01-23-2020 REG VC-A_with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JANUARY 23, 2020
501 U.S. HIGHWAY 1 7:30 PM
Darryl C. Aubrey Mark Mullinix David B. Norris Susan Bickel Deborah Searcy
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Andrew D. Lukasik Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
ROLL CALL
INVOCATION – MAYOR AUBREY
PLEDGE OF ALLEGIANCE – VICE MAYOR MULLINIX
AWARDS AND RECOGNITION
APPROVAL OF MINUTES
1. Minutes of the Regular Session held 12/12/19
COUNCIL BUSINESS MATTERS
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item
under Statements from the Public. Time Limit: 3 minutes
Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda
will be called on when the issue comes up for discussion. Time Limit: 3 minutes
Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and
submit it to the Village Clerk prior to the beginning of the meeting.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
CONSENT AGENDA
The Consent Agenda is for the purpose of exped iting issues of a routine or pro-forma nature. Councilmembers
may remove any item from the Consent Agenda, which would automatically convey that item to the Regular
Agenda for separate discussion and vote.
2. MOTION – Payment of Change Order #1 and Final Pay Application in the amount of $124,263.75
to Ferreira Construction Southern Division Company, Inc for the Pepperwood Circle South and
Anchorage Drive Culvert Repair project.
3. MOTION – Approval and ratification of Change Order #1 from Republic Construction Corporation in
the amount of $1,952 to perform HVAC, plywood and drywall tasks defined in architect plan
revision #1.
Regular Session Agenda, January 23, 2020 Page 2 of 367
4. RESOLUTION – Announcing the date of the Village General Election and Run-off Election,
designating voting locations, authorizing and delegating certain duties to the Supervisor of
Elections and providing for the composition of the Village's canvassing board.
5. RESOLUTION – Amending Resolution No. 2018-105 to modify the payment schedule for the
Lease Agreement with Leasing 2, Inc. for the Sutphen Fire Engine; and authorizing the Village
Manager to execute an amended Exhibit to the Lease Agreement.
6. RESOLUTION – Approving the sole source purchase of radio equipment for the Police Department
from Citation Communications at a total cost of $52,919.30.
7. RESOLUTION – Approving a Blanket Purchase Order to GL Staffing Services, Inc. for temporary
Sanitation Collector staffing in an amount not to exceed $22,500.
8. RESOLUTION – Approving a First Amendment to the License Agreement with JKTA, LLC to
occupy space at the North Palm Beach Country Club to operate a Tennis Academy; and
authorizing execution of the Amendment.
9. Receive for file Minutes of the Library Advisory Board Meeting held 11/26/19.
10. Receive for file Minutes of the Planning Commission meeting held 12/3/19.
11. Receive for file Minutes of the Golf Advisory Board meeting held 12/16/19.
OTHER VILLAGE BUSINESS MATTERS
12. RESOLUTION – LAKESIDE PARK BULKHEAD PROJECT Approving a proposal from Engenuity
Group, Inc., to provide professional engineering services for the Lakeside Park Bulkhead Project at
a total cost of $52,712; and authorizing execution of all required documents.
13. RESOLUTION – STORMWATER REPAIR PROJECTS Approving a Contract with D.S. Eakins
Construction Corporation in the amount of $87,543 for stormwater repairs on Country Club Drive,
Dory Road South, Doolen Court and Ebbtide Drive; and authorizing execution of the Contract.
14. RESOLUTION – LIBRARY ROOF EMERGENCY REPAIRS Approving and ratifying emergency
repairs to the Village Library roof mansard by Commercial Roof Maintenance Systems, LLC at a
total cost of $32,812.78.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
15. Review of Village Manager Evaluation Format
VILLAGE MANAGER MATTERS/REPORTS
16. FEMA Map Changes
17. Design Concepts for the US1 and Prosperity Farms Road Bridges
18. Country Club Membership Options
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
ADJOURNMENT
If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a
record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should
contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and
responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
Regular Session Agenda, January 23, 2020 Page 9 of 367
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Steven J. Hallock, Director of Public Works
DATE: January 23, 2020
SUBJECT: MOTION – Payment of Change Order #1 and Final Pay Application for the
Pepperwood Circle South and Anchorage Drive Culvert Repair project in
the amount of $124,263.75 to Ferreira Construction Southern Division
Company, Inc.
In accordance with the Village’s Accounting Policies & Procedures Manual, a Certificate of
Completion and an Application for Final Payment must be completed and forwarded to the
Mayor and Council for approval if the project exceeds $100,000.
Pepperwood Circle South and Anchorage Drive Culvert Repair Contract:
Original Contract Amount: $123,263.75
Contingency Budget: $ 12,325.00
FY 2019 Project Budget: $143,624.00
Change Order #1: $ 1,000.00
Final Project Cost: $124,263.75
This project was completed on time and under budget. Change order #1 was to remove,
dispose of and replace one section of sidewalk that was a tripping hazard, but not included in
the original project scope.
Recommendation:
Village Administration requests Council consideration and approval of a motion
approving the Payment of Change Order #1 and Final Pay Application for the
Pepperwood Circle South and Anchorage Drive Culvert Repair project in the amount of
$124,263.75 to Ferreira Construction Southern Division Company, Inc. in accordance with
Village policies and procedures.
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Steven J. Hallock, Director of Public Works
DATE: January 23, 2020
SUBJECT: MOTION – Approval and ratification of Change Order #1 from Republic Construction Corporation in the amount of $1,952 to perform HVAC, plywood and drywall tasks defined in architect plan revision #1.
The Village is in the process of completing the Public Safety Building Evidence Rebuild project,
which is ahead of schedule and under budget. On October 10, 2019, the Village Council
approved a total project budget of $81,180 (Resolution 2019-113). The contract with Republic
Construction Corporation is $73,800 and there is a 10% contingency ($7,380) for unforeseen
circumstances, such as Change Order #1 to perform HVAC, plywood and drywall tasks defined
in the architect’s plan revision #1.
Per the Village’s Accounting Policies and Procedures, “The Village Manager has the authority to
approve change orders under $10,000 that are within the original scope of the project and that
do not exceed the original budget line item for the project; however, the Village Council will be
notified of any such change orders for their approval and ratification at the next scheduled
Council Meeting.” This Motion is intended to meet this requirement.
Expenditures for this project are budgeted under Account No. K5710-66200 (Public Safety
Building – Building). This change order is well within the contingency and therefore it will not
exceed the original budget line item for the project.
Account Information:
Fund Department Account
Number
Account
Description Amount
Capital Projects Fund Public Safety Building K5710-66200 Building $1,952
Recommendation:
Village Staff requests Council consideration, approval and ratification of Change Order
#1 from Republic Construction Corporation in the amount of $1,952 to perform HVAC,
plywood and drywall tasks defined in architect plan revision #1 in accordance with
Village policies and procedures.
VILLAGE OF NORTH PALM BEACH
OFFICE OF THE VILLAGE CLERK
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Jessica Green, Village Clerk
DATE: January 23, 2020
SUBJECT: RESOLUTION – Announcing the Village General Election on March 17, 2020
Sec. 10-3 of the Village Code of Ordinances (“Notice of general election”) provides as follows: “The village
clerk shall cause to be published at least fifteen (15) days next preceding any general election, once, in
a newspaper of general circulation in the village, a notice stating the date of such election, the offices to
be filled, and the time and place where such election shall be held; and if there be one (1) or more
propositions to be voted upon, state in substance the character of the propositions to be voted upon. In
addition, such notice shall be given by posting a copy thereof in at least three (3) public and conspicuous
places in the village, one (1) of which shall be the bulletin board in the village hall.”
In accordance with Section 10-3, the Village Clerk will publish the required notice at least 15 days prior
to the March 17, 2020 General Election. The Village Clerk also provides advance notice of the election
through the Village Newsletter and website, and posts a notice on the bulletin boards at the Village Hall
and two other Village-owned facilities.
The attached Resolution: announces the March 17, 2020 Election; declares the offices to be filled;
requests that the Palm Beach County Supervisor of Elections conduct the election; delegates certain
duties to the Supervisor of Elections; and appoints the Supervisor of Elections to the Village’s canvassing
board.
There is no immediate fiscal impact.
The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency.
Recommendation:
Village Staff recommends Council consideration and approval of the attached Resolution
announcing the General Election on March 17, 2020; declaring the offices to be filled; requesting
that the Palm Beach County Supervisor of Elections conduct the election; delegating certain
duties to the Supervisor; and providing for the composition of the Village’s canvassing board.
RESOLUTION NO. 2020-___
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, ANNOUNCING THE DATE OF THE VILLAGE
GENERAL ELECTION AND RUN OFF ELECTION, IF NECESSARY;
DESIGNATING VOTING LOCATIONS; REQUESTING THAT THE
SUPERVISOR OF ELECTIONS CONDUCT THE ELECTION; AUTHORIZING
THE SUPERVISOR OF ELECTIONS TO CERTIFY THE ACCURACY OF THE
TABULATION EQUIPMENT AND HANDLE, CERTIFY AND CANVASS ALL
BALLOTS, INCLUDING ABSENTEE BALLOTS; DESIGNATING THE
CANVASSING BOARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there is one office to be filled at the General Election to be held in the Village on March
17, 2020; AND
WHEREAS, through the adoption of Ordinance No. 2019-05 on June 27, 2019, the Village Council
moved the date of the Village 2020 General Election from the uniform date established by Chapter
83-498, Laws of Florida (second Tuesday in March), to the date of the Presidential Preference Primary
election (third Tuesday in March); and
WHEREAS, in accordance with the requirements of Chapter 83-498, Laws of Florida, the Florida
Election Code and the Village Code of Ordinances, the Town Council wishes to: (1) formally
announce the date of the General Election, the date of the Run-Off Election (if necessary) and the
voting locations; (2) request that the Palm Beach County Supervisor of Elections conduct the election,
certify the accuracy of the tabulation equipment, and handle, canvass, and certify all ballots, including
absentee ballots; and (3) designate the Village’s canvassing board.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are hereby ratified and incorporated herein.
Section 2. The General Election for Village Councilmember Group 3 (two-year term) shall be
held on Tuesday, March 17, 2020, with a Run-Off Election, if necessary, to be held on Tuesday,
March 31, 2020.
Section 3. The precincts for the Village General Election shall be the same as those designated
by Palm Beach County.
Section 4. The Village Council requests that the Palm Beach County Supervisor of Elections
conduct the Village General Election, including any runoff election as necessary. The Supervisor of
Elections shall conduct a Logic and Accuracy Test for the tabulation of all ballots, including absentee
ballots, and the Village Clerk or her designee shall be present during such testing.
Section 5. The Village Council authorizes the Palm Beach County Supervisor of Elections to
distribute, canvass and certify all ballots for the Village General Election, including absentee ballots,
in accordance with the Florida Election Code and the Village Code of Ordinances. If necessary, the
Village Council further appoints the Supervisor of Elections or her successor or designee to serve as
a member of the Village’s canvassing board, along with the Village Clerk or her successor or
designee, and the Village Attorney.
Section 6. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this _____ day of ____________, 2020.
______________________________
MAYOR
(Village Seal)
ATTEST:
________________________________
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: January 23, 2020
SUBJECT: RESOLUTION – Amending Resolution No. 2018-105 to modify the payment schedule
for the Lease Agreement with Leasing 2, Inc. (Sutphen Fire Engine) and authorizing the
Village Manager to execute an amended exhibit to the Lease Agreement.
Through the adoption of Resolution No. 2018-105 on December 13, 2018, the Village Council approved
a proposal from Leasing 2, Inc. for the lease of one Sutphen Fire Engine equipped to Village
specifications. In accordance with the proposal, the Council approved an annual lease payment of
$54,629.06 for a term of seven years, with a balloon payment of $216,334.00 to be paid by Brindlee Fire
Apparatus, LLC for the purchase of the fire engine at the conclusion of the lease.
The first payment was due on December 20, 2019; however, the Village has not yet received delivery of
the Fire Engine. Final delivery is not expected until late February or early March. Consequently, Leasing
2, Inc. gave the Village the option of deferring the first payment to March 1, 2 020. However, due to
additional accrued interest, the first payment would increase by $817.63, increasing the amount of the
first payment to $55,446.69. Because this increase exceeds the amount approved in Resolution No.,
2018-105, Village Staff is seeking Council approval of the attached Resolution amending Resolution
2018-105 to approve the increased first payment and authorize the Village Manager to execute the
amended payment schedule.
The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney.
Account Information:
Fund Department Account Number Account Description Additional Amount
General
Fund Debt Service A8535-49158 Vehicle Lease $817.63
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution amending
Resolution No. 2018-105 to increase the first payment to Leasing 2, Inc. for the Sutphen Fire
Engine by $817.63, with funds expended from Account No. A8535-49158 (Debt Service – Vehicle
Lease), and authorizing the Village Manager to executed an amended payment schedule in
accordance with Village policies and procedures.
RESOLUTION 2020-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA AMENDING RESOLUTION NO. 2018-105 TO MODIFY
THE PAYMENT SCHEDULE FOR THE LEASING AGREEMENT WITH LEASING
2, INC. FOR THE SUTPHEN FIRE ENGINE AND AUTHORIZING THE VILLAGE
MANAGER TO EXECUTE AN AMENDED EXHIBIT TO THE AGREEMENT;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2018-105 on December 13, 2018, the Village Council
approved a proposal from Leasing 2, Inc. for the lease of one Sutphen Fire Engine equipped to Village
specifications; and
WHEREAS, in accordance with the proposal, the Council approved an annual lease payment of $54,629.06
for a term of seven years, with a balloon payment of $216,334.00 to be paid by Brindlee Fire Apparatus,
LLC for the purchase of the fire engine at the conclusion of the lease; and
WHEREAS, due to a delay in the delivery of the fire engine, Leasing 2, Inc. gave the Village the option
of delaying the first payment from December 20, 2019 to March 1, 2020, thereby increasing the first
payment to due to additional accrued interest; and
WHEREAS, the increase in the first payment amount requires an amendment to Resolution No. 2018-105,
and the Village Council determines that the adoption of this Resolution is in the best interests of the
residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby amends Resolution No. 2018-105 by increasing the first
payment due under the Lease Agreement with Leasing 2, Inc. by $817.63 to $55,446.69, with funds
expended from Account No. A8535-49158 (Debt Service – Vehicle Lease). The Village Council further
authorizes the Village Manager to execute an Amended Payment Schedule (Exhibit E to the Lease
Agreement), a copy of which is attached hereto and incorporated herein.
Section 3. All other provisions of Resolution No. 2018-105, to the extent not expressly modified
herein, shall remain in full force and effect.
Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS _____ DAY OF ________________, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
EXHIBIT E - AMENDED
PAYMENT SCHEDULE
LESSEE: Village of North Palm Beach
LEASE AMOUNT: $481,350.00
COMMENCEMENT DATE: 12/21/2018
INTEREST RATE: 4.19%
PAYMENT PURCHASE
NO. DATE PAYMENT INTEREST PRINCIPAL PRICE*
1 3/1/2020 $55,446.69 $24,261.46 $31,185.23 $459,827.63
2 12/21/2020 $54,629.06 $15,460.65 $39,168.41 $419,155.36
3 12/21/2021 $54,629.06 $17,225.62 $37,403.44 $380,051.81
4 12/21/2022 $54,629.06 $15,657.97 $38,971.09 $339,499.87
5 12/21/2023 $54,629.06 $14,024.62 $40,604.44 $297,445.89
6 12/21/2024 $54,629.06 $12,322.81 $42,306.25 $253,834.23
7 12/21/2025 $54,629.06 $10,549.68 $44,079.38 $208,607.19
8 12/21/2026 $216,334.00 $8,702.24 $207,631.76 $0.00
Grand Totals $599,555.05 $118,205.05 $481,350.00
LESSEE: Village of North Palm Beach
By:
Andrew D. Lukasik
Title: Village Manager
Date:
* After payment of Rental Payment due on such date.
