2 DESIGNBUILDER shall exercise care and take all precautions during excavation and
construction operations to prevent damage to any existing facilities, equipment, or utilities. Any damage caused
by DESIGNBUILDER shall be reported immediately to the PROJECT MANAGER, and such work shall be
repaired and/or replaced by DESIGNBUILDER in a manner approved by CITY. All costs to repair andor
replace any damage to existing facilities, equipment, or utilities shall be the sole responsibility of
DESIGNBUILDER, and such repair or replacement shall be performed expeditiously without cost to CITY.
31.3 DESIGNBUILDER shall provide that type of required protection for finished work at all times
and protect adjacent work during cleaning operations and make good any damage resulting from neglect of this
precaution.
3 1.4 Protection of work shall include protecting of work that is factory finished, during transportation,
storage, during and after installation. Where applicable and as required, DESIGNBUILDER shall close off
spaces of areas where certain work has been completed to protect it from any damages caused by others during
2002-017 Page 18 of 34 Agreement
their operations.
3 1.5 DESIGNBUILDER shall store materials and shall be responsible for and shall maintain partly or
wholly finished work during the continuance of the Contract and until the final acceptance of the structure. If any
materials or part of the work should be lost, damaged, or destroyed by any cause or means whatsoever,
DESIGN/BUILDER shall satisfactorily repair and replace the same at DESIGNBUILDER'S own cost.
DESIGN/BUILDER shall maintain suitable and sufficient guards and barriers, and at night, suitable and sufficient
lighting for the prevention of accidents.
3 1.6 To all applicable Sections where preparatory work is part of work thereon, DESIGNBUILDER
shall carefilly examine surfaces over which its finished work is to be installed, laid, or applied, before
commencing with the work. DESIGNBUILDER shall not proceed with said work until defective surfaces on
which work is to be applied are corrected satisfactorily to the PROJECT MANAGER. Commencement of work
shall be considered acceptance of surfaces and conditions.
ARTICLE 32
CONTINUATION OF THE WORK
32.1 DESIGN/BUILDER shall carry on the Project and adhere to the progress schedule during all
disputes or disagreements with CITY. No work shall be delayed or postponed pending resolution of any disputes
or disagreements.
ARTICLE 33
FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
33.1 The PROJECT MANAGER shall have the right to approve and issue field orders setting forth
written interpretations of the intent of the Contract Documents and ordering minor changes in contract execution,
providing the field order involves no change in the total cost of the Project or the time of performance.
33.2 The PROJECT MANAGER shall have the right to approve and issue supplemental instructions
setting forth written orders, instructions, or interpretations concerning this Agreement or its performance,
provided they make no major changes in contract execution and involve no change in the total cost of the Project
or the time of performance.
ARTICLE 34
CHANGE ORDERS
(CHANGES IN QUANTITIES OF WORK OR CONTRACT PRICE)
34.1 Changes in the quantity or character of work within the scope of this Project, which are not
properly the subject of field orders or supplemental instructions, to include all changes resulting in changes in the
total cost of the Project or the time of performance, shall be authorized only by change orders approved and
issued by CITY.
34.2 DESIGNBUILDER shall not start work on any alteration requiring an increase in price or
extension of time for completion until a change order setting forth the adjustments is approved by CITY.
34.3 All changes to construction contracts must be approved in advance in accordance with the value
of the change order or the calculated value of the time extension. All contract change orders of Fifty Thousand
Dollars ($50,000.00) or more, and twenty percent (20%) of the contract amount, shall be approved, in advance, by
the Council. The approval of change orders less than Fifty Thousand Dollars ($50,000.00) may be approved by
the PROJECT MANAGER.
2002-017 Page 19 of 34 Agreement
34.4 In the event satisfactory adjustment cannot be reached for any item requiring a change order,
CITY reserves the right, at its own option, to either terminate this Agreement as it applies to the items in question
and make such arrangements as may be deemed necessary to complete the Project, or submit the matter in dispute
to the PROJECT MANAGER as set forth herein. During the pendency of the dispute resolution,
DESIGN/BUILDER shall proceed with the work set forth within the change order if the estimated dollar amount
of the change order is less than Fifty Thousand Dollars ($50,000.00).
34.5 On approval of any change order increasing the price, DESIGNBUILDER shall ensure that the
applicable Performance and Payment Bonds and Guarantees are each increased so that it reflects the total amount
of the Project as increased.
34.6 Change Orders may be issued unilaterally by CITY.
ARTICLE 35
VALUE OF CHANGE ORDER WORK
35.1 The value of any work covered by a Change Order or of any claim for an increase or decrease in
the Contract sum shall be determined in one of the following ways:
35.1.1 Where the work involved is covered by unit prices contained in the Contract Documents, by
application of unit prices to the quantities of items involved, subject to the provisions of Article 36 herein.
35.1.2 By mutual acceptance of a lump sum, this includes a DESIGN/BUILDER's fee for overhead and
profit and includes any subcontractor fees.
35.1.3 On the basis of the "cost of the work" determined as provided plus a DESIGNBUILDER'S fee
for overhead and profit, which is determined as, provided in the applicable provisions of this Agreement.
35.2 The term "cost of work" means the sum of all costs necessarily incurred and paid by
DESIGN/BUILDER in the proper performance of the Project. Except as otherwise may be agreed to in writing
by CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall
include only the following items, and shall not include any other costs whatsoever:
35.2.1 Payroll costs for employees in the direct employ of DESIGN/BUILDER in the performance of
the Project under schedules of job classifications agreed upon by CITY and DESIGNBUILDER. Payroll costs
for employees not employed full-time on the Project shall be apportioned on the basis of their time spent on the
Project. Payroll costs shall include, but not be limited to, salaries and wages, plus the cost of hnge benefits,
which shall include social security contributions, unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable thereto.
Such employees shall include superintendents and foremen at the Project site. The expenses of performing the
work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent
authorized by CITY. Insurance and benefits will be based on single time.
35.2.2 Cost of all materials and equipment furnished and incorporated in the Project, including costs of
transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash
discounts shall accrue to DESIGN/BUILDER unless CITY deposits funds with DESIGNBUILDER with which
to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY, and
DESIGN/BUILDER shall make provisions so that they may be obtained.
2002-017 Page 20 of34 Agreement
35.2.3 Payments made by DESIGNBUILDER to subcontractors for work performed by subcontractors.
The term subcontractor shall include architects and engineers employed for services specifically related to the
Project. If required by the PROJECT MANAGER, DESIGNBUILDER shall obtain competitive Proposals fi-om
subcontractors acceptable to DESIGNBUILDER and shall deliver such Proposals to CITY who will then
determine which Proposals will be accepted. If the subcontract provides that the subcontractors are to be paid on
the basis of cost of the work plus a fee, the subcontractors' cost of the work shall be determined in the same
manner as DESIGNBUILDER's cost of the work. Whenever a subcontractor is involved, a complete and
separate breakdown must be submitted by the subcontractor for its portion of work. All subcontractors shall be
subject to the other provisions of the Contract Documents insofar as applicable.
35.2.4 Costs of special consultants including, but not limited to, testing laboratories, surveyors, lawyers,
and accountants employed for services specifically related to the Project.
35.2.5 Supplemental costs, including the following:
35.2.5.1 The proportion of necessary transportation, travel, and subsistence expenses of
DESIGNBUILDERs employees incurred in discharge of duties connected with the Project.
35.2.5.2 Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which
are consumed in the performance of the Project, and cost less market value of such items used but not consumed
which remain the property of DESIGNBUILDER.
35.2.5.3 Rentals of all construction equipment and machinery and the parts thereof whether rented from
DESIGNBUILDER or others in accordance with rental agreements approved by CITY and the costs of
transportation, loading, unloading, installation, dismantling, and removal thereof, all in accordance with the terms
of said agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no
longer necessary for the Project. Late charges, penalties, restocking charges, and similar assessments in said
agreements will not be recognized by CITY as a supplemental cost.
35.2.5.4 Sales, use, or similar taxes related to the Project, and for which DESIGNBUILDER is liable,
imposed by any governmental authority.
35.2.5.5 Deposits lost for causes other than DESIGNBUILDER's negligence, royalty payments, and fees
for permits and licenses.
35.2.5.6 The cost of utilities, fuel, and sanitary facilities at the site.
35.2.5.7 Minor expenses such as telegrams, long-distance telephone calls, telephone service at the site,
expressage, and similar petty cash items in connection with the Project.
35.2.5.8 Cost of premiums for additional bonds and insurance required because of changes in the Project.
35.3 The term "cost of the work'' shall not include any of the following:
35.3.1 Payroll costs and other compensation of DESIGNBUILDER's officers, executive, principals (of
partnership and sole proprietorships), general managers, estimators, lawyers, auditors, accountants, purchasing
and contracting agents, expediters, timekeepers, clerks, and other personnel employed by DESIGNBUILDER
whether at the Project site or in DESIGNBUILDERs principal or branch office for general administration of the
Project and not specifically included in the agreed-upon schedule of job classifications referred to in Section
35.2.1, all of which are to be considered administrative costs covered by DESIGNBUILDER'S fee.
Page 21 of 34 Agreement 2002-017
35.3.2 Expenses of DESIGNBUILDERs principal and branch offices other than DESIGNBUILDERs
office at the Project site.
35.3.3 Any part of DESIGNBUILDERs capital expenses, including interest on DESIGN/BUILDER's
capital employed for the Project and charged against DESIGNBUILDER for delinquent payments.
35.3.4 Cost of premiums for all bonds and for all insurance whether or not DESIGNBUILDER is
required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance
required because of changes in the Project.
35.3.5 Costs due to the negligence of DESIGNBUILDER or any subcontractors, any consultants, or
anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including, but
not limited to, the correction of defective or nonconforming work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
35.3.6 Other overhead or general expense costs of any kmd and the cost of any item not specifically and
expressly included in Section 35.2.
35.4 DESIGNBUILDER's fee allowed to DESIGNBUILDER for overhead and profit shall be
determined as follows:
35.4.1 A mutually acceptable fixed fee, which shall not exceed percentages, set forth below; or if none
can be agreed upon,
35.4.2 A fee based on the following percentages of the various portions of the cost of the work:
35.4.2.1 For costs incurred under Sections 35.2, 35.2.1 and 35.2.2, DESIGNBUILDER'S fees shall not
exceed ten percent (1 0%);
35.4.2.2 For costs incurred under Sections 35.2.3 or 35.2.4, DESIGNBUILDERs fee shall not exceed
five percent (5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to
the subcontractor as a fee for overhead and profit shall not exceed ten percent (1 0%); and
35.4.2.3 No fee shall be payable on the basis of cost itemized under Sections 35.2.5 and 35.3.
35.5 The amount of credit to be allowed by DESIGNBUILDER to CITY for any such change, which
results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits
are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase,
if any.
35.6 Whenever the cost of any work is to be determined pursuant to Sections 35.1 through 35.2.4,
DESIGNBUILDER will submit, in a form acceptable to the PROJECT MANAGER, an itemized cost breakdown
together with the supporting data.
35.7 Where the quantity of work with respect to any item that is covered by a unit price is increased or
decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract
Documents, an appropriate change order may be issued to adjust the unit price, if warranted.
35.8 Whenever a change in the work is to be based on mutual acceptance of a lump sum, whether the
amount is an addition, credit, or no-change-in-cost, DESIGN/BUILDER shall promptly submit to the PROJECT
2002-017 Page 22 of 34 Agreement
R an estimate substantiated by a complete itemized breakdown.
55.8.1 Breakdown shall list quantities and unit prices for materials, labor, equipment, and other items of
35.8.2 Whenever a change involves DESIGNBUILDER and one or more subcontractors or consultants
the change is an increase in the contract price, overhead, and profit percentages for DESIGNBUILDER and
;h subcontractor or consultant shall be itemized separately.
35.9 Each change order must state within the body of the change order whether it is based upon unit
price, negotiated lump sum, or ''cost of work."
ARTICLE 36
CHANGE OF CONTRACT TIME OR CONTRACT SUM
36.1 The contract time set forth in Article 6 or the fee to be paid to DESIGNBUILDER may only be
changed by a change order. Any claim for an extension of the contract time or for an increase in the fee to be paid
to DESIGNBUILDER shall be based on written notice delivered by the party making the claim to the PROJECT
MANAGER promptly (but in no event later than seven (7) calendar days after the occurrence of the event giving
rise to the claim and stating the general nature of the claim). Notice of the extent of the claim with supporting
data shall be delivered within sixty (60) calendar days after such occurrence (unless PROJECT MANAGER
allows, in writing, an additional period of time to ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which
the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for
adjustment in the contract time or for an increase in the fee to be paid to DESIGNBUILDER shall be determined
by the PROJECT MANAGER in accordance with Article 10. No claim for an adjustment in the contract time or
for an increase in the fee to be paid to DESIGNBUILDER will be valid if not submitted in strict accordance with
the requirements of this Article.
36.2 The contract time will be extended in an amount equal to time lost due to days beyond the control
of and through no fault or negligence of DESIGNBUILDER if a claim is made therefore as provided in Article
36.1. Such delays shall include, but not be limited to, acts of neglect by CITY, or by any employee of CITY, or
any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions,
or acts of God.
ARTICLE 37
NO DAMAGES FOR DELAY
37.1 REGARDLESS OF ANY PROVISION TO THE CONTRARY, NO CLAIM FOR DAMAGES
OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED
AGAINST CITY BY REASON OF ANY DELAYS. DESIGNBUILDER shall not be entitled to an increase in
the Contract Sum or payment or compensation of any kind from CITY for direct, indirect, consequential, impact
or other costs, expenses, or damages, including, but not limited to, costs of acceleration or inefficiency, arising
because of delay, disruption, interference, or hindrance from any cause whatsoever, whether such delay,
disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable. DESIGNBUILDER shall be entitled only to extensions of the contract time as the sole and
exclusive remedy for such resulting delays, in accordance with and to the extent specifically provided above.
2002-0 1 7 Page 23 of 34 Agreement
ARTICLE 38
SUBSTANTIAL COMPLETION
38.1 When DESIGNBUILDER considers that the Project, or a designa.:d portion thereof which is
acceptable to CITY, is substantially complete, and all certificates of occupancy have been obtained,
DESIGNBUILDER shall so notify the PROJECT MANAGER in writing and shall prepare for submission to the
PROJECT MANAGER a thorough list of items to be completed or corrected, together with a schedule for
completion of all items. The failure to include any items on such list does not alter the responsibility of
DESIGNBUILDER to complete all work in accordance with the Contract Documents.
38.2 The PROJECT MANAGER shall conduct an inspection to determine that the Project or
designated portion thereof is substantially complete. The PROJECT MANAGER will then instruct
DESIGNBUILDER to prepare and deliver to the PROJECT MANAGER a Certificate of Substantial Completion,
which shall establish the date of Substantial Completion. After review of the Certificate by the PROJECT
MANAGER, CITY shall either accept or reject the Certificate. The PROJECT MANAGER shall fix the time
within which DESIGNBUILDER shall complete the items listed therein. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion. The Certificate of Substantial Completion
shall be submitted to CITY through the PROJECT MANAGER and DESIGNBUILDER for their written
acceptance of the responsibilities assigned to them in such Certificate.
ARTICLE 39
SHOP DRAWINGS
39.1 DESIGNBUILDER shall submit Shop Drawings for all equipment, apparatus, machinery,
fixtures, piping, wiring, fabricated structures, and manufactured articles. The purpose of the Shop Drawings is to
show the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and
evidence of its compliance or noncompliance with the Contract Documents.
39.2 DESIGNBUILDER shall submit to the PROJECT MANAGER a complete list of preliminary
data on items for which Shop Drawings are to be submitted. Approval of this list by the PROJECT MANAGER
shall in no way relieve DESIGNBUILDER from submitting complete Shop Drawings and providing materials,
equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite
final approval of Shop Drawings.
39.3 After the approval of the list of items required in Section 39.2 above, DESIGNBUILDER shall
promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers.
39.4 DESIGNBUILDER shall thoroughly review and check the Shop Drawings and each and every
copy shall show DESIGNBUILDERs approval thereon.
39.5 If the Shop Drawings show or indicate departures from the Contract requirements,
DESIGNBUILDER shall make specific mention thereof in its letter of transmittal. Failure to point out such
departures shall not relieve DESIGNBUILDER from its responsibility to comply with the Contract Documents.
39.6 No work called for by Shop Drawings shall be done until the said Drawings have been approved
Approval shall not relieve DESIGNBUILDER and Consultant from by the PROJECT MANAGER.
responsibility for errors or omissions of any sort on the Shop Drawings.
39.7 No approval will be given to partial submittal of Shop Drawings for items, which interconnect
and/or are interdependent. It is DESIGNIBUILDER's responsibility to assemble the Shop Drawings for all such
2002-017 Page 24 of 34 Agreement
interconnecting andor interdependent items, check them itself and then make one (1) submittal to the PROJECT
MANAGER along with DESIGNBUILDER's comments as to compliance, noncompliance, or features requiring
special attention.
39.8 If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings,
any additional information or changes on such drawings shall be typewritten or lettered in ink.
39.9 DESIGNBUILDER shall submit to the PROJECT MANAGER the number of copies required by
the PROJECT MANAGER. Resubmissions of Shop Drawings shall be made in the same quantity until final
approval is obtained.
39.10 The PROJECT MANAGER'S approval of the Shop Drawings will be general and shall not
relieve DESIGNBUILDER of responsibility for the accuracy of such Drawings, nor for the proper fittings and
construction of the work, nor for the furnishing of the materials or work required by the Contract and not
indicated on the Drawings. No work called for by Shop Drawings shall be done until the said Drawings have
been approved by the PROJECT MANAGER. Approval shall not relieve DESIGNBUILDER from
responsibility for errors or omissions of any sort on the Shop Drawings.
39.11 DESIGNBUILDER shall keep one set of Shop Drawings marked with the PROJECT
MANAGERS approval at the Project site at all times.
ARTICLE 40
FIELD ENGINEERING
40.1 DESIGNBUILDER shall provide and pay for field engineering services required for the Project.
This work shall include the following elements:
40.1.1 Survey work required in execution of the Project.
40.1.2 Civil, structural, or other professional engineering services specified or required to execute
DESIGNBUILDER's construction methods.
ARTICLE 4 1
FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
41.1 The entire responsibility for establishing and maintaining a line and grade in the field lies with
DESIGNBUILDER. DESIGNBUILDER shall maintain an accurate and precise record of the location and
elevation of all pipelines, conduits, structures, manholes, handholds, fittings, and the like and shall deliver these
records in good order to the PROJECT MANAGER as the work is completed. These records shall serve as a
basis for record drawings. The cost of all such field layout and recording work is included in the prices Proposal
for the appropriate items
41.2 DESIGNBUILDER shall maintain in a safe place at the site one (1) record copy of all Drawings
(Plans), Specifications, Addenda, written amendments, Change Orders, and written interpretations and
clarifications in good order, annotated to show all changes made during construction, and in a format compatible
with CADD equipment. These record documents, together with all approved samples and a counterpart of all
approved Shop Drawings, will be available to the PROJECT MANAGER for reference. Upon completion of the
Project, these record documents, samples, and Shop Drawings shall be delivered to the PROJECT MANAGER.
41.3 At the completion of the Project, DESIGNBUILDER shall turn over to CITY a set of
reproducible drawings (Mylars), which accurately reflect the "as-built" conditions of the new facility and in a
Agreement 2002-01 7 Page 25 of 34
format compatible with the CITY'S CADD equipment. All changes made to the construction documents, either as
clarifications or as changes, will be reflected in the plans. The changes shall be submitted on Mylar at least
monthly to the PROJECT MANAGER. These "as-built" drawings must be signed & sealed by a Registered
Florida Engineer or Architect and must be delivered and found to be acceptable prior to final payments.
ARTICLE 42
SAFETY AND PROTECTION
42.1 DESIGNBUILDER shall be responsible for initiating, maintaining, and supervising all safety
DESIGNBUILDER shall take all necessary precautions and programs in connection with the Project.
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:
42.1.1 All employees on the Project and other persons who may be affected thereby;
42.1.2 All the work and all materials or equipment to be incorporated therein, whether in storage on or
off the Project site; and
42.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of
construction.
42.2 DESIGNBUILDER shall comply with all applicable laws, ordinances, rules, codes, directives,
guidelines, regulations, and orders of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury, or loss, and shall erect and maintain all necessary safeguards for such safety
and protection. DESIGNBUILDER shall notify owners of adjacent property and utilities when prosecution of
the work may affect them. All damage, injury or loss to any property referred to in Sections 42.1.2 and 42.1.3
above, caused directly or indirectly, in whole or in part, by DESIGNBUILDER, any subcontractor or consultant
or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,
shall be remedied by DESIGNBUILDER. DESIGNBUILDER's duties and responsibilities for the safety and
protection of the Project shall continue until such time as all the Project is completed, and the PROJECT
MANAGER has issued a notice to DESIGNBUILDER that the Project is acceptable except as otherwise
provided in Article 27, Use of Comdeted Portions.
42.3 DESIGNBUILDER shall designate a responsible member of its organization at the Project site
This person shall be DESIGNBUILDER's Designated whose duty shall be the prevention of accidents.
Representative unless otherwise designated in writing by DESIGNEWILDER to CITY.
ARTICLE 43
PAYMENT FOR TESTS BY DESIGNBUILDER
43.1 Except when otherwise specified in the Contract Documents, the expense of all tests and test
reports shall be borne by DESIGNBUILDER.
ARTICLE 44
PROJECT SIGNAGE
44.1 DESIGNBUILDER shall furnish and erect one construction sign at the Project site as directed by
the PROJECT MANAGER. DESIGNBUILDER may install signage at the site subject to approval by the
PROJECT MANAGER.
2002-017 Page 26 of 34 Agreement
ARTICLE 45
CLEANING UP AND REMOVAL OF EQUIPMENT
45.1 DESIGNBUILDER shall at all times keep the Project site free from accumulation of waste
materials or rubbish caused by DESIGNBUILDER's operations. At the completion of the Project,
DESIGNBUILDER shall remove all its waste materials and rubbish from and about the Project as well as its
tools, construction equipment, machinery and surplus materials. If DESIGNBUILDER fails to clean up at the
completion of the Project, CITY may do so, and the cost thereof shall be charged to DESIGNBUILDER.
45.2 CITY'S Right to Clean Up - If a dispute arises between DESIGNBUILDER and separate
contractors as to responsibility for cleaning up, CITY may clean up, and charge the cost thereof to the contractors
responsible therefore as the PROJECT MANAGER shall determine to be just.
45.3 Removal of Eauipment - In case of termination of this Agreement before completion for any
cause whatever, DESIGNBUILDER, if notified to do so by CITY, shall promptly remove any part or all of
DESIGNBUILDER's equipment and supplies from the property of CITY, failing which CITY shall have the right
to remove such equipment and supplies at the expense of DESIGNBUILDER.
ARTICLE 46
BONDS. INDEMNIFICATION AND INSURANCE
Within fifteen (15) days of being notified of the award of this Project, DESIGNBUILDER shall furnish a
Performance and Payment Guaranty consisting of either:
46.1 Performance and Payment Bond (Surety)
46.1.1 A Performance and Payment Bond (separate Performance Bond and separate Payment Bond) of
the form and containing all the provisions of the Performance and Payment Bond (Performance Bond and
Payment Bond forms) attached hereto and made a part hereof.
46.1.2 The Bonds shall be in the amount of one hundred percent (100%) of the Contract amount
guaranteeing to CITY the completion and performance of the Project covered in this Agreement, as well as full
payment of all suppliers, material men, laborers, or subcontractors employed pursuant to this Project. Such Bonds
shall be with a surety company, which is qualified pursuant to Section 46.3, Qualifications of Surety.
46.1.3 Such Bonds shall continue in effect for one (1) year after completion and acceptance of the
Project with liability equal to one hundred percent (100%) of the Contract price, or an additional bond shall be
conditioned that DESIGNBUILDER will, upon notification by CITY, correct any defective or faulty work or
materials which appear within one (1) year after completion of the Contract.
46.2 Performance and Pavment Guaranty
46.2.1 In lieu of a Performance and Payment Bond, DESIGN/BUILDER may furnish an alternate form
of security, which may be in the form of cash, money order, certified check, cashier's check, or irrevocable letter
of credit. Such alternate forms of security shall be for the same purpose, shall be subject to the same conditions as
those applicable above, and shall be held by CITY for one (1) year after completion and acceptance of the Project.
46.3 Qualifications of Surety
46.3.1 A Performance Bond and separate Payment Bond must be executed by a surety company shown
2002-017 Page 27 of 34 Agreement
on the United States Treasury approved list of companies and also authorized to do business in the State of
Florida. Both bonds shall show CITY as obligee.
Amount of Bond
46.3.2 The surety company shall have at least the following minimum ratings in the latest version of
Best’s Insurance Report:
Policyholder’s Best,s Financial
Ratings
500,OO 1 to 1,000,000
1 ,ooo,oo 1 to 2,000,000
2,000,001 to 5,000,000
5,000,001 to 10,000,000
10,000,001 to 25,000,000
Size Category
B+ Class I
B+ Class I1
A Class I11
A Class IV
A Class V
25,000,001 to 50,000,000
50,000,001 or more
46.4 Indemnification of City
A Class VI
A Class VI1
46.4.1 DESIGNBUILDER shall indemnify and hold harmless the City, and its officers and employees,
from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the DESIGNBUILDER and other
persons employed or utilized by DESIGN/BUILDER in the performance of the contract.
46.4.2 The indemnification provided above shall obligate DESIGNBUILDER to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the
City Attorney’s option, any and all claims of liability and all suits and actions of every name and description that
may be brought against CITY which may result from the operations and activities under this Agreement whether
performed by DESIGNBUILDER, its subcontractors, its consultants, or by anyone directly or indirectly
employed by any of the above.
46.4.3 The execution of this Agreement by DESIGNBUILDER shall obligate DESIGNBUILDER to
comply with the foregoing indemnification provision; however, the collateral obligation of insuring this
indemnity must be complied with as set forth in Section 46.4.
46.4.4 The Payment and Performance Bond required herein shall be in conformance with Florida
Statutes 255.05 et. seq. and shall be on such forms provided by the CITY.
46.5 Insurance - DESIGNBUILDER shall provide, pay for, and maintain in force at all times during
the Project, such insurance, including Workers’ Compensation Insurance, Employer’s Liability Insurance,
Comprehensive General Liability Insurance, and shall require Consultant to provide, pay for, and maintain in
force at all times during the Project Professional Liability Insurance, as will assure to CITY the protection
contained in the foregoing indemnification and save harmless clauses undertaken by DESIGNBUILDER. The
Comprehensive General Liability Policy shall clearly identify the foregoing indemnification and save harmless
clauses by the additional named insured endorsement under this Article.
Such policy or policies shall be issued by companies authorized to do business in the State of Florida and
have a resident agent licensed in Florida. DESIGNBUILDER shall specifically protect CITY by naming CITY
as an additional named insured under the Comprehensive General Liability Insurance Policy hereinafter
Agreement 2002-017 Page 28 of 34
described. The Professional Liability Policy or certificate and the bond shall reference this Project.
46.5.1 Professional Liabilitv Insurance with limits of liability provided by such policy not less than One
Million Dollars ($1,000,000.00) each claim to assure CITY the indemnification specified herein. Such policy
may carry a deductible; however, any deductible shall not exceed Fifty Thousand Dollars ($50,000.00) for each
claim. The Certificate of Insurance for Professional Liability Insurance shall reference the applicable deductible
and the Project.
46.5.2 Workers' Compensation Insurance to apply for all employees in compliance with the "Workers'
Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must
include Employer's Liability with limits of One Hundred Thousand Dollars ($100,OOO.00) per occurrence.
46.5.3 Comprehensive General Liabilitv with minimum limits of One Million Dollars ($1,000,000.00)
per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability must include:
a.
b. Independent contractors.
C.
d.
e. Broad Form Property Damage.
f.
8.
Premises andor Operations on an occurrence basis.
Products andor Completed Operations Liability on an occurrence basis.
Explosion, Collapse, and Underground Coverages.
Broad Form Contractual Coverage applicable to this specific Agreement, including any hold
harmless and/or indemnification agreement.
Personal Injury Coverage with Employees and Contractual Exclusions removed with minimum
limits of coverage equal to those required for Bodily Injury Liability and Property Damage
Liability.
46.5.4 Business Automobile Liabilitv with minimum limits of Three Hundred Thousand Dollars
($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile
Liability Policy, without restrictive endorsements, as filed by the Insurance Services Ofice and must include:
Owned vehicles.
Non-owned and hired vehicles.
46.5.5 Builder's Risk Insurance coverage shall be "all risk" with limits equal to One Hundred Percent
(1 00%) of the completed value of the structure(s), building(s), or addition(s). Where the contract calls for the
install of machinery or equipment, the policy must be endorsed to provide coverage on an "all risk" basis during
transit and installation. The Builder's Risk policy is issued with a deductible not to exceed Fifty Thousand
Dollars ($50,000.00) for any peril insured.
46.5.6 Notice of Cancellation, Expiration, andor Restriction: The policy (ies) must be endorsed to
provide CITY with thirty (30) days advanced written notice of cancellation, expiration, andor restriction, to the
attention of the PROJECT MANAGER, 10500 North Military Trail, Palm Beach Gardens, FL 33410.
46.5.7 DESIGN/BUILDER shall hrnish to the PROJECT MANAGER Certificate(s) of Insurance
evidencing the insurance coverages required herein prior to final award by the Board. Such certificate@) shall
reference this Agreement. CITY reserves the right to require a certified copy of such policies upon request. All
certificates shall state that CITY shall be given thirty (30) days prior written notice of cancellation andor
expiration.
46.5.8 The official title of the owner is "City of Palm Beach Gardens." This official title shall be used in
2002-017 Page 29 of 34 Agreement
all insurance or other legal documentation. CITY is to be included as "Additional Insured" with respect to
liability arising out of operations performed for CITY by or on behalf of DESIGNBUILDER or acts or omissions
of DESIGNBUILDER in connection with such operation.
ARTICLE 47
MISCELLANEOUS
47.1 Royalties and Patents - All fees, royalties, and claims for any invention, or pretended invention,
or patent of any article, material, arrangement appliance or method that may be used upon or in any manner be
connected with the construction of this Project or appurtenances, are hereby included in the prices stipulated in
this Agreement for said Project.
47.2 Rights of Various Interests - Whenever work being done by CITY's forces or by other contractors
is contiguous to work covered by this Agreement, the respective rights of the various interests involved shall be
established by the PROJECT MANAGER to secure the completion of the various portions of the work in general
harmony.