RESOLUTION 2018-105
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM
LEASING 2, INC. FOR THE LEASE OF ONE SUTPHEN FIRE ENGINE
EQUIPPED TO VILLAGE SPECIFICATIONS PURSUANT TO PRICING
ESTABLISHED BY FLORIDA SHERIFFS ASSOCIATION CONTRACT;
APPROVING A DEFERRED PURCHASE VALUE AGREEMENT WITH
BRINDLEE MOUNTAIN FIRE APPARATUS, LLC; AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE THE LEASE AGREEMENT AND
RELATED DOCUMENTS IN ACCORDANCE WITH THE TERMS OF THE
PROPOSAL; DECLARING ONE FIRE ENGINE AS SURPLUS PROPERTY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff recommended accepting a proposal from Leasing 2, Inc. for the lease of
one FSA20 Sutphen Fire Engine equipped to Village specifications ("Equipment") from South
Florida Emergency Vehicles pursuant to pricing established by Florida Sheriffs Association
Contract No. FSA 18-VEH 16.0 (Cab & Chassis and Heavy Equipment); and
WHEREAS, the proposal is for a lease term of seven (7) years, and at the conclusion of the lease,
the Fire Engine will be purchased by Brindlee Fire Apparatus, LLC for $216,334.00, the amount of
the balloon payment; and
WHEREAS, the Village Council has determined that a true and very real need exists for the
acquisition of the Equipment described in the Lease -Purchase Agreement by and between the
Village and Leasing 2, Inc. and has further determined that the Equipment will be used solely for
essential governmental functions and not for private business use; and
WHEREAS, the Village has undertaken the necessary steps, including, without limitation to
compliance with legal bidding requirements, under applicable law to arrange for the acquisition of
such Equipment; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby accepts the proposal submitted by Leasing 2, Inc. for
the lease of one Sutphen Fire Engine equipped to Village specifications from South Florida
Emergency Vehicles pursuant to pricing established by Florida Sheriffs Association Contract No.
FSA18-VEH 16.0 (Cab & Chassis Trucks and Heavy Equipment). The total annual cost of the
lease shall be $54,629.06 for a term of seven years, with a balloon payment of $216,334.00, to be
paid by Brindlee Fire Apparatus, LLC. Funds for the lease payments will be expended from
Account No. A8535-49158 (Debt Service — Vehicle Lease).
Page 1 of 2
Section 3. The Village Council determines that the terms of the Lease -Purchase and Escrow
Agreement with Leasing 2, Inc. are in the best interest of the Village for the acquisition of the
Equipment, and the Village Council designates and confirms that Village Manager Andrew D.
Lukasik is authorized to execute and deliver the Lease -Purchase Agreement and Escrow
Agreement and any related documents necessary to the consummation of the transactions
contemplated by the Lease -Purchase Agreement and Escrow Agreement.
Section 4. The Village Council further authorizes the Village Manager to execute a Deferred
Purchase Value Agreement with Brindlee Mountain Fire Apparatus, LLC, a copy of which is
attached hereto and incorporated herein. All agreements shall be subject to review by the Village
Attorney for form and legal sufficiency.
Section 5. Upon delivery, acceptance and placement into service of the new Fire Engine, the
Village Council declares the following equipment as surplus property and authorizes its disposal
in accordance with Village policies and procedures:
Unit No. Description VIN Engine Hours
Engine 3 Shop #323 Pierce Enforcer 4P1CT02U93A003196 5900
Section 6. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 13TH DAY OF DF
Village Seal)
ATTEST:
szz A-,
VILLAGE CLERK
Page 2 of 2
LEASE FINANCING PROPOSAL
Requested by
South Florida Emergency Vehicles
Representing
ica SUTPHEN-
Presented To (As Lessee)
Village of North Palm Beach, Florida
Proposal Date: October 25, 2018
Equipment Description: Sutphen Custom Engine
Commencement Date: November 30, 2018
Email:
Option 1
Equipment Cost: 518,000
Trade In: 28,550
Prepay Discount: 8,100
Amount Financed: 481,350
Lease Term: 7 Years
First Payment Date: 11/30/2019
Payment Frequency: Annual
Lease Rate: 4.19%
Payment Amount: 54,629.06
Balloon: 216,334.00
Balloon Due Date: 11/30/2026
Qualifications:
1. Pricin : This is a lease proposal for the payment stream(s) indicated above. If any of the information identified above are not correct, please
advise us so that we can determine if a new proposal is required. Other important elements of this proposal are:
a) Rate Expiration: Signing this proposal does not in itself lock in your rate. This lease must be credit approved, contracts properl
signed, and the lease funded by Leasing 2 within thirty days from the date of this proposal to protect the rates quoted.
b) Closing Costs: There will be no up -front costs of any kind charged by Lessor including closing costs, points, administrative cost;
etc. Your attorney may charge you to review the lease documents and complete the opinion letter required with our lease
documentation.
c) Fixed Rates: Rates for ten (10) years and under are fixed for the entire term. Terms over ten years have a one time rate
adjustment after seven (7) years to the then current interest rates for the remaining term.
2. Type of Lease: This is a lease -purchase type of financing. After all the lease payments are made, Lessee will own the equipment without
further cost.
3. Financial Reporting All city, county and tax districts (including fire districts) will be expected to provide GAAP audited financial reports.
All non -for profit corporations (vfd's) will be expected to provide IRS 990 federal tax returns. If you do not maintain these types of financial
reports, please contact us to discuss.
4. Credit Approval and Doc umentation: This is a proposal only, and does not represent a commitment to lease. This financing is subject to
credit review and approval and execution of mutually acceptable documentation, including the opinion of lessee's counsel opining that the
agreement is legal, valid and binding, and qualified as a tax exempt obligation under the tax reform act of 1986 as amended.
Financing provided by:
easing 2
Leasing 2, Inc.
Contact: Brad Meyers
Phone: 800-287-5155 x12 MEMBER
Date: October 25, 2018
Email: bmeyers@leasing2.com AS"—!
Web: www.leasing2.com GOVERlAlE1RALEASINGBfV1ANCE
REQUEST TO PROCEED:
When you are ready to proceed with Leasing 2 towards finalizing this lease financing arrangement, please indicate so by signing
below and completing the requested information. We will immediately email you our application. Thank you for your confidence
and consideration.
Proposal date: October 25, 2018
Upcoming Governing Body meeting date for lease approval
Villae of North Palm Beach, Florida
Name of ss E
art.
Authorize ,%gnpjv e
Printed Name Of Authorized Signature
Contact Name (If Different Than
Authorized Signature)
1
Contact E -Mail Address
Option Chosen: (where applicable;
Date
Title
Contact Phone
Last month of your budget year?
Please complete the above information and fax or email all pages of the proposal to
813-258-9333/bmeyers@ieasing2.com
ASSOCIA'T'ION MR
GOVERNMENTAL
LEASING & FINANCE
Important: A Resolution will be required with the lease contract **
In the event that you require board action to sign this proposal,
please call us so that we may forward the preferred form for the meeting.
Brindlee Mountain Fire Apparatus, LLC
Deferred Purchase Value Agreement
This contract is entered into on the a day of 2018 by and
between Brindlee Mountain Fire Apparatus, LLC, an Alabama Limited Liability
Corporation, hereinafter referred to as "BMFA" and the Village of North Palm
Beach, a municipal corporation organized and existing under the laws of the
State of Florida, hereinafter referred to as the "End -User" further, hereinafter
collectively referred to as the "Parties."
BMFA for the sum of ten ($10.00) dollars and other good and valuable
consideration the receipt and adequacy of which is hereby acknowledged agrees
to provide a "Deferred Purchase Value" to "End -User" during the term specified
herein. The "Deferred Purchase Value" specified herein shall be subject to the
terms, conditions and limitations specified herein. BMFA will have no obligation
to honor the "Deferred Purchase Value" detailed herein if "End -User" fails to meet
its obligations hereunder or in the case the Apparatus fails to meet the conditions
as required and specified herein. Further, BMFA will have no obligation to honor
the "Deferred Purchase Value" if the Apparatus contemplated herein has not
been shipped from the manufacturer to the "End -User" within the eighteen (18)
month or five -hundred -forty (540) day period after the date this Agreement is
executed or after the expiration of the seven (7) year period after the.shipment
date of the Apparatus by the manufacturer to "End -User", unless the "End -User"
and BMFA enter into a written extension prior to the expiration of each such
period.
Now, therefore; in consideration of the foregoing, the Parties hereto agree as
follows:
Deferred Purchase Value:
BMFA hereby offers and agrees to pay the value as detailed in Exhibit B entitled
Deferred Purchase Values" for the Apparatus and Equipment fully
described and detailed in Exhibit A entitled "Apparatus and Equipment
Description", provided that all options and equipment included in the bill of
materials by the Original Equipment Apparatus Manufacturer are present at
the time of surrender of the Apparatus and the Apparatus meets or exceeds
the conditions as described in Exhibit D hereto entitled "Specific
Conditions and Requirements for Apparatus upon Surrender and
Application for Payment Hereunder". Further, each Apparatus will be
required to undergo and successfully pass a National Fire Protection
Association, hereinafter referred to as "NFPA", pump test and an annual
NFPA ladder/aerial inspection, if applicable, by a qualified third party,
acceptable to BMFA, prior to the payment of the Deferred Purchase Value to
End -User" by BMFA. The standards and specifications for the NFPA tests
Page 1 of 7
and/or certifications will be those in force at the time of the inspection from
time -to -time.
End -User" hereby agrees to pay BMFA the sums shown in Exhibit C hereto
entitled "Early Termination Payments", in the case for any reason
whatsoever "End -User" exercises its right to terminate this Agreement before
its expiration. Early termination of this Agreement will cause BMFA
substantial harm; therefore "End -User" must pay the amount shown for the
applicable time -frame as shown in Exhibit C hereto entitled "Early
Termination Payments" to partially compensate BMFA for the damages it
will suffer from the early termination of this Agreement. "End -User"
understands that time is of the essence and it must honor its obligations
hereunder in a timely fashion. If "End -User" fails to provide the required
notice to BMFA or fails to pay the "Early Termination Payments" detailed in
Exhibit C hereto, it shall be in default of this Agreement and BMFA shall be
entitled to compensatory damages for all of the costs associated with
End -User's" default and shall, in addition to any and all compensatory
damages, be entitled to any and all punitive damages a court of competent
jurisdiction shall award without limit.
Responsibilities of BMFA:
BMFA will pay to "End -User at any time prior to the expiration or termination of
this Agreement by the "End -User" the sum shown on the attached Exhibit B
entitled "Deferred Purchase Value" subject to the paragraph below entitled
Specific Conditions and Requirements for Apparatus upon Surrender
and Application for Payment Hereunder".
Responsibilities of End -User:
End -User" will maintain the Apparatus under the Manufacturer's Recommended
Preventative Maintenance Schedule; comply with obligations of the
Manufacturer's Warranty; and maintain a complete record of all preventative
maintenance warranty, and other repairs made to the Apparatus from the date
of acceptance from the manufacturer to the date of surrender of the
Apparatus to BMFA.
Specific Conditions and Requirements for Apparatus upon Surrender and
Application for Payment Hereunder:
The Specific Conditions and Requirements for Apparatus upon Surrender
and Application for Payment Hereunder are detailed in Exhibit D hereto.
The "End -User' acknowledges and agrees that it fully understands that BMFA
has no obligation to honor the Deferred Purchase Value shown in Exhibit C
hereto if the Apparatus does not fully meet the criteria described fully in
Exhibit D; however it agrees to have the deficiencies repaired or to negotiate
the Deferred Purchase Price with BMFA, in good faith, to compensate for the
Page 2of7
deficiencies in the condition at the time of surrender. If "End -User" and BMFA
fail to negotiate an amended Purchase Price,
acceptable to both parties, for the Apparatus; "End -User' and BMFA shall submit
the matter to Binding Arbitration to a panel of three qualified Arbitrators under
the rules of the American Arbitration Association to determine the fair value of
the Apparatus. If BMFA is not willing to honor the value as determined by the
Arbitrators, "End -User" will no longer be bound by this Agreement and may
retain, sell or dispose of the Apparatus in any manner and at any price it sees
fit.
Further, "End -User" agrees it has the responsibility to notify BMFA of any material
changes in the value of the Apparatus covered by this Agreement including,
but not limited to, accidental damage or collision, modifications, significant
system failure or if the Apparatus fails to meet the required annual
certifications as required by NFPA standards or otherwise as may be
amended from time to time. If the Apparatus is destroyed at any time while
this Agreement is in effect, "End -User" will offer the salvage, if it owns such
salvage and/or inform its insurance company of BMFA's interest in acquiring
such salvage on a first -right -of -refusal basis to BMFA. Further, "End -User"
shall include BMFA as a potential vendor for the repair of the Apparatus if it is
damaged by collision or otherwise.
Indemnification:
End User" shall indemnify, defend and hold harmless BMFA against any actions,
claims or damages arising out of "End User's" negligent or intentional acts in
connection with this Agreement. BMFA shall indemnify, defend and hold
harmless "End User" against any actions, claims or damages arising out of
BMFA's negligent or intentional acts in connection with this Agreement. No
action will be taken by either party against the other with the exception of a
default by one of the parties to a specific requirement of said party as
provided for herein. The foregoing indemnification shall not constitute a
waiver of "End User's" sovereign immunity beyond the limits set forth in
Section 768.28, Florida Statutes, nor shall it create a cause of action in favor
of any third party.
Exclusivity:
End -User" hereby acknowledges and agrees that execution of this Agreement
gives BMFA the sole right to market and sell the Apparatus covered
hereunder for the duration of this Agreement. "End -User" will not advertise,
offer to sell, in any fashion, sell or otherwise transfer ownership in the
Apparatus without first paying the required sum to BMFA, as required
hereunder, and receiving a full release from BMFA subsequent to payment of
the Value show in Exhibit C which BMFA shall immediately send to
Page 3of7
End -User" upon receipt of payment in full in the form of a "Cashier's Check"
or "Wire Transfer" drawn on an acceptable Bank.
Jurisdiction:
The validity, interpretation, performance and enforcement of this Agreement shall
be governed by the laws of the State of Florida. Each Party to this
Agreement hereby irrevocably consents to the jurisdiction of any state or
federal court located in Palm Beach County in the State of Florida.
Term:
This agreement will be valid and enforceable for a period of seven (7) years or
eighty four (84) months from the date the Apparatus is shipped to the
End -User" by the manufacturer specified below; providing up to eighteen (18)
months total for "End -User" to order and the manufacturer to produce and
ship the Apparatus, within ninety (90) days after the execution of this
Agreement "End -User" will complete and place its purchase order for
Apparatus with the manufacturer so named here Sutphen; and the specified
manufacturer will have four -hundred -fifty (450) days to produce and ship the
Apparatus to the "End -User". This Agreement will be void and of no effect
after a period of seven (7) years from the date the Apparatus is shipped to the
End -User" by the manufacturer and the seven (7) year term shall commence
no later than eighteen (18) months or five hundred (540) days subsequent to
the execution of this Agreement by the "End -User' and BMFA. If the
Apparatus contemplated by this Agreement is not shipped by the
manufacturer by the end of the eighteenth (18th) month provided for herein,
End -User" and BMFA must both re-evaluate the "Deferred Purchase
Value specified in Exhibit B and amend this Agreement, in writing, or this
Agreement will be Void and BMFA will have no further obligation to
End -User". This Agreement may be terminated by the "End -User" at any time
by providing written notice to BMFA; provided however the "End User" must
give said notice a minimum of one -hundred -eighty (180) days prior to the
expiration of this Agreement and pay the Early Termination Payment specified
in Exhibit C hereto entitled "Early Termination Payments". If "End -User"
chooses to terminate this Agreement by giving the required notice, as
provided herein, at any time prior to one -hundred -eighty (180) days prior to its
expiration, "End -User" shall be responsible to pay the amount specified in
Exhibit C hereto entitled "Early Termination Payments" concurrent with its
Notice of Termination and if the Early Termination Payment specified for the
time -frame of the Early Termination is not included with said Notice, this
Agreement shall remain in full force and effect until the receipt of the amount
specified in Exhibit C for the time period as of the date payment is received,
in full. Subsequent to receipt of the specified Payment provided for in Exhibit
C entitled "Early Termination Payments", in full, by BMFA from "End -User"
neither Party will have any obligation to the other under this Agreement.
Page 4of7
Interest and Penalties:
End -User" understands and agrees that time is of the essence and "End -User"
agrees to the following specific Interest and Penalties if it fails to honor any or
all of its obligations in a timely manner. Any Early Termination Payment that
becomes past due for more than thirty (30) days will bear interest at eighteen
18%) percent or the highest rate allowed by law in the State of Florida.
Further, "End -User" understands and agrees it will bear all of the cost of
collection of any and all Early Termination Amounts due to BMFA which
become more than sixty (60) days past due, including reasonable collection
fees and attorney fees.
Page 5of7
Notices:
Any notice required or permitted to be provided hereunder will be in writing and
delivered by either (a) certified mail, return , receipt requested, postage
prepaid; (b) hand delivery; (c) reputable overnight courier service, freight
prepaid, requiring the signature of the party to whom the notice is sent. No
notice to either party will become valid and enforceable without proof of
delivery by the party serving notice to the other. Notices should be addressed
as follows:
If to BMFA: Brindlee Mountain Fire Apparatus, LLC
15410 Highway 231
Union Grove, AL 35175
Telephone: 256-498-0188
Facsimile: 256-498-0924
Attention: James F. Wessel, President
If to "End -User": Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, FL 33408
Telephone: 561- 841-3361
Facsimile: 561-848-3344
Attention: Andrew Lukasik, Village Manager
Entire Agreement:
This Agreement embodies the entire agreement and understanding of the parties
hereto and supersedes any and all prior agreements and understandings
relating to the matters provided for herein, including any verbal
representations made on behalf of BMFA by any member of its staff other
than a duly authorized officer of BMFA. No alteration, waiver, amendment,
change or supplement hereto shall be binding or effective unless the same is
set forth in writing and executed by a duly authorized representative of each
Party.
Enforcement Costs:
If any legal action or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default or
misrepresentation in connection with any provisions of this Agreement, the
successful or prevailing party shall be entitled to recover reasonable
attorney's fees and costs (including such fees and costs incident to appeals)
incurred in that action or proceeding, in addition to any other relief to which
such party may be entitled.
Page 6of7
In Witness Whereof, BMFA and the "End -User" have executed or caused this
Agreement to be executed by their duly authorized officers as of the day and
year first written above.
Village. of North Palm Beach
a Floras- 'c'pal co rg j'on
By:
Name: ktd-r w D. Lukasik
Title: Village Manager
Brindlee Mount 'n Fire Apparatus, LLC
an Alabama ited Liability Corporation
By: ,
Nam (print): 0,
Title: Its:
Exhibit A: "Apparatus and Equipment Description"
Exhibit B: "Deferred Purchase Values"
Exhibit C: "Early Termination Payments"
Exhibit D: "Specific Conditions and Requirements for
Apparatus upon Surrender and Application
for Payment Hereunder"
Page 7of7
DEFERRED PURCHASE VALUE AGREEMENT
EXHIBIT A
APPARATUS AND EQUIPMENT DESCRIPTION
Vehicle Year of Manufacture 2018
Chassis Manufacture Sutphen
Body Manufacturer Sutphen
Exhibit A - Deferred Purchase Agreement - Page 1 of 1 BMFAO END USE
DEFERRED PURCHASE VALUE AGREEMENT
EXHIBIT B
DEFERRED PURCHASE VALUES
Apparatus as described in Exhibit A
Deferred Purchase Value $ 216,334.00
Period /Term 84 Months
Exhibit B - Deferred Purchase Agreement - Page 1 of 1 BMF &END USER
DEFERRED PURCHASE VALUE AGREEMENT
EXHIBIT C
EARLY TERMINATION PAYMENTS
Period / Term begins at date of shipment of apparatus (as
described in Exhibit A) from manufacturer's facility (as
detailed in paragraph entitled "Term" of the "Deferred
Purchase Value Agreement". Any early termination agreement
shall result in $25,000 paid to Brindlee Mountain.
Exhibit C - Deferred Purchase Agreement - Page 1 of 1 BMF&_ END USE
DEFERRED PURCHASE VALUE AGREEMENT
Specific Conditions and Requirements for Apparatus upon Surrender and
Application for Payment Hereunder"
1. At time of surrender, apparatus must pass a standard NFPA pump and/or aerial
test, if applicable, conducted by an independent third party acceptable to BMFA.
2. At time of surrender, apparatus must be free of any rust, corrosion, oxidation,
and any cosmetic deficiencies.
3. At time of surrender, title free of lien must be transferred to Brindlee Mountain
Fire Apparatus, LLC.
4. At time of surrender, apparatus must have less than 35,000 miles, based upon the
odometer with "End -User" certification that odometer reflects all mileage and has
not been replaced or tampered with.
5. At time of surrender, if apparatus has suffered any damage as a result of collision,
fire, wind, flood, or other event which would affect Deferred Purchase Value
End -User" must disclose the details of such damage to BMFA. If such damage has
been repaired to Manufacturer's specifications and to the satisfaction of BMFA,
BMFA will continue to honor Deferred Purchase Value. If such damage has not
been, repaired, or is unrepairable, BMFA will not be obligated to honor Deferred
Purchase Value, but would be agreeable to re-evaluating possible purchase of
apparatus at an adjusted value.
Exhibit D page 1 of 1 BMFA END US'EICZ4
VILLAGE OF NORTH PALM BEACH
POLICE DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Rick Jenkins, Police Chief
DATE: January 23rd 2020
SUBJECT: RESOLUTION – FY2020 Purchase Order (Citation Communications)
In accordance with the Village’s purchasing policy, Council approval is required for a purchase order
when the aggregate fiscal year spending for a vendor is anticipated to exceed $10,000.00.
Administration is requesting the approval of a purchase order to be issued to Citation Communications
to cover mobile radios, new in-car radios for all marked units, radio software upgrades, radio
programming, equipment and accessories expenses for the Police Department in the amount of
$52,919.30. Purchases will be made utilizing pricing established by the sole source vendor Citation
Communications, that is under Palm Beach County bid# SB16C-25W and labor bid#SB13C-19S.
FY2020 budgeted amount for the Police radios is $58,550.00. The account balance will be used to
purchase replacement head-sets from a different vendor.
Net Decrease in General Fund as follows:
Fund Department Account
Number Account Description Amount
General
Fund Police A5711-34660 R & M PA. Communication Systems $52,919.30
Contact person: Rick Jenkins – Police Chief
The attached Resolution has been prepared/reviewed by your Village Attorney for legal sufficiency.
Recommendation:
The Village Administration recommends Council consideration and approval of the attached
resolution, approving the required purchase order with Citation Communications at a total cost
of $52,919.30 with funds expended from Account No. A5711-34660 (Police - R &M PA
Communication Systems) in accordance with Village Policies and Procedures.
RESOLUTION 2020-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING THE SOLE SOURCE
PURCHASE OF POLICE RADIO EQUIPMENT FROM CITATION
COMMUNICATIONS PURSUANT TO PRICING ESTABLISHED IN
EXISTING AGREEMENTS WITH PALM BEACH COUNTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Police Department is requesting approval of the sole source purchase of radio
equipment, in the form of mobile and in-car radio replacement parts, radio upgrades and
programming, equipment and accessories expenses, from Citation Communications pursuant to
pricing established in existing contracts between the vendor and Palm Beach County (SB 16C-
25W (equipment) and SB 13C-19S (labor)); and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the sole source purchase of police radio
equipment from Citation Communications pursuant to pricing established in existing agreements
with Palm Beach County at a total cost of $52,919.30, with funds expended from Account No.
A5711-34660 (Police – Repair and Maintenance PA and Communication Systems).
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2020 .
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Steven J. Hallock, Director of Public Works
DATE: January 23, 2020
SUBJECT: RESOLUTION – Approval of the issuance of a blanket purchase order to GL
Staffing Services, Inc. for temporary Sanitation Collector staffing in an amount
not to exceed $22,500.
The Public Works Department is requesting the approval of a blanket purchase order to GL Staffing
Services, Inc. in the amount of $22,500 for temporary agency staffing for the Sanitation Division on
an as needed basis. This purchase order is needed when a significant amount of Sanitation staff is
off due to vacation time, sick time, bereavement leave, worker’s compensation, and/or staff turnover.
If we do not have enough Sanitation staff we cannot complete collection without working into the
evenings, rolling over some of the collection to the next day, and/or mixing garbage and vegetation.
None of these options are acceptable with the level of service our residents and customers have
come to expect.
The Public Works Department previously generated a purchase order for $7,000 (PO 101463) for
temporary agency staffing and this funding has been exhausted. This new purchase order for
$22,500 is expected to last for the rest of the fiscal year, especially if the Department can get the
Sanitation Division vacancies filled and get back to full staff. When at full staff, the Department does
not need to use temporary agency staffing unless there are extreme circumstances and this is rare.
In accordance with the Village’s purchasing policies and procedures: “Blanket purchase orders in
excess of $10,000 shall be approved by the Village Council, provided, however, that the blanket
purchase orders in excess of $10,000 and up to $25,000 shall be placed on the Consent Agenda.”
The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency.
Additionally, any agreements with GL Staffing Services will be subject to review and approval by the
Village Attorney.
Account Information:
Fund Department/
Division Account Number Account Description Amount
General
Fund Public Works/Sanitation A7020-33491 Contractual Services $22,500
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution
approving the issuance of a blanket purchase to GL Staffing Services, Inc. for temporary
Sanitation Collector staffing in an amount not to exceed $22,500, with funds expended from
Account No. A7020-33491 (Public Works/Sanitation – Contractual Services), in accordance
with Village policies and procedures.
RESOLUTION 2020-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING THE ISSUANCE OF A
BLANKET PURCHASE ORDER TO GL STAFFING SERVICES, INC. FOR
TEMPORARY SANITATION COLLECTOR STAFFING IN AN AMOUNT
NOT TO EXCEED $22,500.00; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Public Works Department is requesting the issuance of a blanket purchase order
to GL Staffing Services, Inc. in an amount not to exceed $22,500.00 for temporary Sanitation
Collector staffing; and
WHEREAS, Village Council approval is required when the aggregate fiscal year spending for a
single vendor exceeds $10,000; and
WHEREAS, the Village Council determines that the adoption of this Resolution , including the
waiver of any conflicting purchasing policies and procedures, is in the best interests of the Village
and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the issuance of a blanket purchase order to
GL Staffing Services, Inc. for temporary Sanitation Collector staffing services for the Public
Works Department in an amount not to exceed $22,500.00, with funds expended from Account
No. A7020-33491 (Public Works/Sanitation – Contractual Services). All agreements with GL
Staffing for such services shall be subject to review and approval by the Village Attorney.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2020. .
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Beth Davis, CCM, General Manager
DATE: January 23, 2020
SUBJECT: RESOLUTION – Approval of a First Amendment to the License Agreement with JKTA, LLC
for use of the North Palm Beach Country Club Tennis Courts
Through the adoption of Resolution No. 2019-108 on September 26, 2019, the Village Council approved
a License Agreement (“Agreement”) with JKTA, LLC (“Kriek”) to operate the world-renowned John Kriek
Tennis Academy at the Country Club Tennis Center. Kriek has requested an amendment to the Agreement
to change the term and revise the payment schedule. Kriek was unable to commence the program in
October as originally anticipated.
The First Amendment to the License Agreement provides for a new term of November 1, 2019 through
September 30, 2020. It also revises Section 4 of the License Agreement as follows:
PAYMENT.
A. As consideration for the grant of the License by the VILLAGE, JKTA shall
pay to the VILLAGE the sum of Nineteen Thousand Five Hundred Dollars ($19,500.00)
Eighteen Thousand Dollars ($18,000.00) over the License Term, payable as follows:
(1) First three months (October November through December January): $1,000
per month;
(2) Second Next three months (January February through March April): $1,500
per month; and
(3) Final six Next four months (April May through September August): $2,000
per month.; and
(4) Final month (September): $2,500.
B. In the event that JKTA does not occupy the Licensed Area commencing
October 1, 2019, the rent for the month of October shall be prorated. Prior to occupying the
Licensed Area and conducting the Academy at the Tennis Center, JKTA shall pay to the
VILLAGE a sum equal to the first month’s rent, the last month’s rent and a security deposit
in the amount of $1,000.00.
The attached Resolution and First Amendment have been prepared and/or reviewed for legal sufficiency
by the Village Attorney.
Recommendation:
Village staff requests Council consideration and approval of the attached Resolution approving a
First Amendment to the License Agreement with JKTA, LLC and authorizing the Mayor and Village
Clerk to execute the First Amendment in accordance with Village policies and procedures.
RESOLUTION 2020-_____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE
LICENSE AGREEMENT WITH JTKA, LLC TO OCCUPY SPACE AT THE
NORTH PALM BEACH COUNTRY CLUB TO OPERATE A TENNIS ACADEMY
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
FIRST AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2019-108, the Village Council approved a
License Agreement with JKTA, LLC to occupy space at the Country Club Tennis Center to operate
the Johan Kriek Tennis Academy in accordance with the terms and conditions set forth therein; and
WHEREAS, the Village and JKTA, LLC wish to execute a First Amendment to the License
Agreement to modify the term and the payment provisions; and
WHEREAS, the Village Council determines that the approval and execution of a First Amendment
to the License Agreement is in the best interests of the residents and citizens of the Village of North
Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby approves a
First Amendment to the License Agreement with JKTA, LLC, a copy of which is attached hereto and
incorporated herein, and authorizes the Mayor and Village Clerk to execute the First Amendment on
behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 3
FIRST AMENDMENT TO LICENSE AGREEMENT
THIS FIRST AMENDMENT is made and entered into this _____ day of
________________, 2020 by and between the VILLAGE OF NORTH PALM BEACH, a
Florida municipal corporation, 501 U.S. Highway One, North Palm Beach, FL 33408, hereinafter
referred to as “VILLAGE”, and JKTA, LLC, a Florida limited liability company, 6321 PGA
Boulevard, Suite 104-311, Palm Beach Gardens, FL 33418, hereinafter referred to “JKTA.”
WITNESSETH:
WHEREAS, the VILLAGE and JKTA executed a License Agreement dated September 26,
2019 for the operation of the John Kriek Tennis Academy on courts located at the North Palm
Beach Country Club Tennis Center; and
WHEREAS, the parties have agreed to modify the terms of the License Agreement relating
the commencement date and the payment schedule.
NOW, THEREFORE, in consideration of the mutual benefits and promises set forth herein
and in the Agreement and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by both parties, the VILLAGE and JKTA agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. Section 3 of the License Agreement is hereby amended to read as follows (deleted language
is stricken through and additional language is underlined):
3. TERM OF THE LICENSE.
The term of the License granted herein shall be from October November 1,
2019 through September 30, 2020 (“License Term”). Payments shall be due prior
to the first (1st) day of each month and shall be considered late by the fifteenth (15th)
day of each month.
3. Section 4 of the License Agreement is hereby amended to read as follows (deleted language
is stricken through and additional language is underlined):
4. PAYMENT.
A. As consideration for the grant of the License by the VILLAGE,
JKTA shall pay to the VILLAGE the sum of Nineteen Thousand Five Hundred
Dollars ($19,500.00) Eighteen Thousand Dollars ($18,000.00) over the License
Term, payable as follows:
(1) First three months (October November through December January):
$1,000 per month;
Page 2 of 3
(2) Second Next three months (January February through March April):
$1,500 per month; and
(3) Final six Next four months (April May through September August):
$2,000 per month.; and
(4) Final month (September): $2,500.
B. In the event that JKTA does not occupy the Licensed Area
commencing October 1, 2019, the rent for the month of October shall be prorated.
Prior to occupying the Licensed Area and conducting the Academy at the Tennis
Center, JKTA shall pay to the VILLAGE a sum equal to the first month’s rent, the
last month’s rent and a security deposit in the amount of $1,000.00.
4. All other provisions of the License Agreement, to the extent not expressly modified herein,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this License Agreement as of the date
first above written.
VILLAGE:
VILLAGE OF NORTH PALM BEACH, a
Florida municipal corporation
(VILLAGE SEAL)
By: _______________________________
DARRYL AUBREY, Mayor
ATTEST:
By: ________________________________
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By: ________________________________
VILLAGE ATTORNEY
Page 3 of 3
JKTA:
JKTA, LLC, a Florida limited liability company.
Witnesses:
_________________________ By: ______________________________
Print Name: Print Name:
Title:
_________________________
Print Name:
VILLAGE OF NORTH PALM BEACH
LIBRARY ADVISORY BOARD MEETING MINUTES
NOVEMBER 26, 2019
CALL TO ORDER
Chairperson Christine DelGuzzi called the meeting toorder at7:00PM.
ROLL CALL
Present : Zakariya Sherman, Library Director
Christine DelGuzzi, Chairperson
Phyllis Wissner, Vice Chairperson
Bonnie Jenkins, Secretary
Carolyn Kost, Member – Speaker Phone
Brad Avakian, Member
Tina Chippas, Member
Leslie Metz, Member – (Absent)
David Norris – Council President Pro Tem
APPROVAL OF MINUTES
Minutes for the October, 22 2019, meeting were approved after a motion made by Phyllis Wissner and
seconded by Tina Chippas.
LIBRARIAN’S REPORT
Director Zak Sherman reported the following:
thth7AnnualVeteransDayCeremonywasheldon November 11and included the dedication of
the Gold Star Families memorial.
thPalmSpringsPublicLibraryGrandRe-Opening was attended by staff on October 30.
ndFamiliesReadingTogetherkickoffwasNovember2 at the Norton Museum of Art. NPB was
represented by Julie and Meaghan. Treasure chests containing books were given away.