47.3 Ownershiu of Documents - Drawings, specifications, designs, models, photographs, computer
CADD discs, reports, surveys, and other data provided in connection with this Agreement are and shall become
and remain the property of CITY whether the Project for which they are made is executed or not. At the
completion of the Project, as a part of the Project closeout, copies of all drawings on CADD shall be transmitted
by DESIGNBUILDER to the PROJECT MANAGER in addition to the as-built drawings (Mylars).
47.4 Records - DESIGN/BUILDER shall keep such records and accounts and require any and all
architects, consultants, and subcontractors to keep records and accounts as may be necessary in order to record
complete and correct entries as to personnel hours charged to this engagement. Such books and records will be
available at all reasonable times for examination and audit by CITY and for the required retention period of the
Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or if the Florida Public Records Act is
not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been
initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever
is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida
Public Records Act is determined by CITY to be applicable to DESIGNBUILDER's records,
DESIGNBUILDER shall comply with all requirements thereof; however, no confidentiality or nondisclosure
requirement of either federal or state law shall be violated by DESIGNBUILDER. Any incomplete or incorrect
entry in such books, records, and accounts shall be a basis for CITY's disallowance and recovery of any payment
upon such entry.
47.5 No Contingent Fee - DESIGNBUILDER warrants that it has not employed or retained any
company or person, other than a bona fide employee worlung solely for DESIGNBUILDER, to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for DESIGNBUILDER, any fee, commission, percentage, gft,
or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach
or violation of this provision, CITY shall have the right to terminate this Agreement without liability at its
discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
47.6 Remesentative of City and Desiduilder
47.6.1 It is recognized that questions in the day-to-day conduct of the Project will arise. All
communications pertaining to the day-to-day conduct of the Project shall be addressed to the PROJECT
MANAGER.
Agreement 2002-017 Page 30 of 34
47.6.2 DESIGNBUILDER shall inform the PROJECT MANAGER in writing of the representative of
DESIGNBUILDER to whom matters involving the day-to-day conduct of the Project shall be addressed.
47.7 All Prior Agreements Superseded; Amendments - The Contract Documents incorporate and
include all prior negotiations, correspondence, conversations, agreements or understandings applicable to the
matters contained herein, and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in the Contract Documents. Accordingly,
it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
It is further agreed that no modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document executed with the same formality and of equal
dignity herewith.
47.8 Notices - Whenever either party desires to give notice unto the other, it must be given by written
notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is
intended, at the place last specified; and the place for giving of notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving of notice, to-wit:
For CITY:
Todd Engle, Construction Services Director
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
For DESIGNBUILDER:
47.9 Truth-In-Negotiation Certificate - Signature of this Agreement by DESIGNBUILDER shall act
as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting
the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original
Contract Price and any additions thereto shall be adjusted to exclude any significant sums, by which CITY
determines the Contract Price was increased due to inaccurate, incomplete, or non-current wage rates and other
factual unit costs. All such contract adjustments shall be made within one (1) year following the end of this
Agreement.
47.10 Interpretation - The parties hereto acknowledge and agree that the language used in this
Agreement expresses their mutual intent, and no rule of strict construction shall apply to either party hereto. The
headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning
or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender,
and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as
"herein, "hereof," "hereunder," and l'hereinafterll refer to this Agreement as a whole and not to the particular
sentence, paragraph, or Section where they appear, unless the context requires otherwise. Whenever reference is
made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all
of the subsections and subparagraphs of such Section or Article, unless the reference is expressly made to a
particular subsection or subparagraph of such Section or Article.
2002-017 Page 3 1 of 34 Agreement
47.1 1 Condition Precedent to Agreement - It is understood by the parties to this Agreement that all
duties and obligations as set forth herein for the Design and Construction Phases of the Project (with
accompanying Support Facilities, if applicable), including the issuance of any Notice to Proceed, are contingent
upon and shall not be binding upon CITY until such time as DESIGNBUILDER has obtained all necessary
permits, authorizations, zoning designations, variances, and approvals of whatever nature from the appropriate
governmental entities or regulatory bodies that may be required for the construction of the Project with
accompanying support facilities as set forth in Article 5 entitled SCOPE OF WORK, and delineated in the
drawings to be prepared by DESIGNBUILDER and approved by CITY.
The parties hereto acknowledge that as of the date of execution of this Agreement certain necessary
governmental approvals, including, but not limited to, those matters set forth above, may not have been obtained
by DESIGNBUILDER in order to lawfully commence the Project. CITY shall not be responsible or liable for
any damages of any nature whatsoever, including but not limited to, direct, indirect, consequential, impact or
other costs and expenses, which may arise as a result of, or connected to, the failure of any governmental entity,
other than CITY, refusing to grant any necessary approval, permit, variance, or any other required consent which
may be necessary to commence construction of the Project, or which may arise as a result of any delay in the
granting of any such approval, permit, variance or other required consent.
47.12 Environmental Regulations - CITY reserves the right to consider a DESIGNBUILDER's history
of citations and/or violations of environmental regulations in investigating a DESIGNBUILDER's responsibility,
and further reserves the right to declare a DESIGNBUILDER not responsible if the history of violations warrant
such determination in the opinion of CITY. DESIGN/BUILDER shall noti5 CITY immediately of notice of any
citation or violation, which DESIGNBUILDER may receive during the time of performance of this contract.
47.13 Cooperative Purchasing Am-eement - DESIGNBUILDER agrees that its acceptance of the terms
and conditions of this Agreement also constitutes a proposal to all state agencies, political subdivisions, and
municipalities of the State of Florida under the same conditions, for the same prices, and for the same effective
period as this Agreement, should DESIGNBUILDER deem it in the best interest of its business to do so.
This Agreement in no way restricts or interferes with any state agency or political subdivision of the State
of Florida, or Florida municipality, to re-propose any or all items for its own purposes. DESIGNBUILDER
agrees that CITY shall be the priority party over any other parties utilizing this Agreement or any portion thereof
for work performed by DESIGNBUILDER, and that DESIGN/BUILDER shall perform its work for CITY first.
47.14 Applicable Law and Venue - This Agreement shall be interpreted and construed in accordance
with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in
Palm Beach County, Florida.
47.15 Public Entitv Crime Statement - DESIGN/BUILDER acknowledges the existence of Section
287.133(2)(a), Florida Statutes ("Public Entity Crimes Act"), which provides, in part, that 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 CITY, may not submit a Proposal on a contract with
CITY for the construction or repair of a public building or public work, may not submit Proposals on leases of
real property to CITY, may not be awarded or perform work as a DESIGN/BUILDER, supplier, subcontractor, or
consultant under a contract with CITY, and may not transact business with CITY in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list. Violation of this Section by
DESIGNDUILDER shall result in termination of this Agreement by CITY without penalty.
47.16 Joint Preuaration - The preparation of this Agreement has been a joint effort of the parties, and
2002-01 7 Page 32 of 34 Agreement
the resulting document shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other by virtue of the fact that it may have been physically prepared by one party or its
attorneys.
47.17 Severance - In the event this Agreement or a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or
DESIGNBUILDER elects to terminate this Agreement. The election to terminate this Agreement based upon
this provision shall be made within seven (7) days after the finding by the court becomes final.
47.18 Waiver - No waiver of any provision of this Agreement shall be effective unless it is in writing,
signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the
specific instance to which it relates and shall not be deemed to be a continuing or future waiver.
47.19 Drug-Free Workdace - Execution of this Agreement by DESIGN/BUILDER shall serve as
DESIGN/BUILDER's certification that it either has or that it will establish a drug-free workplace consistent with
Chapter 112.0455, Florida Statutes.
47.20 Conflicts - Neither DESIGN/BUILDER nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with
DESIGNBUILDER's loyal and conscientious exercise of judgment related to its performance under this
Agreement.
DESIGNBUILDER agrees that none of its employees shall, during the term of this Agreement, serve as
an adverse or hostile expert witness against CITY in any legal or administrative proceeding in which he or she is
not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or
writing, as an expression of his or her opinion, which is adverse or prejudicial to the interests of CITY in any such
pending or threatened legal or administrative proceeding. The limitations of this Section shall not preclude such
persons from representing themselves in any action or in any administrative or legal proceeding regarding this
Agreement.
In the event DESIGN/BUILDER is permitted to utilize subcontractors to perform any services required
by this Agreement, DESIGNBUILDER agrees to prohibit such subcontractors, by written contract, from having
any conflicts as within the meaning of this Section.
ARTICLE 48
SALES TAX INFORMATION
48.1 The Owner Direct Special Conditions (Sales Tax Information) are incorporated herein by
reference.
(ne remainder of this Dape intentionallv left blank)
2002-017 Page 33 of 34 Agreement
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective
dates under each signature: CITY through its CITY COUNCIL signing by and through its Mayor, authorized to
execute same by Council action on the , 2005, and,
signing by and through its President, duly authorized to execute same.
day of
ATTEST:
By:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Chstine P. Tatum, City Attorney
WITNESSES:
By:
By:
ATTEST:
CITY OF PALM BEACH GARDENS, a municipal
corporation of the State of Florida
By:
Eric Jablin, Mayor
By:
(Secretary)
2002-017
(Corporate Seal)
Page 34 of 34 Agreement
CERTIFICATE AS TO CORPORATE PRINCIPAL
This form must be submitted prior to award in conjunction with Payment and Performance Bond.
I, , certify that I am the Secretary of
the Corporation named as Principal in the foregoing Performance and Payment Bond; that
who signed the bond on behalf of the Principal, was
then of said Corporation; that I know said signature; and said
signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and in
behalf of said Corporation by authority of its governing body.
(Seal)
As Secretary of
~~ ~ (Name of CorporatiKn)
STATE OF FLORIDA
COUNTY OF
day of
. He/She is
personally known to me or has presented as
identification. Who being so duly sworn, did depose and say that he/she is
of the DESIGNBUILDER above mentioned; that
he/she executed the foregoing Performance and Payment Bond on behalf of said
DESIGNh3UILDER; and that all of the statements contained therein are true, correct, and
complete.
Subscribed and sworn to (or affirmed) before me on this
by
2002-01 7
Notary Public, State of Florida at Large
My Commission Expires:
Page 1 of 1 Certificate as to Corporate Principal
SUXETY
company:
SiaJre: signawe:
Name md title: Nuw; and Tide:
(Am& Power of Atrorncy)
Slgd;ultn:
Name and Title:
WCDC NO. 1910-28-A (1996 Edici~n) -y ~mqb ioia d sw ~rroci\tia A-. htutn JO~C c~mi DOCU-U cammi-. enc"!
CoDmcan &America. ad du Am- KBmicuccd Anafocco.
Thh Bond is executed pursuant to Florida Statues Section 255.05 or Section 713.23.
whichever is applicable and is subject to the notice and time limltatlon proviaiona.
.. -
(POR INPORMATlON ONLY-Nm, Addre= .nd T~lephoac)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Enginocr OK olher party):
PERFORMANCE BOND
Payment Bond
CONTRACTOR AS PRINCIPAL sum comprqy: (cap. sui) compmy:
S&N#e: signanuc:
Nunc tnd Title: Nunc uxt Titk: . (A- Power of AEOoracy)
Sigauun:
Nunt ad TiUc:
erCK No. 1910-28-8 (1996 Edwoa)
wiy pqud euuf&h ocpr Cft~ dlbc smay Ar#ciHion of Ad. Eltgiiaocn Id canrrc( LNumbuu t3Xube. &le AUchmd Guurl -mn
dAatclu.cbr~Ir*lub~~(scq~u~~A~~Qhaocbad~~-
ThLe Bond &s txecuted pursuant to Florida Statutee Section 255.05 or Section 713.23, which-
ever is applicable and is eubject to the notice and time limitation provisions.
(tbOR INFORMATION ONLY-NUIIC. Addrer~ d T~lephoae)
AGENCY or BROIKER: OWNER'S REPRESENTATIVE (engineer or o&a party):
OPINION OF ATTORNEY
This is to certify that I have examined the attached Contract Documents, that after such
examination I am of the opinion that the execution of the Contract, and the Performance Bond
and Payment Bond to be provided are to be in due and proper form.
City Attorney
This day of 9
2002-017 Page 1 of 1 Opinion of Attorney
APPLICATION FOR PAYMENT NO.
Project: Sandhill Crane Access Park
Start Date: Completion Date:
City Project Number: 2002-017
Application is made for payment, as hereinafter shown, in connection with thls Contract:
Total Work to Date - see attached schedule $
Total Material Suitably Stored - see attached schedule $
Gross Amount Due $
Less % Retainage $
Amount Due to Date $
Less Previous Applications $
Amount Due This Application $
Original Contract Price $
Net Change Orders $
Current Contract Price $
Value of Work Remaining to be Done $
Contractor's Certification:
The undersigned Contractor certifies that (1) all previous progress payments received from Owner on
account of Work done under the Agreement referred to above have been applied to discharge in full all
obligations of Contractor incurred in connection with Work covered by prior Applications for Payment
numbered 1 through , inclusive; and (2) title to all materials and equipment incorporated in said
Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of
payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by
Bond acceptable to Owner).
Dated: 9- Contractor:
Mailing Address:
State of
County of
BY (Name and Title)
Subscribed and Sworn to (or affirmed) before me on this day of
by . HeIShe is personally known to me or has
presented as identification. Who being so duly sworn, did
depose and say that helshe is of the Contractor above mentioned; that
helshe executed the above Application for Payment and statement on behalf of said Contractor; and that all
of the statements contained therein are true, correct, and complete.
Notary Public Signature and Seal
Payment of the above AMOUNT DUE THIS APPLICATION is recommended.
Print Notary Name and Commission No.
CITY'S CIVIL ENGINEER
Date:
2002-01 7
By:
(Name) (Title)
Page 1 of 1 Application for Payment
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: Sandhill Crane Access Park
CITY PROJECT NUMBER: 2002-017
CONTRACTOR:
DATE OF ISSUANCE: NOTICE TO PROCEED DATE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The work performed under this Contract has been reviewed and found to be substantially
complete and all documents required to be submitted by CONTRACTOR under the Contract
Documents have been received and accepted. The Date of Substantial Completion of the Project
or portion thereof designated above is hereby established as
which is also the date of commencement of applicable warranties required by the Contract
Documents, except as stated below.
Definition of Date of Substantial Completion
The Date of Substantial Completion of the work or portion thereof designated by CITY is the date
certified by CITY when all conditions and requirements of permits and regulatory agencies have
been satisfied and the Work is sufficiently complete in accordance with the contract Documents,
so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must
be issued for Substantial Completion to be achieved; however, the issuance of a Certificate of
Occupancy or the date thereof are not to be determinative of the achievement or date of
Substantial Completion.
A list of items to be completed or corrected, prepared by CITY, is attached hereto. The failure to
include any items on such list does not alter the responsibility of CONTRACTOR to complete all
work in accordance with the Contract Documents. The date of commencement of warranties for
items on the attached list will be the date of final payment unless otherwise agreed in writing.
CONTRACTOR
By: DATE:
Print Name:
In accordance with Section 6.2 of the Agreement, CONTRACTOR will complete or correct the
work on the list of items attached hereto within days from substantial completion.
CONTRACTOR
By:
Print Name:
2002-017 Page 1 of 2
DATE:
Certificate of Substantial Completion
CITY through the CITY Engineer accepts the Work or portion thereof designated by CITY as
substantially complete and will assume full possession thereof at (time) on
(date).
CITY OF PALM BEACH GARDENS
By: DATE:
Director of Construction Services
The responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities,
damage to the Work and insurance shall be as follows:
2002-017 Page 2 of 2 Certificate of Substantial Completion
FORM OF FINAL RECEIPT
Received this day of
Gardens, the sum of
Project described as:
, -9 from City of Palm Beach
as full and final payment to CONTRACTOR for all work and materials for the
Sandhill Crane Access Park
This sum includes full and final payment for all extra work and material and all incidentals.
CONTRACTOR hereby indemnifies and releases City of Palm Beach Gardens from all
liens and claims whatsoever arising out of the Contract and Project.
CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials
or supplies for the Project have been paid in full. In lieu of this certification regarding payment
for work, materials, and supplies, CONTRACTOR may submit a consent of surety to final
payment in a form satisfactory to CITY.
CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes
(Sales and Use Tax Act), as amended, have been paid and discharged.
(If incorporated, sign below.)
ATTEST: CONTRACTOR
Secretary Name
(CORPORATE SEAL)
2002-01 7
By:
Title
Date:
Page 1 of 1 Form of Final Receipt
BILL OF SALE, ABSOLUTE
KNOWN ALL MEN BY THESE PRESENTS, that 7
a corporation of County, Florida, party of the first part, for an in consideration of the sum of
Ten and No/100 ($10.00) lawful money of the United States, to it paid by CITY OF PALM BEACH
GARDENS, a political subdivision of the State of Florida, 10500 North Military Trail, Palm Beach Gardens,
Palm Beach County, Florida 33410, party of the second part, the receipt whereof is hereby acknowledged has
granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and
deliver unto the said party of the second party, its executors, administrators and assigns, the following goods
and chattels:
Project Name: Sandhill Crane Access Park, City Proiect Number 2002-017 consisting of
the components set forth in the final schedule of values as described in Exhibit “A”, attached
hereto and made a part hereof.
TO HAVE AND TO HOLD the same unto the said party of the second part, its executors,
administrators and assigns forever.
AND, it does, for itself and its successors and assigns covenant to and with the said party of the
second part, its successors and assigns, that it is the lawful owner of the said goods and chattels; that they are
free from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend
the sale of the said property, goods and chattels hereby made, unto the said party of the second part its
successors and assigns against the lawful claims and demands of all persons whomsoever.
IN WITNESS WHEREOF, it has hereunto set its hand and seal this day of
Signed, sealed and delivered
in the presence of:
WITNESSES:
Signature
Print Name
Signature
Name:
Title:
[Corporate Seal]
Print Name
The foregoing instrument was acknowledged before me this day of 7 20-3
by , as of ,a
(state) corporation. He/She is personally known to me or 0 has produced
as identification.
2002-01 7
Notary Public State of
Print Notary Name:
Page 1 of 1 Bill of Sale
DESIGN/BUILDER’S AFFIDAVIT TO OWNER
STATE OF FLORIDA
COUNTY OF
Before me, the undersigned authority, authority, authorized to administer oaths and take acknowledgements,
personally appeared , who, being by me first
duly sworn, on oath depose(s) and say(s):
He/she ismhey are a (Corporation, Partnership of Individual) of (State), doing
business as
DESIGNBUILDER heretofore entered into a Contract with the City of Palm Beach Gardens,
hereinafter called “OWNER” to do Work (furnish material, labor and services) for the construction of
DESIGNBUILDER has fully completed the Work in accordance with the terms of the Contract, and all
lienors have been paid in full except:
, hereinafter called “DESIGNBUILDER’.
Sandhill Crane Access Park located in Palm Beach County, Florida.
NAME OF LIENOR AMOUNT DUE AND UNPAID
All Workmen’s Compensation claims have been settled and no liability claims are pending, in
connection with, arising out of or resulting from the Contract.
Receipt by the DESIGNBUILDER of the final payment, under the aforementioned Contract, shall
constitute a full release and discharge by the DESIGNBUILDER to the OWNER of any and all claims
of the DESIGNBUILDER against the OWNER, arising out of, connected with, or resulting from
performance of the obligations of DESIGN/BUILDER Design/Build Firm pursuant to the Contract
Documents.
The term “lienor” as used in this affidavit means any person having a lien or a prospective lien, under
the Mechanics Lien Law of Florida, on the land and property of the Owner referred to in paragraph (2)
of this affidavit.
This affidavit is given pursuant to the provisions of Florida Statutes Section 713.06 or Section 255.05,
whichever is applicable.
Signed and sealed in the presence of:
(ENTITY)
By: (SEAL)
Subscribed &d Sworn to (or affirmed) before me on day of by . He/she is personally known to me or has presented
as identification.
Notary Public Signature and Seal Print Notary Name and Commission No.
2002-01 7 Page I of 1 Affidavit to Owner
Exhibit “A”
PROJECT DESCRIPTION
The natural treasures of Palm Beach County are the wildlife corridors of the Loxahatchee fiver.
Among these treasures are the Loxahatchee Slough Natural Area, Hungryland Slough Area and the
Sand Hill Crane Natural Area. These pristine areas of wildlife are located to the west and north of
the City of Palm Beach Gardens making the City a perfect access point to these habitats for the
general public by land or water. In these conservation areas, visitors can observe freshwater wetlands
and a dlversity of habitats which are home to many species of birds, reptiles, and aquatic turtles. It is
the City’s desire to create the Sandhill Crane Access Park to provided access to these areas by boat,
horse or hiktng.
The City approved the Florida Power & Lght (FP&L) Ryder Substation, whch d be located just
outside of the boundaries of the Loxahatchee Slough Natural Area. As a condition of approval, a
1.2-acre parcel of land was dedlcated to the City of Palm Beach Gardens for use as a public park. In
addtion to the requirements of the approval, the exotic vegetation has been removed by FT&L and
addltional site improvements include an access dnve, sidewalk, site drainage and landscaping.
The parcel is located immedlately north of PGA Boulevard and east of the C-18 canal. The City’s
vision for thls unique parcel is to become an “entranceway” into Palm Beach County’s treasure by
providing a passive recreation site, as well as environmental education opportunities for its visitors.
The park has a conservation land use, whch hts its uses per the City’s Land Development
regulations. The proposed conceptual plan includes an observation platform, water vessel ramp and
dock for small boats, canoes or kayaks, educational displays, picnic areas, restroom faciltties and
vehicle and trader parking. This site provides easy access for the City’s residential communities and is
a major component and destination point along the City’s PGA Boulevard Parkway system.
Private and public conservation lands surround the future park site. Immedlately to the north and
northwest is the Loxahatchee Slough Natural Area owned by Palm Beach County. To the east is the
Mkasol Planned Community District private preserve. To the south, and across PGA Boulevard, is
the PGA National Planned Community District private preserve. To the west is the C-18 canal,
which is owned by the South Florida Water Management District (SFWMD). West of the C-18 canal
is private property, which has a future land use designation of Conservation.
Adjacent to the park site is an existing boat ramp located on the SFWMD canal right-of-way that is
used primarily by small boats whch allows boaters to travel north. The C-18 canal runs through the
Loxahatchee Slough for approximately four miles before leaving the City hts. The slough covers
approximately 14,000 acres and contains a mixture of habitats, including pine flatwoods, cypress
forest, and wet prairie. Presently, a boater can travel from the boat ramp to a control structure just
east of Interstate 95 within the Town of Jupiter, which ultimately empties into the SW Fork of the
Loxahatchee River that continues to the Jupiter Inlet (about 12 de trip).
On either side of the C-18 canal waterway are dirt roads that wiU be used as pedestrian and
equestrian trails. As described above, everything a boater could do using the canal waterway, a hker
or rider can also do starting at the Sandhill Crane Access Park site. The City is presently worhng
with the County and SFWMD in restoring some of the historical water levels to the Loxahatchee
Slough, using the C-18 and its connections to the surrounding lands by the operation of the newly
installed G-160 structure. Therefore, when designing and constructing the park features, the varying
water table must be taking into account to ensure the park can be udized year round.
2002-01 7 Page 1 of 1 Exhibit “A - Project Description
Exhibit "B"
PRICE SCHEDULE
Cost of Proiect
In accordance with Special Instructions to Proposers including addendum and all
attachments, Proposer agrees to provide labor, materials, equipment, service and
incidentals to deliver and turn over to the CITY a DESIGNBUILD project for design-
build of Sandhill Crane Access Park, Cih Project Number 2002-017 including all
appurtenances for the following price:
Actual Cost for Structure nla
Factor for General Conditions YO
Factor for Overhead %
Factor for Profit %
TOTAL MAXIMUM LUMP SUM COST FOR PROPOSAL
ComDletion Time
Proposer agrees to substantially complete including design, permitting, construction, and
Certificate of Occupancy within 150 calendar days from the Project Initiation Date
specified in the Notice to Proceed and final completion will be 165 calendar days from
substantial completion.
Design-Build Firm understands that the total maximum lump sum cost above is a
maximum. Design Build Firm will be required to provide final wage sheets, invoices,
and all other necessary documents to show the actual cost of this project. The City will
then utilize the % factors for general conditions, overhead & profit to determine the final
total lump sum to be paid for the project but not to exceed the maximum total lump sum
cost shown above.
Name of DESIGNBUILDER
Print Name
2002-0 17 Page 1 of 1 Exhibit "B - Price Schedule
Exhibit “C”
PROPOSED WAGE RATES*
Category Wage Rate
“Include a complete set of proposed categories and wage rates for review.
2002-01 7 Page 1 of 1 Exhibit “C” - Proposed Wage Rates
Exhibit “D”
Scope of Work
The Sandhill Crane Access Park is located at the northeast intersection of the C-18 Canal
and P.G.A. Boulevard. This designhuild project is for the construction of an access park
into the adjacent natural areas as described in Exhibit “H”. The preliminary site plan is
attached as Exhibit “E’ and survey of the site is attached as Exhibit “F”. The following
Scope of Work is not all inclusive of the City of Palm Beach Gardens’ request for design
build services for the Sandhill Crane Access Park. It is expected that the Design/Builder
will use its experience to design and build the Sandhill Crane Access Park and provide
guidance to the City of Palm Beach Gardens where cost savings can be made and
enhancements to the natural surroundings of the park.
The City’s objective is to construct the park on a 1.2 acre parcel owned by the City and to
utilize the C-18 Canal right-of-way to access the canal and banks for access into the C-18
Canal corridor and adjacent natural areas. The scope of work is limited to the 1.2 acre
parcel and the adjacent C-18 Canal right of way and will include the following
components:
e
e
e
e
e
e
e
e
e
e
e
e
e
Restroom facilities with wrap around porch
Picnic facilities and observation platform
General parking facilities
Boat and equestrian access road and trailer parking
Sidewalk connections and trail head
Boat launch
Canoe and kayak launch
Fishing pier
Interpretive sings
Landscape, irrigation and restoration
Canal bank stabilization
Bike racks, trash cans, picnic tables, and other attendant facilities.
Additional site requirements
It is important to note that the existing boat ramp will be open and should only have limited
closures during the construction of the park. All such closures will need to be clearly
posted at a minimum of 48 hours before any closures and continued to be posted
throughout the closure. It will be the responsibility of the DesigdBuilder to secure the site
at all times during construction. All new construction and modifications for this project
will be conventional construction and all work shall conform to all applicable codes,
standards and governing authorities including, but not limited to, the following:
1. Palm Beach County Health Department
2. Palm Beach County Department of Environmental Resource Management
3. City of Palm Beach Gardens Architectural Review Process and Ordinances
4. City of Palm Beach Gardens Building Codes and Ordinances
5. Florida Building Code
Page 1 of 6 Exhibit “D” - Scope of Work 2002-017
6. ADA regulation compliance
7. Built to Public/Institutional industry standards
8. South Florida Water Management District (SFWMD)
9. South Florida Water Management District Right of Way Permitting
10. State of Florida Game and Fresh Water Commission
1 1. Florida Department of Environmental Protection NPDES program
12. Life Safety Code
Exhibit “E’ is attached as the preliminary site plan for the Sandhill Crane Access Park.
The attached site plan and detailed description below have been approved by the City and
represent the basic needs and minimum requirements for each proposed element.
Therefore, this project must be designed and constructed within substantial compliance to the
preliminary site plan and detailed description below. It is expected that the DesigdBuilder will
use its expertise to evaluate the basic needs for this park and provide a design to maximize
space to meet the City’s requirements. There are some minor modifications and additions
to this preliminary site plan as hrther described as follows:
ComDonents Detail:
1. Restrooms Facility - The restroom facility should be designed and constructed to
resemble a “Florida Cracker’’ or “Old Florida” style building with a
distressed/weathered metal roof system, distressed/weathered siding, a wrap around
porch with handrails and other appurtenances to create the desired look for this
structure. The building shall be CBS construction with separate men and women
restroom facilities (one toilet each), no NC, proper ventilation and commensurate with
public/institutional quality components to include:
1.1 Interior Items
a.
b.
C.
d.
e.
f.
g.
h. Concealed electric water heater
1. Painted stucco block walls
j. k. Plumbing chase/storage roodelectrical room
I.
m. Stainless steel mirrors
n.
Toilets are to be Sloan valve - no tank, floor mounted
Commodes are to be either porcelain or stainless steel and include standard
accessories such as toilet paper holders
Santana partitions and sink mounts
Sinks are to be American Standard or approved equal, wall hung and
mounted on block with an additional recessed hose bib under the sinks.
Grab bars are to Bobrick B-68137 or approved equal.
Cooper lighting with motion sensors
Hook ups for hture chilled water fountains
Appropriate ventilation by means of ceiling fans or acceptable alternatives
Epoxy binder flooring system with floor drains.
Both stalls to be handicap accessible and meet current ADA requirements.
1.2 Exterior Items
a. Two recessed hose bibs
Exhibit “D - Scope of Work 2002-017 Page 2 of 6
b. CBS construction
c.
d. Vandal proof lighting
e.
f. Distressed/weathered metal roof system
g. Handrail system.
h. Five foot minimum wrap around porch, broom finished concrete or
ADA accessible from parking lot, picnic facilities and fishing pier
Distressed/weathered finished siding (maintenance free, durable)
approved equal
Seacoast Utility Authority has advised that water and sewer may not available at this
location. Therefore, the contractor may have to install an alternate water and sewer system
such as a well and septic system that are environmentally friendly. The City will consider
other alternatives but must be submitted at the time of proposal. The Design/Builder will
be responsible for obtaining all required permits and constructing all required amenities to
provide a hlly hnctional restroom facility. Also the DesigdBuilder shall provide water
and sewer stub out connections for hture connection to public water and sewer, a
minimum of three (3) feet from the edge of the porch facing P.G.A. Boulevard (if public
water and sewer are not available).
2 Observation platform and picnic facilities - The observation platform and picnic
facilities should be designed and constructed to maximize views of the adjacent natural
areas, function within the park as an aesthetic feature and blend into the surrounding
environment. The platform should be a two story structure with picnic facilities on the
first level and an overlook tower with built-in seating on the second level. The design
build team shall identify the materials to be used in the construction of this structure,
the life expectancy and maintenance requirements during the bidding phase of this
contract.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
Timber and steel construction.
Handicap ramp access to the first level from parking lot
Handrails to match restroom facility
Built-in seating on observation platform
Pressure treated timbers, decking, supports and handrails (non-arsenic)
Handrails shall be constructed in such a manor as to not promote walking or
standing on the rails
Interpretive sign to be located on overlook structure
3 Fishing pier - The fishing pier shall be a fixed member bridge extending from the bank
into the C-18 Canal in a “T” shape sufficient for traditional fishing activities. The pier
shall have a minimum width of eight (8) feet with handrails. The low member
elevation and construction type shall comply with the South Florida Water
Management District Right of Way Permitting requirements. The design build team
shall identi@ the materials to be used in the construction of this structure, the life
expectancy and maintenance requirements during the bidding phase of this contract.
3.1 Pressure treated piles, supports, decking and handrails (non-arsenic)
2002-017 Page 3 of 6 Exhibit “D - Scope of Work
3.2
3.3
3.4
Handrails shall be constructed in such a manor as to not promote walking or
standing on the rails
Pier should include any amenities necessary
Interpretive sign to be located on fishing pier
4 General parking area - Asphalt parking area shall be constructed in conformance
with the City’s ordinances with proper drainage, markings, lighting, stabilization, base
and asphalt.
4.1 Required parking lot lighting
4.2
4.3 Proper signage and striping
4.4
4.5
A minimum of 13 parking stalls with two as handicap
Appropriate stabilization, base material and asphalt to meet City ordinances
Asphalt shall run from the joint entry with the FPL substation into the parks
general parking area (see Exhibit “E’ and Exhibit “H”)
5 Boat and equestrian access road and parking - Keeping with the park theme, the
boat and equestrian access road and parking area will be constructed of crushed
concrete and shall meet City’s ordinances.
5.1
5.2
5.3
5.4
5.5
A minimum of 11 parking stalls provided for vehicle and trailers, parking
area can encroach into SFWMD right of way
Proper signage “Trailer Parking Only”
Stabilized subgrade with eight (8) inches of compacted crushed concrete
Six (6) inch header curb installed at the transition between asphalt and
crushed concrete areas
Concrete wheel stops to identify trailer parking areas
6 Boat ramp replacement - The existing boat ramp will be removed and replaced with a
new boat ramp that will be used for the new access park. The boat ramp should be
designed and constructed to enable freshwater boaters to launch boats safely and
effectively. There will be no limit set on the horsepower for boats using this facility.
The surface water in the C-18 Canal will fluctuate between elevation 14.5’ and 17.5’
seasonally due to the operation of the G160 structure downstream. Therefore the boat
ramp will have to be designed and constructed to be operable year round.
6.1 The boat ramp shall be designed and constructed per requirements of the
South Florida Water Management District Right of Way permitting and the
State of Florida Game and Fresh Water Commission
Concrete should be poured to a sufficient thickness and depth as to not fail
under typical uses
Proper stabilization and Rip Rap (or approved equal) will be required to
ensure the structural integrality of the ramp
6.2
6.3
7 Canoe and kayak launch - The canoe and kayak launch is a deviation from the
preliminary site plan. Due to the water fluctuation in the C-18 Canal and that the South
Florida Water Management District requirements do not allow a floating dock system
2002-0 17 Page 4 of 6 Exhibit “D - Scope of Work
within the right of way, the City has decided to construct a canoe and kayak launch
instead of the floating dock. The launch will be constructed of concrete and designed
and constructed to allow for use year round giving the fluctuations in the surface water
of the C-18 Canal. The canoe and kayak launch shall be constructed parallel to the
canal bank and provide bumpers on the face of the steps to protect boats from damage
by the launch. The launch shall be typical construction for the required use and shall
provide enough portage for three boats.
Landscape and irrigation - The landscaping shall be designed and installed to match
and complement the existing native vegetation on the site and the adjacent natural
areas. All landscape material shall be native xeriscape and meet all of the City’s
required ordinances, counts and buffering. It shall be the Designhluilder’s
responsibility to capture the theme of the park through the landscape design and
installation. Irrigation should be designed and constructed to ensure survival of the
installed landscaping.
Interpretive Signage - Interpretive signs, a minimum of three different signs, are
required to be developed and installed for the access park. The signs shall be
educational in nature and provide the user information of the park and the adjacent
natural areas which they can experience. There shall be at least one sign placed at each
of the following locations: observation platform, fishing pier and trail head. The signs
shall be constructed with material, coverings and inks that will not fade when exposed
to the elements and shall be mounted in a timber frame and protected from vandalism.
Additional signs required for the site will be “No Swimming” posted at the boat launch,
canoe launch and fishing pier. Any existing signs at the site will be required to be
removed and replaced as necessary.
10 Sidewalks and trail heads - A minimum of a six foot wide sidewalk will be required
to connect the parking lot to the restroom, boat launch, boat parking, fishing pier, trail
head, picnic shelter and existing bike path, as shown on Exhibit “E’. Typical four inch
sidewalks can be used inside the City’s parcel but SFWMD will require six inch
mountable sidewalk be installed within the C-18 Canal right of way as not to limit
access or crack under the weight of maintenance vehicles. The existing sidewalWbike
path will not be required to be connected to P.G.A. Boulevard, just into the access park.
The trail head shall be installed just north of the existing SFWMD gate. The gate will
be required to be removed and reconstructed with the trail head that will provide
pedestrian and equestrian access, as well as gated and locked access for SFWMD.
11 Canal bank stabilization - The canal banks adjacent to the project shall be reshaped,
stabilized and vegetated to prevent future erosion. The canal bank will need to be
reshaped to re-establish the original slope and excavated to provide access for the boat
ramp and canoe and kayak launch. Proper stabilization will need to be added to the
bank around the boat ramp, fishing pier and canoe and kayak launch to stabilize the
canal banks from erosion. The existing shell rock access road from P.G.A. Boulevard
to the access gate will need to be maintained. A vegetated (Bahia sod) stabilized 16’
wide path will need to be maintained adjacent to the top of bank of the C-18 Canal for
SFWMD maintenance vehicles to access the canal right of way.
2002-0 17 Page 5 of 6 Exhibit “D - Scope of Work
12 Additional site requirements
12.1 Drainage - The FPL substation to the east of the project has made allowance
to accept and treat in their dry detention area the drainage for the City’s 1.2
acre park. The assumption that was made is that the park would be designed
as a 50% impervious to 50% pervious mix and that the FPL dry detention
area would be sized to treat, store and discharge the drainage from the park.
It will be the DesigdBuilder responsibility to design and construct the
drainage to discharge to the east into FPL’s dry detention system. See
Exhibit “H’ for the FPL site plan.
Restoration - The DesigdBuilder will be responsible for restoring all
disturbed areas that have been affected by the construction or construction
activities.
Relocation of FPL access gate - It will be the responsibility of the Design/
Builder to relocate the existing FPL access gate to a location beyond the
entrance of the City’s park to the satisfaction of FPL.
12.2
12.3
Upon substantial completion of the project, Design/Builder will be required to submit to
the City four copies of the final record plans, signed and sealed by a registered engineer or
architect licensed by the State, as well as all related electronic documents in CADD format.
It will be the Desigauilder’s responsibility to design and include the above items, at a
minimum, in their design. In addition, it would be necessary that the Design Builder meet
and work with the City of Palm Beach Gardens’ staff in meeting our needs.
2002-017 Page 6 of 6 Exhibit “D’ - Scope of Work
Exhibit "G"
NOT USED
f
5
CITY OF PALM BEACH GARDENS
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Project Name: Design/Build for Sandhill Crane Access Park
Bid Number: 2005-001
ADDENDUM NUMBER: 1, ITEM A
Addendum No. 1 to the bid documents, drawings, specifications and Contract
Documents for the City of Palm Beach Gardens Request for Design/Build proposal for
the Sandhill Crane Access Park, is hereby declared a part of the original drawings,
specifications and Contract Documents, and in case of conflict, the following
Addendum shall govern.
The following information adds to, deletes, modifies or otherwise alters portions of the
provisions and requirements of the Contract Documents. Any and all portions of the
Contract Documents not altered or affected by the Addendum shall remain in full force
and effect and shall be binding upon the Proposers as if contained herein. This
Addendum shall become a part of the Contract Documents.
Proposers are advised that the information contained in this Addendum is abbreviated
and general in nature. It is Bidder’s sole responsibility to include all items necessary for
the proper execution, coordination and completion of all work directly or indirectly
affected by this Addendum.
Addendum to the Advertisement:
Attendance at the Pre-Proposal Conference scheduled for January 18,2005, at 2:OO p.m.
in the City of Palm Beach Gardens Council Chambers is not rnundatot.11 to be eligible to
submit a proposal for this project.
2002-017 Page 1 of2 Addendum #1
ADDENDUM #1, ITEM B: ACKNOWLEDGEMENT OF ADDENDUM RECEIPT
This Addendum #1 is issued for the purpose of providing all prospective bidders with
information relating to the above-referenced project. This Addendum #1 shall be
considered as part of the Contract Documents.
To acknowledge receipt of ths Addendum #1, please sign in the space provided and
return this page with your submitted proposal.
This Addendum #1 was received on by
(Date) (Person/Title/Company)
2002-0 17 Page 2 of 2 Addendum # 1
Date Prepared: January IO, 2006
Meeting Date: February 2, 2006
Resolution 5, 2006
EXHIBIT B
Construction Technology, Inc., Proposal
CON-TECH CONSTRUCTION TECHNOLOGY, INC.
April 12, 2005
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FI 33410
Attn: Mr. Todd Engle
Re: DesigniBuild for Sandhill Crane Access Park
Bid Number 2005-00 1
Mr Engle:
As per our discussion, we are willing to keep our bid available for the City beyond the 60
days as specified in the bid documents.
Please keep us advised as to the status of the project, and provide as much advance notice
as possible when a decision is made to “move forward”
Sincerely,
A
t~~$&&roN TECHNOLOGY, mc.
Syd K. Hobbs, Executive Vice-president
P.O. BOX 16576 WEST PALM BEACH, FLORIDA 33416-6576 561 -882-9696 Fax 561 -882-9697
441 1 BEACON CIRCLE, SUITE 3 WEST PALM BEACH, FL 33407
i c
PROPOSAL SUBMITTAL
To: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
CONSTRUCTION TECHNOLOGY, INC.
(Vendor)
agrees to supply the Sandhill Crane Access Park 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, ProposaVContract
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 services and facilities 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 120 days after the date of Proposal opening stated in the Request for Proposal.
The undersigned accepts the invoicing and payment policies specified in the Proposal.
Upon award of this Proposal the Owner and Desifluild Firm 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 Design/Build Firm, by signing the Proposal Submittal pages, acknowledges and agrees to abide by all
the terms, conditions and specifications contained in this Proposal Document.
2002-017 Page 1 of 5 Proposal Submittal
Cost of Proiect
In accordance with Special Instructions to Proposers including addendum and all attachments,
Proposer agrees to provide labor, materials, equipment, service and incidentals to deliver and
turn over to the CITY a DESIGNBUILD project for Sandhill Crane Access Park, including all
appurtenances for the following price:
ITEM DESCRIPTION QUANTITY
/UNIT
1 L.S.
1.
not limited to, all architectural,
engineering, and landscape
architectural services)
2.
I L.S.
not limited to, all structural,
electrical, mechanical, plumbing,
lighting, site work, restoration,
fixtures, landscaping and irrigation)
3. a. Actual Cost of Project 1 L.S.
(includes 1 and 2)
b. Factor for General Conditions 12. yn
c. Factor for Overhead
d. Factor for Profit
1.
2.
3.
UNIT PRICE
(numbers)
33,000.00
TOTAL
(numbers)
33,000.00
372,000.00 372,000.00
da
TOTAL MAXIMUM LUMP SUM COST FOR PROPOSAL
(includes 3a, 3b, 3c, and 3d)
Alternate Proposal Items:
4.
4,050.00
4,050.00
4,050.00
ITEM DESCRIPTION
405,000.00
48.600.00
40 500.00
48 600.00
542,700.00
QUANTITY UNIT PRICE TOTAL
I UNIT (numbers) (numbers)
1 L.S.
1 L.S.
1 L.S.
1 L.S.
2002417 Page 2 of 5 Proposal Submittal
List of Direct Purchase Materials and Equipment: none
ITEM DESCRIPTION QUANTITY UNIT PRICE
/UNIT (numbers)
TOTAL
(numbers)
Completion Time
Proposer agrees to substantially complete the project, including design, permitting, construction,
and Certificate of Occupancy within 150 calendar days fiom the Project Initiation Date
specified in the Notice to Proceed. Final completion will be 165 calendar days from the Project
Initiation Date specified in the Notice to Proceed.
Design-Build Firm understands that the total maximum lump sum cost above is a maximum.
Design Build Firm will be required to provide final wage sheets, invoices, and all other
necessary documents to show the actual cost of this project. The City will then utilize the %
factors for general conditions, overhead & profit to determine the final total lump sum to be paid
for the project but not to exceed the maximum total lump sum cost shown above.
Vice Pres.
Inc
*Design Build Firm shall include sufficient preliminary drawings and project approach for the Committee to analyze
during proposal review.
2002-017 Page 3 of 5 Proposal Submittal
PROPOSAL SUBMITTAL
Accompanying this Proposal is a certified or cashier's check or a Proposal bond in the amount of
(not less than 10% of the base Proposal) made
payable to: City of Palm Beach Gardens, which is to be forfeited as liquidated damages, if, in the event
this Proposal is accepted, the undersigned fails to execute the agreement and furnish and pay for
satisfactory performance and payment bonds under the conditions and within the time specified in the
Proposal; otherwise said certified or cashier's check or Proposal bond is to be returned to the undersigned.
10% of Bid
The undersigned agrees that within fifteen (15) days from the date of acceptance of this Proposal, to
execute the agreement and hrnish and pay for satisfactory performance and payment bonds, in the full
amount of the Contract Price and recorded in the Public Records of Palm Beach County, guaranteeing the
faithhl performance of the work and payment of bills. Bonds shall be written by a Surety Company,
acceptable to the Owner, licensed to do business in the State of Florida, and listed in the Department of
Treasury Federal Register. A Florida resident agent shall countersign all bonds.
The undersigned also agrees to have the project completed, approved, and ready for final payment within
165 days after the Contract Time commences to run.
The undersigned further agrees to reimburse the Owner, as liquidated damages for each calendar day
elapsing between the dates herein specified in accordance with Section 6.2, Page 7 of 37 of the Design
Build Agreement.
,2005 22nd February Dated this dayof
CONSTRUCTION TECHNOLOGYy INC.
Address: P. 0. Box 16576
W. Palm Beach, FL 33416-6576
Telephone: 5 6 1-882-9 696 Fax: 5 6 1-882-9 69 7
Taxpayer Identification Number:
State Under Which Corporation Was Chartered: -Florida
5 9- 22 6 6002
Corporate President: Scott p- Groomes (Print Name)
Corporate Secretary: Theresa A. Miller (Print Name)
Corporate Treasurer: Theresa A. Miller (Print Name)
ATTEST n
CORPOF.4TE SEAL
Proposer acknowledges the receipt of Addenda No.'s / f
2002-01 7 Page 4 of 5 Proposal Submittal
VENDOR SERVICE REPRESENTATIVE
(REGULAR WORK HOURS):
SYD K. HOBBS Name:
Address: 4411 BEACON CIRCLE, SUITE 3, WEST PALM BEACH, FL 33407
Telephone: 561-882-9696 Fax: 5 6 1-88 2-9 6 9 7
Cellular: 561-346-3503 Nextel: N/A
VENDOR SERVICE REPRESENTATIVE
(AFTER WORK HOURS, WEEKEND & HOLIDAYS):
Name: SAME AS ABOVE
Address:
Telephone: Fax:
Cellular: Nex tel :
2002-017 Page 5 of 5 Proposal Submittal
'I
t I
NON-COLLUSION CLAUSE
By signing this offer, the Proposer certifies that this offer is made independently and free from
collusion. Proposer shall disclose below, to the best of his, her or its knowledge, any City of
Palm Beach Gardens officer or employee, or any relative of any such officers or employee as
defined in Section 112.3135(1)(~), F.S. (1989), who is an officer or director of, or has a material
interest in the Proposer’s business and who is in a position to influence this procurement. Any
City of Palm Beach Gardens officer or employee who has any input into the writing of
specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or
any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a
position to influence this procurement. For purposes hereof, a person has a material interest if he
or she directly or indirectly owns more than 5 percent of the total assets or capital stock of any
business entity, or if he or she otherwise stands to personally gain if the contract is awarded to
this Proposer.
Failure of a Proposer to disclose any relationship described herein shall be reason for debarment
in accordance with the provisions of the City of Palm Beach Gardens Procurement Code andor
policies and procedures.
Name NONE Relationships
If the Proposer does not indicate any relationship by leaving the above section blank it shall be
deemed to be an affirmation by the Proposer that no such relationship exists.
2002-017 Page 1 of 1 Non-Collusion Clause
I K
RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law, proposers are encouraged to supply with their
proposal, any information available regarding recycled material content in the product proposal. The
CITY is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal,
etc.); and the percentage of recycled material contained in the project. The CITY also requests
information regarding any known or potential material content in the product that may be extracted and
recycled after the product has served its intended purpose.
RECYCLED CONTENT INFORMATION 1 k
1. Is the material in the above: 0 Virgin or 0 Recycled. If recycled, what percentage -%.
Product Description:
2. Is your product packaged and/or shipped in material containing recycled content? Yes 0 No
Specify
3. Is your product recyclable after it has reached its intended end use? Yes 0 No
Specify
The above is not applicable if there is only a personal service involved with no product involvement.
2002-0 1 7 Page 1 of 1 Recycled Content Information
SCHEDULE OF EQUIPMENT AND MATERIALS*
*Complete submittal with vendor information or brochures for review.
2002-01 7 Page 1 of 1 Schedule of Equipment and Materials
SCHEDULE OF PROFESSIONAL SERVICES CONSULTANTS
As specified in the Terms and Conditions of this Proposal Document, Bidders are to present the details of
Consultants participation.
ADDRESS
CITY, STATE, ZIP CONSULTANT NAME
I
Charles M. Toner Architect 1194 Old Dixie Hwy
Suite 10 Lake Park, FL 33403
I
Mathers Engineering Corp. 2431 SE Dixie Hwy
Stuart, FL 34996
Con-Tech Engineers 4411 Beacon Circle, #3
TYPE OF WORK TO BE
PERFORMED
Architechtua1,Structual
MEP,For Bathroom Bldgs,
Deck, & Observation Pla
Site Works & Utilities
Boat ramps, canoe laun
& fishing Piers
:orms
1
2002-017 Page 1 of 1 Schedule of Professional Services Consultants
SCHEDULE OF SUBCONTRACTORS PARTICIPATION
As specified in the Terms and Conditions of this Proposal Document, Bidders are to present the details of
subcontractor participation.
ADDRESS
CITY, STATE, ZIP SUBCONTRACTOR NAME
Mark's Paving Company 829 Benoist Farms Road
West Palm Beach, FL 33411
Lloyd Johnson Electrical In
Port Salerno, FL 34992
Dawson-Williams Inc. PO BOX 1307
Jupiter, FL 33468
Aeicor Metal Production, Inc:. 450 W. McNab Road
Ft. Lauderdale, FL 33309
TYPE OF WORK TO BE
PERFORMED
Parking Lot
Electrical & Site
Lighting
Septic Tank
Roofing
2002-017 Page 1 of 1 Schedule of Subcontractor's Participation
DRUG FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more Proposals which are equal with respect to price, quality, and service are received by the City
for the procurement of commodities or DesigdBuild services, a Proposal received &om 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 Proposals 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. Publish a statement notifylng employees that the unlawll 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.
2. 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.
3. Give each employee engaged in providing the commodities or DesigdBuild services that
are under Proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (l), notify the employees that, as a condition of
working on the commodities or DesignBuild services that are under Proposal, 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.
5. 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.
6. 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.
CONSTRUCTION TECHNOLOGY, INC.
Corporation's Name
Sirnature
2002-0 1 7 Page 1 of 1 Drug Free Workplace
TRENCH SAFETY AFFIDAVIT
(FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE PROPOSAL BEING DECLARED
NON-RESPONSIVE)
(NAME OF DESIGN-BUILD FIRM) CONSTRUCTION TECHNOLOGY, INC.
hereby provides written assurance that compliance with applicable Trench Safety Standards identified in
the Occupational Safety and Health Administration’s Excavation Safety Standards. (OSHA) 29 C.F.R.S.
1926.650 Subpart P will be adhered to during trench excavation in accordance with Florida Statues
553.60 through 533.64 inclusive (1990), “Trench Safety Act”.
The undersigned acknowledges that included in the various items of the proposal and in the Total
Proposal Price are costs for complying with the Florida “Trench Safety Act” as summarized below:
(attach additional sheets as necessary)
1 ScheduleItem I Trench Safety Measure (Slope, Trench Shield, etc.) cost 1
Signature
STATE OF FL
COUNTY OF Palm Beach
Subscribed and Sworn to (or affirmed) before me on this 2% day of
by 5\pLt+-cee& . He/she is
n to me or has presented as identification.
)onbl)rr@Qw=254i Print Notary Name and Commission No. s,*H...*.uu.~~s!!!E!l.??2 A?*;
2002-017 Page 1 of 1 Trench Safety Affidavit
QUESTIONNAIRE
Total Contracted
Value Completion
Name of Project Owner Contract Date of
See Attached
Shall be completed and submitted in Envelope with the Proposal, but is required prior to
evaluation.
% of
Completion
to Date
By submission of this proposal, proposer guarantees the truth and accuracy of all statements and
answers herein contained.
Marks Paving
Lloyd Johnson Electrical, Inc.
Dawson-Williams
1. How many years has your organization been in business? 22 years
Parking Lot
Electrical & Site Light-
Septic Tank
2. What is the last project of this nature that you have completed?
Abacoa Greenwav Structures for NPBCID
3. Have you ever failed to complete work awarded to you? If so, where and why?
No
4. Name three individuals or corporations for which you have performed work and to which
you refer: NPBCID (Rick Musgrove) Palm Beach Gardens 561-624-7830
Name Address Phone Fa
PBC DERM (Jim Barry) W. Palm Beach 561-233-2400
Name Address Phone Fax
Name Address Phone Fa
Villane of RPB (Robert Hill) Roval Palm Beach 561-790-5122
5. List the following information concerning all contracts in progress as of the date of
submission of this Proposal. (In case of co-venture, list the information for all co-
venturers.)
6. Has the Proposer or his or her representative inspected the proposed project and does the
Proposer have a complete plan for its performance? YES
7. Will you subcontract any part of this work? If so, give details including a list of each
subcontractor(s) that will perform work in excess of the percent (10%) of the contract
amount and the work that will be performed by each subcontractor(s).
I Subcontractor I Work to be Performed
8. What equipment do you own that is available for the work?
American Crane, Link Belt Crane, Link Belt Hoe, J-D Hoe, Bobcat
9.
10.
11.
12.
What equipment will you purchase for the proposed work? none
What equipment will you rent for the proposed work? None
State the name of your proposed project manager and give details of his or her
qualifications and experience in managing similar jobs.
Syd Hobbs
RPB Boat Ramp, B.B. Boat Club Park, NPBCID Abacoa Greenways
Phases I & I1 and Phases I11 & IV
State the true, exact, correct and complete name of the partnership, corporation or trade
name under which you do business and the address of the place of business. (If a
corporation, state the name of the president and secretary. If a partnership, state the
names of all partners. If a trade name, state the names of the individuals who do
businesses under the trade name.
12.1
12.2
12.3
12.4
12.5
The correct name of the Proposer is
CONSTRUCTION TECHNOLOGY, INC.
The partnership is a 0 Sole Proprietorship, 0 Partnership, [z9 Corporation or 0 Limited Liability Company.
The address of principal place of business is 4411 Beacon
Suite 3, W. Palm Beach, FL 33407
The names of the Corporate Of€icers, or Partners, or Individuals doing business
under a trade name, are as follows: Scott P. Groomes, President
Syd K. Hobbs, Vice President
List all organizations which were predecessors to Proposer or in which the
principals or officers of the Proposer were principals or officers.
none
2002-017 Page 2 of 3 Questionnaire
12.6 List and describe at1 bankruptcy petitions (Voluntary or Involuntary) which have
been filed by or against the Proposer, its parent or subsidiaries or predecessor
organizations during the past five (5) years. Include in the description the
disposition of each such petition.
NONE
12.7 List and describe all successhl Performance or Payment Bond claims made to
your surety(ies) during the last five (5) years. The list and descriptions should
include claims against the bond of the Proposer and its predecessor
organization(s).
NONE
12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or
against the Proposer or its predecessor organization(s) during the last five (5)
years. The list shall include all case names; case, arbitration or hearing
identification numbers; the name of the project over which the dispute arose; and
a description of the subject matter of the dispute.
Case# CL 00-6726AD
Sanctuary Bay Trust Corp., The Olen Co. & Olen Development Corp.
, Plaintiffs vs. Professinal Plastering & Stucco, Inc.(. et a19
Defendants. Date of Cliam: 5/21/01, Settlement Date: 12/29/02,
Settlement Amount: $170,000.
List and describe all criminal proceedings oi hearings concerning business
related offenses in which the Proposer, its principals or officers or predecessor
organization (s) were defendants.
12.9
None
12.10 Has the Proposer, its principals, officers or predecessor organization(s) been
debarred or suspended from Proposing by any government during the last five (5)
years'? If yes, provide details.
No
12.11 List and disclose any and all business relations with any members of the City
Council.
None
2002-017 Page 3 of 3 Questionnaire
REFERENCES
As specified in the Standard Terms and Conditions of thls Proposal Document, Proposer are to present the
details of a minimum of three (3) references of similar work. (Additional references may be submitted on a
separate sheet)
COMPANY NAME AND
CONTACT NAME
Northern Palm Beach 1.
Cdunty Improvement
District
2.
Worth Builders of
Palm Beach, Inc.
Tom Eastwood
1 3. Abacoa Development
Company
Jame Tipett
4.
Palm Beach County
Board of County
Commissioners
Jim Barry
ADDRESS CITY, STATE, ZIP
PHONE &FAX NUIvBER
357 Hiatt Drive
Palm Beach Garden, FL 33418
PHONE: 561-624-7830
FAX: 561-624-7839
-
1137 Clare Avenue
W. Palm Beach, FL
PHONE: 561-832-0500
FAX' 561-832-3871
1200 University Drive
Suite 210
Jupiter, FL
PHONE:
FAX:
561-745-6400
50 S. Military Trail
W. Palm Beach, FL 33415
5 6 1 - 2 33- 2400
FAX:
2002-017 Page 1 of 1 References
I
CO~STRUCTION CONTRACTS IN PROGRESS
TECHNOLOGY, INC.
QUESTIONNAIRE - ITEM #5
SANDHILL CRANE
ACCESSPARK
EstDateof (h'ttract
OwnerlName of Project Jobsite Address Completion Amount
1 Merelli, Dominic - dock
Clay & Carmen Haferkamp
Rio-Bak Corporation-East Lake vllg
NPBCID (N & S Pump Stations)
Baker, Jay-dock 8 lift
Centexl Canterbury PI.@ Abacoa
Davis GC ( Hammond trust)
Givens, Tim - boatlift
NPBCID-Storm Drain Repairs
NPBCID-Mix. repairs
Divosta "Martinique" Ped Bridge
Morse, Peter- dock
Taylor, Jack - dock
Clark, Sheldon - dock 8 lifts
Moran, John - dock
Benson, Jim - dock
Engelberg, Alfred - dock
Fisher Corp (Joyce Fisher)
Fisher Corp (Joyce Fisher)
Wick, Elizabeth - dock repair
Hope ConstrudionIAcquavella
PBC Parks 8 Rec (Ocean Rescue)
Michel, George - dock 8 lifl
Engelberg, Alfred-seawall repair
Dwares, Donald - repairs
Schooner Oaks Condo-alum wall
Beaty, Keith - dock
Lexington /Estates of Pennock Pt.
Robson, Edward
Vemick, Richard
Traverse, M/M Norman
Kenan, Sterling
Monell - walls & docks
Pearl, Frank - dock replace
Richman (Agent: Givens Bldg)
Meyer, Sydelle- dock repair
Sands Construction (various)
W.Palm Beach
Jupiter
Port St. Lucie
PGA Nat'l
W.Palm Beach
Jupiter
Palm Beach
W.Palm Beach
Palm Beach County
Eastpointe Pump Station
Indian Creek Parkway
Jupiter Island
Palm Beach
Jupiter Island
Palm Beach
Jupiter Island
Palm Beach
Palm Beach
Palm Beach
Jupiter Island
Palm Beach
Boynton
Palm Beach
Palm Beach
Palm Beach
Stuart
Palm Beach
Jupiter
Jupiter Island
Palm Beach Gardens
Palm Beach
Palm Beach
Palm Beach
Palm Beach
Palm Beach
Palm Beach
Jupiter Island
1 2/13/08
04/30/05
05/01/05
0411 5/05
1 111 5/05
05/01 105
04/01/05
0311 5/05
0411 5/05
0411 5/05
06/01 /05
05/01 105
0410 1 105
0411 5/05
04/01 I05
0311 5/05
0611 5/05
05/15/05
0611 5/05
05/01 105
0411 5/05
05/01 lo5
OW1 5/05
07/01 105
0411 5/05
0410 1 105
04/15/05
0311 0105
02/14/05
0511 5/05
0611 5/05
0411 5/05
08/01/05
07/01 105
07/01/05
11/01/05
07/01/05
29,400
44,600
181.1 12
67,520
46,000
259,380
55,200
17,550
12,380
8,350
34,560
42,780
71,600
75,180
32,400
48,930
89,200
136,800
39,400
22,980
68,800
6,710
47,800
47,200
6,800
57,000
18,900
158,600
23,680
18,900
134,000
26,700
193,600
73,500
68,400
58,400
153.71 0
..
Exhibit “B I’
PRICE SCHEDULE
Cost of Proiect
In accordance with Special Instructions to Proposers including addendum and all
attachments, Proposer agrees to provide labor, materials, equipment, service and
incidentals to deliver and turn over to the CITY a DESIGN/BUILD project for design-
build of Sandhill Crane Access Park, Citv Proiect Number 2002-017 including all
appurtenances for the following price:
II-I-I-I-I-I-I-I-I-I-I-I- Percentage
Actual Cost for Structure n/a
Factor for General Conditions It %
Factor for Overhead 18 %
Factor for Profit \z % syz ,.7 *o 03 TOTAL MAXIMUM LUMP SUM COST FOR PROPOSAL
Comr>letion Time
Proposer agrees to substantially complete including design, permitting, construction, and
Certificate of Occupancy within 150 calendar days from the Project Initiation Date
specified in the Notice to Proceed and final completion will be 165 calendar days from
substantial completion.
Design-Build Firm understands that the total maximum lump sum cost above is a
maximum. Design Build Firm will be required to provide final wage sheets, invoices,
and all other necessary documents to show the actual cost of this project. The City will
then utilize the % factors for general conditions, overhead & profit to determine the final
total lump sum to be paid for the project but not to exceed the maximum total lump sum
cost shown above.
Name of DESIGN/BUILDERC=;;:~/~~~C~~~~~~O~~~ / JVL
PrintName spa K HOBOS
2002-0 17 Page I of I Exhibit “B”- Price Schedule
Exhibit “C”
PROPOSED WAGE RATES*
*Include a complete set of proposed categories and wage rates for review.