The Library will be hosting language learning classes in English as a Second Language, German
and Portuguese. Due to state aid funding requirements, a suggested donation of $4.00to $7.00
is recommended.
Discussions with Biblioteca, a e-book provider, are underway. This would provide access tothe
inventory of allof the participating libraries within the state. NPB patrons would have first call
on any NPB books.
Friends of the Library Update:
thoMetNovember4 and discussed dates of upcoming events.
o Book sales continue to be strong.
o Fundraising, including the mini-golf event and haunted house netted over $2500.00.
Facilities:
o All carpets within the library have now been cleaned.
Youth Services
thoJulieandZakparticipatedin “Read for the Record” on November 7. They read tosix
stTCS1 grade classes.
Adult programs
o Crafts for Grown-ups continue.
o Book Discussion club read Where the Crawdads Sing by Delia Owens
Statistics
o Statistics continue to rise.
o New Library Management System (Koha) provides better, more in-depth reports to
keep track.
o For specific numbers, please see Director Sherman’sreport
OLD BUSINESS
There was none.
NEW BUSINESS
Bonnie Jenkins moved that there benoLAB meeting inDecember, duetothe holidays. The motion was
seconded byTina Chippas and passed unanimously.
QUESTIONS AND ANSWERS
ADJOURNMENT
Amotion toadjourn the meeting was made byTina Chippas and seconded byPhyllis Wissner.
The meeting was adjourned at7:22PM.
The next meeting will beTuesday, January 28, 2020 at7:00pm
See you inthe next decade!
Respectfully submitted byBonnie Jenkins – January 14, 2020
VILLAGE OF NORTH PALM BEACH
PLANNING COMMISSION
REGULAR MEETING MINUTES
TUESDAY, DECEMBER 3, 2019
Present: Cory Cross, Chairman
Thomas Hogarth, Member
Jake Furlott, Member
Kathryn DeWitt, Member
Jonathan Haigh, Member
Len Rubin, Village Attorney
Jeremy Hubsch, Community Development Director
Paola West, Principal Planner
Justin Revis, Planner
Not Present: Donald Solodar, Vice Chair
Lori Rainaldi, Member
I. CALL TO ORDER
Chairman Cross called the meeting to order at 6:30 PM.
IA. ROLL CALL
All members of the Planning Commission were present except Mr. Solodar and Ms. Rainaldi. II. APPROVAL OF MINUTES
The Minutes of the November 5, 2019 Regular Meetings were approved as written.
III. DELARATION OF EX PARTE COMMUNICATIONS
There were no Ex Parte Communications declared by the Board.
IV. QUASI JUDICIAL MATTERS / PUBLIC HEARING
Gregory Keller, 2750 Omega Place, requested to address the Planning Commission regarding clarification of a
statement he made at the November Planning Commission meeting related to his Special Exception application
regarding the storing of his boat. The Staff Report indicated that the height of his wooden fence was less than
six feet, but he asserted that it was six feet. He stated that after the meeting he went home and measured the
fence and it was indeed less than six feet.
A. CERTIFICATES OF APPROPRIATENESS
1. COA 2019-1961: 115 Lakeshore Drive – OLD PORT COVE TOWER EAST
CONDOMINIUM ASSOCIATION
Minutes of Village Planning Commission Regular Meeting held on December 3, 2019
2
Request: An application submitted by Michael Beck on behalf of OLD PORT COVE
TOWER WEST CONDOMINIUM ASSOCIATION, requesting Certificate of
Appropriateness (COA) approval for building paint colors.
Mr. Revis presented the Staff report and recommendation. The applicant is requesting approval of paint colors
for the Old Port Cove Tower East condominium building. The proposed building colors are a white for the
body and rails (Benjamin Moore 967/OC-149 and OC-152) and a light teal for the trim (Benjamin Moore 688).
The proposed paint colors are generally harmonious with the architecture of the buildings and the character of
Old Port Cove. The painting has been completed, therefore retroactive approval is needed.
The Planning Commissions had no questions or comments for discussion.
Motion: Mr. Hogarth moved to approve the application. Mr. Furlott seconded the motion, which passed 5-0.
2. COA 2019-1962: 123 Lakeshore Drive – OLD PORT COVE TOWER WEST
CONDOMINIUM ASSOCIATION
Request: An application submitted by Michael Beck on behalf of OLD PORT COVE
TOWER WEST CONDOMINIUM ASSOCIATION, requesting Certificate of
Appropriateness (COA) approval for building paint colors.
Chairman Cross advised that application is identical to the previous item (COA 2019-1961) and asked for a
Motion to approve.
The Planning Commissions had no questions or comments for discussion.
Motion: Mr. Haigh moved to approve the application. Mrs. DeWitt seconded the motion, which passed 5-0.
3. COA 2019-1827: 135 Shore CT– ONE THIRTY FIVE SHORE COURT
CONDOMINIUM ASSOCIATION, INC.
Request: An application resubmitted by Charles Moore on behalf of ONE THIRTY FIVE
SHORE COURT CONDOMINIUM ASSOCIATION, INC. requesting Certificate of
Appropriateness (COA) approval for siding material.
Mrs. West presented the Staff report and recommendation. The application has not changed substantially from
the previous one submitted in November. The Planning Commission expressed concerns that changing the
cedar shake to a vinyl siding would alter the building design and requested the Applicant return with a rendering
to clarify the relationship between the proposed building colors and materials. The Applicant has supplemented
the submittal package to include a hand colored elevation of the existing building to show what the proposed
color scheme will look like. The colored elevation shows that the building color will remain a rose peach color;
however, the building shutters and doors will be painted to match the siding’s Pebblestone Clay color.
However, the colored elevation does not show what the proposed vinyl siding material will look like on the
building. The Applicant has provided several photographs of previous projects that have utilized similar vinyl
siding material. Staff does not consider what was submitted a rendering as it does not show the material, but it
does clean up what the colors are to look like. At the November presentation, Staff requested that the building
have good architectural character and be harmonious with the surrounding buildings. Staff does not feel they
meet this criteria.
The Planning Commissions discussion included: Whether a new rendering was submitted; whether the building
color was going to be a peach color; discussion on whether what was submitted actually provides the
Minutes of Village Planning Commission Regular Meeting held on December 3, 2019
3
information requested; suggestion that as the original cedar shake has held up for over 40 years, it has proven
durability over the vinyl siding and should be kept; suggestion that other products be considered that would
mimic the cedar shake; suggestion that a more comprehensive rendering and/or samples be submitted to show
the actual colors of the siding, shutters and building.
Charles Moore, 7957 South Lake Dr., West Palm Beach, was present to represent the applicant.
Mr. Don Clemmons, Vice President of the Shore Court Condominium Association, 237 Castlewood Dr., was
also present to represent the applicant.
Motion: Mr. Haigh moved to table the application to the January meeting. Mrs. DeWitt seconded the motion,
which passed 5-0.
4. COA 2019-1618: 541 Northlake Boulevard – BFS RETAIL & COMMERCIAL
OPERATIONS
Request: An application submitted by John F. Hose on behalf of BFS RETAIL &
COMMERCIAL OPERATIONS requesting Certificate of Appropriateness (COA) approval
for signage.
Mrs. West presented the Staff report and recommendation. The applicant is proposing to replace an existing
wall sign and resurface an existing ground/monument sign for the property. The existing monument sign is
currently located close to the west side of the property, set back 10 feet from the side property line along
Northlake Boulevard, and only the sign face is to be changed. The existing continuous variegated arboricola
hedge at the base of the sign will remain. The existing wall sign is currently mounted to the front facade of the
structure, set back 48.6 feet from the property line. The prosed wall sign will be in the same location as the
current wall sign, but will be smaller than it is currently. The area for the wall sign does slightly exceed the 5%
maximum area by 1.72 square feet and Staff has placed a condition to reduce the sign area accordingly.
It is Staff’s analysis that this application is consistent with the Appearance criteria provided herein. Should the
planning Commission determine that the Applicant has met the necessary prerequisites for the granting a
Certificate of Appropriateness, Staff requests the following conditions be included as part of the Commission’s
approval:
1. Applicant shall obtain all necessary governmental permits and approvals for the sign.
2. Hedge must be installed a minimum of 30 inches high and not more than 18 inches apart.
3. Building sign must be reduced in sign area to a maximum of 48.28 sq. ft (5% of building facade).
The Planning Commissions discussion included: suggestion to maintain the monument sign hedge so the street
address is visible; suggestion to paint the sign frame the same blue as the sign lettering; where the location of
the Bridgestone sign is installed; suggestion to remove the racetrack mounting on the wall sign and to pin mount
it and lit internally; and
Motion: Mr. Hogarth moved to approve the application with the conditions:
1. Applicant shall obtain all necessary governmental permits and approvals for the sign.
2. Hedge must be installed a minimum of 30 inches high and not more than 18 inches apart. Hedge must be
trimmed where the street numbers are located to allow for numbers to be visible.
3. Window sign is subject to applicable codes.
4. Building sign must be reduced in sign area to a maximum of 48.28 sq. ft. (5% of building façade). Building
sign must include letters individually attached to the building and not include the raceway as proposed.
Minutes of Village Planning Commission Regular Meeting held on December 3, 2019
4
5. Ground sign frame must be painted to match the blue Pantone color that is proposed.
Mrs. DeWitt seconded the motion, which passed 5-0.
5. COA 2019-1914: 808, 812, 816, 824, & 828 Lighthouse Drive – PINEAPPLE GROVE
CONDOMINIUM OF NORTH PALM BEACH
Request: An application submitted by Elizabeth O’Hara on behalf of PINEAPPLE GROVE
CONDOMINIUM OF NORTH PALM BEACH requesting Certificate of Appropriateness
(COA) approval for fencing material and color.
Mr. Revis presented the Staff report and recommendation. The Applicant is proposing to remove an existing
wooden privacy fence that is located along the western half of the property’s border with Osborne Park. A new
vinyl privacy fence will be constructed along the entirety of the property’s border with Osborne Park. The
proposed fence will be six feet tall and will be supported by concrete columns spaced every sixteen feet. The
Village’s Parks Department has reviewed the proposed fencing and is supportive of the Applicant’s request.
It is Staff’s analysis that this application is consistent with the Appearance criteria provided herein. Should the
Planning Commission determine that the Applicant has met the necessary prerequisites for the granting a COA,
Staff requests the Commission include the following condition(s) as a part of their order:
1. Obtain a building permit for the proposed project as approved herein.
Byron Garcia, Remnant Construction, 201 S. 2nd St., Fort Pierce, FL, was present to represent the project.
The Planning Commissions discussion included: how will the fence attach to support panel; whether the Code
allow for decorative features above fences; and whether the fence stops at the dumpster enclosure.
Motion: Mr. Furlott moved to approve the application with the conditions that the top rail of the fence be
lowered to just below the stucco band to match the height of the column pillars, the column pillars be painted to
match the building and the fence panels to be white. Mr. Hogarth seconded the motion, which passed 5-0.
B. ZONING/VARIANCE APPLICATIONS
No Items
V. ADMINISTRATION MATTERS
A. North Palm Beach Country Club/Farmer’s Table Sign:
Mr. Hubsch refreshed the Planning Commission on Staff’s presentation of the North Palm Beach Country Club
/ Farmer’s Table Sign brought before the Board over the summer. The matter went before the Village Council
and then back and forth with several reiterations. It was Staff’s suggestion to add the pergola elements to match
the Country Club building.
Council is comfortable with current sign design and asked for Planning Commission’s recommendation before
final approval.
Michael Suvella, Art Sign Company, 835 N.W. 6th Avenue, Ft. Lauderdale, was present to represent the project.
Minutes of Village Planning Commission Regular Meeting held on December 3, 2019
5
Mr. Suvella explained that the mini cupolas were an idea from Village staff, and mimic the Country Club
cupolas. They are internally illuminated and are translucent or transparent, whichever the Village prefers. Each
side has four smaller windows instead of one larger window. The fabrication is heavy gauge aluminum and
welded, all designed to meet the stringent wind load requirements. The text is aluminum computer routed
graphics with matching computer routed ¾ inch acrylic protruding through it. The colors are achieved with
vinyl graphic films. The illumination will have a halo effect.
The Planning Commissions discussion included whether the sign meets the Village’s sign codes.
Mr. Hubsch advised it is a little under 10 feet in height. The sign is being looked at as an architectural structure,
not a sign. Code allows larger architectural structures. The size of the property also allows for larger structures.
The sign will be completely illuminated.
Mr. Furlott - Much more conservative sign – too jazzy – lights shining at the sign instead of illuminating from
it. Cupolas are interesting and appear out of scale with the column size.
Mr. Hogarth – Will the column be square and the cupolas be centered on them? Mr. Suvella advised they are
square and will be 30 inches on the side.
Mrs. DeWitt – Prefers internally lit letters. Feels the blue is too difficult to see at night. Mr. Suvella stated that
the blue is fabricated to not have that effect on the eyes by the way it is bent. She feels white light looks much
nicer. The Cupolas make it appear as a “princess castle”, and a single cupola would be best. Color
differentiation between the side and the sign.
Mr. Suvella suggested to make the cupolas wider. Mrs. DeWitt felt that would be better.
Mr. Haigh – Asked whether the cupolas were octagon shaped. Mr. Suvella advised they are octagons.
The scale of the cupola in the drawing may be misrepresenting the actual design.
Planning Commission’s recommendation to Village Council is there be no cupolas, or at a minimum, one
cupola on the inside, and change the scale of the cupola to be more line with the building (more squat); increase
the size of the top panel and raise the wording (North Palm Beach Country Club) up to provide more separation
between the logo and Jack Nicklaus’ signature; and add the street address on the street side.
B. Commercial Code Rewrite Discussion
• A workshop is being planned for the January Planning Commission. The draft will be sent out to the
Planning Commission to review prior to the January meeting. The consultant was behind schedule in
getting the draft to the Village.
C. Staff Updates
• Status of Staff Parking Lot – Mr. Huff reports that the project is still in the planning and discussion
stages. Staff parking will be needed due to the increased number of seating spaces in the restaurant and
banquet room(s), and the number of events planned concurrently.
D. Commission Member Comments:
Is the sidewalk replacement project going on throughout the Village being completed by a contractor? The
quality of the work is not like the current sidewalks in that the finish is rough and there are no concrete joint
buffers in between the panels.
Minutes of Village Planning Commission Regular Meeting held on December 3, 2019
6
VI. ADJOURNMENT
With there being no further business to come before the Board, the meeting adjourned at 8:01 P.M.
Minutes typed by Jane Lerner
VILLAGE OF NORTH PALM BEACH
GOLF ADVISORY BOARD
MINUTES of December 16, 2019
I. CALL TO ORDER
A. The meeting was called to order by Chairman Steve Mathison at 6:00 p.m.
II. ROLL CALL
A. Present: Absent:
Stephen Mathison – Chairman
Rich Pizzolato – Vice Chairman
Curtis Witters – Secretary
David Talley – Member
Jeff Irish – Member
Jeff Egizio – Member
Landon Wells - Member
B. Staff Members Present:
Allan Bowman, Director of Golf
Beth Davis, General Manager
Lenore Dingle, Membership Coordinator
C. Council Members Present:
David Norris
Deborah Searcy
D. Public Present:
Stephen Rocamboli
NPB Golf Advisory Board Minutes of December 16, 2019
Lorraine Rocamboli
Mike Pierce
III. APPROVAL OF MEETING MINUTES
A. Minutes of the November 18, 2019 GAB Meeting were approved 6-0.
IV. ADMINISTRATIVE REPORTS
Golf Report. Allan Bowman, Director of Golf, delivered his report.
Things at the club are going well. We have had 2400 rounds of play in the first 15
days of December. We are averaging 140 rounds a day.
We had a holiday party for staff at the club.
We have sprayed parts of the course with green coloring but had some complaints
that the spray was not dry and was staining shoes and golf balls. When we spray again, we
will start on the back nine so that the spray is dry before golfers reach it.
We are seeking members for a Green Committee. The committee will meet
approximately four times per year and will address:
1. Golf course conditions.
2. A long-term strategic plan for the course.
thOnJanuary16, we will meet with Brightview to discuss feedback received about
the course, its condition, maintenance, and planning.
We continue to work with the Nicklaus Group on all issues involving the golf
course, keeping in touch as necessary.
We are awaiting a permit to trim the mangroves adjacent to Hole 7 a few inches, in
order to enhance the view of the waterway.
We will close June 1-4 for aeration.
Membership: We currently have 2016 members and 4 slots are open. Invitations
have been sent out to those on the waiting list.