2002-017 Page 1 of 1 Exhibit “C” - Proposed Wage Rates
CITY OF PALM BEACH GARDENS
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Project Name: Design/Build for Sandhill Crane Access Park
Bid Number: 2005-001
ADDENDUM NUMBER 1, ITEM A
Addendum No. 1 to the bid documents, drawings, specifications and Contract
Documents for the City of Palm Beach Gardens Request for Desifluild proposal for
the Sandhill Crane Access Park, is hereby declared a part of the original drawings,
specifications and Contract Documents, and in case of conflict, the following
Addendum shall govern.
The following information adds to, deletes, modifies or otherwise alters portions of the
provisions and requirements of the Contract Documents. Any and all portions of the
Contract Documents not altered or affected by the Addendum shall remain in full force
and effect and shall be binding upon the Proposers as if contained herein. This
Addendum shall become a part of the Contract Documents.
Proposers are advised that the information contained in this Addendum is abbreviated
and general in nature. It is Bidder’s sole responsibility to include all items necessary for
the proper execution, coordination and completion of all work directly or indirectly
affected by this Addendum.
Addendum to the Advertisement:
Attendance at the Pre-Proposal Conference scheduled for January 18,2005, at 2:OO p.m.
in the City of Palm Beach Gardens Council Chambers is not mundatow to be eligible to
submit a proposal for this project.
2002-017 Page 1 of2 Addendum # 1
ADDENDUM #1, ITEM B: ACKNOWLEDGEMENT OF ADDENDUM RECEIPT:
This Addendum #1 is issued for the purpose of providing all prospective bidders with
information relating to the above-referenced project. This Addendum #1 shall be
considered as part of the Contract Documents.
To acknowledge receipt of this Addendum #1, please sign in the space provided and
return this page with your submitted proposal.
This Addendum #1 was received on A$ kw by c
(Date) (P on itle/Company)
&+&-l+C,h <,-. 7-C;;,h,-d "57
2002-017 Page 2 of 2 Addendum # 1
CITY OF PALM BEACH GARDENS
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Project Name: Desigauild for Sandhill Crane Access Park
Bid Number: 2005-001
ADDENDUM NUMBER 2, ITEM A
Addendum No. 2 to the drawings, specifications and Contract Documents for the City
of Palm Beach Gardens Request for DesiNuild proposal for the Sandhill Crane
Access Park, is hereby declared a part of the original drawings, specifications and
Contract Documents, and in case of conflict, the following Addendum shall govern.
The following information adds to, deletes, modifies or otherwise alters portions of the
provisions and requirements of the Contract Documents. Any and all portions of the
Contract Documents not altered or affected by the Addendum shall remain in full force
and effect and shall be binding upon the Proposers as if contained herein. This
Addendum shall become a part of the Contract Documents.
Proposers are advised that the information contained in this Addendum is abbreviated
and general in nature. It is Bidder's sole responsibility to include all items necessary for
the proper execution, coordination and completion of all work directly or indirectly
affected by this Addendum.
Correction:
Advertisement Proposals must be received in the Clerk's Office no later
than February 22,2005, at 2:OO p.m. (see revised schedule
attached)
Any references contained to the same throughout the package and prior addendum(s)
shall be held to the correction as stated above.
Additional Information:
Pre-Proposal Meeting: PowerPoint Presentation handouts, Questions and Answers and
sign in sheet
2002-017 Page 1 of 2 Addendum #2
ADDENDUM #2, ITEM B: ACKNOWLEDGEMENT OF ADDENDUM RECEIPT:
This Addendum #2 is issued for the purpose of providing all prospective bidders with
information relating to the above-referenced project. This Addendum #2 shall be
considered as part of the Contract Documents.
To acknowledge receipt of this Addendum #2, please sign in the space provided and
return this page with your submitted proposal.
2002-017 Page 2 of 2 Addendum #2
BID BOND
The Ameridn Institute of Architects.
AIA Document No. A310 (February, 1970 Edition)
l~O~~’~~~~~BY~SEP~E~,th~t~~e Construction Technology, Inc.
As Principal, hereinafter called Principal, and The Ohio Casualty Insurance Company
under the laws of the State of Ohio , as Surety, hereinaRer called Surety, ate held and firmly bound unto
, a corporation duly organized
City of Palm Beach Gardens
As Obligee, hereinafter called Obligee, in the sum of
Dollars S ’ 1 0 %
For the payment of which sum well and truly to be made the said Principal and the said Surety bkd ourselves, our heirs,
executors, administrators, s~ccessoi~ and ;;signs, jointly and s~verally, firmly by these presents.
\VHEREAS, the Principal has submitted a bid for
Design/Build of Sandhill Crane Access Park
NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter into a contractwith
the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be. specified in the bidding or
contract documents with good and sufficient surety for the faithhl performance of such contract and for the payment of labor
and material furnished in the prosecution thereof, or in the event of the failure of the Princ,ipal to enter into such contract and
give such bond or bonds, if the Principal shall pay to the Obligee the difference not exceed the penally hereof between the
amount specified in such bid and such larger amount for which the Obligee may in good faith contract with another party to
perform the work covered by said bid, then this obligation shall be null and void, othenvise to remain in full force and effect.
Signed and sealed this 22nd dayof February 2005
Construction Technology. Inc.
(Principal)
. Ci A$. AA;g+L
(Title) Scott Groomes, Prgsident!
/ ”/ Witness)
(Attorney-&Fact) Robert T. Nesselt
Revised to February, 1970
SB5714b Printed inU.S.A.
CERTIFIED COPY OF POWER OF AITOFWEY
THE OHIO CASUALTY INSURANCE COMPANY
WEST AMERICAN INSURANCE COMPANY
NO. 37-807
Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY,
an Indiana Corporation, in pursuance of authority granted by Article VI, Section 7 of the By-Laws of The Ohio Casualty Insurance Company and Article VI, Section I of West
American Insurance Company, do hereby nominate, constitute and appointWilliam J. Upshaw, Clayton L. Collins, Jr., Robert T. Nesselt or Regina Lucenteof Wat Palm
Beach, Florida its true and lawful agent (s) and attorney (skin-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS,
UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance FOUR MILLION ($4,000,000.00) DOLLARS, excluding, however, any bond(s) or
undertaking(s) guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they
had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company
STATE OF OHIO,
COUNTY OF BUTLER
Sam Lawrence, Assistant Secretary
On this 1st day of September, 2004 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam
Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the
individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith,
that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and
his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal at the City of Hamilton. State of Ohio. the dav and vear first above written.
Notary Public in and for County of Butler, State of Ohio
My Commission expires August 6,2007.
This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of The Ohio Casualty Insurance Company and Article VI, Section I of West
American Insurance Company, extracts from which read:
Article VI, Section 7. APPOINTMENT OF ATTORNEYS-IN-FACT, ETC. “The chairman of the board, the president, any vice-president, the secretary or any
assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the
Companies as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of
suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or
boards of county or state, or the United States of America, or to any other political subdivision.”
Article VI, Section 1. APPOINTMENT OF RESIDENT OFFICERS. “The Chairman of the Board, the President, any Vice President, a Secretary or any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and
to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and
policies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any
county or state, or the United States of America, or to any other political subdivision.”
‘This instnimcnt is signed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors ofthe Companies (adopted May 27, 197O-’l‘hc Ohio
Casualty Insurance Company, adoptcd April 24, 1980-West American Insurance Company).
“RESOLVED that thc signature of any officer of the Company authorized by the By-L.aws to appoint attorneys in fact, the signature of the Sccrctary or any Assistant
Sccrctary certifying to the correctness of any copy of a power of attorney and the scal of the Company may be attixcd by ticsimile to any power of attorney or copy thereof issiicd
on behalf ofthe Company. Such sign;iturcs and seal arc hereby adoptcd by the Company as original signatures and seal, to be valid and binding upon the Company with the samc
force and effect as though manually affixed.”
CERTIFICATE
I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney,
the referenced By-Laws of the Companies and the above Resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this day of 9
s-4300 3/99 Assistant Secretary
Date Prepared: January IO, 2006
Meeting Date: February 2,2006
Resolution 5, 2006
EXHIBIT C
Agree men t
2002-017
4.- -..!*+
Agreement
AGREEMENT
between
CITY OF PALM BEACH GARDENS
and
CONSTRUCTION TECHNOLOGY, INC.
for
DESIGN/BUILD SERVICES
for
SANDHILL CRANE ACCESS PARK
PROJECT NUMBER 2002-017
Page I of35
This is an Agreement between the CITY OF PALM BEACH GARDENS, a Florida municipal
corporation, its successors, and assigns, hereinafter referred to as “CITY,” through its City Council
AND
CONSTRUCTION TECHNOLOGY, INC., a Florida corporation, its successors, and assigns, hereinafter
referred to as “DESIGN/BUILDER.”
W I T N E S S E T H, in consideration of the mutual terms and conditions, promises, covenants
and payments hereinafter set forth, CITY and DESIGNMJILDER agree as follows:
ARTICLE 1
DEFINITIONS
For the purposes of this Agreement and the various covenants, conditions, terms, and provisions, which
follow, the DEFINITIONS set forth below are assumed to be true and correct and are agreed upon by the parties.
1.1 CHANGE ORDER: A written document ordering a change in the contract price or time or a
material change in the work issued subsequent to this Agreement, as determined by the PROJECT MANAGER.
1.2 CONSULTANT: A registered architect, professional engineer, professional land surveyor, civil
engineer, and/or registered landscape architect who has contracted with or who is employed by
DESIGNBUILDER to provide professional services for the design of the Project and who is licensed by the State
of Florida to provide said services.
1.3 CONTRACT: This Agreement between CITY and DESIGN/BUILDER for this Project, all as
defined herein. As used herein, the term Contract shall mean the same as Agreement.
1.4 CONTRACT DOCUMENTS: DESIGN/BUILDER’ s proposal including plans, specifications,
drawings and/or other written or graphic materials which are to be developed by the Consultant as part of the
record of this Agreement, this Agreement, the performance and payment bond, the design documents, the
construction documents, the Notice to Proceed, the Purchase Order, and any additional documents the submission
of which are required by this Agreement.
1.5 DESIGN/BUILDER: Construction Technology, Inc. is the Proposer selected to perform the work
pursuant to this Agreement, and is the person, firm, or corporation primarily liable for the acceptable performance
of, and payment of all legal debts pertaining to the Project. All references in the Contract Documents to third
parties under contract or control of DESIGN/BUlLDER shall be deemed to be a reference to
DESIGN/BUILDER. DESIGN/BUILDER will be responsible for the provision, installation, and performance of
all equipment and materials, and DESIGN/BUILDER is in no way relieved of the responsibility for the
performance of all equipment furnished. DESIGN/BUILDER shall include a design criteria professional and a
design/build contractor as set forth in Section 287.055, Florida Statutes.
1.6 COUNCIL: The City Council, which is the governing body of the City of Palm Beach Gardens,
Florida.
1.7 DESIGNATED REPRESENTATIVE: An authorized representative of DESIGNIBUILDER
assigned to represent DESIGN/BUILDER on this Project.
1.8 FIELD ORDER: A written order issued by the PROJECT MANAGER which orders minor
changes in the Project but which does not involve a change in the total cost or time for performance.
Agreement 2002-01 7 Page 2 of 35
1.9 INSPECTOR: An authorized representative of the Consultant assigned to make necessary
inspections of materials furnished by DESIGN/BUILDER and of the work performed by DESIGN/BUILDER.
1.10 MATERIAL: Materials incorporated in this Project or used or consumed in the performance of
the work.
1.1 1 NOTICE OF COMPLETION: The date certified by Consultant that all conditions of the permits
and regulatory agencies have been met, all construction, reconstruction or rehabilitation, including corrective
work, has been performed and all administrative requirements of the Contract Documents have been completed,
and CITY has received from DESIGNIBUILDER a release of all liens, release of surety, certificate of
indemnification by DESIGN/BUILDER, release of claims by DESIGN/BUILDER, and corrected as-built
drawings.
1.12 NOTICE TO PROCEED: A written Notice to Proceed issued by the PROJECT MANAGER.
1.1 3 PLANS AND/OR DRAWINGS: The official graphic representations of this Project which, upon
written approval of the PROJECT MANAGER, shall become a part of the Contract Documents, as well as the
preliminary plans and drawings and renderings of the Project and the preliminary outline specifications and plans
for the design/build services for the Project, which will be prepared by DESIGN/BUILDER, and will be made a
part of the Contract Documents upon approval by the PROJECT MANAGER. The plans and specifications will
include the design development documents and construction documents to be approved by the PROJECT
MANAGER as provided in this Agreement.
1.14 PROJECT: The Project is the total design, construction, and furnishing of the Sandhill Crane
Access Park (Project No. 2002-017) as described in and in accordance with the Contract Documents, complete
with all appurtenances required to produce the facilities, including without limitation all professional design,
engineering and construction services and labor, materials, furnishings and equipment necessary or used or
incorporated in the design and construction, in accordance with the Contract Documents and as is required or
reasonably inferred from them. The Project includes the work, services and labor, and the goods, materials, tools,
supervision and equipment to be provided, and the cleanup, removal, and disposal of all debris, trash, and other
material so as to leave the facilities in a clean and ready-to-use condition.
1.1 5 PROJECT INITIATION DATE: The date upon which the contract time commences.
1.16 PROJECT MANAGER: Unless otherwise explicitly stated all contract duties, contract
responsibilities, and contract communications of CITY shall be made through the CITY'S Civil Engineer. The
foregoing sentence shall not apply to CITY construction inspections made to assure compliance with applicable
regulatory law and which the CITY conducts in a governmental regulatory capacity.
1.17 SUBCONTRACTOR: The person, contractor, or corporation having a direct contract with
DESIGN/BUILDER, including one who furnishes material worked to a special design according to the Contract
Documents for this Project, but does not include one who merely furnishes material not so worked.
1.18 SUBSTANTIAL COMPLETION: The date certified by CITY that all conditions of the permits
and regulatory agencies have been met, and all construction, reconstruction, or rehabilitation (except minor
corrective work) has been performed in accordance with the Contract Documents, all certificates of occupancy
have been obtained, and the site is able to be used for its intended use.
1.19 SURETY: The surety company or individual which is bound by contract bond with and for
DESIGN/BUILDER who is primarily liable and which surety company or individual is responsible for
2002-0 I7 Page 3 of 35 Agreement
DESIGN/BUILDER's acceptable performance of the work under the contract and for the payment of all debts
pertaining thereto with Section 255.05, Florida Statutes.
1.20 CITY: The City of Palm Beach Gardens, a Florida municipal corporation.
ARTICLE 2
INTENTION OF CITY
2.1 It is the intent of the Contract Documents to describe a functionally complete Project to be
designed and constructed by DESIGN/BUILDER in accordance with the Contract Documents. Any work,
materials, or equipment that may reasonably be inferred from the Contract Documents, as being required to
produce the intended result will be supplied whether or not specifically called for. When words that have a well-
known technical or trade meaning are used to describe work, materials, or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any
technical society, organization, or association, or to laws or regulations of any governmental authority, whether
such reference is specific or by implication, shall mean the standard specification, manual, code, laws, or
regulations in effect at the time of the date of the execution of this Agreement.
ARTICLE 3
CONTRACT DOCUMENTS
3.1 The Contract Documents shall be followed in strict accordance as to work, material, and
dimensions except when the PROJECT MANAGER may authorize, in writing, an exception.
3.2 Dimensions given in figures are to hold preference over scaled measurements from the drawings;
however, all discrepancies shall be decided upon by the PROJECT MANAGER. DESIGN/BUILDER shall not
proceed when in doubt as to any dimension or measurement but shall seek clarification from the PROJECT
MANAGER.
3.3 DESIGN/BUILDER shall maintain four (4) copies of the Contract Documents; two (2) of which
shall be preserved and always kept accessible to the PROJECT MANAGER or hisher authorized representatives.
3.4 This Contract incorporates by reference and in the following order of authoritative precedent, the
following documents:
3.4.1.
purposes; and
The Contract and the Plans and Specifications, including those prepared by the City for proposing
3.4.2. DESIGNBUILDER'S proposal, including any addenda.
ARTICLE 4
OWNERSHIP OF DESIGN MATERIALS AND DOCUMENTS
4.1 All documents including drawings and specifications prepared or furnished by
DESIGN/BUILDER (and the independent professional associates and consultants or engineers of the
DESIGN/BUILDER firm hereaRer collectively called "DESIGNER") pursuant to this Agreement shall become
owned by and be the property of the CITY and the CITY shall thereby obtain ownership to any statutory common
law and other reserved rights, thereto; however, such documents are not intended or represented to be suitable for
reuse by Owner on extensions of the Project or on any other project. Any such reuse, modification, or adaptation
of such documents without written verification or adaptation by DESIGNER for the specific purpose intended
will be at Owner's sole risk and without liability or legal exposure to DESIGNER. If required by CITY, any such
2002-0 I7 Page 4 of 35 Agreement
verification or adaptation will entitle DESIGNER to further compensation at rates to be agreed upon by Owner
and DESIGNER.
The copies or other tangible embodiments of all design materials, whether or not such materials are
subject to intellectual property protection, including but not limited to documents, shop drawings, computer
programs developed for the Project or if such programs are not the property of DESIGN/BUILD firm the results
of the use of them by the DESIGN/BUILD firm, data, plans, drawings, sketches, illustrations, specifications,
descriptions, models, the Design Development Documents, the Construction Documents, and any other
documents developed, prepared, furnished, delivered or required to be delivered by the DESIGN/BUILD firm to
the CITY under the Contract (collectively "DESIGN MATERIALS") shall be and remain the property of the
CITY whether or not the Project or Work is commenced or completed, provided; however, that the CITY makes
payment for the DESIGN MATERIALS in accordance with the Schedule of Values. During the term of the
Contract, the DESIGN/BUILD firm shall be responsible for any loss or damage to the DESIGN MATERIALS,
while the Materials are in the possession of the DESIGNIBUILD firm or any of its subcontractors, and any such
DESIGN MATERIALS lost or damaged shall be replaced or restored at the DESIGN/BUILD firm's expense. The
intellectual property rights, if any, to the contents of or concepts embodied in the DESIGN MATERIALS shall
belong to the DESIGN/BUILD firm or it subcontractors in accordance with their contractual relationship and may
be copyrighted by them in the United States or in any other country, or be subject to any other intellectual
property protection.
As to those Design Materials subject to copyright or as to which a patent or trademark, or any other form
of intellectual property protection has been, is or will be obtained, the DESIGN/BUILD firm grants to the CITY
as of the date that the DESIGN MATERIALS were delivered or required to be delivered to the CITY, a world-
wide, paid-up, nonexclusive, nontransferable (except as provided) license for the term of intellectual property
protection, for the CITY to use, reproduce and have reproduced, display and allow others to display and to publish
and allow others to publish, in any manner, at any time and as often as it desires, without compensation to the
DESIGNBUILD firm or any third party, subject to the following restrictions:
(a) All copyright and other intellectual proprietary rights in or relating to any of the DESIGN
MATERIALS shall remain the property of the DESIGN/BUILD firm whether or not the Project is constructed.
The DESIGN/BUILD firm and DESIGNER subcontractors shall have the right to use any detail, part, concept or
system(s) shown on, specified in, or inferable from the DESIGN MATERIALS on any other project and to retain
copies for the DESIGN/BUILD firm's future use;
(b) The CITY shall be entitled to, at no additional cost to the CITY, use such Materials and
documents at its own risk for additions, improvements, changes, or alterations to the Project after completion. If
the DESIGN/BUILD is in default under this Contract and the Contract is terminated, the CITY shall be entitled to
use the DESIGN MATERIALS for completion of the Project by others without additional compensation, or a
release, indemnification or other action by the CITY;
(c) Any reproduction of the DESIGN MATERIALS or part of them shall be faithfid and accurate to
the original and of good quality;
(d) The CITY shall not remove or alter, and shall reproduce and prominently display on all copies
made by CITY, the copyright notice and other proprietary legends appearing on the DESIGN MATERIALS when
delivered to the CITY.
4.2 Ownership of Design Materials and Documents after final completion - As of the Date of Final
Completion of the Project, or in the event of termination of the Contract, the DESIGN/BUILD firm shall turn over
to the CITY any of the DESIGN MATERIALS referred to in Article 3 above, which have not yet been submitted
to the CITY. The Design/Build firm shall submit to the City four copies of the final record plans, signed and
2002-0 I7 Page 5 of35 Agreement
sealed by a registered engineer licensed by the State, as well as all related electronic documents in CADD format.
In the event of the failure by the DESIGN/BUILD firm to make such delivery as provided above, the
DESIGN/BUILD firm shall pay the CITY any damages, which the CITY may sustain from the failure, and the
CITY shall have the additional right of specific performance.
ARTICLE 5
SCOPE OF WORK
5.1 DESIGN/BUILDER hereby agrees to complete the Project described in Exhibit 'ID" of the
proposal package, which is incorporated herein by reference, including furnishing all engineering, landscape
architecture, land surveying and environmental services, labor, materials, equipment, and other services necessary
to perform all of the work described in Exhibit I'D", including drawings and addenda thereto, to be constructed
in accordance with the requirements and provisions of the Contract Documents.
5.2 DESIGN/BUILDER agrees to meet with CITY at reasonable times and with reasonable notice.
5.3 DESIGN/BUILDER will develop from its proposal and layout drawings the specifications which
will be reviewed and approved by the PROJECT MANAGER for concept and will meet or exceed the standards
noted in all applicable codes, ordinances, statutes, and any other regulations imposed by any regulatory body or
authority governing the design and construction. All such documents shall become a part of the Contract
Documents at the time they are provided by DESIGN/BUILDER and approved for concept by the PROJECT
MANAGER.
5.4 Prior to the final completion of construction services under this Agreement, there shall be
established a record set of plans and specifications, on Mylar, which shall bear the approval of
DESIGN/BUILDER and PROJECT MANAGER. In addition, prior to the commencement of construction
services under this Agreement, DESIGN/BUILDER shall submit to the PROJECT MANAGER a CPM Schedule
for the planning and execution of the Construction Phase of the Project. The CPM shall be updated bimonthly
and submitted to PROJECT MANAGER as part of each pay request.
ARTICLE 6
COMPLETION DATE
6.1 PROJECT MANAGER shall instruct DESIGN/BUILDER to commence the Design and
Construction Phases of the Project by written instructions in the form of a Notice to Proceed issued by the
PROJECT MANAGER. The Project shall be commenced within seven (7) calendar days after the Project
initiation date specified in the Notice to Proceed. The Notice to Proceed will not be issued until receipt by CITY
of all required documents, including a task and delivery oriented project timeline, and after execution of this
Agreement by both parties.
6.2 The Project shall be substantially completed by DESIGN/BUILDER no later than 150 calendar m, including permitting, design and construction, and a Certificate of Occupancy. Upon failure of
DESIGN/BUILDER to substantially complete the Project within the specified period of time (plus approved
extensions, if any) DESIGN/BUILDER shall pay to CITY the sum of Two Hundred Dollars ($200.00) for each
calendar day (plus approved extensions) after the time specified for substantial completion. After substantial
completion, should DESIGN/BUILDER neglect, refuse or fail to complete the remaining work within 15
calendar daw from the substantial completion date described in this Agreement or any approved extension
thereof, DESIGN/BUILDER shall pay to CITY the sum of Two Hundred Fiftv Dollars ($250.00) for each
calendar day after the time above (plus approved extensions) for completion and readiness for final payment.
These amounts are not penalties but liquidated damages to CITY. Liquidated damages are hereby fixed and
agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages
2002-0 I7 Page 6 of 35 Agreeinent
that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question
of dispute concerning the amount of said damages and the cost and effect of the failure of DESIGN/BUILDER to
complete the Contract on time.
6.3 CITY is authorized to deduct liquidated damage amounts from the monies due
DESIGN/BUILDER for work under this Agreement or as much thereof as CITY may, at its own option, deem
just and reasonable. The CITY shall not be deemed in default for such deduction(s).
6.4 DESIGN/BUILDER shall be responsible for reimbursing CITY, in addition to liquidated
damages, for all costs incurred by CITY, including, without limitation, costs of storage, maintenance, repair, and
insurance in administering the construction of the Project beyond the completion date specified in this Agreement
or beyond an approved extension of time granted to DESIGN/BUILDER, whichever date is later. Such costs
shall be deducted from the monies due DESIGN/BUILDER as provided in Article 8 of this Agreement.
6.5 No extension of time shall be granted for delays resulting from normal weather conditions
prevailing in the area as defined by the average of the last five (5) years of weather recorded by the National
Weather Service.
ARTICLE 7
DESIGN/BUILDER S RESPONSIBILITY
7.1 The parties acknowledge and agree that CITY is purchasing, and DESIGN/BUILDER is bound to
deliver, the desigdconstruction of the Lake Catherine Sports Complex Clubhouse, known as Project No. 2004-
012) to the City of Palm Beach Gardens, which shall be constructed in accordance with the Contract Documents,
and comply with all applicable laws, rules, reservations, codes, ordinances, directives or guidelines, whether
federal, state or local, and technical codes.
7.2 DESIGN/BUILDER shall be responsible for applying for and securing all permits and approvals
from all governmental authorities having jurisdiction over the Project. DESIGN/BUILDER shall make, at its own
cost and expense, any changes to the Project required by the PROJECT MANAGER or Consultant having
jurisdiction over the Project and shall advise CITY in writing of such changes. All permits and licenses required
by federal, state, or local laws, rules, and regulations, codes, directives and guidelines necessary for the
prosecution of the Project by DESIGN/BUILDER pursuant to this Agreement shall be secured and paid for by
DESIGN/BUILDER. It is DESIGN/BUILDER’s responsibility to have and maintain appropriate certificate(s) of
competency, valid for the work to be performed and for all persons working on the Project for whom a certificate
of competency is required.
Pursuant to the Public Proposal Disclosure Act, EACH LICENSE, PERMIT OR FEE A CONTRACTOR
WILL HAVE TO PAY THE CITY BEFORE OR DURING CONSTRUCTION OR THE PERCENTAGE
METHOD OR UNIT METHOD OF ALL LICENSES, PERMITS AND FEES REQUIRED BY THE CITY AND
PAYABLE TO THE CITY BY VIRTUE OF THIS CONSTRUCTION AS PART OF THE CONTRACT IS AS
FOLLOWS:
All fees payable to CITY have been or will be paid for by CITY. Permits and fees, which may be
required by the State of Florida, State Agencies, or by other local governmental entities, are not included.
Occupational licenses will be required pursuant to Chapter 205, Florida Statutes.
7.3 DESIGN/BUILDER shall be hlly responsible for the actions of all persons working in
conjunction with the design and construction of the Project.
2002-01 7 Page 7 of 35 Agreeinen t
7.4 DESIGN/BUILDER shall be fully responsible for all acts or omissions of its consultants and
subcontractors and of persons directly employed by DESIGN/BUILDER's consultants and subcontractors and of
persons for whose acts any of them may be liable to the same extent DESIGN/BUILDER is responsible for the
acts and omissions of persons directly employed by DESIGN/BUILDER. Nothing in this Agreement shall create
any contractual relationship between any consultant or subcontractor and CITY or any obligation on the part of
CITY to pay or to see to the payment of any monies due to any consultant or subcontractor.
7.5 DESIGN/BUILDER agrees to bind specifically every subcontractor and consultant to the
applicable terms and conditions of this Agreement for the benefit of CITY.
7.6 Unless otherwise provided herein, DESIGN/BUILDER shall provide and pay for all architecture,
engineering, landscape architecture, and land surveying services, materials, labor, water, tools, equipment, light,
power, transportation and other facilities and services necessary for the proper execution and completion of the
Project, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Project.
7.7 DESIGN/BUILDER shall at all times enforce strict discipline and good order among its
employees, consultants, and subcontractors at the Project site and shall not employ on the Project any unfit person
or anyone not skilled in the work assigned to him or her.
7.8 DESIGN/BUILDER shall maintain suitable and sufficient guards and barriers, and at night
suitable and sufficient lighting for the prevention of accidents and thefts.
7.9 DESIGN/BUILDER shall keep itself fully informed of, and shall take into account and comply
with, all existing and future local, state and federal laws and municipal ordinances, rules, codes, regulations,
guidelines and directives, in any manner affecting those engaged or employed in the Project, or the materials used
or employed in the Project, or in any way affecting the conduct of the Project, and of all such orders and decrees
of bodies or tribunals having any jurisdiction or authority over the same and of all provisions required by law to
be made a part of this Agreement, all of which provisions are hereby incorporated by reference and made a part
hereof. If any specification or contract for this Project is in violation of any such law, ordinance, regulation,
codes, directives, guidelines, order, decree, or other matters, DESIGN/BUILDER shall forthwith report the same
to the PROJECT MANAGER in writing. DESIGN/BUILDER shall cause all its agents, employees,
subcontractors, and consultants to observe and comply with all such existing and future laws, ordinances,
regulations, orders, decrees, rules, guidelines and directives.
7.10 In the event of a change after the effective date of this Agreement in any local, state and federal
laws and municipal codes, ordinances, regulations, rules, guidelines and directives which in any manner affects
the Project, DESIGN/BUILDER shall advise the PROJECT MANAGER, in writing, and the PROJECT
MANAGER, with concurrence of CITY, shall initiate a change order, the purpose of which shall be to bring the
Project into compliance with all laws, ordinances, codes, regulations, rules, guidelines and directives, as amended
or enacted.
7.11 DESIGN/BUILDER shall pay all applicable sales, consumer, use, and other taxes required by
law. DESIGN/BUILDER is responsible for reviewing the pertinent local, state and federal statutes involving
local, state and federal taxes and complying with all requirements.
ARTICLE 8
COMPENSATION AND METHOD OF PAYMENT
8.1 Amount and Method of Compensation
8.1.1 CITY agrees to pay DESIGN/BUILDER as compensation for its services under the terms of this
2002-0 I7 Page 8 of 35 Agreement
Agreement a maximum amount not to exceed sum, mutually agreed to by CITY’S PROJECT MANAGER and
DESIGNBUILDER and as set forth in the Contract Documents for each segment of the work. The fee for the
services to be performed by DESIGN/BUILDER shall be for the actual cost of the work multiplied by a factor for
general conditions, overhead and profit, and if applicable, a savings factor, as presented in the Design/Build
proposal. Exhibit “C” to the DESIGN/BUILDER proposal is the rate of wages and fringe benefits for all
laborers, mechanics, and apprentices proposed to be used on the job, by reference is incorporated herein.
8.1.1.1 The maximum not-to-exceed sum to be paid by CITY to DESIGN/BUILDER under this
Agreement is Four Hundred Twentv Thousand and 00/100 Dollars ($420,000.00), for the project described in
the DesigdBuild package and as submitted by the DESIGN/BUILDER proposal, all of which is incorporated
herein by reference. It is understood that DESIGN/BUILDER shall perform all services set forth in this
Agreement for no more than the total compensation amount set forth in this paragraph except as allowed under
Article 8 of this Agreement.
8.1.1.2 Within thirty (30) days prior to the commencement of construction, DESIGN/BUILDER shall
submit to the PROJECT MANAGER a schedule of values for each item comprising the fee described above.
Partial payments shall be based upon such schedule of values. Final payments on each Contract Document must
be approved by the PROJECT MANAGER.
8.2 Method of Billing and Payment
8.2.1 DESIGNBUILDER shall submit billings, which are identified by the specific Contract
Document number on a monthly basis and in a timely manner. The PROJECT MANAGER shall verify
completion of the various stages as noted and authorize payment. DESIGN/BUILDER may submit a request for
payment thirty (30) days after beginning field operations and every thirty (30) days thereafter. Payment will be
based on quantities certified by DESIGN/BUILDER. DESIGN/BUILDER’s requisition shall show a complete
breakdown of the Project components, the quantities completed, and the amount due, together with such
supporting evidence as may be required by the PROJECT MANAGER. When applicable, the requisition for
payment shall be accompanied by a completed Statement of Compliance. Each requisition shall be submitted in
triplicate to the PROJECT MANAGER for approval.
8.2.2 Requests for final payment shall be accompanied by paid invoices and other back-up material as
may be necessary to substantiate the final fee. The total hourly rates payable by CITY for each
DESIGN/BUILDER’s employee categories shall be as shown on Exhibit “B” to the DESIGN/BUILDER
proposal, which is incorporated herein by reference. In no instance shall final billing exceed the amount allocated
in the Contract Document. An updated construction schedule shall be submitted at least monthly.
8.2.3 CITY agrees that it will pay DESIGNIBUILDER within thirty (30) calendar days of receipt of
DESIGN/BUILDER’s proper statement, as provided above, accompanied by an updated construction schedule
and as-built drawings.
8.2.4 Ten percent (10%) of all monies earned by DESIGN/BUILDER shall be retained by CITY until
the Project is totally completed as specified and accepted by the PROJECT MANAGER. The PROJECT
MANAGER may reduce retainage to five percent (5%) after ninety-five percent (95%) of the Project has been
completed. Any interest earned on retainage shall accrue to the benefit of CITY.
8.2.5 Upon receipt of written notice from DESIGN/BUILDER that the Project is ready for final
inspection and acceptance, the PROJECT MANAGER shall, within ten (10) days, make an inspection thereof. If
the PROJECT MANAGER finds the Project acceptable under the Contract Documents and the Project fully
performed, a Final Certificate of Payment shall be issued by the PROJECT MANAGER, over hidher own
signature, stating that the work required by this Agreement has been completed and is accepted under the terms
2002-017 Page 9 of 35 Agreement
and conditions thereof.
8.2.6 Before issuance of the Final Certificate for Payment, DESIGN/BUILDER shall deliver to the
PROJECT MANAGER a complete release of all liens arising out of this Agreement or receipts in full in lieu
thereof, and an Affidavit certifying that all suppliers, materialsmen, and subcontractors have been paid in full and
that all other indebtedness connected with the Project has been paid, and a consent of the surety to final payment.
All warranties, guarantees, operational manuals, and instructions in operation must be delivered to CITY at this
time. As-built drawings will be completed prior to final payment being made.
8.2.7 CITY may withhold final payment or any progress payment to such extent as may be necessary
on account of:
8.2.7.1 Defective work not remedied.
8.2.7.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against
DESIGN/BUILDER.
8.2.7.3 Failure of DESIGN/BUILDER to make payments properly to suppliers, materialsmen,
subcontractors or consultants or for material or labor.
8.2.7.4 Damage to another subcontractor, supplier, material men, party, or person not remedied.
8.2.7.5 Liquidated damages pursuant to Article 6 hereof.
8.2.7.6 As-built drawings not being in a current and acceptable state. When the above grounds are
removed or resolved or DESIGN/BUILDER provides a surety bond or a consent of surety satisfactory to CITY,
which will protect CITY in the amount withheld, payment may be made in whole or in part, as applicable.
8.2.8 If, after the Project has been substantially completed, full completion thereof is materially
delayed through no fault of DESIGN/BUILDER, and the PROJECT MANAGER so certifies, CITY shall, upon
certification of the PROJECT MANAGER, and without terminating the Contract, make payment of the balance
due for that portion of the Project fully completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
8.2.9 The making and acceptance of the final payment shall constitute a waiver of all claims by CITY,
other than those arising from faulty or defective work, failure of the Project to comply with requirements of the
Contract Documents or terms of any warranties required by the Contract Documents. It shall also constitute a
waiver of all claims by DESIGN/BUILDER, except those previously made in writing and identified by
DESIGN/BUILDER as unsettled at the time of the final application for payment.
8.2.10 Payment will be made to DESIGN/BUILDER at:
Construction Technology, Inc.
P.O. Box 16576
West Palm Beach, FL 3341 6
ARTICLE 9
ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK
9.1 Without invalidating this Agreement and without notice to any surety, CITY reserves and shall
have the right to make such changes from time to time in the character or quantity of the Project as may be
2002-01 7 Page IO of35 Agreement
considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory
manner. Any extra or additional work within the scope of this Project may be accomplished by means of
appropriate field orders and supplemental instructions or change orders subject to Articles 33 and 34 herein.
ARTICLE 10
CITY'S RESPONSIBILITIES
10.1 CITY will assist DESIGN/BUILDER by placing at its disposal any available information
pertinent to the Project, including previous reports, laboratory tests, and inspections of samples, materials, and
equipment; property, boundary, easement, rights-of-way, topographic and utility surveys; property descriptions;
and known zoning, deed, and other land use restrictions.
10.2 CITY will arrange for access to and make all provisions for DESIGN/BUILDER to enter upon
public property as required for DESIGN/BUILDER to perform its services.
ARTICLE 11
RESOLUTION OF DISPUTES
11.1 To prevent all disputes and litigation, it is agreed by the parties hereto that the PROJECT
MANAGER shall decide all questions, difficulties, and disputes of whatever nature which may arise relative to
the technical interpretation of the Contract Documents and fulfillment of this Agreement as to the character,
quality, amount, and value of any work done and materials fished under or by reason of this Agreement, and
the PROJECT MANAGER'S estimates and decisions upon all claims, questions, and disputes shall be final and
conclusive upon the parties hereto. This Article does not preclude either or both parties from seeking any and all
remedies available at law or in equity. The parties hereto may also, if mutually agreed, seek arbitration or
mediation to resolve any dispute related to this Contract. Nothing herein however shall preclude CITY from filing
suit in a court of competent jurisdiction.
ARTICLE 12
ASSIGNMENT
12.1 Neither party to this Agreement shall assign this Agreement or subcontract it as a whole without
the written consent of the other, nor shall DESIGN/BUILDER assign any monies due or to become due to it
hereunder without the prior written consent of the PROJECT MANAGER.
ARTICLE 13
PROJECT MEETINGS
13.1 DESIGN/BUILDER shall schedule periodic work progress meetings and specially called
meetings as needed with the PROJECT MANAGER relating to the designbuild services under this Agreement.
DESIGN/BUILDER shall record the minutes of such meetings, include significant proceedings and decision(s)
within the minutes, and reproduce and distribute copies of minutes within five (5) business days after each
meeting, plus incorporate comments received or exceptions taken by those present who have reviewed and
commented on the minutes.
ARTICLE 14
SECURITY
14.1 DESIGN/BUILDER shall provide a project security program to protect work, stored products,
and construction equipment from theft and vandalism, and to protect premises from entry by unauthorized
persons. In the event any such materials, equipment, and supplies are lost, stolen, damaged, or destroyed prior to
2002-01 7 Page I I of35 Agreement
final inspection and acceptance, DESIGNBUILDER shall replace same without cost to CITY.
ARTICLE 15
INSPECTION OF PROJECT
15.1 The PROJECT MANAGER or Designee shall, at all times, have access to the Project, and
DESIGN/BUILDER shall provide proper facilities for such access.
15.1.1 Should the Contract Documents, instructions, any laws, ordinances, or any public authority
require any work for the Project to be specially tested or approved, DESIGNBUILDER shall give to the
PROJECT MANAGER timely notice of readiness of the work for inspection. If the testing or approval is to be
made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Inspections
shall be made promptly, and, where practicable, at the source of supply. If any work for the Project should be
covered up without approval or consent of the PROJECT MANAGER, it must, if required by the PROJECT
MANAGER, be uncovered for examination and properly restored at DESIGN/BUILDER’s expense.
15.1.2 Reexamination and retesting of any work for the Project may be ordered by the PROJECT
MANAGER; and if so ordered, such work must be uncovered by DESIGN/BUILDER. If work is found
defective, DESIGNBUILDER shall bear all direct, indirect, and consequential expenses of such removal or
correction. If such work is found to be in accordance with the Contract Documents, CITY shall pay the cost of
reexamination, retesting, and replacement.
15.2 The payment of any compensation, regardless of its character or form, or the giving of any
gratuity or the granting of any valuable favor by DESIGN/BUILDER to any Inspector other than its consultant, is
forbidden, and any such act on the part of DESIGN/BUILDER will constitute a breach of this Agreement.
ARTICLE 16
SUPERINTENDENCE AND SUPERVISION
16.1 The orders of CITY are to be given through the PROJECT MANAGER, whose instructions are to
be strictly and promptly followed in every case. DESIGN/BUILDER shall keep on the Project during its progress
a competent resident supervisor, who shall serve as the Designated Representative, and any necessary assistants.
The Designated Representative shall serve as Superintendent on site and shall be responsible for continuous field
supervision, coordination, and completion of the work. The Designated Representative shall not be changed
except with the consent of the PROJECT MANAGER, unless the Designated Representative proves to be
unsatisfactory to DESIGN/BUILDER and ceases to be in its employ. The Project representative shall represent
DESIGN/BUILDER, and all direction given to the Designated Representative shall be as binding as if given to
DESIGN/BUILDER. Directions will be confirmed in writing to DESIGN/BUILDER. Other directions will be so
confirmed on written request in each case.
16.2 DESIGN/BUILDER’s Designated Representative shall prepare, on a daily basis, and keep on the
Project site, a bound log setting forth at a minimum for each day: the weather conditions and how any weather
conditions affected progress of the work; work performed; equipment utilized for the work; any idle equipment
and reasons for idleness; visitors to the Project site; labor utilized for the work; and any materials delivered to the
Project site. The daily log shall be available for inspection by the PROJECT MANAGER at all times during the
Proj ect .
16.3 If DESIGN/BUILDER, in the course of the Project, finds any discrepancy between the Contract
Documents and the physical conditions of the locality, or any errors or omissions in the Contract Documents,
including drawings (plans) and specifications, it shall be the DESIGN/BUILDER’s duty to immediately inform
the PROJECT MANAGER in writing, and the PROJECT MANAGER will promptly verify the same. Any work
2002-01 7 Page I2 of 35 Agreement
done prior to or after such discovery will be done at DESIGN/BUILDER's sole risk.
16.4 DESIGN/BUILDER shall coordinate, supervise, and direct the Project competently and
efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform
the Project in accordance with the Contract Documents. DESIGN/BUILDER shall be solely responsible for the
design, means, methods, techniques, safety, sequences, and procedures of construction. DESIGNBUILDER shall
give efficient supervision to the work, using DESIGN/BUILDER's best skill, attention, and judgment.
ARTICLE 17
CITY'S RIGHT TO TERMINATE AGREEMENT
17.1 The following shall give CITY the right to terminate this Agreement with DESIGN/BUILDER:
17.1.1 DESIGNBUILDER fails to begin the design and construction of the Project within the time
specified, or fails to perform the Project with sufficient workers and equipment or with sufficient materials to
insure the prompt completion of the Project, or shall perform the work unsuitably, or cause it to be rejected as
defective and unsuitable, or shall discontinue the prosecution of the Project.
17.1.2 If DESIGNBUILDER shall become insolvent, be declared bankrupt, commit any act of
bankruptcy or insolvency, make an assignment for the benefit of creditors, or as a result of any other cause
whatsoever not carry on the Project in an acceptable manner, the PROJECT MANAGER may give notice in
writing to DESIGNBUILDER and its Surety of such delay, neglect or default, specifying the same. If
DESIGN/BUILDER, within a period of ten (10) days after such notice, shall not proceed in accordance therewith,
then CITY may, upon written certificate from the PROJECT MANAGER of the fact of such delay, neglect or
default and DESIGN/BUILDER's failure to comply with such notice, terminate the services of
DESIGNIBUILDER, exclude DESIGN/BUILDER from site and take the prosecution of the Project out of the
hands of DESIGN/BUILDER, and appropriate or use any or all materials and equipment on the Project site as
may be suitable and acceptable.
17.2 In the event of an occurrence under Section 17.1 above, DESIGN/BUILDER shall not be entitled
to receive any further payment until the Project is finished.
17.3 In the event of an occurrence under Section 17.1 above, CITY may enter into a separate
agreement for the completion of the Project according to the terms and provisions of the Contract Documents or
use such other methods as in its opinion shall be required for the completion of the Project in an acceptable
manner.
17.4 In the event of an occurrence under Section 17.1 above, all damages, costs, and charges incurred
by CITY shall be deducted from any monies due or which may become due to said DESIGN/BUILDER. Actions
will be instituted to recover on the posted bonds. In case the damages and expenses so incurred by CITY shall be
less than the sum which would have been payable under this Agreement, if it had been completed by said
DESIGN/BUILDER, then DESIGNBUILDER shall be entitled to receive the difference. If such damages and
costs exceed the unpaid balance, then DESIGN/BUILDER shall be liable and shall pay to CITY the amount of
said excess.
17.5 If, after Notice of Termination is given to DESIGN/BUILDER, it is determined for any reason
that DESIGN/BUILDER was not in default or breach of this Agreement, the rights and obligations of CITY and
DESIGN/BUILDER shall be the same as if the notice of termination had been issued pursuant to the Termination
for Convenience clause as set forth in Section 17.6 below.
17.6 The performance of work under this Agreement may be terminated in writing by the PROJECT
2002-0 I7 Page13of35 Agreement
MANAGER for convenience upon not less than ten (10) days written notice to DESIGN/BUILDER (delivered
by certified mail, return receipt requested or by such overnight delivery service such as FedEx), of intent to
terminate and the date on which such termination becomes effective. In such case, DESIGN/BUILDER shall be
paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs
reasonably incurred by DESIGNBUILDER relating to commitments, which had become DESIGN/BUILDER's
prior to the date of termination. Payment shall include services actually performed in full prior to termination
date, but shall exclude all lost profits, direct, indirect, consequential, or special damages, or other damages for the
remainder of the project.
17.7 Upon receipt of Notice of Termination pursuant to Articles 17.1, 17.5, or 17.6 above,
DESIGN/BUILDER shall promptly discontinue all affected work unless the Notice of Termination directs
otherwise and deliver or otherwise make available to the PROJECT MANAGER all data, drawings,
specifications, reports, estimates, summaries, and such other information as may have been required by the
Contract Documents whether completed or in process.
17.8 If a Court of competent jurisdiction finds that the CITY wrongfully terminated this Contract, then
in such event, this Contract shall be deemed terminated for convenience as provided for in Section 17.6 and the
Contractor shall not be entitled to damages or loss of profits, but shall include all items provided for in Section
17.6 herein.
ARTICLE 18
DESIGNIBUILDER S RIGHT TO STOP WORK OR TERMINATE CONTRACT
18.1 If the Project should be stopped under an order of any court or other public authority for a period
of more than ninety (90) calendar days, through no act or fault of DESIGN/BUILDER or of anyone employed by
DESIGN/BUILDER, or if the PROJECT MANAGER should fail to review and approve or state in writing
reasons for non-approval of any estimate for payment within twenty (20) days after it is presented, or if CITY
fails to pay DESIGN/BUILDER within thirty (30) days after presentation by DESIGN/BUILDER of any proper
invoice accompanied by the required update of the CPM, then DESIGNBUILDER may, upon seven (7) days
written notice to CITY and the PROJECT MANAGER, stop work or terminate this Agreement and recover from
CITY payment for all work executed and any expense sustained plus reasonable termination expenses.
ARTICLE 19
PLANS AND WORKING DRAWINGS
19.1 All approved plans, general and detail, are to be deemed a part of this Agreement, and the plans
and specifications and Agreement are to be considered together, and are intended to be mutually complementary,
so that any work shown on the plans, though not specified in the specifications, and any work specified in the
specifications though not shown on the plans, is to be executed by DESIGNBUILDER as part of this Agreement.
All things which in the opinion of the PROJECT MANAGER may reasonably be inferred from this Agreement
and plans as developed by DESIGNIBUILDER and approved by the PROJECT MANAGER are to be executed
by DESIGN/BUILDER under the terms of this Agreement; and the PROJECT MANAGER shall determine
whether the detail plans conform to the Contract Documents, except as may be otherwise determined by the
PROJECT MANAGER. All plans, specifications, and related technical documentation should be in the form of a
CADD drawing file and paper copy.
ARTICLE 20
DESIGN/BUILDER TO CHECK DRAWINGS AND DATA
20.1 DESIGN/BUILDER shall take measurements and verify all dimensions, conditions, quantities,
and details shown on the drawings, schedules, or other data received from the PROJECT MANAGER, and shall
2002-0 I7 Page I4 of 35 Agreement
notify the PROJECT MANAGER of all errors, omissions, conflicts, and discrepancies found therein. Failure to
discover or correct errors, conflicts, or discrepancies shall not relieve DESIGN/BUILDER of full responsibility
for unsatisfactory work, faulty construction, or improper operation resulting there from nor from rectifying such
condition at DESIGN/BUILDERs own expense. DESIGN/BUILDER will not be allowed to take advantage of
any error or omission.
ARTICLE 21
WARRANTY
21.1 DESIGN/BUILDER warrants to CITY that all materials and equipment furnished for the Project
will be new unless otherwise specified and that all work for the Project will be of good quality, free from faults
and defects, and in conformance with the Contract Documents. All work for the Project not conforming to these
requirements, including substitutions not properly approved and authorized, may be considered defective. If
required by the PROJECT MANAGER, DESIGN/BUILDER shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
ARTICLE 22
DELIVERY AND STORAGE OF MATERIALS AND PARTIAL PAYMENT THEREFOR
22.1 CITY may, at its sole option, allow partial payment for materials delivered and stored either on or
off site for use on the Project.
22.2 Material stored on the job site shall be verified as to quantity and condition by the PROJECT
MANAGER or hisher representative prior to receipt of any payment. Safeguarding the material shall be the
responsibility of DESIGN/BUILDER. Any materials that have been lost, stolen, damaged, or otherwise deemed
unacceptable by the PROJECT MANAGER shall be replaced by DESIGN/BUILDER at no additional cost to
CITY.
22.3 Materials stored off the job site for which partial payment is sought shall be stored in a bonded
warehouse. The material shall be inspected by the PROJECT MANAGER who will verify quantities and
condition of all materials. Safeguarding the material shall be the responsibility of DESIGN/BUILDER.
ARTICLE 23
GENERAL QUALITY OF WORK
23.1 Articles, materials, and equipment specified or shown on drawings shall be new and shall be
applied, installed, connected, erected, used, cleaned, and conditioned for proper forming, as per the manufacturer's
directions, and as approved by the PROJECT MANAGER. DESIGN/BUILDER shall, if required, furnish
satisfactory evidence as to kind and quality of the materials.
23.2 DESIGN/BUILDER shall apply, install, connect, and erect manufactured items or materials
according to recommendations of manufacturer when such recommendations are not in conflict with the Contract
Documents. DESIGN/BUILDER shall furnish copies of manufacturer's recommendations to the PROJECT
MANAGER before proceeding with the work.
ARTICLE 24
DEFECTIVE WORK
24.1 The PROJECT MANAGER shall have the authority to reject or disapprove work for the Project,
which the PROJECT MANAGER finds to be defective. If required by the PROJECT MANAGER,
DESIGN/BUILDER shall promptly, as directed, correct all defective work or remove it from the Project site and
2002-0 I7 Page I5 of35 Agreement
replace it with non-defective work. DESIGN/BUILDER shall bear all direct, indirect, and consequential costs of
such removal or correction.
24.2 If, within one (1) year after substantial completion, any work is found to be defective or not in
accordance with the Contract Documents, DESIGN/BUILDER shall correct it promptly without cost to CITY,
after receipt of written notice from CITY to do so, unless CITY has given DESIGN/BUILDER a written
acceptance of such conditions. Nothing contained herein shall be construed to establish a period of limitation
with respect to any other obligation, which DESIGN/BUILDER might have under the Contract Documents,
including Article 21 hereof, or applicable state law.
24.3 Should DESIGN/BUILDER fail or refuse to remove or correct any defective work performed for
the Project or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of
this Agreement within the time indicated in writing, CITY shall have the authority to cause the unacceptable or
defective work to be removed or corrected, or make such repairs as may be necessary to be made at
DESIGN/BUILDER’s expense. Any expense incurred by CITY in making these removals, corrections or repairs,
which DESIGN/BUILDER has failed or refused to make, shall be paid for out of any monies due or which may
become due to DESIGN/BUILDER, or may be charged against the bond or guaranty. Continued failure or refusal
on the part of DESIGN/BUILDER to make any or all necessary repairs promptly, fully, and in acceptable manner
shall be sufficient cause for CITY to declare this Agreement forfeited, in which case CITY, at its option, may
purchase materials, tools, and equipment and employ labor or may contract with any other individual,
DESIGN/BUILDER or corporation, or may proceed with its own forces to perform the work. All costs and
expenses incurred thereby shall be charged against the defaulting DESIGN/BUILDER, and the amount thereof
deducted from any monies due, or which may become due to DESIGN/BUILDER, or shall be charged against the
bond or guaranty. Any special work performed, as described herein, shall not relieve DESIGN/BUILDER in any
way from its responsibility for the work performed by it.
24.4 Failure to reject any defective work or material shall not in any way prevent later rejection when
such defect is discovered or obligate CITY to final acceptance.
ARTICLE 25
SUBCONTRACTS
25.1 DESIGN/BUILDER shall, after award and prior to the start of construction, notify the PROJECT
MANAGER in writing of the names of subcontractors proposed for the Project and identify the portion of the
work for the Project each will perform. DESIGN/BUILDER shall have a continuing obligation to notify the
PROJECT MANAGER of any change in subcontractors. Notification of the names of subcontractors shall not
relieve DESIGN/BUILDER from the prime responsibility of full and complete satisfactory performance of all
contractual obligations. DESIGN/BUILDER shall solicit subcontractors from the CITY’S approved Proposer list.
DESIGN/BUILDER shall give first priority for award of all key subcontracts to local (Palm Beach Gardens)
contractors.
ARTICLE 26
SEPARATE CONTRACTS
26.1 CITY reserves the right to let other contracts in connection with this Project.
DESIGN/BUILDER shall afford other contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work and shall properly connect and coordinate this work with theirs.
26.2 If any part of DESIGN/BUILDER’s work depends for proper execution or results upon the work
of any other contractors, DESIGN/BUILDER shall inspect and promptly report to the PROJECT MANAGER any
defects in such work that render it unsuitable for such proper execution and results. DESIGN/BUILDER’ s failure
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to so inspect and report shall constitute an acceptance of the other contractors’ work as fit and proper for the
reception of contractors’ work, except as to defects which may develop in other contractors’ work after the
execution of contractors’ work.
26.3 To insure the proper execution of its subsequent work, DESIGN/BUILDER shall inspect the
work already in place and shall at once report to the PROJECT MANAGER any discrepancy between the
executed work and the requirements of the Contract Documents.
26.4 No claim for damages or any claim other than for an extension of time shall be made or asserted
against CITY by reason of any delays due to work of other contractors.
ARTICLE 27
USE OF COMPLETED PORTIONS
CITY must inform the DESIGNBUILDER prior to the completion negotiations if any portion of this
Project will be utilized prior to normal construction completion.
27.1 CITY shall have the right to take possession of and use any completed or partially completed
portions of the Project. Such possession and use shall not be deemed an acceptance of any work not completed in
accordance with the Contract Documents. If such possession and use delays the Project, DESIGN/BUILDER
shall be entitled to reasonable extension of time, as determined by CITY.
27.2 In the event CITY takes possession, the following shall occur:
27.2.1 The PROJECT MANAGER shall give notice to DESIGN/BUILDER at least fifteen (1 5) days in
advance on intent to occupy a designated area.
27.2.2 DESIGNBUILDER shall bring the designated area to point of Substantial Completion. When
DESIGN/BUILDER considers that the designated area of the Project is substantially complete,
DESIGN/BUILDER shall so notify the PROJECT MANAGER in writing and shall prepare for submission to the
PROJECT MANAGER a list of items to be completed or corrected. The failure to include any items on such list
does not alter the responsibility of DESIGN/BUILDER to complete work on the designated area in accordance
with the Contract Documents. The PROJECT MANAGER shall conduct an inspection to determine that the
designated portion of the Project is substantially complete. The PROJECT MANAGER will then instruct
DESIGN/BUILDER to deliver to CITY a Certificate of Occupancy pertinent to the designated portion, which
Certificate of Occupancy shall be issued by the appropriate authority having jurisdiction over the Project. The
PROJECT MANAGER and DESIGNBUILDER shall agree on the time within which DESIGNBUILDER shall
complete the items listed.
27.2.3 Upon issuance and acceptance of Certificate of Substantial Completion and Certificate of
Occupancy (CO), CITY will assume full responsibility for maintenance, utilities, and subsequent damages of
CITY and public, adjustment of insurance coverages and start of warranty for occupied area.
DESIGN/BUILDER shall remain responsible for all items listed to be completed or corrected as submitted to the
PROJECT MANAGER as required in substantial completion process.
27.2.4 If CITY finds it necessary to occupy or use a portion or portions of the Project prior to Substantial
Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by the
PROJECT MANAGER and DESIGN/BUILDER and to which the insurance company or companies providing
the property insurance have consented by endorsement to the policy or policies. This insurance shall not be
canceled or lapsed on account of such partial occupancy or use. Consent of DESIGN/BUILDER and of the
insurance company or companies to such occupancy or use shall not be unreasonably withheld.
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ARTICLE 28
CONSTRUCTION AREA
28.1 DESIGN/BUILDER shall use areas approved by CITY for deliveries and person el. Contract
Equipment, material, and personnel shall be in limits of construction area are indicated on the drawings.
conformance with this Contract.
28.2 To provide for maximum safety and security, DESIGN/BUILDER shall erect and maintain all
necessary barricades and any other temporary walls and structures, as required, and boarding to protect life and
property during the period of construction.
ARTICLE 29
LANDS FOR WORK
29.1 CITY shall provide, as indicated in the Contract Documents, the lands upon which the Project is
to be performed, rights-of-way, and easements for access thereto, and such other lands as are designated for the
use of DESIGN/BUILDER. No claim for damages or other claim other than for an extension of time shall be
made or asserted against CITY by reason of any delay arising as a result of any failure of CITY to provide such
lands on the date needed by DESIGN/BUILDER. The provisions of Article 36 hereof shall apply.
ARTICLE 30
LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
30.1 DESIGN/BUILDER shall conform to all applicable laws, regulations, codes, directives,
guidelines, or ordinances with regard to labor employed, hours of work, and DESIGN/BUILDER's general
operations. DESIGN/BUILDER shall also conduct its operations so as not to close any thoroughfare, nor
interfere in any way with traffic on highways without the written consent of the proper authorities.
ARTICLE 31
DAMAGE TO EXISTING FACILITIES, EQUIPMENT OR UTILITIES
3 1.1 Existing utilities have been shown on the drawings provided to DESIGN/BUILDER insofar as
information is reasonably available; however, it will be DESIGN/BUILDER's responsibility to verify such
information and to preserve all existing utilities whether shown on the drawings or not. If utility conflicts are
encountered by DESIGN/BUILDER during construction, DESIGN/BUILDER shall give sufficient notice to the
owners of the utilities so that they may make the necessary adjustments.
3 1.2 DESIGN/BUILDER shall exercise care and take all precautions during excavation and
construction operations to prevent damage to any existing facilities, equipment, or utilities. Any damage caused
by DESIGN/BUILDER shall be reported immediately to the PROJECT MANAGER, and such work shall be
repaired and/or replaced by DESIGN/BUILDER in a manner approved by CITY. All costs to repair and/or
replace any damage to existing facilities, equipment, or utilities shall be the sole responsibility of
DESIGN/BUILDER, and such repair or replacement shall be performed expeditiously without cost to CITY.
31.3 DESIGN/BUILDER shall provide that type of required protection for finished work at all times
and protect adjacent work during cleaning operations and make good any damage resulting from neglect of this
precaution.
3 1.4 Protection of work shall include protecting of work that is factory finished, during transportation,
storage, during and after installation. Where applicable and as required, DESIGN/BUILDER shall close off
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spaces of areas where certain work has been completed to protect it from any damages caused by others during
their operations.
3 1.5 DESIGN/BUILDER shall store materials and shall be responsible for and shall maintain partly or
wholly finished work during the continuance of the Contract and until the final acceptance of the structure. If any
materials or part of the work should be lost, damaged, or destroyed by any cause or means whatsoever,
DESIGN/BUILDER shall satisfactorily repair and replace the same at DESIGN/BUILDER's own cost.
DESIGN/BUILDER shall maintain suitable and sufficient guards and barriers, and at night, suitable and sufficient
lighting for the prevention of accidents.
3 1.6 To all applicable Sections where preparatory work is part of work thereon, DESIGN/BUILDER
shall carehlly examine surfaces over which its finished work is to be installed, laid, or applied, before
commencing with the work. DESIGN/BUILDER shall not proceed with said work until defective surfaces on
which work is to be applied are corrected satisfactorily to the PROJECT MANAGER. Commencement of work
shall be considered acceptance of surfaces and conditions.
ARTICLE 32
CONTINUATION OF THE WORK
32.1 DESIGN/BUILDER shall carry on the Project and adhere to the progress schedule during all
disputes or disagreements with CITY. No work shall be delayed or postponed pending resolution of any disputes
or disagreements.
ARTICLE 33
FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
33.1 The PROJECT MANAGER shall have the right to approve and issue field orders setting forth
written interpretations of the intent of the Contract Documents and ordering minor changes in contract execution,
providing the field order involves no change in the total cost of the Project or the time of performance.
33.2 The PROJECT MANAGER shall have the right to approve and issue supplemental instructions
setting forth written orders, instructions, or interpretations concerning this Agreement or its performance,
provided they make no major changes in contract execution and involve no change in the total cost of the Project
or the time of performance.