We have 364 names on the waiting list, but some do not seem to be committed to
joining the club. We went through the first 17 names on the list to get 4 acceptances to fill
the openings described above.
V. DISCUSSION TOPICS
The Board and the members of the public present had a discussion about the
membership waiting list. Allan Bowman suggested that those on the waiting list as of
February 1, 2020 be required to make a $100 deposit to remain on the list. When the
NPB Golf Advisory Board Minutes of December 16, 2019
individual’s name on the list is reached, and they become a member, the $100 would be
applied to the cost of the membership. If a person declines to join when their name is
reached, they would receive a $100 gift card for use in the pro shop and their name would be
removed from the waiting list.
One of the members of the public in attendance said that they are currently number
176 on the waiting list and that it is unfair that they are not allowed to become a member.
A discussion was had regarding the history of allowing non-Village residents to hold
a membership in the club.
Allan Bowman asked the Board to consider an additional category of membership, to
see ifit would solve part of the waiting list problem and whether it would have any impact on
renewals by existing golf members. The GAB approved a recommendation to the Village
Council that the category of Village Resident Membership be created.
In addition, the GAB approved a recommendation to require the deposit of $100 in
order for persons to remain on the waiting list.
The rounds report was that we had 3,810 rounds in November, an increase of 10%
over historical numbers.
A discussion was had about trees on the golf course. Board Member Jeff Irish is very
concerned that a number of large trees have been removed over the years and that we have no
plan or policy regarding the removal of trees. The Board shares Jeff’s concern that we must
be good stewards of the land where the golf course is located.
Allan Bowman pointed out that the oak tree on Hole 4which was recently removed
was based on a Nicklaus Group recommendation, in order to correct a long-standing problem
and to allow grass to grow in the fairway. The Board will consider at a future meeting
whether a tree removal policy should be implemented for the golf course.
Chairman Steve Mathison announced that he is making a generous donation of
5,000 to the club in recognition of construction of the artificial grass putting green adjacent
to the new clubhouse.
VI. ADJOURNMENT
The meeting was adjourned at 7:08 p.m.
The next meeting will be January 13, 2020.
Minutes by Curtis L. Witters, Secretary.
VILLAGE OF NORTH PALM BEACH
Public Works Department
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Steven J. Hallock, Director of Public Works
DATE: January 23, 2020
SUBJECT: RESOLUTION – Acceptance of a proposal from the Village Engineer,
Engenuity Group, Inc., to provide professional engineering services for the
Lakeside Park Bulkhead project in the amount of $52,712.
The Village Council executed a Continuing Contract for Professional Engineering Services with
Engenuity Group, Inc. through the adoption of Resolution 2016-30 on May 26, 2016. Village Staff
is recommending utilizing this Contract to request Council’s approval of a proposal from the
Village Engineer, Engenuity Group, Inc., to provide professional engineering services for the
Lakeside Park Bulkhead project in the amount of $52,712. The services will be performed by
Engenuity, as well as two of its subconsultants, Terracon Consultants, Inc. and Isiminger & Stubbs
Engineering, Inc., in accordance with the terms of the Continuing Contract.
Due to the very poor condition of the bulkhead, Village Administration plans to complete the
engineering at this time in case the bulkhead fails and an emergency repair is needed. There is
$60,000 budgeted in this year’s budget for the project. Completing the engineering will also assist
with seeking grant monies for the construction phase of the project, which is currently not
budgeted within the Village’s 5-year Capital Improvement Plan, and will provide an engineering
opinion of probable construction cost for budgetary purposes.
The attached Resolution has been prepared/reviewed for legal sufficiency by the Village Attorney.
Account Information:
Fund Department /
Division
Account
Number
Account
Description Amount
Infrastructure
Surtax
Public Works /
Streets & Grounds I7321-66210
Construction &
Major
Renovation
$52,712
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution
accepting a proposal from the Village Engineer, Engenuity Group, Inc., to provide
professional engineering services for the Lakeside Park Bulkhead project in the amount
of $52,712, with funds expended from the Infrastructure Surtax Fund – Account Number
I7321-66210 (Construction & Major Renovation), in accordance with Village policies and
procedures.
RESOLUTION 2020-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM
ENGENUITY GROUP, INC. FOR PROFESSIONAL ENGINEERING
SERVICES FOR THE LAKESIDE PARK BULKHEAD PROJECT AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ALL REQUIRED
DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village is a party to a Continuing Contract for Professional Engineering Services
with Engenuity Group, Inc. to perform engineering and related services as Village Engineer; and
WHEREAS, Village Administration recommended accepting the proposal submitted by Engenuity
Group, Inc., and two of its subconsultants, Terracon Consultants, Inc. and Isiminger & Stubbs
Engineering, Inc., for professional engineering services for the Lakeside Park Bulkhead Project;
and
WHEREAS, the Village Council determines that adoption of this Resolution accepting the
proposal from Engenuity Group, Inc. is in the best interests of the residents and citizens of the
Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves and accepts the proposal from Engenuity
Group, Inc. pursuant to the Continuing Contract for Professional Engineering Services for
engineering services for the Lakeside Park Bulkhead Project at a total cost of $52,712.00, with
funds expended from Account No. I7321-66210 (Infrastructure Surtax – Public Works –
Construction and Major Renovation). The services shall be performed in accordance with all terms
and conditions of the Continuing Contract. The Village Council further authorizes the Village
Manager to execute all documents necessary to effectuate these services.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
2019 12-18 Proposal
Project No. 03045.46.06
Page 1 of 5
December 03, 2019
Revised: December 18, 2019
Mr. Steven J. Hallock
Director of Public Works
Village of North Palm Beach
645 Prosperity Farms Road
North Palm Beach, FL 33408
(Sent Via E-Mail: shallock@village-npb.org)
Re: Professional Civil Engineering and Surveying Services
Lakeside Park – Bulkhead Replacement
North Palm Beach, Florida
Engenuity Group Project No. 03045.46.06
Dear Mr. Hallock:
We are pleased to offer this proposal to render professional civil
engineering and surveying services in connection with the design of a new
bulkhead (hereinafter called the “Project”).
North Palm Beach would like to replace approximately 250 feet of failing
bulkhead with new bulkhead on the south end of Lakeside Park. Our
proposal will also include provisions for a “living” wall, where appropriate.
This proposal will include the use of our team sub-consultants for structural
and geotechnical engineering.
Surveying Services
Engenuity Group, Inc will prepare a Topographic Survey pursuant to
Chapter 5J-17.050(12), Florida Administrative Code, for a portion of site
identified by Palm Beach County Property PCN: 68-43-42-16-00-002-0040.
The specific limits of the survey are shown on the attached graphic outlined
in yellow. Additionally, 10 cross sections will be obtained of the canal and
into the Intracoastal Waterway as shown on the attached graphic as X1
through X10 in red. The cross sections will extend approximately 50 feet into
the water and sufficient elevations will be obtained on the rubble pile
along the toe of the wall to its end.
See the attached Designated Scope of Services for a specific list of items to
be included on the survey.
The final deliverable will be four (4) signed and sealed copies of the
Topographic Survey with accompanying AutoCAD file, which can be
2019 12-18 Proposal
Project No. 03045.46.06
Page 2 of 5
provided within thirty (30) business days of receiving authorization to
proceed. In the event of rain delaying our field work, the delivery time will
be pushed back the same number of days.
Engineering Services
Our civil engineering services as set forth in Exhibit “A” will be provided for a
lump sum of $52,712.00 based on the following distribution of
compensation:
Engenuity Group
A. Survey of Existing Conditions $5,712.00
B. Coordination and Project Manual $3,500.00
Sub-consultants (Proposals attached in Exhibit “B” & “C”):
A. Geotechnical (Terracon) $8,500.00
B. Structural Design and FDEP Permitting $35,000.00
(Isiminger & Stubbs Engineering, Inc.)
Permit Fees, Reproduction Charges and Reimbursable Expenses
The Total Contract Price does not include the payment of any
governmental agency submittal fees.
Invoicing and Payment
Work will be invoiced on a monthly basis for work completed to date.
Invoice shall be paid in full by the Client within thirty (30) days of the invoice
date, unless within such thirty (30) day period, Client notifies Engenuity
Group, Inc. in writing of its objection to the amount of said invoice. Such
notice shall be accompanied by payment of any undisputed portion of
said invoice. If written objection is not received within thirty (30) days it shall
constitute approval of invoice by Client. If the payment is not received
within thirty (30) days of billing date, a late charge will be added to the
invoice in the amount of 1½ percent per month on the outstanding
balance. If payment is not received within sixty (60) days of the invoice
date, work may be suspended on the project until the outstanding
invoice(s) are paid in full.
This proposal and Exhibit “A”, “B”, and “C” represents the entire
understanding between you and us with respect to the Project. If this
satisfactorily sets forth your understanding of our agreement, please
execute the attached Authorization and return it to us. If you have any
questions, please do not hesitate to contact us.
2019 12-18 Proposal
Project No. 03045.46.06
Page 3 of 5
PURSUANT TO FLORIDA STATUTES §558.0035 (2013) AN INDIVIDUAL
EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR
NEGLIGENCE
Sincerely, Approved by:
Adam Swaney, P.E. Keith B. Jackson, P.E.
Director of Engineering Vice President
Accepted this ______day of
____________________, 2019.
By: ___________________________
(Owner)
2019 12-18 Proposal
Project No. 03045.46.06
Page 4 of 5
DESIGNATED SCOPE OF SERVICES: TOPOGRAPHIC SURVEY
NAME: Lakeside Park – Bulkhead Replacement
ENGENUITY PROJECT NO. 03045.46.06 DATE: 12/18/2019
TASK:
Topographical Survey
Included
in
Contract
(Yes/No)
Minimum of two permanent benchmarks on site; description and
elevation to nearest .01’.
Yes
Contours at 1 foot intervals; error shall not exceed one half contour
interval.
No
Spot elevation at each intersection of a 50 foot square grid covering the
property.
Yes
Spot elevations at street intersection and at 100 feet on center curb,
sidewalk and edge of paving including far side of paving.
Yes
Plotted location of structures, man-made (e.g., paved areas) and
natural features.
Yes
Location of water mains, and other utilities including, but not limited to,
buried tanks and septic fields serving, or on, the property based on as-
built information supplied by utility companies.
No
Location of fire hydrants available to the property. Yes
Location and characteristics of power and communications systems
above grade.
Yes
Location, size, depth and direction of flow of sanitary sewers, storm drains
and culverts serving, or on, the property; location of catch basins and
manholes, and inverts of pipe at each.
Yes
Name of the operating authority of each utility. No
Elevation of water in any excavation, well or nearby body of water. Yes
Extent of watershed onto the property. No
Trees of 6” and over (caliper 3’ above ground); locate within 1’
tolerance and give species in English or botanical terms.
Yes
Specimen trees flagged by the Owner or the Architect (___ in number);
locate to the center within 1’ tolerance; give species in English or
botanical terms, give caliper and ground elevation on upper slope side.
No
Perimeter outline only of thickly wooded areas unless otherwise directed. Yes
Confirm soil boring location(s). No
Other (specify):
1. Datum will be National American Vertical Datum 1988 (NAVD 88).
2. Underground Utility locations are not included in the scope of services.
2019 12-18 Proposal
Project No. 03045.46.06
Page 5 of 5
Attached Graphic
EXHIBIT “A” – ENGINEER’S SERVICES PAGE 1 OF 2
2019 12-18
Project No. 03045.46.06
EXHIBIT “A”
Lakeside Park– Bulkhead Replacement
North Palm Beach, Florida
Engenuity Group Project No. 03045.46.06
ENGINEER’S SERVICES:
A1.01 Design Phase Services
A. Meet with OWNER to define and clarify OWNER’S requirements for the
Project and available data.
B. Prepare existing conditions survey for use in structural design and plan
preparation.
C. Prepare construction plans for the replacement of the bulkhead along
with any upland civil improvements within the general area of the
bulkhead project, such as pathway, grading and restoration.
D. A separate landscape/irrigation plan may be desired by NPB along with
any new or replacement hardscape finishes (pavilion, benches, lighting,
wire utility undergrounding, etc.) and are not included in this proposal.
A. Project Manual suitable for advertising a Request for Proposals (“RFP”) on
the bulkhead repair project. Manual will include VNPB front-end bid
documents; General and technical specifications; civil and structural
drawings and details prepared by Engenuity Group and Isiminger &
Stubbs Engineering.
B. Prepare an opinion of probable construction cost based on ENGINEER’S
best judgment as an experienced and qualified professional engineer
generally familiar with the construction industry. Since ENGINEER has no
control over the costs of labor, materials, equipment or services furnished
by others, or over the CONTRACTOR’S methods of determining prices, or
over competitive bidding or market conditions, ENGINEER cannot and
does not guarantee that proposals, bids or actual Construction Cost will
not vary from opinions of probable Construction Cost prepared by
ENGINEER.
EXHIBIT “A” – ENGINEER’S SERVICES PAGE 2 OF 2
2019 12-18
Project No. 03045.46.06
C. Construction Observation Services: (Due to current budget constraints,
VNPB has requested that these services not be included in this proposal).
Upon request, Engenuity Group and Isiminger and Stubbs will provide a
proposal to perform observations of construction of the new bulkhead
and associated landward civil improvements to monitor construction
quality and to advise contractor of any deviations observed for corrective
actions. The frequency of observations will be such that at the end of the
project a certification that the bulkhead and upland components were
constructed substantially in accordance with the approved plans. Means
and methods will not be dictated.
It is suggested that NPB employ the services of a geotechnical engineer to
monitor vibrations during all pile installation. Engineer shall not be
responsible for on site or off-site damages due to vibrations from pile
driving or other construction related activity. This service is not included in
this proposal.
If Engenuity Group Inc. and Isiminger and Stubbs Engineering, Inc. is not
engaged for construction observation services, Engineer shall not be held
liable for the design or plans and specifications and is hereby indemnified
from same by the Village of North Palm Beach.
ISIMINGER & STUBBS ENGINEERING, INC.
PRINCIPALS: COASTAL ENVIRONMENTAL MARINE ASSOCIATES:
Charles C. Isiminger, P.E. Matthew D. Butler, P.E.
Darwin C. Stubbs, P.E.
Mark A. Powell, P.E.
P.O. Box 14702 649 U.S. Highway 1, Suite 9 North Palm Beach Florida 33408
Phone: 561-881-0003 Fax: 561-881-8123 Email: hq@coastal-engineers.com
December 18, 2019
VIA EMAIL (kjackson@engenuitygroup.com)
Engenuity Group, Inc.
1280 North Congress Avenue, Suite 101
West Palm Beach, FL 33409
Attn: Keith B. Jackson, P.E., Vice President
Re: Proposed Bulkhead Replacement
Environmental Permit Applications and Processing (State and Federal), Design;
Preparation of Plans, Specifications
Village of North Palm Beach Lakeside Park, South Portion, Lake Worth and Canal
Frontage
Village of North Palm Beach, Palm Beach County, Florida
Ladies and Gentlemen:
We are pleased to submit the following proposal for professional services in connection with the
proposed bulkhead replacement at the referenced site. ISIMINGER & STUBBS ENGINEERING,
INC., hereinafter referred to as the Engineer, proposes to furnish professional services for
ENGENUITY GROUP, INC., hereinafter referred to as the Client, of the scope outlined below for
the fees stipulated herein.
SCOPE OF SERVICES
1. Review existing aerials, plans, surveys, permits, and other materials as may be obtained for the
referenced project, and accomplish any necessary on-site reconnaissance, including probing of
submerged soils and soundings and seagrass observation.
2. Coordinate with the Client and geotechnical engineer as necessary in obtaining the necessary
survey and geotechnical report for the project.
3. Provide advice to the Client in regard to options for the bulkhead replacement, and prepare a
concept plan of the proposed bulkhead replacement
4. Upon agreement on a concept plan, submit an Environmental Resource Permit application and
Sovereignty Submerged Land authorization application to the Florida Department of
Environmental Protection at the state level, and a Section 10 permit application to the U.S.
Army Corps of Engineers at the federal level, for the referenced project.
5. Process the required authorizations with the agencies noted above.
Engenuity Group, Inc.
December 18, 2019
Page 2
SCOPE OF SERVICES (CONT.)
6. Design and prepare plans and specifications for the proposed replacement bulkhead. A
concrete panel wall with concrete cap and tieback system is contemplated.