ARTICLE 34
CHANGE ORDERS
(CHANGES IN QUANTITIES OF WORK OR CONTRACT PRICE)
34.1 Changes in the quantity or character of work within the scope of this Project, which are not
properly the subject of field orders or supplemental instructions, to include all changes resulting in changes in the
total cost of the Project or the time of performance, shall be authorized only by change orders approved and
issued by CITY.
34.2 DESIGN/BUILDER shall not start work on any alteration requiring an increase in price or
extension of time for completion until a change order setting forth the adjustments is approved by CITY.
34.3 All changes to construction contracts must be approved in advance in accordance with the value
of the change order or the calculated value of the time extension. All contract change orders of Fifty Thousand
Dollars ($50,000.00) or more, or twenty percent (20%) of the contract amount, whichever is greater, shall be
approved, in advance, by the Council. The approval of change orders less than Fifty Thousand Dollars
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($50,000.00) may be approved by the PROJECT MANAGER.
34.4 In the event satisfactory adjustment cannot be reached for any item requiring a change order,
CITY reserves the right, at its own option, to either terminate this Agreement as it applies to the items in question
and make such arrangements as may be deemed necessary to complete the Project, or submit the matter in dispute
to the PROJECT MANAGER as set forth herein. During the pendency of the dispute resolution,
DESIGN/BUILDER shall proceed with the work set forth within the change order if the estimated dollar amount
of the change order is less than Fifty Thousand Dollars ($50,000.00).
34.5 On approval of any change order increasing the price, DESIGN/BUILDER shall ensure that the
applicable Performance and Payment Bonds and Guarantees are each increased so that it reflects the total amount
of the Project as increased.
34.6 Change Orders may be issued unilaterally by CITY.
ARTICLE 35
VALUE OF CHANGE ORDER WORK
35.1 The value of any work covered by a Change Order or of any claim for an increase or decrease in
the Contract sum shall be determined in one of the following ways:
35.1.1 Where the work involved is covered by unit prices contained in the Contract Documents, by
application of unit prices to the quantities of items involved, subject to the provisions of Article 36 herein.
35.1.2 By mutual acceptance of a lump sum, this includes a DESIGN/BUILDER's fee for overhead and
profit and includes any subcontractor fees.
35.1.3 On the basis of the ''cost of the work" determined as provided plus a DESIGN/BUILDER's fee
for overhead and profit, which is determined as, provided in the applicable provisions of this Agreement.
35.2 The term "cost of work" means the sum of all costs necessarily incurred and paid by
DESIGN/BUILDER in the proper performance of the Project. Except as otherwise may be agreed to in writing
by CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall
include only the following items, and shall not include any other costs whatsoever:
35.2.1 Payroll costs for employees in the direct employ of DESIGNBUILDER in the performance of
the Project under schedules of job classifications agreed upon by CITY and DESIGN/BUILDER. Payroll costs
for employees not employed full-time on the Project shall be apportioned on the basis of their time spent on the
Project. Payroll costs shall include, but not be limited to, salaries and wages, plus the cost of fringe benefits,
which shall include social security contributions, unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable thereto.
Such employees shall include superintendents and foremen at the Project site. The expenses of performing the
work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent
authorized by CITY. Insurance and benefits will be based on single time.
35.2.2 Cost of all materials and equipment furnished and incorporated in the Project, including costs of
transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash
discounts shall accrue to DESIGN/BUILDER unless CITY deposits funds with DESIGN/BUILDER with which
to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY, and
DESIGNIBUILDER shall make provisions so that they may be obtained.
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35.2.3 Payments made by DESIGN/BUILDER to subcontractors for work performed by subcontractors.
The term subcontractor shall include architects and engineers employed for services specifically related to the
Project. If required by the PROJECT MANAGER, DESIGN/BUILDER shall obtain competitive Proposals from
subcontractors acceptable to DESIGN/BUILDER and shall deliver such Proposals to CITY who will then
determine which Proposals will be accepted. If the subcontract provides that the subcontractors are to be paid on
the basis of cost of the work plus a fee, the subcontractors' cost of the work shall be determined in the same
manner as DESIGN/BUILDER's cost of the work. Whenever a subcontractor is involved, a complete and
separate breakdown must be submitted by the subcontractor for its portion of work. All subcontractors shall be
subject to the other provisions of the Contract Documents insofar as applicable.
35.2.4 Costs of special consultants including, but not limited to, testing laboratories, surveyors, lawyers,
and accountants employed for services specifically related to the Project.
35.2.5 Supplemental costs, including the following:
35.2.5.1 The proportion of necessary transportation, travel, and subsistence expenses of
DESIGN/BUILDER's employees incurred in discharge of duties connected with the Project.
35.2.5.2 Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which
are consumed in the performance of the Project, and cost less market value of such items used but not consumed
which remain the property of DESIGNBUILDER.
35.2.5.3 Rentals of all construction equipment and machinery and the parts thereof whether rented from
DESIGNBUILDER or others in accordance with rental agreements approved by CITY and the costs of
transportation, loading, unloading, installation, dismantling, and removal thereof, all in accordance with the terms
of said agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no
longer necessary for the Project. Late charges, penalties, restocking charges, and similar assessments in said
agreements will not be recognized by CITY as a supplemental cost.
35.2.5.4 Sales, use, or similar taxes related to the Project, and for which DESIGN/BUILDER is liable,
imposed by any governmental authority.
35.2.5.5 Deposits lost for causes other than DESIGN/BUILDER's negligence, royalty payments, and fees
for permits and licenses.
35.2.5.6 The cost of utilities, fuel, and sanitary facilities at the site.
35.2.5.7 Minor expenses such as telegrams, long-distance telephone calls, telephone service at the site,
expressage, and similar petty cash items in connection with the Project.
35.2.5.8 Cost of premiums for additional bonds and insurance required because of changes in the Project.
35.3 The term "cost of the work" shall not include any of the following:
35.3.1 Payroll costs and other compensation of DESIGN/BUILDER's officers, executive, principals (of
partnership and sole proprietorships), general managers, estimators, lawyers, auditors, accountants, purchasing
and contracting agents, expediters, timekeepers, clerks, and other personnel employed by DESIGNIBUILDER
whether at the Project site or in DESIGN/BUILDER's principal or branch office for general administration of the
Project and not specifically included in the agreed-upon schedule of job classifications referred to in Section
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35.2.1, all of which are to be considered administrative costs covered by DESIGN/BUILDER's fee.
35.3.2 Expenses of DESIGN/BUILDER's principal and branch offices other than DESIGN/BUILDER's
office at the Project site.
35.3.3 Any part of DESIGN/BUILDER's capital expenses, including interest on DESIGN/BUILDER's
capital employed for the Project and charged against DESIGN/BUILDER for delinquent payments.
35.3.4 Cost of premiums for all bonds and for all insurance whether or not DESIGN/BUILDER is
required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance
required because of changes in the Project.
35.3.5 Costs due to the negligence of DESIGN/BUILDER or any subcontractors, any consultants, or
anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including, but
not limited to, the correction of defective or nonconforming work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
35.3.6 Other overhead or general expense costs of any kind and the cost of any item not specifically and
expressly included in Section 35.2.
35.4 DESIGN/BUILDER's fee allowed to DESIGN/BUILDER for overhead and profit shall be
determined as follows:
35.4.1 A mutually acceptable fixed fee, which shall not exceed percentages, set forth below; or if none
can be agreed upon,
35.4.2 A fee based on the following percentages of the various portions of the cost of the work:
35.4.2.1 For costs incurred under Sections 35.2, 35.2.1 and 35.2.2, DESIGN/BUILDER's fees shall not
exceed ten percent ( 10%);
35.4.2.2 For costs incurred under Sections 35.2.3 or 35.2.4, DESIGN/BUILDER's fee shall not exceed
five percent (5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to
the subcontractor as a fee for overhead and profit shall not exceed ten percent (1 0%); and
35.4.2.3 No fee shall be payable on the basis of cost itemized under Sections 35.2.5 and 35.3.
35.5 The amount of credit to be allowed by DESIGN/BUILDER to CITY for any such change, which
results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits
are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase,
if any.
35.6 Whenever the cost of any work is to be determined pursuant to Sections 35.1 through 35.2.4,
DESIGN/BUILDER will submit, in a form acceptable to the PROJECT MANAGER, an itemized cost breakdown
together with the supporting data.
35.7 Where the quantity of work with respect to any item that is covered by a unit price is increased or
decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract
Documents, an appropriate change order may be issued to adjust the unit price, if warranted.
35.8 Whenever a change in the work is to be based on mutual acceptance of a lump sum, whether the
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amount is an addition, credit, or no-change-in-cost, DESIGNIBUILDER shall promptly submit to the PROJECT
MANAGER an estimate substantiated by a complete itemized breakdown.
35.8.1 Breakdown shall list quantities and unit prices for materials, labor, equipment, and other items of
cost.
35.8.2 Whenever a change involves DESIGN/BUILDER and one or more subcontractors or consultants
and the change is an increase in the contract price, overhead, and profit percentages for DESIGN/BUILDER and
each subcontractor or consultant shall be itemized separately.
35.9 Each change order must state within the body of the change order whether it is based upon unit
price, negotiated lump sum, or "cost of work.''
ARTICLE 36
CHANGE OF CONTRACT TIME OR CONTRACT SUM
36.1 The contract time set forth in Article 6 or the fee to be paid to DESIGN/BUILDER may only be
changed by a change order. Any claim for an extension of the contract time or for an increase in the fee to be paid
to DESIGNBUILDER shall be based on written notice delivered by the party making the claim to the PROJECT
MANAGER promptly (but in no event later than seven (7) calendar days after the occurrence of the event giving
rise to the claim and stating the general nature of the claim). Notice of the extent of the claim with supporting
data shall be delivered within sixty (60) calendar days after such occurrence (unless PROJECT MANAGER
allows, in writing, an additional period of time to ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which
the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for
adjustment in the contract time or for an increase in the fee to be paid to DESIGN/BUILDER shall be determined
by the PROJECT MANAGER in accordance with Article 10. No claim for an adjustment in the contract time or
for an increase in the fee to be paid to DESIGN/BUILDER will be valid if not submitted in strict accordance with
the requirements of this Article.
36.2 The contract time will be extended in an amount equal to time lost due to days beyond the control
of and through no fault or negligence of DESIGN/BUILDER if a claim is made therefore as provided in Article
36.1. Such delays shall include, but not be limited to, acts of neglect by CITY, or by any employee of CITY, or
any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions,
or acts of God.
ARTICLE 37
NO DAMAGES FOR DELAY
37.1 REGARDLESS OF ANY PROVISION TO THE CONTRARY, NO CLAIM FOR DAMAGES
OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED
AGAINST CITY BY REASON OF ANY DELAYS. DESIGN/BUILDER shall not be entitled to an increase in
the Contract Sum or payment or compensation of any kind from CITY for direct, indirect, consequential, impact
or other costs, expenses, or damages, including, but not limited to, costs of acceleration or inefficiency, arising
because of delay, disruption, interference, or hindrance from any cause whatsoever, whether such delay,
disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable. DESIGNIBUILDER shall be entitled only to extensions of the contract time as the sole and
exclusive remedy for such resulting delays, in accordance with and to the extent specifically provided above.
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ARTICLE 38
SUBSTANTIAL COMPLETION
38.1 When DESIGNBUILDER considers that the Project, or a designated portion thereof which is
acceptable to CITY, is substantially complete, and all certificates of occupancy have been obtained,
DESIGNBUILDER shall so notify the PROJECT MANAGER in writing and shall prepare for submission to the
PROJECT MANAGER a thorough list of items to be completed or corrected, together with a schedule for
completion of all items. The failure to include any items on such list does not alter the responsibility of
DESIGNBUILDER to complete all work in accordance with the Contract Documents.
38.2 The PROJECT MANAGER shall conduct an inspection to determine that the Project or
designated portion thereof is substantially complete. The PROJECT MANAGER will then instruct
DESIGN/BUILDER to prepare and deliver to the PROJECT MANAGER a Certificate of Substantial Completion,
which shall establish the date of Substantial Completion. After review of the Certificate by the PROJECT
MANAGER, CITY shall either accept or reject the Certificate. The PROJECT MANAGER shall fix the time
within which DESIGN/BUILDER shall complete the items listed therein. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion. The Certificate of Substantial Completion
shall be submitted to CITY through the PROJECT MANAGER and DESIGN/BUILDER for their written
acceptance of the responsibilities assigned to them in such Certificate.
ARTICLE 39
SHOP DRAWINGS
39.1 DESIGN/BUILDER shall submit Shop Drawings for all equipment, apparatus, machinery,
fixtures, piping, wiring, fabricated structures, and manufactured articles. The purpose of the Shop Drawings is to
show the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and
evidence of its compliance or noncompliance with the Contract Documents.
39.2 DESIGNIBUILDER shall submit to the PROJECT MANAGER a complete list of preliminary
data on items for which Shop Drawings are to be submitted. Approval of this list by the PROJECT MANAGER
shall in no way relieve DESIGN/BUILDER from submitting complete Shop Drawings and providing materials,
equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite
final approval of Shop Drawings.
39.3 After the approval of the list of items required in Section 39.2 above, DESIGN/BUILDER shall
promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers.
39.4 DESIGN/BUILDER shall thoroughly review and check the Shop Drawings and each and every
copy shall show DESIGN/BUILDER's approval thereon.
39.5 If the Shop Drawings show or indicate departures from the Contract requirements,
DESIGN/BUILDER shall make specific mention thereof in its letter of transmittal. Failure to point out such
departures shall not relieve DESIGNBUILDER from its responsibility to comply with the Contract Documents.
39.6 No work called for by Shop Drawings shall be done until the said Drawings have been approved
by the PROJECT MANAGER. Approval shall not relieve DESIGN/BUILDER and Consultant from
responsibility for errors or omissions of any sort on the Shop Drawings.
39.7 No approval will be given to partial submittal of Shop Drawings for items, which interconnect
and/or are interdependent. It is DESIGN/BUILDER's responsibility to assemble the Shop Drawings for all such
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interconnecting and/or interdependent items, check them itself and then make one (1) submittal to the PROJECT
MANAGER along with DESIGN/BUILDER's comments as to compliance, noncompliance, or features requiring
special attention.
39.8 If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings,
any additional information or changes on such drawings shall be typewritten or lettered in ink.
39.9 DESIGN/BUILDER shall submit to the PROJECT MANAGER the number of copies required by
the PROJECT MANAGER. Resubmissions of Shop Drawings shall be made in the same quantity until final
approval is obtained.
39.10 The PROJECT MANAGER'S approval of the Shop Drawings will be general and shall not
relieve DESIGNBUILDER of responsibility for the accuracy of such Drawings, nor for the proper fittings and
construction of the work, nor for the furnishing of the materials or work required by the Contract and not
indicated on the Drawings. No work called for by Shop Drawings shall be done until the said Drawings have
been approved by the PROJECT MANAGER. Approval shall not relieve DESIGN/BUILDER from
responsibility for errors or omissions of any sort on the Shop Drawings.
39.11 DESIGN/BUILDER shall keep one set of Shop Drawings marked with the PROJECT
MANAGERS approval at the Project site at all times.
ARTICLE 40
FIELD ENGINEERING
40.1 DESIGN/BUILDER shall provide and pay for field engineering services required for the Project.
This work shall include the following elements:
40.1.1 Survey work required in execution of the Project.
40.1.2 Civil, structural, or other professional engineering services specified or required to execute
DESIGN/BUILDER's construction methods.
ARTICLE 41
FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
41.1 The entire responsibility for establishing and maintaining a line and grade in the field lies with
DESIGN/BUILDER. DESIGN/BUILDER shall maintain an accurate and precise record of the location and
elevation of all pipelines, conduits, structures, manholes, handholds, fittings, and the like and shall deliver these
records in good order to the PROJECT MANAGER as the work is completed. These records shall serve as a
basis for record drawings. The cost of all such field layout and recording work is included in the prices Proposal
for the appropriate items
41.2 DESIGN/BUILDER shall maintain in a safe place at the site one (1) record copy of all Drawings
(Plans), Specifications, Addenda, written amendments, Change Orders, and written interpretations and
clarifications in good order, annotated to show all changes made during construction, and in a format compatible
with CADD equipment. These record documents, together with all approved samples and a counterpart of all
approved Shop Drawings, will be available to the PROJECT MANAGER for reference. Upon completion of the
Project, these record documents, samples, and Shop Drawings shall be delivered to the PROJECT MANAGER.
41.3 At the completion of the Project, DESIGN/BUILDER shall turn over to CITY a set of
reproducible drawings (Mylars), which accurately reflect the "as-built" conditions of the new facility and in a
Agreement 2002-0 I7 Page 25 of35
format compatible with the CITY'S CADD equipment. All changes made to the construction documents, either as
clarifications or as changes, will be reflected in the plans. The changes shall be submitted on Mylar at least
monthly to the PROJECT MANAGER. These "as-built" drawings must be signed & sealed by a Registered
Florida Engineer or Architect and must be delivered and found to be acceptable prior to final payments.
ARTICLE 42
SAFETY AND PROTECTION
42.1 DESIGN/BUILDER shall be responsible for initiating, maintaining, and supervising all safety
DESIGN/BUILDER shall take all necessary precautions and programs in connection with the Project.
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:
42.1.1 All employees on the Project and other persons who may be affected thereby;
42.1.2 All the work and all materials or equipment to be incorporated therein, whether in storage on or
off the Project site; and
42.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of
construction.
42.2 DESIGN/BUILDER shall comply with all applicable laws, ordinances, rules, codes, directives,
guidelines, regulations, and orders of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury, or loss, and shall erect and maintain all necessary safeguards for such safety
and protection. DESIGN/BUILDER shall notify owners of adjacent property and utilities when prosecution of
the work may affect them. All damage, injury or loss to any property referred to in Sections 42.1.2 and 42.1.3
above, caused directly or indirectly, in whole or in part, by DESIGN/BUILDER, any subcontractor or consultant
or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,
shall be remedied by DESIGN/BUILDER. DESIGN/BUILDER's duties and responsibilities for the safety and
protection of the Project shall continue until such time as all the Project is completed, and the PROJECT
MANAGER has issued a notice to DESIGN/BUILDER that the Project is acceptable except as otherwise
provided in Article 27, Use of Completed Portions.
42.3 DESIGN/BUILDER shall designate a responsible member of its organization at the Project site
This person shall be DESIGN/BUILDER's Designated whose duty shall be the prevention of accidents.
Representative unless otherwise designated in writing by DESIGN/BUILDER to CITY.
ARTICLE 43
PAYMENT FOR TESTS BY DESIGN/BUILDER
43.1 Except when otherwise specified in the Contract Documents, the expense of all tests and test
reports shall be borne by DESIGN/BUILDER.
ARTICLE 44
PROJECT SIGNAGE
44.1 DESIGN/BU
the PROJECT MANAGER.
PROJECT MANAGER.
LDER shall furnish and erect one construction sign at the Project site as directed by
DESIGN/BUILDER may install signage at the site subject to approval by the
2002-0 I7 Page 26 of35 Agreement
ARTICLE 45
CLEANING UP AND REMOVAL OF EQUIPMENT
45.1 DESIGN/BUILDER shall at all times keep the Project site free from accumulation of waste
materials or rubbish caused by DESIGN/BUILDER's operations. At the completion of the Project,
DESIGN/BUILDER shall remove all its waste materials and rubbish from and about the Project as well as its
tools, construction equipment, machinery and surplus materials. If DESIGN/BUILDER fails to clean up at the
completion of the Project, CITY may do so, and the cost thereof shall be charged to DESIGN/BUILDER.
45.2 CITY'S Right to Clean Up - If a dispute arises between DESIGN/BUILDER and separate
contractors as to responsibility for cleaning up, CITY may clean up, and charge the cost thereof to the contractors
responsible therefore as the PROJECT MANAGER shall determine to be just.
45.3 Removal of Eaubment - In case of termination of this Agreement before completion for any
cause whatever, DESIGN/BUILDER, if notified to do so by CITY, shall promptly remove any part or all of
DESIGN/BUILDER's equipment and supplies from the property of CITY, failing which CITY shall have the right
to remove such equipment and supplies at the expense of DESIGN/BUILDER.
ARTICLE 46
BONDS, INDEMNIFICATION AND INSURANCE
Within fifteen (15) days of being notified of the award of this Project, DESIGN/BUILDER shall furnish a
Performance and Payment Guaranty consisting of either:
46.1 Performance and Payment Bond (Surety)
46.1.1 A Performance and Payment Bond (separate Performance Bond and separate Payment Bond) of
the form and containing all the provisions of the Performance and Payment Bond (Performance Bond and
Payment Bond forms) attached hereto and made a part hereof.
46.1.2 The Bonds shall be in the amount of one hundred percent (100%) of the Contract amount
guaranteeing to CITY the completion and performance of the Project covered in this Agreement, as well as full
payment of all suppliers, material men, laborers, or subcontractors employed pursuant to this Project. Such Bonds
shall be with a surety company, which is qualified pursuant to Section 46.3, Qualifications of Surety.
46.1.3 Such Bonds shall continue in effect for one (1) year after completion and acceptance of the
Project with liability equal to one hundred percent (100%) of the Contract price, or an additional bond shall be
conditioned that DESIGN/BUILDER will, upon notification by CITY, correct any defective or faulty work or
materials which appear within one (1) year after completion of the Contract.
46.2 Performance and Payment Guaranty
46.2.1 In lieu of a Performance and Payment Bond, DESIGN/BUILDER may furnish an alternate form
of security, which may be in the form of cash, money order, certified check, cashier's check, or irrevocable letter
of credit. Such alternate forms of security shall be for the same purpose, shall be subject to the same conditions as
those applicable above, and shall be held by CITY for one (1) year after completion and acceptance of the Project.
46.3 Qualifications of Surety
46.3.1 A Performance Bond and separate Payment Bond must be executed by a surety company shown
2002-0 I7 Page 27 of35 Agreement
on the United States Treasury approved list of companies and also authorized to do business in the State of
Florida. Both bonds shall show CITY as obligee.
Policyholder’s Amount of Bond Ratings
46.3.2 The surety company shall have at least the following minimum ratings in the latest version of
Best’s Insurance Report:
Best,s Financial
500,001 to 1,000,000
1,000,001 to 2,000,000
2,000,001 to 5,000,000
5,000,001 to 10,000,000
10,000,001 to 25,000,000
25,000,001 to 50,000,000
50.000.001 or more
Size Category
B+ Class I
B+ Class I1
A Class I11
A Class IV
A Class V
A Class VI
A Class VI1
46.4 Indemnification of City
46.4.1 DESIGNBUILDER shall indemnify and hold harmless the City, and its officers and employees,
from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the DESIGNBUILDER and other
persons employed or utilized by DESIGN/BUILDER in the performance of the contract.
46.4.2 The indemnification provided above shall obligate DESIGN/BUILDER to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the
City Attorney’s option, any and all claims of liability and all suits and actions of every name and description that
may be brought against CITY which may result from the operations and activities under this Agreement whether
performed by DESIGNBUILDER, its subcontractors, its consultants, or by anyone directly or indirectly
employed by any of the above.
46.4.3 The execution of this Agreement by DESIGN/BUILDER shall obligate DESIGN/BUILDER to
comply with the foregoing indemnification provision; however, the collateral obligation of insuring this
indemnity must be complied with as set forth in Section 46.4.
46.4.4 The Payment and Performance Bond required herein shall be in conformance with Florida
Statutes 255.0515 and shall be on such forms provided by the CITY.
46.5 Insurance - DESIGN/BUILDER shall provide, pay for, and maintain in force at all times during
the Project, such insurance, including Workers’ Compensation Insurance, Employer’s Liability Insurance,
Comprehensive General Liability Insurance, and shall require Consultant to provide, pay for, and maintain in
force at all times during the Project Professional Liability Insurance, as will assure to CITY the protection
contained in the foregoing indemnification and save harmless clauses undertaken by DESIGN/BUILDER. The
Comprehensive General Liability Policy shall clearly identify the foregoing indemnification and save harmless
clauses by the additional named insured endorsement under this Article.
Such policy or policies shall be issued by companies authorized to do business in the State of Florida and
have a resident agent licensed in Florida. DESIGN/BUILDER shall specifically protect CITY by naming CITY
as an additional named insured under the Comprehensive General Liability Insurance Policy hereinafter
2002-0 I7 Page 28 of35 Agreement
described. The Professional Liability Policy or certificate and the bond shall reference this Project.
46.5.1 Professional Liability Insurance with limits of liability provided by such policy not less than One
Million Dollars ($1,000,000) each claim to assure CITY the indemnification specified herein. Such policy may
carry a deductible; however, any deductible shall not exceed Fifty Thousand Dollars ($50,000) for each claim.
The Certificate of Insurance for Professional Liability Insurance shall reference the applicable deductible and the
Project.
46.5.2 Workers' Compensation Insurance to apply for all employees in compliance with the "Workers'
Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must
include Employer's Liability with limits of One Hundred Thousand Dollars ($100,000) per occurrence.
46.5.3 Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000) per
occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability must include:
a.
b. Independent contractors.
C.
d.
e. Broad Form Property Damage.
f.
g.
Premises and/or Operations on an occurrence basis.
Products and/or Completed Operations Liability on an occurrence basis.
Explosion, Collapse, and Underground Coverages.
Broad Form Contractual Coverage applicable to this specific Agreement, including any hold
harmless and/or indemnification agreement.
Personal Injury Coverage with Employees and Contractual Exclusions removed with minimum
limits of coverage equal to those required for Bodily Injury Liability and Property Damage
Liability.
46.5.4 Business Automobile Liability with minimum limits of Three Hundred Thousand Dollars
($300,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile
Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include:
Owned vehicles.
Non-owned and hired vehicles.
46.5.5 Builder's Risk Insurance coverage shall be "all risk" with limits equal to One Hundred Percent
(100%) of the completed value of the structure(s), building(s), or addition(s). Where the contract calls for the
install of machinery or equipment, the policy must be endorsed to provide coverage on an "all risk" basis during
transit and installation. The Builder's Risk policy is issued with a deductible not to exceed Five Thousand
Dollars ($5,000.00) for any peril insured.
46.5.6 Notice of Cancellation, Expiration, andor Restriction: The policy (ies) must be endorsed to
provide CITY with thirty (30) days advanced written notice of cancellation, expiration, and/or restriction, to the
attention of the PROJECT MANAGER, 10500 North Military Trail, Palm Beach Gardens, FL 33410.
46.5.7 DESIGN/BUILDER shall furnish to the PROJECT MANAGER Certificate(s) of Insurance
evidencing the insurance coverages required herein prior to final award by the Board. Such certificate(s) shall
reference this Agreement. CITY reserves the right to require a certified copy of such policies upon request. All
certificates shall state that CITY shall be given thirty (30) days prior written notice of cancellation and/or
expiration.
46.5.8 The official title of the owner is "City of Palm Beach Gardens." This official title shall be used in
2002-0 I7 Page 29 of 35 Agreement
all insurance or other legal documentation. CITY is to be included as "Additional Insured'' with respect to
liability arising out of operations performed for CITY by or on behalf of DESIGN/BUILDER or acts or omissions
of DESIGN/BUILDER in connection with such operation.
ARTICLE 47
MISCELLANEOUS
47.1 Royalties and Patents - All fees, royalties, and claims for any invention, or pretended invention,
or patent of any article, material, arrangement appliance or method that may be used upon or in any manner be
connected with the construction of this Project or appurtenances, are hereby included in the prices stipulated in
this Agreement for said Project.
47.2 Rights of Various Interests - Whenever work being done by CITY's forces or by other contractors
is contiguous to work covered by this Agreement, the respective rights of the various interests involved shall be
established by the PROJECT MANAGER to secure the completion of the various portions of the work in general
harmony.
47.3 Ownership of Documents - Drawings, specifications, designs, models, photographs, computer
CADD discs, reports, surveys, and other data provided in connection with this Agreement are and shall become
and remain the property of CITY whether the Project for which they are made is executed or not. At the
completion of the Project, as a part of the Project closeout, copies of all drawings on CADD shall be transmitted
by DESIGNEKJILDER to the PROJECT MANAGER in addition to the as-built drawings (Mylars).
47.4 Records - DESIGN/BUILDER shall keep such records and accounts and require any and all
architects, consultants, and subcontractors to keep records and accounts as may be necessary in order to record
complete and correct entries as to personnel hours charged to this engagement. Such books and records will be
available at all reasonable times for examination and audit by CITY and for the required retention period of the
Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or if the Florida Public Records Act is
not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been
initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever
is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida
Public Records Act is determined by CITY to be applicable to DESIGN/BUILDER's records,
DESIGN/BUILDER shall comply with all requirements thereof; however, no confidentiality or nondisclosure
requirement of either federal or state law shall be violated by DESIGN/BUILDER. Any incomplete or incorrect
entry in such books, records, and accounts shall be a basis for CITY's disallowance and recovery of any payment
upon such entry.
47.5 No Contingent Fee - DESIGN/BUILDER warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for DESIGN/BUILDER, to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for DESIGN/BUILDER, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach
or violation of this provision, CITY shall have the right to terminate this Agreement without liability at its
discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
47.6 Representative of City and DesidBuilder
47.6.1 It is recognized that questions in the day-to-day conduct of the Project will arise. All
communications pertaining to the day-to-day conduct of the Project shall be addressed to the PROJECT
MANAGER.
Agreement 2002-01 7 Page 30 of35
47.6.2 DESIGN/BUILDER shall inform the PROJECT MANAGER in writing of the representative of
DESIGN/BUILDER to whom matters involving the day-to-day conduct of the Project shall be addressed.
47.7 All Prior Agreements Superseded; Amendments - The Contract Documents incorporate and
include all prior negotiations, correspondence, conversations, agreements or understandings applicable to the
matters contained herein, and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in the Contract Documents. Accordingly,
it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
It is further agreed that no modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document executed with the same formality and of equal
dignity herewith.
47.8 Notices - Whenever either party desires to give notice unto the other, it must be given by written
notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is
intended, at the place last specified; and the place for giving of notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving of notice, to-wit:
For CITY:
Todd Engle, Construction Services Director
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
For DESIGN/BUILDER:
Syd Hobbs, Project Manager
Construction Technology, Inc.
PO Box 16576
West Palm Beach, FL 33416
47.9 Truth-In-Negotiation Certificate - Signature of this Agreement by DESIGN/BUILDER shall act
as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting
the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original
Contract Price and any additions thereto shall be adjusted to exclude any significant sums, by which CITY
determines the Contract Price was increased due to inaccurate, incomplete, or non-current wage rates and other
factual unit costs. All such contract adjustments shall be made within one (1) year following the end of this
Agreement.