7. Other services as may be agreed to between the parties to this agreement.
Per the direction of the Village of North Palm Beach through Client, bidding assistance and
construction observation services have been removed from this contract. Engineer strongly
recommends that once the Village decides to proceed with bidding, Engineer be retained to assist
with contractor selection and to accomplish construction observation services. If Engineer is not
engaged for construction observation services, Engineer shall not be held liable for the design or
plans and specifications and is hereby indemnified from same by Client and/or Village of North
Palm Beach. It is recommended that Client employ a soils and foundation engineer to monitor
vibrations during all pile installation. Engineer shall not be responsible for on-site or off-site
damages due to vibrations from pile driving or other construction activities and is held harmless
from same by Client. Success in permitting is not guaranteed. Proposed services do not include
working on local government approval and/or variance approval. These regulations should be
independently checked by others.
ITEMS TO BE FURNISHED BY THE CLIENT
AT NO EXPENSE TO THE ENGINEER
Assist Engineer by placing at disposal of same, all available pertinent information including
previous permits, reports or any other data relative to the project.
Furnish at no cost to the Engineer, title search and abstract of property; all permit application and
governmental inspection fees; data prepared by or services required of others, such as subsurface
explorations, laboratory tests and inspections of samples, materials and equipment; appropriate
professional interpretations of all of the foregoing; all surveying information including, but not
limited to, property, boundary, easement, right-of-way, topographic, permanent reference
monuments, permanent control points and utility surveys and property descriptions; zoning and
deed restrictions; and other special data, all of which the Engineer may rely upon, if necessary, in
performing services.
Designate in writing, if appropriate, a person to act as the Client's representative with respect to
the services to be performed under this agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and define the Client's policies and decisions
with respect to materials, equipment, elements and systems pertinent to the Engineer's services.
GENERAL CONDITIONS
The attached General Conditions shall apply to this agreement.
Engenuity Group, Inc.
December 18, 2019
Page 3
FEES TO BE PAID
Items 1 and 2 will be accomplished for a lump sum price of $2,000. Item 3 will be accomplished
for a lump sum price of $1,000. Items 4 and 5 will be accomplished for a lump sum price of
$7,000. Item 6 will be accomplished for a lump sum price of $25,000.
The Scope of Services shall be construed narrowly. Services provided for these fees do not include
any work required by others such as surveying, geotechnical services including vibration
monitoring.
For additional services over and above the contemplated scope, the Engineer shall be paid a
mutually agreeable amount, plus reimbursement for direct non-salary expenses including, but not
limited to, automobile travel at the prevailing IRS rate, commercial air travel at cost, long distance
telephone, subsistence, printing and reproduction.
Payments shall be made upon monthly billing, payable within thirty (30) days from the date of
invoice. Past due payments shall include interest from the date of invoice at a simple interest rate
of l-l/2 percent per month.
TERMINATION
This agreement may be terminated by either party by giving thirty (30) days advance written
notice. The Engineer shall be paid for services rendered to the date of termination on the basis of
a reasonable estimate of the portion of services completed prior to termination and shall be paid
for all reasonable expenses resulting from such termination and for any unpaid reimbursable
expenses.
HOURLY RATES FOR PERSONNEL COMPENSATION (2019)
Isiminger & Stubbs Engineering, Inc.
Principal Professional Engineer $270.00
Senior Professional Engineer 195.00
Professional Engineer 165.00
Engineer Intern 120.00
Technician/Drafter (CAD) 85.00
Administrative/Researcher 60.00
Hourly rates are subject to revision at the beginning of each calendar year.
01.19
19002.SA1
Engenuity Group, Inc.
December 18, 2019
Page 4
ACCEPTANCE
Acceptance of this proposal may be indicated by the signature of the Client in the space provided
below. One signed copy of this proposal, returned to the Engineer, will serve as an agreement
between the parties and as Notice to Proceed. Should this proposal not be accepted within a period
of 30 days from the above date, it shall become null and void.
Sincerely,
ISIMINGER & STUBBS ENGINEERING, INC.
Mark A. Powell, P.E.
19002.EG.NPB.LP.PRO-SIG
ACCEPTED BY: Engenuity Group, Inc.
Printed Name of Person Signing: _____________________________________
Signed: ________________________________
Date: ______________________________
PURSUANT TO SCOPE OF SERVICES: If Engineer is not engaged for construction observation
services, Engineer shall not be held liable for the design or plans and specifications and is hereby
indemnified from same by Client and/or Village of North Palm Beach.
INDEMNIFICATION BY: Engenuity Group, Inc. Or Village of North Palm Beach (circle one)
Printed Name of Person Signing: _____________________________________
Signed: ________________________________
Date: ______________________________
Page 1 of 2
General Conditions
Isiminger & Stubbs Engineering, Inc.
1. The standard of care for all professional engineering and related services performed or
furnished by Engineer under this Agreement will be the care and skill ordinarily used by
members of the subject profession practicing under similar circumstances at the same time
and in the same locality. Engineer makes no warranties, express or implied, under this
Agreement or otherwise, in connection with Engineer’s services. Subject to the foregoing
standard of care, Engineer and its consultants may use or rely upon design elements and
information ordinarily or customarily furnished by others, including, but not limited to,
specialty contractors, manufacturers, suppliers, and the publishers of technical standards.
2. Engineer shall not at any time supervise, direct, control, or have authority over any
contractor's work, nor shall Engineer have authority over or be responsible for the means,
methods, techniques, sequences, or procedures of construction selected or used by any
contractor, or the safety precautions and programs incident thereto, for security or safety at
the Project site, nor for any failure of a contractor to comply with laws and regulations
applicable to such contractor's furnishing and performing of its work.
3. Engineer neither guarantees the performance of any contractor nor assumes responsibility
for any contractor’s failure to furnish and perform its work in accordance with the contract
between Client and such contractor. Engineer is not responsible for variations between
actual construction bids or costs and Engineer's opinions or estimates regarding
construction costs.
4. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor,
or supplier, or of any of their agents or employees or of any other persons (except
Engineer’s own employees) at the Project site or otherwise furnishing or performing any
construction work; or for any decision made regarding the construction contract
requirements, or any application, interpretation, or clarification of the construction contract
other than those made by Engineer.
5. All documents prepared or furnished by Engineer are instruments of service, and Engineer
retains an ownership and property interest (including the copyright and the right of reuse)
in such documents, whether or not the Project is completed. Client shall have a limited
license to use the documents on the Project, extensions of the Project, and for related uses
of the Client, subject to receipt by Engineer of full payment for all services relating to
preparation of the documents and subject to the following limitations:
(a) Client acknowledges that such documents are not intended or represented to be
suitable for use on the Project unless completed by Engineer, or for use or reuse by
Client or others on extensions of the Project, on any other project, or for any other use
or purpose, without written verification or adaptation by Engineer;
(b) Any such use or reuse, or any modification of the documents, without written
verification, completion, or adaptation by Engineer, as appropriate for the specific
purpose intended, will be at Client’s sole risk and without liability or legal exposure
to Engineer or to its officers, directors, members, partners, agents, employees, and
consultants;
Page 2 of 2
(c) Client shall indemnify and hold harmless Engineer and its officers, directors,
members, partners, agents, employees, and consultants from all claims, damages,
losses, and expenses, including attorneys’ fees, arising out of or resulting from any
use, reuse, or modification of the documents without written verification,
completion, or adaptation by Engineer; and
(d) Such limited license to Client shall not create any rights in third parties.
6.For due diligence projects in which the Client does not have or no longer has a contractual
or ownership interest in the property, Client hereby provides consent for Engineer to reveal
facts, data, and information obtained in a professional capacity, to future clients.
7.To the fullest extent permitted by law, Client and Engineer (1) waive against each other, and
the other’s employees, officers, directors, agents, insurers, partners, and consultants, any and
all claims for or entitlement to special, incidental, indirect, or consequential damages arising
out of, resulting from, or in any way related to the Project, and (2) agree that Engineer’s
total liability to Client under this Agreement shall be limited to $50,000 or the total amount
of compensation received by Engineer, whichever is greater. PURSUANT TO
SECTION 558.0035, FLORIDA STATUTES, AN
INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE
HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
8.The parties acknowledge that Engineer’s scope of services does not include any services
related to a Hazardous Environmental Condition (the presence of asbestos, PCBs,
petroleum, hazardous substances or waste as defined by the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive
materials).
9.All causes of action, including but not limited to actions for indemnification, arising out of
Engineer’s work shall be deemed to have accrued and the applicable statutes of limitation
shall commence to run not later than the date of issuance of Engineer’s final invoice for
work under this agreement.
10.Client and Engineer agree to negotiate each dispute between them in good faith during the
30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute,
then the dispute shall be mediated. If mediation is unsuccessful, then the parties may
exercise their rights at law.
11.This Agreement shall be governed in all respects by the laws of the State of Florida.
19002.GC
Terracon Consultants, Inc. 645 NW Enterprise Drive, Suite 107 Port St. Lucie, FL 34986
P (772) 343-9787 F (772) 343-9404 terracon.com
PROPOSAL COVER PAGENovember 27, 2019
Engenuity Group, Inc.
1280 North Congress Avenue, Suite 101
West Palm Beach, Florida 33409
Attn: Mr. Keith Jackson, P.E. – Vice President
P: (561) 655 1151
E: kjackson@engenuitygroup.com
Re: Proposal for Geotechnical Engineering Services
Lakeside Park Bulkhead Replacement
Atlantic Road
North Palm Beach, Florida
Terracon Proposal No. PHB195053
Dear Mr. Jackson:
We appreciate the opportunity to submit this proposal to Engenuity Group, Inc. (Engenuity) to
provide Geotechnical Engineering services for the above referenced project. The following are
exhibits to the attached Agreement for Services.
Exhibit A Project Understanding
Exhibit B Scope of Services
Exhibit C Compensation and Project Schedule
Exhibit D Site Location and Nearby Geotechnical Data
Exhibit E Anticipated Exploration Plan
Our base fee to perform the Scope of Services described in this proposal is $8,500. See Exhibit
C for more details of our fees and consideration of additional services.
Your authorization for Terracon to proceed in accordance with this proposal can be issued by
signing and returning a copy of the attached Agreement for Services to our office.
Sincerely,
Terracon Consultants, Inc.
Brent M. Langlois, P.E.Douglas S. Dunkelberger, P.E.
Project Engineer Principal
Reference Number: PHB195053
Page 1 of 2 Rev. 5-19
AGREEMENT FOR SERVICES
This AGREEMENT is between Engenuity Group, Inc. (“Client”) and Terracon Consultants, Inc. (“Consultant”) for Services to be provided by Consultant for
Client on the Lakeside Park Bulkhead project (“Project”), as described in Consultant’s Proposal dated 11/27/2019 (“Proposal”), including but not limited to
the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this
Agreement).
1. Scope of Services. The scope of Consultant’s services is described in the Proposal, including but not limited to the Scope of Services section
(“Services”), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement).
Portions of the Services may be subcontracted. Consultant’s Services do not include the investigation or detection of, nor do recommendations in
Consultant’s reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant
safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate
software license agreement. Consultant’s findings, opinions, and recommendations are based solely upon data and information obtained by and
furnished to Consultant at the time of the Services.
2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to
execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client’s
request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.
Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client
uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either
party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees
earned to the date of termination plus reasonable costs of closing the Project.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests,
Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the
requested changes. Following Client’s review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs,
authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work
according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to
Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including
but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated
into this Agreement). If not stated in either, fees will be according to Consultant’s current fee schedule. Fee schedules are valid for the calendar year in
which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least
monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the
invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of
1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection-related
costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to
determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined
that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as
well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and
hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing
wages, including the payment of any fines or penalties.
5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client’s sole benefit and exclusive use with no third party
beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who
have executed Consultant’s reliance agreement, subject to the prior approval of Consultant and Client.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT’S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF
$50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY
AND EXPERT FEES) ARISING OUT OF CONSULTANT’S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT
AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL
CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE
PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE,
CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT
APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT’S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and
against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be
caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the
joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault
principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty
is explicitly waived under this Agreement. Causes of action arising out of Consultant’s Services or this Agreement regardless of cause(s) or the theory
of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence
to run not later than the date of Consultant’s substantial completion of Services on the project.
8. Warranty.Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale.EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED,
CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT’S SERVICES AND
CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance.Consultant represents that it now carries, and will continue to carry: (i) workers’ compensation insurance in accordance with the laws of
the states having jurisdiction over Consultant’s employees who are engaged in the Services, and employer’s liability insurance ($1,000,000); (ii)
Reference Number: PHB195053
Page 2 of 2 Rev. 5-19
commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and P.D. combined single
limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant
shall waive subrogation against the other party on all general liability and property coverage.
10. CONSEQUENTIAL DAMAGES.NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF
USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR
ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11. Dispute Resolution.Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated
the standard of care applicable to Consultant’s performance of the Services. Client shall provide this opinion to Consultant and the parties shall
endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed
according to Kansas law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other
exploratory services. Client understands Consultant’s layout of boring and test locations is approximate and that Consultant may deviate a reasonable
distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client
accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in
the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate
conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and
field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to
reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely
and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant’s
recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and
inspections have been so performed and Consultant’s recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes
sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client’s intended
purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can
perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule
Consultant’s Services. Consultant shall not be responsible for the quality and completeness of Client’s contractor’s work or their adherence to the
project documents, and Consultant’s performance of testing and observation services shall not relieve Client’s contractor in any way from its
responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client’s
contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total
estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents
and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by
others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing
procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known
or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated
materials (“Affected Materials”) at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client
agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is
responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected
Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that
Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible
for any claims, losses, or damages allegedly arising out of Consultant’s performance of Services hereunder, or for any claims against Consultant as a
generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant’s
property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files
shall be maintained in general accordance with Consultant’s document retention policies and practices.
16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean
structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be
responsible for damage to subterranean structures or utilities that are not called to Consultant’s attention, are not correctly marked, including by a utility
locate service, or are incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and
complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures
for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client’s
contractors, subcontractors, or other parties present at the site.
PURSUANT TO SECTION 558.0035 OF FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE
OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE.
Consultant:Terracon Consultants, Inc.Client:Engenuity Group, Inc.
By:Date:11/27/2019 By:Date:
Name/Title:Douglas S. Dunkelberger, P.E. / Principal Name/Title:Keith Jackson, P.E. /
Address:645 NW Enterprise Dr, Ste 107 Address:1280 N Congress Ave Ste 101
Port St Lucie, FL 34986-2261 West Palm Beach, FL 33409-6377
Phone:(772) 343-9787 Fax:(772) 343-9404 Phone:(561) 655-1151 Fax:(561) 832-9390
Email:Doug.Dunkelberger@terracon.com Email:kjackson@engenuitygroup.com
Proposal for Geotechnical Engineering Services
Lakeside Park Bulkhead Replacement ■ North Palm Beach, Florida
November 27, 2019 ■ Terracon Proposal No. PHB195053
Responsive ■Resourceful ■Reliable EXHIBIT A – PROJECT UNDERSTANDING 1 of 1
EXHIBIT A - PROJECT UNDERSTANDING
Our Scope of Services is based on our understanding of the project as described by Engenuity
and the expected subsurface conditions as described below. We have not visited the project site
to confirm the information provided. Aspects of the project, undefined or assumed, are highlighted
as shown below. We request the design team verify all information prior to our initiation of field
exploration activities.
Site Location and Anticipated Conditions
Item Description
Parcel Information
The project is located at the dead end of Atlantic Road in North Palm Beach,
Florida.
Latitude: 26.814837°
Longitude: -80.053440°
(See Exhibit D)
Existing
Improvements
Existing bulkhead, assumed to be experiencing some degree of failure or
distress
Current Ground Cover Short grasses
Existing Topography
According to the USGS Topographic Survey, the site ground elevation is at
about +5 feet with respect to the National Geodetic Vertical Datum of 1929
(NGVD)
Site Access We expect the site, and all exploration locations, are accessible with our
truck-mounted drilling equipment.
Expected Subsurface
Conditions
Review of available published data as well as our experience near the vicinity
of the project, illustrated on Exhibit D, indicates subsurface conditions consist
of relatively clean to slightly silty from 0 to 50 feet with zones below 30 feet
intermixed with shell and/or shell fragments. Groundwater is expected mimic
tidal fluctuations of the Intracoastal Waterway (ICWW).
Planned Construction
Item Description
Information Provided Google Earth aerial photograph with marked up boring locations
Project Description
The project consists of replacement of 250 lineal feet of existing bulkhead.
The bulkhead provides grade separation from the residential finger canal
which extends from the Intracoastal Waterway (ICWW). The new bulkhead
will consist of concrete panels with concrete king piles anchored by either
concrete Deadmen or helical piles. The depth of the new bulkhead wall will be
determined based on the results of this proposed subsurface exploration.
Proposal for Geotechnical Engineering Services
Lakeside Park Bulkhead Replacement ■ North Palm Beach, Florida
November 27, 2019 ■ Terracon Proposal No. PHB195053
Responsive ■Resourceful ■Reliable EXHIBIT B – SCOPE OF SERVICES 1 of 3
EXHIBIT B - SCOPE OF SERVICES
Our proposed Scope of Services consists of field exploration, laboratory testing, and
engineering/project delivery. These services are described in the following sections.
Field Exploration
The field exploration program consists of the following:
Number of
Tests Test Method Planned Depth (feet)1 Planned Location
4 Standard Penetration Test
(SPT)50 Planned building areas
1.Below ground surface.
Boring Layout and Elevations: We will use handheld GPS equipment to locate borings with an
estimated horizontal accuracy of +/-20 feet or field measurements from existing site features. If
available, approximate ground surface elevations will be obtained by interpolation from a site
specific, surveyed topographic map.
Subsurface Exploration Procedures: We will advance soil borings with a truck-mounted drill rig
using the Standard Penetration Test (SPT) method. Samples will be obtained continuously in the
upper 10 feet of each boring and at intervals of 5 feet thereafter. In the SPT sampling procedure,
a standard 2-inch outer diameter split barrel sampling spoon is driven into the ground by a 140-
pound automatic hammer falling a distance of 30 inches. The number of blows required to advance
the sampling spoon the middle 12 inches of a 24-inch penetration or the last 12 inches of an 18-inch
penetration is recorded as the Standard Penetration Test (SPT) resistance value. The SPT
resistance values, also referred to as N-values, are indicated on the boring logs at the test depths.
The samples will be placed in appropriate containers, taken to our soil laboratory for testing, and
classified by a geotechnical engineer. In addition, we will observe and record groundwater levels
during drilling and sampling.
Our exploration team will prepare field boring logs as part of standard drilling operations including
sampling depths, penetration distances, and other relevant sampling information. Field logs include
visual classifications of materials encountered during drilling, and our interpretation of subsurface
conditions between samples. Final boring logs, prepared from field logs, represent the
geotechnical engineer's interpretation, and include modifications based on observations and
laboratory tests.
Property Disturbance: We will backfill borings with grout after completion. Our services do not
include repair of the site beyond backfilling our boreholes and patching existing pavements.
Excess auger cuttings are dispersed in the general vicinity of the borehole.
Proposal for Geotechnical Engineering Services
Lakeside Park Bulkhead Replacement ■ North Palm Beach, Florida
November 27, 2019 ■ Terracon Proposal No. PHB195053
Responsive ■Resourceful ■Reliable EXHIBIT B – SCOPE OF SERVICES 2 of 3
Laboratory Testing
The project engineer will review field data and assign laboratory tests to understand the
engineering properties of various soil strata. Exact types and number of tests cannot be defined
until completion of field work. The anticipated laboratory testing may include the following:
■Moisture (water) content
■Fines content (percent passing the U.S. No. 200 Sieve)
Our laboratory testing program includes examination of soil samples by an engineer. Based on
the material’s texture and plasticity, we will describe and classify soil samples in accordance with
the Unified Soil Classification System (USCS). Laboratory tests are performed in general
accordance with ASTM standards.
Safety
Terracon is not aware of environmental concerns at this project site that would create health or
safety hazards associated with our exploration program; thus, our Scope considers standard
OSHA Level D Personal Protection Equipment (PPE) appropriate. Our Scope of Services does
not include environmental site assessment services, but identification of unusual or unnatural
materials encountered while drilling will be noted on our logs and discussed in our report.
Exploration efforts require borings (and possibly excavations) into the subsurface, therefore
Terracon complies with local regulations to request utility location through Sunshine State One
Call of Florida (SSOCOF). We consult with the owner/client regarding potential utilities, or other
unmarked underground hazards. Based upon the results of this consultation, we consider the
need for alternative subsurface exploration methods, as the safety of our field crew is a priority.
Private utilities should be marked by the owner/client prior to commencement of field exploration.
Terracon will not be responsible for damage to private utilities not disclosed to us. If the
owner/client is unable to accurately locate private utilities, Terracon can assist the owner/client
by coordinating or subcontracting with a private utility locating services. Fees associated with the
additional services are not included in our current Scope of Services and will be forwarded to our
client for approval prior to initiating. The detection of underground utilities is dependent upon the
composition and construction of the utility line; some utilities are comprised of non-electrically
conductive materials and may not be readily detected. The use of a private utility locate service
would not relieve the owner of their responsibilities in identifying private underground utilities.
Site Access: Terracon must be granted access to the site by the property owner. By acceptance
of this proposal, without information to the contrary, we consider this as authorization to access
the property for conducting field exploration in accordance with the Scope of Services.
Proposal for Geotechnical Engineering Services
Lakeside Park Bulkhead Replacement ■ North Palm Beach, Florida
November 27, 2019 ■ Terracon Proposal No. PHB195053
Responsive ■Resourceful ■Reliable EXHIBIT B – SCOPE OF SERVICES 3 of 3
Engineering and Project Delivery
Results of our field and laboratory programs will be evaluated by a professional engineer. The
engineer will develop a geotechnical site characterization, perform the engineering calculations
necessary to evaluate foundation alternatives, and develop appropriate geotechnical engineering
design criteria for earth-related phases of the project.
Your project will be delivered using our GeoReport® system. Upon initiation, we provide you and
your design team the necessary link and password to access the website (if not previously
registered). Each project includes a calendar to track the schedule, an interactive site map, a
listing of team members, access to the project documents as they are uploaded to the site, and a
collaboration portal. The typical delivery process includes the following:
■Project Planning – Proposal information, schedule and anticipated exploration plan will
be posted for review and verification
■Site Characterization – Findings of the site exploration
■Geotechnical Engineering – Recommendations and geotechnical engineering report
When utilized, our collaboration portal documents communication, eliminating the need for long
email threads. This collaborative effort allows prompt evaluation and discussion of options related
to the design and associated benefits and risks of each option. With the ability to inform all parties
as the work progresses, decisions and consensus can be reached faster. In some cases, only
minimal uploads and collaboration will be required, because options for design and construction
are limited or unnecessary. This is typically the case for uncomplicated projects with no anomalies
found at the site.
When services are complete, we upload a printable version of our completed geotechnical
engineering report, including the professional engineer’s seal and signature, which documents
our services. Previous submittals, collaboration and the report are maintained in our system. This
allows future reference and integration into subsequent aspects of our services as the project
goes through final design and construction.
The geotechnical engineering report will provide the following:
■Site Location and Exploration Plans
■Subsurface exploration procedures
■Description of subsurface conditions
■Stratification based on visual soil classification
■Boring logs with field and laboratory data
■Groundwater levels observed during drilling
■Lateral earth pressure recommendations
Proposal for Geotechnical Engineering Services
Lakeside Park Bulkhead Replacement ■ North Palm Beach, Florida
November 27, 2019 ■ Terracon Proposal No. PHB195053
Responsive ■Resourceful ■Reliable EXHIBIT C – COMPENSATION AND PROJECT SCHEDULE 1 of 2
EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE
Compensation
Based upon our understanding of the site, the project as summarized in Exhibit A, and our planned
Scope of Services outlined in Exhibit B, our base fee is shown in the following table:
Task Lump Sum Fee
Subsurface Exploration, Laboratory Testing, Geotechnical Consulting & Reporting $8,500
Additional services not part of the base fee include the following:
Additional Services (see Exhibit B)Lump Sum Fee Initial for
Authorization
Private Utility Locate $1,000
1.If the owner/client is unable to accurately locate private utilities, we can subcontract a private utility locating
firm and/or utilize geophysical equipment, if necessary. The detection of underground utilities is dependent
upon the composition and construction of utility lines. Some utilities are comprised of non-electrically
conductive materials and may not be readily detected. The use of a private locate service does not relieve
the owner of their responsibilities in identifying private underground utilities.
Our Scope of Services does not include services associated with site clearing, wet ground
conditions, tree or shrub clearing, or repair of/damage to existing landscape. If such services are
desired by the owner/client, we should be notified so we can adjust our Scope of Services.
Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning
of this proposal. If conditions are encountered that require Scope of Services revisions and/or
result in higher fees, we will contact you for approval, prior to initiating services. A supplemental
proposal stating the modified Scope of Services as well as its effect on our fee will be prepared.
We will not proceed without your authorization.
Proposal for Geotechnical Engineering Services
Lakeside Park Bulkhead Replacement ■ North Palm Beach, Florida
November 27, 2019 ■ Terracon Proposal No. PHB195053
Responsive ■Resourceful ■Reliable EXHIBIT C – COMPENSATION AND PROJECT SCHEDULE 2 of 2
Project Schedule
We developed a schedule to complete the Scope of Services based upon our existing availability
and understanding of your project schedule. However, this does not account for delays in field
exploration beyond our control, such as weather conditions, permit delays, or lack of permission
to access the boring locations. In the event the schedule provided is inconsistent with your needs,
please contact us so we may consider alternatives.
GeoReport® Delivery Posting Date from Notice to Proceed 1, 2
Project Planning, Mobilization 1 week
Site Characterization 2 weeks
Geotechnical Engineering, Reporting 3 weeks
1.Upon receipt of your notice to proceed we will activate the schedule component of our GeoReport® website
with specific, anticipated calendar days for the three delivery points noted above as well as other pertinent
events such as field exploration crews on-site, etc.
2.We will maintain a current calendar of activities within our GeoReport®website. In the event of a need to
modify the schedule, the schedule will be updated to maintain a current awareness of our plans for delivery.
EXHIBIT D – SITE LOCATION
Lakeside Park Bulkhead Replacement ■ North Palm Beach, Florida
November 27, 2019 ■ Terracon Proposal No. PHB195053
Note to Preparer: This is a large table with outside borders. Just click inside the table
above this text box, then paste your GIS Toolbox image.
When paragraph markers are turned on you may notice a line of hidden text above and
outside the table – please leave that alone. Limit editing to inside the table.
The line at the bottom about the general location is a separate table line. You can edit
it as desired, but try to keep to a single line of text to avoid reformatting the page.
EXHIBIT D PORTRAI T
DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS
EXHIBIT E – ANTICIPATED EXPLORATION PLAN
Lakeside Park Bulkhead Replacement ■ North Palm Beach, Florida
November 27, 2019 ■ Terracon Proposal No. PHB195053
Note to Preparer: This is a large table with outside borders. Just click inside the table
above this text box, then paste your GIS Toolbox image.
When paragraph markers are turned on you may notice a line of hidden text above and
outside the table – please leave that alone. Limit editing to inside the table.
The line at the bottom about the general location is a separate table line. You can edit
it as desired, but try to keep to a single line of text to avoid reformatting the page.
EXHIBIT E LANDSCAPE
DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS
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This item has been electronically signed and sealed by Charles Curry Isiminger,
P.E. on 12/07/2017 using a Digital Signature.
Printed copies of this document are not considered signed and sealed and the
signature must be verified on any electronic copies.
Lakeside Park Photo Exhibit
North Seawall: North/Seawall Section (Spalling of Cap, T-Pile, and Panels)
North Seawall: North/South Section (Soil Loss Behind Wall)
Lakeside Park Photo Exhibit
North Seawall: North/South Section (Spalling of Cap, T-Pile, and Panels)
North Seawall: East/West Section (Spalling of Cap and T-Pile)
Lakeside Park Photo Exhibit
North Groin Looking South
North Groin Looking Southeast
Lakeside Park Photo Exhibit
North Groin Looking East
Looking North at North Seawall and Groin
Lakeside Park Photo Exhibit
Looking South from North End
Erosion on North Beach
Lakeside Park Photo Exhibit
Erosion Under Sea Grapes on North Beach
Sea Grapes on North Beach
Lakeside Park Photo Exhibit
South Seawall: Northern East/West section (Rock and debris at west end)
Erosion Under Sea Grapes on North Beach
At North End of Dune Looking North
Lakeside Park Photo Exhibit
At North End of Top of Dune Looking South
At North End of Dune Looking South
Lakeside Park Photo Exhibit
Small Washout on Dune Viewed from Above
Small Washout on Dune Viewed from Above
Lakeside Park Photo Exhibit
Eroded Dune at North Walkover Stairs
Eroded Dune at North Walkover Stairs
Lakeside Park Photo Exhibit
Eroded Dune with Exposed Debris
Eroded Dune with Exposed Debris
Lakeside Park Photo Exhibit
Eroded Dune with Exposed Debris
Eroded Dune with Exposed Debris
Lakeside Park Photo Exhibit
Eroded Dune with Exposed Debris
Eroded Dune at South Walkover Stairs
Lakeside Park Photo Exhibit
Eroded Dune at South Walkover Stairs
Eroded Dune at South Walkover Stairs
Lakeside Park Photo Exhibit
Eroded Dune with Exposed Debris
Eroded Dune with Exposed Debris
Lakeside Park Photo Exhibit
Looking South at South Seawall
Looking North from North of South Seawall
Lakeside Park Photo Exhibit
South Seawall: Northern East/West Section (Rock and Debris at West End)
South Seawall: Northern East/West Section (Looking West)
Lakeside Park Photo Exhibit
South Seawall: Northern East/West Section (Cracking of T-Pile and Cap, Replacement Anchor
Rod Exposed End)
South Groin (Looking East)
Lakeside Park Photo Exhibit
South Seawall: Looking North at South Groin
South Seawall: North/South Section (Looking North)
Lakeside Park Photo Exhibit
South Seawall: North/South Section (Cracking and Chipping)
South Seawall: North/South Section
Lakeside Park Photo Exhibit
South Seawall: Southern East/West Section (Longitudinal Cracking on Face of New Wider Cap)
South Seawall: Southern East/West Section (Newer Wider Cap)
Lakeside Park Photo Exhibit
South Seawall: Southern East/West Section (Typical Chipping/Cracking of Seawall Cap)
South Seawall: Southern East/West Section (Replacement Anchor Exposed End)
Lakeside Park Photo Exhibit
South Seawall: Southern East/West Section Looking West (Showing Slight Bow in Seawall Cap)
Lakeside Park Photo Exhibit
Comparison Between November 2017 & December 2017
11/03/2017
Looking North at North Beach
12/05/2017
Looking North at North Beach
Lakeside Park Photo Exhibit
Comparison Between November 2017 & December 2017
11/03/2017
North Stairs
12/05/2017
North Stairs
Lakeside Park Photo Exhibit
Comparison Between November 2017 & December 2017
11/03/2017
South Stairs
12/05/2017
South Stairs
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Steven J. Hallock, Director of Public Works
DATE: January 23, 2020
SUBJECT: RESOLUTION – Awarding a contract with D.S. Eakins Construction Corporation in
the amount of $87,543 for stormwater repairs on Country Club Drive, Dory Road
South, Doolen Court and Ebbtide Drive.
The following stormwater collection system failures have been brought to our attention by residents and
Village Administration is recommending approval of proposals from D.S. Eakins Construction
Corporation to affect repair.
1033 Country Club Drive – This is the vacant lot where a new home is planned to be
constructed. The pipe joint near the seawall is failed and several temporary repairs have been
made. Village Administration met with the property owners and they agreed to pay for televising
the pipe and sharing the video with the Village. They would like it repaired before starting the
construction of their new home so the Village does not come in after the fact and tear up all their
new construction. We have also received concerns from neighbors that small pets and/or
children can fall in the hole when the temporary repairs fail.
101 Dory Road South - Similar to Pepperwood Circle South where the residents had concerns
with their driveways collapsing. The Village paid to televise the pipe and have made several
temporary repairs. The pipe condition is okay so only three (3) collars need to be installed to
permanently repair the stormwater pipe for the long term.
131 Doolen Court – After the residents brought in photographs of the stormwater outfall, there
was no need to pay to televise the pipe. The photographs clearly show the joint broken and
separated. This stormwater outfall services Lake Colony so a large group of residents are
impacted.
131 Ebbtide Drive – The pipe joint near the seawall is failed and a temporary repair has been
made. Village Administration met with the property owners and they noted they are in the
process of replacing their seawall. They would like the stormwater outfall repaired before
starting the construction of their new seawall so the Village does not come in after the fact and
tear up all their new construction.
These are unbudgeted projects since we are waiting for the Stormwater Management Study to be
completed. Village Council approved a contract with Hazen & Sawyer, P.C. to complete the Study on
October 10, 2019 (Resolution 2019-114) and it is in progress. If funding is approved for stormwater
infrastructure, the top priority will be to clean and televise the entire stormwater collection system. This
will allow the Village to prioritize and plan for stormwater projects rather than react when residents bring
them to our attention.