47.10 Interpretation - The parties hereto acknowledge and agree that the language used in this
Agreement expresses their mutual intent, and no rule of strict construction shall apply to either party hereto. The
headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning
or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender,
and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as
"herein, "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to the particular
sentence, paragraph, or Section where they appear, unless the context requires otherwise. Whenever reference is
made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all
of the subsections and subparagraphs of such Section or Article, unless the reference is expressly made to a
particular subsection or subparagraph of such Section or Article.
2002-0 I7 Page 3 I of35 Agreement
47.1 1 Condition Precedent to Agreement - It is understood by the parties to this Agreement that all
duties and obligations as set forth herein for the Design and Construction Phases of the Project (with
accompanying Support Facilities, if applicable), including the issuance of any Notice to Proceed, are contingent
upon and shall not be binding upon CITY until such time as DESIGN/BUILDER has obtained all necessary
permits, authorizations, zoning designations, variances, and approvals of whatever nature from the appropriate
governmental entities or regulatory bodies that may be required for the construction of the Project with
accompanying support facilities as set forth in Article 5 entitled SCOPE OF WORK, and delineated in the
drawings to be prepared by DESIGNBUILDER and approved by CITY.
The parties hereto acknowledge that as of the date of execution of this Agreement certain necessary
governmental approvals, including, but not limited to, those matters set forth above, may not have been obtained
by DESIGNBUILDER in order to lawfully commence the Project. CITY shall not be responsible or liable for
any damages of any nature whatsoever, including but not limited to, direct, indirect, consequential, impact or
other costs and expenses, which may arise as a result of, or connected to, the failure of any governmental entity,
other than CITY, refusing to grant any necessary approval, permit, variance, or any other required consent which
may be necessary to commence construction of the Project, or which may arise as a result of any delay in the
granting of any such approval, permit, variance or other required consent.
47.12 Environmental Regulations - CITY reserves the right to consider a DESIGN/BUILDER's history
of citations and/or violations of environmental regulations in investigating a DESIGN/BUILDER's responsibility,
and further reserves the right to declare a DESIGN/BUILDER not responsible if the history of violations warrant
such determination in the opinion of CITY. DESIGN/BUILDER shall notify CITY immediately of notice of any
citation or violation, which DESIGNBUILDER may receive during the time of performance of this contract.
47.13 Cooperative Purchasing Agreement - DESIGN/BUILDER agrees that its acceptance of the terms
and conditions of this Agreement also constitutes a proposal to all state agencies, political subdivisions, and
municipalities of the State of Florida under the same conditions, for the same prices, and for the same effective
period as this Agreement, should DESIGN/BUILDER deem it in the best interest of its business to do so.
This Agreement in no way restricts or interferes with any state agency or political subdivision of the State
of Florida, or Florida municipality, to re-propose any or all items for its own purposes. DESIGN/BUILDER
agrees that CITY shall be the priority party over any other parties utilizing this Agreement or any portion thereof
for work performed by DESIGN/BUILDER, and that DESIGN/BUILDER shall perform its work for CITY first.
47.14 Applicable Law and Venue - This Agreement shall be interpreted and construed in accordance
with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in
Palm Beach County, Florida.
47.15 Public Entity Crime Statement - DESIGN/BUILDER acknowledges the existence of Section
287.133(2)(a), Florida Statutes ("Public Entity Crimes Act"), which provides, in part, that 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 CITY, may not submit a Proposal on a contract with
CITY for the construction or repair of a public building or public work, may not submit Proposals on leases of
real property to CITY, may not be awarded or perform work as a DESIGN/BUILDER, supplier, subcontractor, or
consultant under a contract with CITY, and may not transact business with CITY in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list. Violation of this Section by
DESIGN/BUILDER shall result in termination of this Agreement by CITY without penalty.
47.16 Joint Preparation - The preparation of this Agreement has been a joint effort of the parties, and
2002-0 I7 Page 32 of35 Agreement
the resulting document shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other by virtue of the fact that it may have been physically prepared by one party or its
attorneys.
47.17 Severance - In the event this Agreement or a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or
DESIGN/BUILDER elects to terminate this Agreement. The election to terminate this Agreement based upon
this provision shall be made within seven (7) days after the finding by the court becomes final.
47.18 Waiver - No waiver of any provision of this Agreement shall be effective unless it is in writing,
signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the
specific instance to which it relates and shall not be deemed to be a continuing or future waiver.
47.19 Drug-Free Workplace - Execution of this Agreement by DESIGN/BUILDER shall serve as
DESIGNBUILDER'S certification that it either has or that it will establish a drug-free workplace consistent with
Chapter 112.0455, Florida Statutes.
47.20 Conflicts - Neither DESIGN/BUILDER nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with
DESIGN/BUILDER's loyal and conscientious exercise of judgment related to its performance under this
Agreement.
DESIGN/BUILDER agrees that none of its employees shall, during the term of this Agreement, serve as
an adverse or hostile expert witness against CITY in any legal or administrative proceeding in which he or she is
not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or
writing, as an expression of his or her opinion, which is adverse or prejudicial to the interests of CITY in any such
pending or threatened legal or administrative proceeding. The limitations of this Section shall not preclude such
persons from representing themselves in any action or in any administrative or legal proceeding regarding this
Agreement.
In the event DESIGN/BUILDER is permitted to utilize subcontractors to perform any services required
by this Agreement, DESIGN/BUILDER agrees to prohibit such subcontractors, by written contract, from having
any conflicts as within the meaning of this Section.
ARTICLE 48
SALES TAX INFORMATION
48.1 The Owner Direct Special Conditions (Sales Tax Information) are incorporated herein by
reference.
ARTICLE 49
SUPPLEMENTAL CONDITIONS
49.1 When the Contractor herein and/or Construction Manager at Risk receives payment from the
Owner for labor, services or materials furnished by subcontractor and suppliers hired by the Contractor, the
Contractor shall remit payment due those parties within ten (1 0) days after receipt of payment from the Owner,
unless otherwise provided for by Florida Law.
The parties hereto agree to develop a list of uncompleted items which shall be known as the "Punch List",
which shall be those items that are required to be completed by the Contractor and/or Construction Manager at
2002-01 7 Page 33 of35 Agreement
Risk, which ever the case may be, within thirty (30) days after the date set for Substantial Completion in the
Contract Documents. If the Project herein is a phased project, the parties agree to develop such Punch List for
each phase based upon the date(s) set for Substantial Completion of each phase within the time set forth above.
The Owner shall provide the Contractor and or the Construction Manager at Risk, which ever the case
may be, with a list of Punch List items developed by either, the Owner, or it’s Architect and/or Engineer, or other
Consultant, which ever the case may be. The Contractor andor Construction Manager at Risk agree to the Punch
List developed herein and this process. Regardless of the foregoing, nothing herein shall alter the responsibility of
the Contractor and/or Construction Manager at Risk to complete all construction services, materials, and items
contracted herein by the Owner. The Owner shall have the right, but not the obligation, to withhold the Owners,
Architects and/or Engineers estimated cost of completion for such items on the Punch List referenced above. The
Contractor andor Construction Manager at Risk, by execution of this Contract, agree to the same. Regardless of
any provision to the contrary, the Owner may withhold from each of the Contractor’s and/or Construction
Manager at Risk’s pay requests an amount not to exceed Ten (1 0) % of the payment as retainage until Fifty (50)
% of completion of the Work/Project as determined by either the Owner or It’s Architect, Engineer, or other
consultant, as the case may be. The Contractor and Construction Manager at Risk by execution of this Agreement
hereby agree to the same. After Fifty (50) % completion of the WorWProject, as determined herein, the Owner
agrees to reduce the retainage to five (5) % of each draw schedule/pay request/progress payment of the Contractor
andor Construction Manager at Risk. Regardless of the foregoing, nothing here herein shall require the Owner to
reduce retainage to the Contractor and or Construction Manager at Risk if the Owner has determined that the
Contractor is in default, or if the Owner, or any of Its consultants reasonably believes that the retainage and/or
future payments to the Contractor and/or Construction Manager at Risk will not be enough for the Owner to
complete the Project or cover its damages as a result of the Contractor and/or Construction Manager at Risk’s
breach or default, or for any reason, or there is a good faith dispute by Owner against the Contractor and/or
Construction Manager at Risk or its bonding company. This provision shall not apply to any funds related to such
Federal Funds.
With regard to uncompleted Punch List item(s), the Owner may withhold 150% of the uncompleted
item(s) until satisfactorily completed by the Contractor.
Regardless of the foregoing, the requirements herein do not apply to contracts less than $200,000 in
value.
Any indemnification in this Contract is limited by Florida Law and shall be no greater than One Million
Dollars.
(The remainder of this pane intentionally lefi blank)
2002-01 7 Page 34 of35 Agreeinen t
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective
dates under each signature: CITY through its CITY COUNCIL signing by and through its Mayor, authorized to
Inc., signing by and through its President, duly authorized to execute same.
execute same by Council action on the day of , , and Construction Technology,
ATTEST: CITY OF PALM BEACH GARDENS, a municipal
corporation of the State of Florida
By:
Patricia Snider, City Clerk
By:
Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: N& kl6istine P. Tatum, City Attorney
By:
ATTEST:
CONSTRUCTION TECHNOLOGY, INC.
By: VF
(Corporate Seal)
(Scretary)
2002-0 I7 Page 35 of 35 Agreement
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 17,2006
Meeting Date: February 2,2006
Ordinance 8,2006
SubjecffAgenda Item: Ordinance 8, 2006 - Amending the City of Palm Beach Gardens
Police Officers’ Pension Fund.
[ ] Recommendation to APPROVE
TX1 Recommendation to DENY
/ Reviewed by:
City Attorney d
Submitted w---
Department Director med by:
Cdy Manager
ow:
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[ X ] Notified
[ ] Not required
Additional Actuarial
Liability: $5,731,391
(Total)
$746,978
Starting 10/01/2006
Funding Source:
[XI Operating
[ ] Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Ordinance 8, 2006
1/17/06 Actuarial
Impact Statement
0 Draft
Recommendation
from Budget
Oversight
Committee
[ ]None
Date Prepared: January 17,2006
Meeting Date: February 2,2006
Ordinance 8,2006
BACKGROUND:
The City’s Police Officers’ Pension Plan is a “local plan” as defined by Chapter 185, Florida
Statutes. The Plan is funded from three sources: Member contributions of 8.60%; State
Premium Tax monies; and the balance to make the Plan actuarially sound from the
General Revenues of the City.
Under the provisions of Chapter 185, the amount of premium tax monies collected in 1997
represents the initial State contribution, which amount for the City of Palm Beach Gardens
is $235,818.00. This amount is considered the “frozen” State contribution, and can be
used by the City to off-set the City’s contribution. Any Chapter 185 monies in excess of
$235,818.00 can be used only to fund benefit improvements over and above the minimum
requirements for a plan set forth in Chapter 185.
In 2004, the City Council approved Ordinance 9, 2004 which implemented the minimum
benefits required by Chapter 185. In addition to the mandatory minimum benefits, that
Ordinance provided for a supplemental benefit and buyback of military service.
In 2005 staff held discussions with representatives from the Police Pension Board and
PBA, and agreed to look at a phasing approach with respect to increasing the multiplier.
The first phase was to increase the multiplier in an amount equal to the frozen base year
Chapter 185 premium tax revenue of $235,818, which equated to a 3.28% multiplier.
After adoption of the fiscal year 2006 Budget, staff was presented with a draft ordinance
that would increase the multiplier to 3.5%, not 3.28%. In response, Staff requested
additional information concerning the supporting Actuarial Impact Statement. (copy
attached) The attorney for the Plan submitted a response, a copy of which is attached
hereto. The Police Pension Board and the Budget Oversight Committee met jointly in
December 2005 to discuss the proposed amendments, and the assumptions in the
Actuarial Impact Statement. Subsequently, the City received a modified Actuarial Impact
Statement on January 17, 2006 (a copy is attached).
Ordinance 9,2006 would amend the City of Palm Beach Gardens Police Officers’ Pension
Fund in the following areas:
1.
2.
3.
Increase the pension multiplier from 3% to 3.5%.
Increase the maximum annual pension benefit from 75% of Average Final
Compensation to 100% of Average Final Compensation.
Repeal the current supplemental benefit provision and implement a new
monthly supplemental benefit equal to $1 2.50 per year of service.
The proposed ordinance was discussed by the Budget Oversight Committee meeting at its
January 11 , 2006 meeting. The Committee has no concern over the management of the
Pension Plan. They have, however, expressed concern with the Plan’s funding progress.
As per page 54 of the City’s September 30, 2004 audit report, the Plan’s funding level has
decreased from 74.6% to 64.1 % in the last six years. The proposed ordinance would add
$5,731,391 to the Plan’s unfunded actuarial liability.
Of concern is not only the impact on the funding level of the proposed changes, but also
the annual increase in the required contribution. The actuary’s initial Actuarial Impact
Statement reflected an increased contribution of $41 6,694; however, the modified Actuarial
Impact Statement submitted on January 17,2006 reflects that the increase in the annual
contribution would rise to $746,978 using a more realistic salary assumption of 9%, which
assumption was approved by the Pension Board at its December 6, 2005 meeting.
Ordinance 8,2006 as proposed increases the City’s total contribution to the Police Pension
Plan from the current level of 24.25% to 34.38%.
At the January 11,2006 Budget Oversight meeting, the Committee reviewed the proposed
ordinance, and was able to ask the Plan’s legal counsel, Ms. Bonni Jensen, numerous
questions. The Committee members stressed that they were not passing judgment on the
level of benefits being requested, they were merely looking at the timing of the request in
relation to the Plan’s funding level. The result of the Committee’s discussion was a
recommendation to defer any Plan enhancements until the Plan is well funded, i.e., a
minimum funding level of 75%-80%. This was approved unanimously by a 3-0 vote.
STAFF RECOMMENDATION:
Staff does not support adoption of Ordinance 8,2006 and recommends a motion to deny.
Date Prepared: January 19,2006
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ORDINANCE 8,2006
AN 0.RDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO THE POLICE
OFFICERS’ RETIREMENT TRUST FUND; AMENDING SECTION
50-1 16, CODE OF ORDINANCES, ENTITLED “NORMAL
ORDINANCES, ENTITLED “ANNUAL ADJUSTMENTS”; AMENDING
SUPPLEMENTAL BENEFITS”; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
RETIREMENT”; AMENDING SECTION 50-1 35, CODE OF
SECTION 50-1 36, CODE OF ORDINANCES, ENTITLED “MONTHLY
WHEREAS, the Board of Trustees of the Palm Beach Gardens Police Officers’
Retirement Trust Fund, at the request of the Participants, desires to improve the
benefits under the Plan by increasing the benefit multiplier; and
WHEREAS, the Board of Trustees desires to clarify the calculation of the
Monthly Supplemental Pension Benefit; and
WHEREAS, the Board of Trustees of the Fund has determined that it is in the
best interest of the Participants and Beneficiaries of the Fund to make these changes to
the Palm Beach Gardens Police Officers’ Retirement Trust Fund; and
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida desires
to revise its Police Officers’ Pension Ordinance in order to implement these changes;
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. Section 50-1 16, Code of Ordinances, entitled “Normal retirement” is
hereby amended as follows:
Sec. 50-1 16. Normal retirement.
(a) Date. A member’s normal retirement date shall be upon the attainment of
age 52, provided the officer has at least ten years of service, or upon completion of 20
years of service, regardless of age.
Date Prepared: January 19,2006
Ordinance 8, 2006
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(b) Benefit. The monthly amount of normal retirement benefit payable to a
police officer who retires on the normal retirement date shall be an amount equal to
tbme- 3.5 percent multiplied by the number of years of credited service, up to a
maximum of 76-m percent, multiplied by average monthly earnings. In no event will
the benefit paid be less than We-2 percent per year of service.
(c) Payment. A retired police officer’s retirement benefit normally shall be
payable in the form of a monthly life annuity with 120 monthly payments guaranteed.
This form of annuity provides for a retirement benefit payable monthly to the retired
employee during their lifetimes with a guarantee that not less than 120 monthly
retirement benefits shall be paid, even if the retired employee dies prior to the receipt of
120 payments.
SECTION 2. Section 50-1 35, Code of Ordinances, entitled “Annual adjustments”
is hereby amended as follows:
Sec. 50-1 35. Annual Adjustments.
(a) Subject to the conditions set forth in this section, the board of trustees
shall annually authorize an annual adjustment, the amount of which shall be determined
as of each September 30th. The amount of the annual adjustment shall be equal to the
actuarial present value of future pension payments to current pensioners multiplied by
the positive difference, if any, between the rate of investment return and
haK= percent. The actuary shall determine whether there may be an annual
adjustment based on the following factors:
The actuary for the pension fund shall determine the rate of investment
return on the pension fund assets during the 12-month period ending each
September 30th. The rate determined shall be the rate reported in the
most recent actuarial report submitted pursuant to part VI1 of chapter 112,
Florida Statutes.
The actuary for the pension fund shall, as of September 30, determine the
actuarial present value of future pension payments to current pensioners.
The actuarial present values shall be calculated using an interest rate of
8.5 percent a year compounded annually, and a
=ovzby the board of trustees and as used in the most
recent actuarial report submitted pursuant to part VI1 of chapter 112,
Florida Statutes. This will be the pool of funds available to fund the annual
adjustment.
If the actuary determines there may be an annual adjustment, the board of
trustees shall authorize such an adjustment unless the administrative
expenses of distribution exceed the amount available for the distribution.
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Date Prepared: January 19,2006
Ordinance 8, 2006
(b) Annual adjustments shall M be made to pensioners who have been
retired for at least one year on the distribution date a#akcd 55 . Annual
adjustments will be paid to beneficiaries who are receiving monthly benefits, provided
the retiree (or the retiree and the beneficiary combined) was in receipt of a pension
benefit for at least one year on the distribution date) .. ..
t.
(c) The annual adjustment will be made as a percentage of the benefit and
the percentage will be the same for all recipients. The amount of the percentage
increase will be determined by the fund’s actuary in accordance with the above
procedure. The percentage increase will be equal to the amount that can be fully
funded by the pool of funds available but not to exceed few &percent in any year and
determined by that procedure. If the pool of funds available is greater than few 4
percent in any given year, then the remainder will be placed in an annual adjustment
reserve designated for future annual adjustment distributions.
(d) The annual adjustments shall be made as of July 1 and each July 1
thereafter, provided a person was retired for at least one year on July 1.
SECTION 3. Section 50-1 36, Code of Ordinances, entitled “Monthly
supplemental benefits” is hereby amended as follows:
Sec. 50-1 36. Monthly supplemental benefits.
Beqinning October 1, 2004, all retirees in payment status are entitled to a monthly
supplemental pension benefit equal to $12.50 per year of service. This benefit is
payable monthly for the life of the retiree. This benefit is payable to a survivinq
beneficiarv of a retiree on a monthly basis for the Deriod of time that the surviving
beneficiarv is in receipt of a pension in accordance with the form of benefit chosen at
the time that benefits beqin.
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Date Prepared: January 19,2006
Ordinance 8, 2006
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SECTION 4. Codification of this Ordinance is hereby authorized and directed.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
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Date Prepared: January 19,2006
Ordinance 8, 2006
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PASSED this day of , 2006, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon
second and final hearing.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Bamett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl ClE NCY
BY:
Christine P. Tatum, City Attorney
FOR AGAINST ABSENT
\\Pbgsfile\Attorneybttorney_share\ORDINANCES\police pension amendment - ord 8 2006 -final.doc
d
5
I
ARDEN
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
October 21, 2005
Bonni Jensen, Esq.
Hanson, Perry & Jensen, P.A.
400 Executive Center Drive, Suite 207
West Palm Beach, FL 33401-2922
Re: Proposed Amendments to Police Pension Plan
Dear Ms. Jensen:
We are in receipt of the draft amendment to the Police Pension Plan, and the attached Actuarial Impact
Statement. We have reviewed the Actuarial Impact Statement in light of the 2004 Actuarial Valuation
Report and have identified a number of issues that need to be clarified before the amendment is placed
on the City Council Agenda.
A. Please provide a revised Actuarial Impact Statement that addresses the cost of each amendment
separately. The Actuarial Impact Statement considers the overall effects of the amendments in one
lump sum. The draft amendment proposes six (6) separate changes to the existing plan:
1. The increase in the multiplier from 3% to 3.5%. (Section 50-1 16)
2. The increase in the maximum benefit from 75% to 100%. (Section 50-1 16)
3. The monthly supplemental benefit of $12.50 per month per year of service. (Section 50-136)
4. Retroactivity of the change in supplemental benefits to October 1, 2004. (Section 50-1 36)
5. Removal of the limitation of supplemental benefits being tied to excess Chapter 185 Funds.
(Section 50-1 36)
6. The change in annual adjustment eligibility from age 55 pensioners to all pensioners who
have been retired one year. (Section 50-135)
6. Please provide alternative analysis of the cost of these six (6) separate amendments using more
conservative rates of return of 3% and 5%, and include projections for the next five (5) years at
these rates, including payroll growth assumptions for each of those years. This is of particular
importance to the City as the Actuarial Valuation Report dated September 30, 2004, indicates that
there was a net actuarial loss of $246,347, which translates into an increase in annual employer
contributions of 57% of covered payroll.
OFFICE OF THE CITY ATTORNEY
PHONE: 561-799-4138 FAX: 561-799-4139
E-MAIL: CTATUM@PBGFL.COM
Bonni Jensen, Esq.
October 20, 2005
Page 2 of 2
C.
D.
E.
F.
G.
Please provide alternative analysis of the cost of each of these six (6) separate amendments using
a more realistic salary increase assumption. The Actuarial Valuation Report dated September 30,
2004, indicates that the actual salary increases for FY 2003 were 16.4% rather than the assumed
rate of 6%; 7.4% for FY 2002 rather than the assumed rate of 6%; and 11.8% for FY 2001 rather
than the assumed rate of 6%.
Please provide a revised copy of the Excess 185 Funding Distribution Form that has been filed with
the State of Florida Division of Retirement for each of the past five (5) years.
It is unclear which if any of the six proposed amendments affect participants who are or will be in
DROP status. Please provide clarification.
Please provide an explanation of the method of amortizing gainsllosses over the five (5) year period
identified in the 2004 Actuarial Valuation Report, Calculation of Actuarial Value of Assets. It
appears that the methodology of comparing Expected Investment Earnings with Actual Net
Investments earnings produces a somewhat inflated loss figure.
As a final point of clarification, the proposed amendment to Section 50-116 provides that the
increase to both the multiplier and the maximum benefit will be paid from Chapter 185 Funds. It
does not appear that there will be adequate Chapter 185 Funds to cover both these changes, even
in the first year. The amendment does not clarify that the increases will be limited only to the extent
of the Chapter 185 Funds.
When we have received the above-referenced documentation, we will re-schedule the meeting
between you, Jay Spencer, and the City Manager to discuss these items.
Please call me should you have any questions.
Since re1 y ,
Christine P. Tatum
City Attorney
C: Ron Ferris
Allan Owens
\\Pbgsfile~ttorney\attorney_share\CORRESPONDENCE\Jensen police pension plakdoc
OFFICE OF THE CITY ATTORNEY
PHONE: 561-799-4138 FAX: 561-799-4139
E-MAIL: CTATUM@PBGFL.COM
HANSON, PERRY & JENSEN, P.A.
400 EXECUTIVE CENTER DRIVE, SUITE 207 - WEST P<M BEACH, FLORIDA 33401-2922
JILL HANSON*
nijhanson@ hpjlaw.com
aperty@ hpjlaw.com
bsjensen@hpjlaw.com
ANN H. PERRY
BONN1 SPATARA JENSEN
*ALSO ADMITTED IN N.Y.
TELEPHONE (561) 686-6550
FACSIMILE (561) 686-2802
.-
li -i
!
ti
i
December 15,2005
k [)Er‘: 1 9 2005
VIA FACSIMILE AND FIRST CLASS MAIL
Christine P. Tatum, City Attorney
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: Palm Beach Gardens Police Pension Fund
Plan Document
File No.: 0003.0050
Dear Ms. Tatum:
As a follow up to your October 21, 2005 letter (and the meetings of November
18,2005 and December 6,2005), below are the enumerated responses to the
information requested in that letter.
A. Enclosed as Exhibit A is a copy of the spreadsheet prepared by J. Stephen
Palmquist of Gabriel, Roeder, Smith and Company (“GRS”), the Fund’s actuary.
This document was also presented to you at the November 18,2005 by Steve
Palmquist. Items 1-3 are detailed on the spreadsheet in columns 1 through 3.
4. Retroactivity of the change in supplemental benefits to October 1, 2004 -
As we discussed at the November 18, 2005 meeting, the retroactivity of
the monthly supplemental benefit will have no impact on the City’s
contribution. The calculation of the cost has been factored into the
spreadsheet as the numbers are based upon the October 1,2004
actuarial valuation. The retroactive benefit is estimated to be $59,400 and
will be paid for from the Chapter 185 funds.
5. Removal of the limitation of supplemental benefits being tied to excess
Chapter 185 Funds - As we discussed at the November 18,2005 meeting
the impact of this change is unknown at this time. If the Chapter 185
revenue decreases, the City will be responsible to make the Fund
actuarially sound.
Christine P. Patum, City Attorney
City of Palm Beach Gardens
December 15, 2005
Page 2
6. The change in annual adjustment eligibility from age 55 pensioners to all
pensioners who have been retired one year - The is no impact of this
change to the City. The pool of funds for distribution of this amount is the
investment earnings on the retiree assets. The early eligibility date
increases the number of retirees who are eligible for the benefit and
therefor spreads the distribution pool over a greater number of retirees.
B.
C.
D.
E.
F.
Enclosed as Exhibit B is a copy of projections of the impact of investment returns
of 3% and 5% for the next 5 actuarial valuations. In each case, the actual rate of
return as September 30, 2005 was used for the first valuation. The rate of return
was 9.8%.
Enclosed as Exhibit C is a copy of GRS’ proposal to change the Salary Increase
Assumption. This assumption change was approved by the Board of Trustees at
the December 6, 2005 meeting. The spreadsheet provided as Exhibit A includes
information regarding the impact of the salary assumption and the benefit
changes.
Enclosed as Exhibit D are copies of page 6A of the annual reports filed for the
past 4 years. The 2001 Annual Report is the first report which had this
confirmation. The 2005 Annual Report has not yet been prepared or filed.
Retirees, members in the DROP, and vested deferred retirees are not eligible for
the increased multiplier and increased maximum benefit which are referenced in
your items 1 and 2. All retirees in payment status are entitled to the monthly
supplemental benefit, including DROP members. All retirees who have been
retired for at least one year are eligible for the annual adjustment, provided the
other conditions for payment of the benefit are met. This information is provided
on the first page of the Supplemental Actuarial Report enclosed as Exhibit E.
Enclosed as Exhibit F is a copy of pages 20 and 21 of the October 1 , 2004
Actuarial Valuation for the Palm Beach Gardens Police Pension Fund. To help
to make the employer contributions even, the Fund employs a five year
smoothing method. The smoothing method recognizes 1/5 of the investment
gain/loss for each year over a five year period. The smoothing has been used by
the Fund since 1997. The effect of the smoothing can be seen on page 21. In
2001 when the Fund had a loss of (7.8%) at market, the actuarial value of
returns recognized a 6.3% gain. In 2004, when the market returned 8.6% the
fund recognized an actuarial gain of 3.9%.
G. As we discussed at the November 18,2005 meeting, the proposed amendment
is to be funded from several sources:
Christine P. Tatum, City Attorney
City of Palm Beach Gardens
December 15,2005
Page 3
1. The City agreed to increase their contribution by $235,818 to provide the
Police Officers' with the use of 100% of their 185 money, similar to the
Firefighters Plan.
2. There were additional funds in the Police Department budget which were
available to spend on the benefit improvements.
3. Additional 185 money in the amount of $1 71,292, which is available to
spend on extra benefits. In future valuations, the City will receive a credit
of $407,1 IO against the employer contributions.
As a follow up to the November 18, 2005 meeting, please contact me at your
earliest convenience to discuss the language of the amendment. You had indicated
that you wanted some changes made to the amendment.
If you have any questions on this matter or need any further documents, please
do not hesitate to contact me.
Bonni S. Jensen (/'
BSJ/ka
Copy to: Chairman and Secretary
H:\PBG 0003\City of PBG\City Atty\Tatum 121505.wpd
Administrative Services, Inc.
PALM BEACH GARDENS POLICE OFFICERS PENSION FUND
Gain (Loss) Change in City Cost
Yeare-nd MV Due to Startinq One Year Later
9/30
2005
2006
2007
2008
2009
-
2005
2006
2007
2008
2009
2005
2006
2007
2008
2009
Return
9.8%
8.5
0.5
8.5
8.5
9.8
5.0
5.0
5.0
5.0
9.8
3.0
3.0
3.0
3.0
Invest men ts Amount
$(650,000) $88,000
(317,000) 43,000
(28,000) 4,000
26,000 (4,000)
(8,000) 1,000
(650,000) 88,000
(459,000) 62,000
(289,000) 39,000
(547,000) 74,000
(764,000) 103,000
(650,000) 88,000
(541,000) 73,000
(465,000) 63,000
(1 ,165,000) 157,000
(829,000) 1 12,000
%of Payroll
1.2%
0.5
0.0
0.0
0.0
1.2
0.8
0.4
0.8
1 .o
1.2
0.9
0.7
1.2
1.5
November 18.2005
PALM BEACH GARDENS POLICE OFFICERS PENSION FUND
Proposed Change in Salary Increase Assumption
November 18, 2005
Collective Bargaining Agreement provides:
P Merit increase of 0% to 6%, with 4% for satisfactory performance
> Annual increase equal to change in the Employment Cost Index (ECI)
> Longevity increase of 5% upon reaching ten years of service
> 8% increase due to promotion from officer to sergeant or sergeant to
lieutenant
Expected Annual Increase in Salary Over First 20 Years
3.0% for inflation (CPI)
1.2 for difference between ECI and CPI
4.0 for merit (satisfactory)
0.8 for promotion (two promotions over 20 years)
9.0 annual increase
14.0 increase in year ten
City Name: PALM BEACH GARDENS
2004 ACTUARIAL CONFIRMATION OF THE USE OF STATE MONEYS
(LOCAL LAW PLANSONLY)
TO BE FORWARDED TO THE PLAN ACTUARY FOR COMPLETION AND RETURNED TO THE MUNICIPALITY AS
SOON AS POSSIBLE, SO THAT IT MAY BE SUBMITTED TOGETHER WITH THE ANNUAL REPORT DUE ON
MARCH 15,2005.
The Plan's actuary must provide the following information in order for the MPF office to determine that State
premium tax revenues are being used in accordance with the provisions of sections 175.35 I and 185.35. Florida
Statutes, as amended by Chapter 99-1, Laws of Florida.
A. Name of actuarial firm
B. Date of most recent actuarial valuation
C. Use of State money -- Please provide the following information:
Gabriel, Roeder, Smith and Comuanv
October I, 2003
(I) hiual cost of Qualifying benefit imDrovements -- required niiriimunr benefili[ improvemenls or "exm
benefit" improvements -- enacted during the fiscal year.
RecurrinF:costs One-time use Ordinance Nuinbeds)
1999 - 2003 $0 (Previously reporled) (Previousl~~ reporled)
2004 $0 $ 54,626 9,2004
(2) For the Fiscal Year 2004, please indicate the amount of State premium tax moneys that are available to be
used by the plan sponsor toward the minimum required contributions. (NOTE: If there have been no qualifying
benefit improvements since the enactment of Chapter 99- I, Laws of Florida, this amount can be no more than
the 1997 base year amount.)
Police $ 23x8 I8
Fire $ 0
Fire Supplemental $ 0
Total $ 23SL8 I8
(3) Are there any remaining minimum benefit improvements required to be made subject to the provisions of
Chapter 99-1, Laws of Florida? If yes, please identify. Attach additional page, if necessary. YES NO X
(4) As of Fiscal Year End 2004, please provide the cumulative balance of additional premium tax revenues that
are remaining to be used to provide future minimum or "extra benefit'' improvements. If the sum total of all
qualifying benefit improvements enacted since Chapter 99-1 exceeds the total additional premium tax revenues
received this year, this may be a negative balance; however, negative balances are not cumulative. NOTE:
Investment Earnings, ifiucluded, may not be negative in the aggregate.
Total Accumulated Balance 9/30/04 $ 159.088
(Includes Investment Earnings of $0 )
D. Actuary representing the Plan:
Name: J. SteDhen Palmauist Telephone: i954') 527- 16 I6
January 14.2005 / U (Signawe)
Revised 1112004
(Date)
~ ~~~~ From:Bureau of Local Hetiremetit SYS 85U YLI Llbl IL/ 10/LUU3 I3.w #ULJ r .UULIUUL
CITY NAME: PALM BEACH GARDENS
2003 Actuarial Confinnation of the Use of State Moneys
(LOCAL LAW PUNS ONLY)
TO BE PORWARDED TO TH@ PLAN ACTUARY FOR COMPLETION AND RETURNED TO THE MUNICIPALITY AS SOON AS
POSSIBLE!, SO THAT IT MAY BE SUBMITTED TOOETHER WlTH THE ANNUAL REPORT DUE ON MARCH IS, 2004.
The Plan's actuary must provide the following information in order for the MPF office to determine that
State premium tax revenuw are being used in accordance with the provisions of Sections 175.351 and
185.35, Florida Statutes, as amended by Chapter 99- 1 , LRWS of Florida.
A.
B. Date of most recent actuarial valuation 10/1102
C. Use of State money -- Please provide the following information:
Name of actuarial firm Gabriel, Roeder, Smith Br Company,
(1)
"extra benefit" improvements --enacted during the fiscal year.
Annual cost of gualifvina benefit improvements -- required minimum benefit improvements or
Ordinanee Numberls]
1999-2002 $ 0 (Previously Reported)
2003 $0
(2) For the Fiscal Year 2003, please indicate the amount of State premium tax moneys that are
available to be used by the plan sponsor toward the minimum required contributions. (NOTE: If there
have been no qualifying benefit improvements since the enactment of Chapter 99- 1, Laws of Florida, this
amount can be no more than the 1997 base year amount,)
Police $ 235,818
Fire $
Fire Supplemental $
Total $
(3) Are there any remaining minimum benefit improvements required to be made subject to the
provisions of Chapter 99-1, Laws of Florida? If yes, please identify. Attach additional page, if necessary.
YeS_;rL_ NO
1) Chmae earlv retirement penalty to 3% per year. 2) Provide that minimum dutv and nonduty
-awn,
(4) A8 of Fiscal Year End 2003, please provide the cumulative balance of additional premium tax
revenues that me remaining to be uaed to provide future minimum or "extra benefit" improvements. If
the sum total of all qualifying benefit improvements enacted since Chapter 99-1 exceeds the total
additional premium tax revenues received thin year, this may be a negative balance; however, negative
balances are not cumulative, NOTE: Investment Eamings, lf Included, may not be negative in the
aggregate.
1
J Total Accumulated Balance 9130103 $ 84.547
(Includes Invatmcnt Eamhgs of $
D. Actuary representing the Plan:
Name: J. Stephen Palmquist Telephone: (954) 527-1616
(flcamc PrhfJ
Date: December 16, 2003
4
Revised September '2002 (64
CITY NAME: PALM BEACH GARDENS
2002 Actuarial Confirmation of the Use of State Monevs
(LOCAL LAW PLANS ONLY)
TO BE FORWARDED TO THE PLAN ACTUARY FOR COMPLETION AND RETURNED TO THE MUNICIPALITY AS SOON
AS POSSIBLE, SO THAT IT MAY BE SUBMITED TOGETHER WITH THE ANNUAL REPORT DUE ON MARCH 15,2003.
The Plan’s actuary must provide the following information in order for the MPF office to
determine that State premium tax revenues are being used in accordance with the provisions
of Sections 175.351 and 185.35, Florida Statutes, as amended by Chapter 99-1, Laws of
Florida.
A. Name of actuarial firm Gabriel, Roeder, Smith & Company.
B. Date of most recent actuarial valuation 10/1/01
C. Use of State money -- Please provide the following information:
(1) Annual cost of qualifvinq benefit imwovements -- required minimum benefit
improvements or “extra benefit” improvements - - enacted during the fiscal year.
Ordinance Nurnber(s1
1999- 2001 $ 0 (Previously Reported)
2002 $0
(2) For the Fiscal Year 2002, please indicate the amount of State premium tax moneys that are
available to be used by the plan sponsor toward the minimum required contributions. (NOTE:
If there have been no qualifying benefit improvements since the enactment of Chapter 99-1,
Laws of Florida, this amount can be no more than the 1997 base year amount.)
Police $ 235,818
Fire $
Fire Supplemental $
(3) Are there any remaining minimum benefit improvements required to be made subject to
the provisions of Chapter 99-1, Laws of Florida? If yes, please identify. Attach additional page,
if necessary. YES X NO
11 Chanue earlv retirement Denaltv to 3% per year. 21 Provide that minimum dutv and
nondutv disabilitv benefit is accrued pension
~~ ~
(4) As of Fiscal Year End 2002, please provide the cumulative balance of additional premium
tax revenues that are remaining to be used to provide future minimum or “extra benefit“
Improvements. If the sum total of all qualifying benefit Improvements enacted since Chapter
99-1 exceeds the total additional premium tax revenues received to date, this will be a
negative balance; however, negative balances are not cumulative. NOTE: Investment
Earnings, If included, may not be negative in the aggregate.
Total Accumulated Balance 9/30/02 $ 27,919
(Includes Investment Earnings of $ 0 1
D. Actuary representing the Plan:
Name: J. Stephen Palmquist Telephone: (954) 527-1616
(Please Print)
Signature: Date:
Revlsed September 2002 (sa)
PAI,M IIEACII GARDENS POLtCT? OF'FICERS PENSION FUND
ACTUARIAL CONFIRMATION OF TliE USE OF STATE MONEYS
(LOCAL LAW PLANS ONLY)
TO BE FORWARDED TO THE PLAN ACTUARY FOR COMPLETION AND RETURNED TO THE MUNICIPALITY AS
SOON AS POSSIBLE, SO THAT IT MAY BE SUBMITED TOGETHER WITH THE ANNUAL REPORT DUE ON
MARCH IS, 2002
The Plan's actuary must provide the following infomiation in order tor tlie MPI: office to deteriniiie lliat State
premiuni tax revenues are being used in accordance with the provisions of sections 175.351 and 185.35, Florida
Statutes, as amended by Chapter 99-1, Laws of Florida.
A. Name of actuarial film
B. Date of most recent actuarial valuation
C. Use of State money -- Please provide the following information:
( I) Aniiual cost of aualifving benefit imurovements -- required minimum ber7eJr iniprouetiterifs or "exlra beriefil"
irnprvuenien(s -- enacted during the fiscal year.
GABRIEL. ROEDER. SMITH AND COMPANY
IO/ 112000
Qrdinance Number(s)
I998 $
I999 $
2000 $
200 I $
(2) For the Fiscal Year 2001, please indicate the amount of State premium tax moneys that are available to be used
by the plan sponsor toward the minimum required contributions. (NOTE: If there have been no qualifying benefit
improvements since the enactment of Chapter 99-1, Laws of Florida, this amount can be no more than the 1997
base year amount.)
Police S 225.892
Fire
Fire Supplemental
(3) Are there any remaining minimum benefit improvements required to be made subject to the provisions of
Chapter 99-1, Laws of Florida? If yes, please identify. Attach additional page, if necessary. YES X NO
(1) Change earlv retirement penalty to 3% Der year (2) Provide that minimum duty and nonduty
disability benefit is accrued Dension
(4) As of Fiscal Year End 2001, please provide the balance of additional premium tax revenues that are remaining
to be used to provide future minimum or "extra benefit" improvements. If the amount of the qualifying benefit
improveinents enacted since Chapter 99- I exceeds the amount of additional premium tax revenues received to date,
this will be a negative balance.
Fiscal Year End 200 I $ 818
D. Actuary representing the Plan:
Name: J. Stephen Palrnquist Telephone: (954) 527-1616
(Please print)
Revised 912001
GABRIEL, ROEDER, SMITH & COMPANY
Consultants & Actuaries
301 East Las Olas Blvd Suite 200 Ft Lauderdale, FL 33301-2254 954-527-1616 FAX 954-525-0083
September 26, 2005
Bonni Jensen, Esq.
Hanson, Perry & Jensen, P.A.
400 Executive Center Drive, Suite 207
West Palm Beach, Florida 33401-2922
Re: Palm Beach Gardens Police Officers Pension Fund
Dear Bonni:
As requested, we have prepared the enclosed Actuarial Impact Statement showing the
actuarial impact of changing the multiplier from 3% to 3.5%, raising the cap from 75% to
100°/~, and providing a supplemental monthly benefit equal to $12.50 per year of service.
Funding for the supplemental benefit will come from the difference between baseline
Chapter 185 revenue of $235,818 and this year’s revenue of $41 1,047. This difference
is $175,229 per year.
The Statement must be filed with the Division of Retirement before the final public
hearing on the ordinance. Please have a member of the Board of Trustees sign the
Statement. Then send the Statement along with a copy of the proposed ordinance to
Tallahassee.
This report is based on data as of October 1, 2004.
Cost results are shown at the bottom of the page entitled Annual Required Contribution.
We welcome your questions and comments.
Sincerely yours,
U J. Stephen Palmquist
JSP/or
Enclosures
cc: Joe Mastrangelo
Jay Spencer
CITY OF PALM BEACH GARDENS POLICE OFFICERS’ RETIREMENT FUND
Impact Statement - September 26, 2005
Description of Amendment
The proposed ordinance would increase the benefit multiplier from 3.0% to 3.5%
of average monthly earnings, increase the maximum benefit from 75% to loo%, and
implement a supplemental monthly benefit equal to $1 2.50 per year of service.
Funding Implications of Amendment
An actuarial cost estimate is attached. The annual required contribution would
increase by $587,986, or 8.41% of covered payroll.
Certification of Administrator
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida
Statutes and Section 14, Article X of the Constitution of the State of Florida.
For the Board of Trustees
as Plan Administrator
SUPPLEMENTAL ACTUARIAL VALUATION REPORT
Plan
Palm Beach Gardens Police Officers Pension Fund
Valuation Date
October 1, 2004
Date of Report
September 26,2005
Report Requested by
Board of Trustees
Prepared by
J. Stephen Palmquist
Group Valued
All members of the Plan
Plan Provisions Being Considered for Change
Present Provision Before Chanqes
(1)
(2)
(3)
The pension multiplier is 3%.
Maximum pension benefit is 75% of AFC.
There is no supplemental benefit
Pro posed C hanqes
(1 )
(2)
(3)
The pension multiplier would be 3.5%.
Maximum pension benefit would be 100% of AFC.
There would be a new supplemental monthly benefit equal to
$12.50 per year of service.
Participants Affected
(I) and (2)
(3)
All members who retire or terminate employment after
adoption of the amending ordinance.
Present service and disability retirees as well as future service and
disability retirees.
Actuarial Assumptions and Methods
Same as October 1, 2004 Actuarial Valuation Report with no exceptions.
Some of the key assumptionshethods are:
Investment return - 8.5% per year
Salary increase - 6.0% per year
Cost Method - Frozen Entry Age
Amortization Period for Any Increase in Actuarial Accrued Liability
30 years
Summary of Data Used in Report
See attached page.
Actua ria I Im pact of Proposal( s)
See attached page(s).
Special Risks Involved With the Proposal That the Plan Has Not Been
Exposed to Previously
None
Other Cost Considerations
None
Possible Conflicts With IRS Qualification Rules
None
L e&+
b. Steljhen Palmquist, &A, MAAA, FCA
Enrolled Actuary NO. 05-1 560
4. Valuation Date
B. ARC to Be Paid During
Fiscal Year Ending
C. Assumed Date of Employer Contrib.
D. Annual Payment to Amortize
Unfunded Actuarial Liability
E. Employer Normal Cost
F. ARC if Paid on the Valuation Date:
D+E
G. ARC Adjusted for Frequency of
Payments
H. ARC as '/O of Covered Payroll
I. Assumed Rate of Increase in Covered
Payroll to Contribution Year
J. Covered Payroll for Contribution Year
K. ARC for Contribution Year: H x J
L. Estimate of State Revenue in
Contribution Year
M. Required Employer Contribution (REC)
in Contribution Year
N. ARC as YO of Covered Payroll in
Contribution Year: K f J
October 1, 2004
Valuation
9/30/2006
Quarterly
306,109
1,468,590
1,774,699
1,866,061
27.62 OA
3.50 ?4
6,991,506
1,931,054
235,818
1,695,236
24.25 0,
October 1, 2004
Multiplier from
3% to 3.5%.
Cap from
75% lo loo%,
512.50 Supplement
9/30/2006
Quarterly
587,232
1,727,309
2,314,541
2,433,694
36.03 %
3.50 %
6,991,506
2,519,040
407,110
2,111,930
30.21 %
Increase
(Decrease)
281,123
258,719
539,842
567,633
8.41 Oh
587,986
171,292
41 6,694
5.96 0,
.. ... .
4. Valuation Date
3. Actuarial Present Value of All Projected
Benefits for
1. Active Members
a. Service Retirement Benefits
b. Vesting Benefits
c. Disability Benefits
d. Preretirement Death Benefits
e. Return of Member Contributions
f. Total
2. Inactive Members
a. Service Retirees & Beneficiaries
b. Disability Retirees
c. Terminated Vested Members
d. Total
3. Total for All Members
C. Actuarial Accrued (Past Service)
D. Plan Assets
Liability per GASB No. 25
I. Market Value
2. Actuarial Value
E. Actuarial Present Value of Projected
Covered Payroll
F. Actuarial Present Value of Projected
Member Contributions
@?~$'~&~xf??g$~Q?$$
AM>xl'~;,L .<.d .\::.E2'&'
3ctober 1, 2004
Valuation
h'*L .F!& [""@i\:paP$" N Eb,lXS!/A :t-i ,,,, ,-
; 24,955,831
872,437
1,879,546
380,950
36,202
28,124,966
2,579,739
3,260,186
104,733
5,944,658
34,069,624
24,962,55 1
15,755,417
16,405,794
44,790,332
3,851,969
October 1, 2004
Multiplier from
3% to 3.5%,
Cap from
75% fo 100%,
$1 2.50 Supplement
; 30,490,489
1,077,057
2,017,210
438,969
36,202
34,059,927
2,816,968
3,426,334
104,733
6,348,O 35
40,407,962
29,581,729
15,755,417
16,405,794
44,790,332
3,851,969
4. Valuation Date
B. Actuarial Present Value of Projected
Benefits
C. Actuarial Value of Assets
D. Unfunded Actuarial Accrued Liability
E. Actuarial Present Value of Projected
Member Contributions
F. Actuarial Present Value of Projected
Employer Normal Costs: B-C-D-E
G. Actuarial Present Value of Projected
H. Employer Normal Cost Rate: FIG
I. Covered Annual Payroll
J. Employer Normal Cost: H x I
K. Assumed Amount of Administrative
Covered Payroll
Expenses
L. Total Employer Normal Cost: J+K
M. Employer Normal Cost as Oh of
Covered Payroll
pw ,!+Yd,*& 'd -7yi p@r"y<.?$ ?I, .A, I-* ,=+ ?EMI"lpX,E@$ .I+?WYk &.*,d>
3ctober 1, 2004
Valuation
, 34,069,624
16,405,794
4,573,607
3,a51,969
9,238,254
44,790,332
20.63 OL
6,755,078
1,393,573
75,017
1,468,590
21.74 '?
October 1, 2004
Multiplier from
3% to 3.5%,
Cap from
75% fo loo%,
$12.50 Supplement
40,407,962
16,405,794
9,192,785
3,851,969
10,957,414
44,790,332
24.46 %
6,755,078
1,652,292
75,017
1,727,309
25.57 o/
Increase
(Decrease)
, 6,338,338
4,619,178
1,719,160
3.83 Y
258,719
258,719
3.83 9
Number
Covered Annual Payroll
Average Annual Payroll
Average Age
Average Past Service
Average Age at Hire
Number
Annual Benefits
Average Annual Benefit
Average Age
Number
Annual Benefits
Average Annual Benefit 1 AverageAge
Number
Annual Benefits
Average Annual Benefit
Average Age
I
October I , 2004
Before Chanqes
98
$ 6,755,078
$ 68,929
39.2
9.8
29.5
9
$ 242,192
$ 26,910
57.8
12
$ 319,834
9; 26,653
4.9.9
2
$ 23,916
$ 11,958
41.3
October 1, 2004 Increase
After C ha n Q es (Decrease)
98
$ 6,755,078
$ 68,929
39.2
9.8
29.5
$ 264,467
$ 29,385
57.8
$ 22,275
$ 2,475
12
$ 336,139
$ 28,012
49.9
$ 16,305
$ 1,359
$ 23,916
$ 1 1,958
41.3
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Report of the Budget Oversight Cotnmittee
Our committee has been asked to consider the financial implications of raising the
multiplier in the Police Officers Pension Fund from 3 to 3.5.
The plan’s funding method is the Frozen Entry Age Cost Method. Under this cost
method the contributions are designed to be level as a percentage of salary. Our first
cause for concern is that contributions have risen steadily and dramatically from 8.36% of
payroll in 1993 to 27.62% of payroll in 2004.
The funded ratio is a measure of the plans ability to ni
second cause for concern is the decline in funded rati
2004. The unfunded actuarial liability increased fro
2004. When the contribution increases dramaticall
increasing.
Our third cause for concern is the declining rate o
returns for the five year period 2000 - 2004
1995 - 1999. Favorable investment returns increases without increasing
contributions.
in 1993 to 65.7% in
vestment return. The investment
Ily less than the five year period
Our committee would recommend deferring the proposal for increasing the pension
multiplier. We feel that the funded ratio should be at a minimum level of 75%-80%
before a benefit increase is considered.
Our recommendation should not be taken that we are against the police officers. Quite
the contrary. The police officers have a vital stake in a well funded pension. A plan’s
funding level is their ultimate assurance that future pension promises will be met.
301 East Las Olas Blvd. 954.527.1616 phone Gabriel Roeder Smith & Company
Coiisultiints & Actuaries Suice 200 954.525.0053 fax GRS Ft. Lauderdale, FL 33301-2254 www.gabrielroeder.com
January 17,2006
Bonni Jensen, Esq.
Hanson, Perry & Jensen, P.A.
400 Executive Center Drive, Suite 207
West Palm Beach, Florida 33401 -2922
Re: Palm Beach Gardens Police Officers Pension Fund
Dear Bonni:
As requested, we have prepared the enclosed Actuarial impact Statement showing the
actuarial impact of changing the multiplier from 3% to 3.5%, raising the cap from 75% to
loo%, and providing a supplemental monthly benefit equal to $12.50 per year of service.
Funding for the supplemental benefit will come from Chapter 185 revenue in the amount
of $1 63,382 per year. The Statement also reflects the Board's recent decision to change
the salary increase assumption. from 6% to 9% except for service year 10 where the
assumption will be 14%.
The Statement must be filed with the Division of Retirement before the final public
hearing on the ordinance. Please have a member of the Board of Trustees sign the
Statement. Then send the Statement along with a copy of the proposed ordinance to
Tallahassee.
This report is based on data as of October 1 , 2004.
Cost results are shown at the bottom of the page entitled Annual Required Contribution.
Here is a summary:
% of
Amount Payroll
City cost before changes
Addition due to change in
salary increase assumption
Addition due to a 3.5%
multiplier
Addition due to 100% cap
Addition due to $12.50
per year supplement
Final City cost
$1,695,236 24.25 '/o
269,621 3.41
421,239 5.93
56,l 18 0.79
0 0.00
$2,442,214 34.38
We welcome your questions and comments.
Sincerely yours,
J. Stephen Palmquis
JSP/rb
Enclosures
cc: Joe Mastrangelo
Jay Spencer
Gabriel Roeder Smith & Company
CITY OF PALM BEACH GARDENS POLICE OFFICERS’ RETIREMENT FUND
Impact Statement - January 17,2006
Description of Amendment
The proposed ordinance would increase the benefit multiplier from 3.0% to 3.5%
of average monthly earnings, increase the maximum benefit from 75% to loo%, and
implement a supplemental monthly benefit equal to $12.50 per year of service.
Funding Implications of Amendment
An actuarial cost estimate is attached. The annual required contribution would
increase by $746,978, or 10.13% of covered payroll. This increase includes the effect of
new assumed rates of salary increases as described on the next page.
Certification of Administrator
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida
Statutes and Section 14, Article X of the Constitution of the State of Florida.
For the Board of Trustees
as Plan Administrator
SUPPLEMENTAL ACTUARIAL VALUATION REPORT
Plan
Palm Beach Gardens Police Officers Pension Fund
Valuation Date
October 1, 2004
Date of Report
January 17,2006
Report Requested by
Board of Trustees
Prepared by
J. Stephen Palmquist
Group Valued
All members of the Plan
Plan Provisions Being Consicdrec for Change
Present Provision Before Chanqes
(I)
(2)
(3)
ProDosed Chancles
(1)
(2)
(3)
The pension multiplier is 3%.
Maximum pension benefit is 75% of AFC.
There is no supplemental benefit
The pension multiplier would be 3.5%.
Maximum pension benefit would be 100% of AFC.
There would be a new supplemental monthly benefit equal to $12.50 per
year of service.
Participants Affected
(1) and (2)
(3)
All members who retire or terminate employment after
adoption of the amending ordinance.
Present service and disability retirees as well as future service and
disability retirees.
Actuarial Assumptions and Methods
assumed rate of salary increase is being revised from 6% to the rates shown below.
Same as October 1, 2004 Actuarial Valuation Report with the exception that the
Some of the key assumptionslmethods are:
Investment return - 8.5% per year
Salary increase - 9.0% per year except 14% in year 10
Cost Method - Frozen Entry Age
Amortization Period for Any Increase in Actuarial Accrued Liability
30 years
Summary of Data Used in Report
See attached page.
Actuarial Impact of Proposal(s)
See attached page(s).
Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to
Previously
None
Other Cost Considerations
Due to the gradual recognition of ,,ivestment losses occurring in 2001 and 2002,
the annual cost of this Plan will increase for at least one more year after 2006.
Possible Conflicts With IRS Qualification Rules
None
Steptfen Palmquist, A
nrolled Actuary No.
I I I
October I, 2004 October I, 2004
Number
Covered Annual Payroll
Average Annual Payroll
Average Age
Average Past Service
Average Age at Hire
98
$ 6,755,077
$ 68,929
39.2
9.8
29.5
98
$ 6,863,318
$ 70,034
39.2
9.8
29.5
-
108,241
1,105 - -
-
Number
Annual Benefits
Average Annual Benefit
Average Age
9
$ 242,192
$ 26,910
57.8
9
$ 264,467
$ 29,385
57.8
-
$ 22,275
$ 2,475 -
Number
Annual Benefits
Average Annual Benefit
Average Age
12
$ 319,834
$ 26,653
49.9
12
$ 336,139
$ 28,012
49.9
-
$ 16,305
$ 1,359
Number
Annual Benefits
Average Annual Benefit
Average Age
2 2
$ 23,916 $ 23,916
$ 11,958 $ 11,958
41.3 41.3
I I
Draft report prepared by Budget Oversight Committee
Report of the Budnet Oversight Committee
Our committee has been asked to consider the financial implications of raising the
multiplier in the Police Officers Pension Fund from 3 to 3.5.
The plan’s funding method is the Frozen Entry Age Cost Method. Under this cost
method the contributions are designed to be level as a percentage of salary. Our first
cause for concern is that contributions have risen steadily and dramatically from 8.36% of
payroll in 1993 to 27.62% of payroll in 2004.
The funded ratio is a measure of the plans ability to meet p
2004. The unfunded actuarial liability increased fro
increasing.
Our third cause for concern is the declining r
contributions.
mum level of 75%-80%
before a benefit incre
Our recommendat e against the police officers. Quite
in a well funded pension. A plan’s
re pension promises will be met.
City of Palm Beach Gardens
Council Agenda
February 2,2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Jablin
Council Member Levy
Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 2,2006
7:OO P.M.
J I. PLEDGE OF ALLEGIANCE
’11. ROLL CALL
‘111. ADDITIONS, DELETIONS, MODIFICATIONS:
./IV ANNOUNCEMENTS / PRESENTATIONS:
&SA F-O
a. JPaee 5) Presentation to retired police K-9 Cabal.
/V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, dease submit
reauest form to the Citv Clerk wior to this Item)
VIII. CONSENT AGENDA:
a. (Pwe 9) Approve Minutes fiom the January 5, 2006 regular City Council
meeting.
b. IPape 14) Approve Minutes fiom the January 12, 2006 special City Council
meeting .
C. (Staff Report on Page 18, Resolution on Parre 33) Resolution 15, 2006 -
Interlocal Agreement with Palm Beach County. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement
with Palm Beach County to effectuate the exchange of land and Geographic
Information System (GIS) data; authorizing the Mayor and City Clerk to execute
such Interlocal Agreement; and providing an effective date.
d. lPwe 42) Proclamation - Step up Florida Day.
PUBLIC HEARINGS:
Part I - Ouasi-iudicial
Part I1 - Non-Ouasi-iudicial
a. (Staff Report on Pape 43, Ordinance on Page 47) adfnamt-k- , - (2nd
1 -*==
ckdhmc&*bearpaaca-~ 1
reading and adoption) Expedited Development Review Program for Economic
Development Projects. FF
--&he+m& crcathg a new Section- 7lFw43&d .. ..
-a€?-- ..
RESOLUTIONS:
a. fStaff ReDort on Page 81, Resolution on Page 85) Resolution 5, 2006 -
Approve a contract award to Construction Technology, Inc., for the construction
of the Sandhill Crane Access Park. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida awarding a contract to Construction Technology,
Inc. for the design and construction of Sandhill Crane Access Park and all related
appurtenances; authorizing the City Manager to take all actions necessary to
complete the project in a timely manner; and providing an effective date.
ORDINANCES: (For Consideration on First Reading)
a. {Staff Reoort on PaPe 262, Ordinance on Page 265) Ckdkmee L28pQj .-
rl Amending Article I11 of the City of Palm Beach Gardens Code of Ordinances, p~& Entitled Police Offkers' Retirement Trust Fund. I$r opdinaeet ofthccity
3-0
XII.
XIII.
XIV.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
CITY ATTORNEY REPORT:
ADJOURNMENT
PLERSE 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 541-799-4122 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.
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.
Please PriM COMMENTS FROM THE PUBLIC Request to Address City Council 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 Please Print Name: El\d@ 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 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 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.
Please Print 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. I
Please Print , \ 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.
Officer Michael Stelicha has requested permission to assume legal
ownership of K-9 Cabal who is retiring from service.
K-9 Cabal began his career with the Police Department in March 1999.
He has been an asset to this City but due to his deteriorating health, he is no
longer able to perform his duties.
K-9 Cabal and his handler are the Department’s only team trained to detect
explosives.
In our City alone, they were tasked numerous times to search for explosives
in suspicious packages, during bomb threats, and at pre-arrival of dignitaries.
The Stelicha and Cabal team was relied upon heavily in keeping citizens
safe after the September 1 lth attacks.
We are confident that Officer Stelicha will continue providing K-9 Cabal a
good home and provide the care and attention he needs.
ClN OF PALM BEACH GARDENS CIN COUNCIL
Agenda Cover Memorandum
Date Prepared: February 1,2006
Meeting Date: February 2,2006
Resolution 25,2006
SubjectlAgenda Item: Amending Resolution 184, 2005 regarding repairs, debris clearing and
hauling related to Hurricane Wilma to authorize the City Manager to contract for services in an
amount not to exceed $250,000.
[XI Recommendation to APPROVE
Reviewed by: 1% Christine Tatu I City Attorne 2-7
I Allan Owens
Finance Administrator
Services Administrat
I Department Administrator
c
1 to DENY
Originating Dept.:
Todd Engle
Senrip Direcs
Cons CtlO
Department
Advertised: N/A
Paper:
[ ] Not Required
Affected parties
[ ] Notified
[ ] Not required
~~ ~~~~
Costs: $250,000.00
Funding Source:
[ ] Operating
[ X ] Other
Budget Acct.#:
001.0900.519.6900
Hurricane Wilma Expenses
Council Action:
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 25, 2006
[ ]None
E ‘r
Date Prepared: February I, 2006
Meeting Date: February 2,2006
Resolution 25,2006
BACKGROUND:
In December 2005, Council approved Resolution 184, 2005 declaring an emergency and
waiving the formal bid process to ensure that repairs and debris hauling necessitated by
damages caused by Hurricane Wilma were performed in a timely manner. Anticipated expenses
were originally estimated for a not to exceed amount of $500,000.
Since then, staff has been able to more accuratelydetermine the amount of repairs and quantity
of debris collected. Roof and Golf Course debris clearing remains the same at $190,000.
However, approximately40,OOO cubic yards of debris was estimated to be hauled from the City‘s
reduction site on Hood Road at a cost of $31 0,000. The final amount of mulch produced is now
projected to be approximately 72,000 cubic yards at a cost of $560,000. The City’s contractor is
currently onsite continuing with debris removal, and must be complete by February 16,2006, as
mandated by the Florida Department of Health. Staff is requesting to increase the amount of
funds needed for repairs and debris hauling related to Hurricane Wilma for a not to exceed
amount of $750,000.
STAFF RECOMMENDATION: Approve Resolution 25,2006 as presented.