Village Administration is recommending using Infrastructure Surtax dollars for these projects. The
existing $80,000 fund balance will be utilized along with savings due to other projects expected to come
in on or under budget to absorb the cost. The Infrastructure Surtax Committee recommended to Village
Council on September 12, 2019 to use any fund balance to increase the Street Project CIP and Village
Council agreed. However, when these stormwater repair projects came to light, the Infrastructure
Surtax Committee met again on January 14, 2020 to discuss reprioritization of dollars to fund the
stormwater repair projects and return the Street Project CIP to the originally proposed $300,000
budget. They are recommending this course of action to Village Council at this time.
Based on the foregoing, Village Administration requested and reviewed proposals from D.S. Eakins
Construction Corporation utilizing the City of Palm Beach Gardens Agreement No. ITB2014-031PW.
D.S. Eakins has significant experience with this type of work and has performed very well for the Village
in the past. The Palm Beach Gardens Agreement is currently in effect and was recently amended to
provide for a new expiration date of January 31, 2021. However, the Agreement was awarded on
January 8, 2015 and it is more than eighteen months old. This contract is their most recent contract
with a state or local government.
The Village’s purchasing policies and procedures authorize concurrent competitive purchasing on other
state and local government contracts where the contract is both active and no older than eighteen (18)
months from the date of the requested purchase. To secure competitive pricing and move fo rward with
the stormwater projects, Village Administration is requesting a waiver of the eighteen (18) month
requirement. This benefits the Village because an older, large scale contract ($10,000,000) will have
better pricing than a new, small scale contract such as these stormwater projects due to economy of
scale and no increases in construction costs over the years.
The attached Resolution has been prepared/reviewed by your Village Attorney for legal sufficiency.
Account Information:
Fund Department Account
Number Account Description Amount
Infrastructure
Surtax Fund
Public Works/Streets &
Grounds I7321-66210 Construction & Major
Renovation $87,543
Recommendation:
Village Administration requests Council consideration and approval of the attached Resolution
approving a contract with D.S. Eakins Construction Corporation in the amount of $87,543 for
stormwater repairs on Country Club Drive, Dory Road South, Doolen Court and Ebbtide Drive
pursuant to pricing established in an existing Agreement with the City of Palm Beach Gardens,
with funds expended from Account No. I7321-66210 (Public Works/Streets & Grounds -
Construction & Major Renovation) and authorizing the Mayor and Village Clerk to execute the
Contract in accordance with Village policies and procedures.
RESOLUTION 2020-_____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO D.S.
EAKINS CONSTRUCTION CORP. FOR STORMWATER REPAIRS ON
COUNTRY CLUB DRIVE, DORY ROAD SOUTH, DOOLEN COURT AND
EBBTIDE DRIVE PURSUANT TO PRICING ESTABLISHED IN AN
AGREEMENT FOR MISCELLANEOUS PUBLIC WORKS PROJECTS WITH
THE CITY OF PALM BEACH GARDENS AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE
VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village is in need of contractor to perform stormwater repairs on Country Club
Drive, Dory Road South, Doolen Court and Ebbtide Drive; and
WHEREAS, Village Staff recommends that a Contract be awarded to D.S. Eakins Construction Corp.
pursuant to pricing established in an existing Agreement for Miscellaneous Public Works Project s
(ITB2014-031PW) with the City of Palm Beach Gardens; and
WHEREAS, the Village Council waives any conflicting purchasing policies and procedures and
determines that the adoption of this Resolution is in the best interests of the citizens and residents of
the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Contract with D.S. Eakins Construction Corp.
for stormwater repairs on Country Club Drive, Dory Road South, Doolen Court and Ebbtide Drive
pursuant to pricing established in an existing Agreement for Miscellaneous Public Works Projects
(ITB2014-031PW) with the City of Palm Beach Gardens and authorizes the Mayor and Village Clerk
to execute the Contract on behalf of the Village, a copy of which is attached hereto and incorporated
herein. The total cost of this Contract shall not exceed $87,543.00, with funds expended from
Account No. I7321-66210 (Public Works/Streets & Grounds - Construction & Major Renovation).
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 5
CONTRACT
This Contract is made as of this _______ day of ______________, 2020, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida
33408, a Florida municipal corporation (hereinafter “VILLAGE”), and D.S. EAKINS
CONSTRUCTION CORP., P.O. Box 530185, Lake Park, Florida 33403, a Florida corporation
(hereinafter “CONTRACTOR”), whose F.E.I. Number is 59-1691997.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor to effectuate stormwater repairs on Country
Club Drive, Dory Road South, Doolen Court and Ebbtide Drive; and
WHEREAS, the City of Palm Beach Gardens, through its competitive selection process, awarded
an Agreement for Miscellaneous Public Works Projects (ITB2014-031PW) (“PBG Contract”) to
CONTRACTOR; and
WHEREAS, the VILLAGE requested that the CONTRACTOR provide the requested services
based on the pricing established in the PBG Contract; and
WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE
desires to retain CONTRACTOR’s services by “piggy-backing” the PBG Contract, including all
terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are
fully incorporated herein by reference.
2. PBG Contract. The City of Palm Beach Gardens’ Agreement for Miscellaneous Public
Works Projects (ITB2014-031PW) (“PBG Contract”) with CONTRACTOR, attached hereto as
Exhibit “A,” is incorporated herein by reference.
3. CONTRACTOR’s Services and Time of Completion.
A. In accordance with the terms and conditions of the PBG Contract and at the direction of
the VILLAGE, CONTRACTOR shall perform the stormwater repairs in accordance with its
Proposals, copies of which are attached hereto as Exhibit “B” and incorporated herein by reference.
B. The total cost of such services shall not exceed $87,543.00.
C. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the
VILLAGE to CONTRACTOR to proceed.
4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
Page 2 of 5
A. This Contract
B. Exhibit “A” (PBG Contract)
C. Exhibit “B” (CONTRACTOR’s Proposals)
5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under
this Contract shall not exceed the amount of compensation stated in Section 3(B) above without
prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE
for review and approval by the VILLAGE’s representative, indicating that goods and services have
been provided and rendered in conformity with this Contract, and they then will be sent to the
Finance Department for payment. Invoices will normally be paid within thirty (30) days following
the VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental
damages for claims, disputes or other matters in question arising out of or relating to this Contract.
In order for both parties herein to close their books and records, CONTRACTOR will clearly state
“final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all
goods and services have been properly performed and all charges have been invoiced to the
VILLAGE. Since this account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be
liable for any invoice from CONTRACTOR submitted thirty (30) days after the provis ion of all
goods and services.
6. Period and Renewals. This Contract shall be for the term as indicated in the PBG Contract.
Extensions or renewals to the PBG Contract or any modification including new products, terms,
or price changes to the PBG Contract shall be submitted by CONTRACTOR to the VILLAGE for
approval. In the event the PBG Contract expires and no new contract is let by the PBG, VILLAGE
reserves the right, upon written agreement with CONTRACTOR to renew this Contract under the
same terms and conditions for an additional period of one (1) year.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under the PBG Contract, with the VILLAGE named as an additional insured.
8. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising out
of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract,
including, but not limited to, those caused by or arising out of any act, omission, negligence or
default of CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall
survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
Page 3 of 5
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver p rovided in §
768.28, Florida Statutes.
9. Compliance with all Laws, Regulations and Ordinances. In performing the services
contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and
comply with all applicable federal, state and local laws, regulations and ordinances, including, but
by no means limited to, all requirements of the Village Code and the Florida Building Code.
10. Warranty/Guaranty. Unless a longer period is stated in the PBG Contract,
CONTRACTOR warrants that its goods and services provided under this Contract will be free of
defects in materials and workmanship for a period of one (1) year following delivery and
completion of those goods and services.
11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing services pursuant to this Contract for at
least five (5) years after termination of this Contract. The V ILLAGE shall have access to such
books, records, and documents as required in this section for the purpose of inspection or audit
during normal business hours, at CONTRACTOR’s place of business. Under no circumstances
will CONTRACTOR be required to disclose any confidential or proprietary information regarding
its products and service costs.
12. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every such remedy
shall be cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover
reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as
court awarded costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such party
or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract,
or the application of such terms or provision, to persons or circumstances other than those as to
Page 4 of 5
which it is held invalid or unenforceable, shall not be affected, and every other term and provision
of this Contract shall be deemed valid and enforceable to the extent permitted by law.
E. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire
agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Contract may be
added to, modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto. Any provision of this Contract which is of a continuing nature or imposes an
obligation which extends beyond the term of this Contract shall survive its expiration or earlier
termination.
G. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY
ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public requires required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Contract term and following completion of the Contract if the CONTRACTOR does
not transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records
in possession of CONTRACTOR or keep and maintain public records required by the
VILLAGE to perform the services. If CONTRACTOR transfers all public records to the
VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of
the Contract, CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the VILLAGE, upon request
from the VILLAGE’s custodian of public records, in a format that is compatible with the
information technology systems of the VILLAGE.
Page 5 of 5
H. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority
to investigate and audit matters relating to the negotiation and performance of this Contract, and
in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and
its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies
and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully
cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a
material breach of the Contract justifying termination.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
D.S. EAKINS CONSTRUCTION CORP.
By:
Print Name:__________________________
Position:_____________________________
VILLAGE OF NORTH PALM BEACH
By: ________________________________
DARRYL C. AUBREY
MAYOR
ATTEST:
BY:________________________________
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Steven J. Hallock, Director of Public Works
DATE: January 23, 2020
SUBJECT: RESOLUTION – Approval of emergency repairs to the Library roof mansard by
Commercial Roof Maintenance Systems, LLC at a total cost of $32,812.78.
Water was discovered trapped around the Library roof mansard causing concern over water intrusion and
mold growth in the building. To avoid additional damage and possible mold exposure to employees and
patrons, Staff considered it an emergency repair and contacted Commercial Roof Maintenance Systems to
provide a repair proposal with the understanding they must start work immediately. The repair proposal was
not a lump sum and was based on man hours plus materials since there was no way of knowing the project
scope until the roof was opened up. At that time, Staff expected the cost not to exceed $25,000. Per the
Village’s Purchasing Policy: “Emergency purchases of more than $2,500 and up to $25,000, mark invoice
“EMERGENCY PURCHASE”, and contact the Village Manager for approval, subject to confirmation by the
Village Council.”
The Library roof sealing was completed on January 11, 2020, and on January 13, 2020, Staff received an
invoice from Commercial Roof Maintenance Systems in the amount of $30,712.78 to complete the sealing.
Per the Village’s Purchasing Policy: “Emergency purchases over $25,000 are not to be made without the
approval of the Village Council.” The attached Resolution provides Village Council approval.
To complete the repair project, the contractor provided a lump sum proposal of $2,100 to install new tile to
replace the tiles that could not be reused. The tile was delivered and installed the week of January 13, 2020,
and the project is now complete at a total cost of $32,812.78.
The warranty company and insurance company have been notified and Staff is investigating reimbursement.
Staff may also seek reimbursement from the original installer, Meade Construction, Inc., due to concerns over
the original installation.
The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency.
Account Information:
Fund Department Account Description Amount
General Fund Public Works/
Facilities A5519-34620 R&M Building & Grounds $32,812.78
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution approving
emergency repairs to the Library roof mansard by Commercial Roof Maintenance Systems, LLC
at a total cost of $32,812.78, with funds expended from Account No. A5519-34620 (Public Works
– R & M Building & Grounds), in accordance with Village policies and procedures.
RESOLUTION 2020-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AND RATIFYING
EMERGENCY REPAIRS TO THE VILLAGE LIBRARY ROOF MANSARD BY
COMMERCIAL ROOF MAINTENANCE SYSTEMS, LLC; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff discovered water trapped around the Village Library roof mansard,
causing concern over water intrusion and mold growth in the building; and
WHEREAS, in order to avoid additional damage and possible mold exposure to Village employees
and Library patrons, the Village retained Commercial Roof Maintenance Systems, LLC to
effectuate emergency repairs to the roof; and
WHEREAS, in accordance with the Village’s purchasing policies and procedures, emergency
purchases exceeding $25,000.00 require Village Council approval; and
WHEREAS, the Village Council determines that the adoption of this Resolution , including the
waiver of any conflicting purchasing policies and procedures, is in the best interests of the residents
and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing “whereas” clauses are hereby ratified and incorporated herein.
Section 2. The Village Council hereby approves and ratifies the expenditure of funds for
emergency repairs to the Village Library roof mansard by Commercial Roof Maintenance
Systems, LLC at a total cost of $32,812.78, with funds expended from Account No. A5519-34620
(Public Works/Facilities – R &M Buildings and Grounds).
Section 3. This Resolution shall take effect retroactive to January 8, 2020.
PASSED AND ADOPTED THIS _____ DAY OF ___________________, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
PHOTO DOCUMENTED ROOF EVALUATION
303 Village Hall Library
January 9, 2020
January 9, 2020 Page 2 of 18
Water trapped behind the existing membrane. The TUP peel and stick is soaked.
January 9, 2020 Page 3 of 18
Removing two layers of existing tile to exam water infiltration
January 9, 2020 Page 4 of 18
Water trapped
January 9, 2020 Page 5 of 18
Wood installed not to code fastened through the face of the wood as well as the
underlayment.
January 9, 2020 Page 6 of 18
Underlayment improperly installed
January 9, 2020 Page 7 of 18
Edge metal installed you can see the face nail and the rust of the screw and
washer from water infiltration.
January 9, 2020 Page 8 of 18
Water running behind the loose laid TPO
January 9, 2020 Page 9 of 18
Poor drainage
January 9, 2020 Page 10 of 18
January 9, 2020 Page 11 of 18
Screw installed the face of the TPO
January 9, 2020 Page 12 of 18
Underlap installed wrong causing water infiltration
January 9, 2020 Page 13 of 18
Water soaked and damaged underlayment
January 9, 2020 Page 14 of 18
Trapped water
January 9, 2020 Page 15 of 18
Corner face nailed and no tar installed
January 9, 2020 Page 16 of 18
Secure rock installed wrong
January 9, 2020 Page 17 of 18
Water soaked underlayment
January 9, 2020 Page 18 of 18
Andy Lukasik, Village Manager
Began employment March 27, 2017
Evaluation should have been conducted on anniversary in 2018 and 2019.
Next evaluation would take place in April 2020 per contract.
Management Team/Department Heads
o Rebuilt the team’s morale and trust in the manager’s office.
o Keeping Staff (and Council) informed through weekly meetings and the Weekly Update.
o Identified and selected new management team members resulting from vacancies (Steve and
Renee), retirement (Russ) and resignations (Jeremy and Allan). Also identified and hired Beth
for the new Country Club GM position and Ed for Communications.
Community Development is essentially rebuilt, stable and functioning significantly
better with changes. Significant staffing changes in Building and Planning. Kept
functioning with contractual assistance during the rebuild.
Golf selection added experience and professionalism that we were lacking. Used SF
PGA at no cost to assist with the search.
Recreation will be the next department to enhance. Since Russ’ employment, park
maintenance and capital planning have improved. Programming is increasing (soccer,
baseball, volleyball, kids’ athletics). Continue to work on staff training/development
and introducing more athletic programming.
Miscellaneous Personnel and Operational Matters
o Replaced poorly performing Supervisors. Ultimately led to changes that resulted in efficiency
improvements.
Found more efficient routing for sanitation – completing routes on time.
Lifeguards deployed to assist with pool and deck area cleaning.
o Street crew deployment changed to tackle multiple tasks as opposed to concentrating
resources on one project at a time.
o Requiring preventative maintenance checks on facilities.
o Greater monitoring of contractors (ex landscaping) to improve service delivery.
Greater use of contractors as opposed to hiring staff – avoiding replacement of an
Irrigation Tech through the use of contractors.
o Union Contracts
Complex pension analysis for PD and FR
Impasse with IAFF ultimately settled
Completed PBA and FPE contracts (new FPE contract is almost completed for Council
consideration).
o Salary compensation schedule for the organization
o Created the Health Insurance Team to solicit input from employees on health issues.
Introduced Strategic Planning process
o Prioritize current initiatives
o Prepare for issues that are on the horizon
o Communication tool for the organization and the community
Community Center
o Athletic field conditions – addressed in July 2017.
o Moved to the use of better qualified Bermuda turf maintenance company.
Anchorage Park – overcame a fragmented project and inadequate budget to repair/better maintain the
facilities and grounds
o Irrigation and grass issues. Combined well and potable water for water quality. Revamped the
irrigation system to produce enough water.
o Seawall engineering, bid and construction.
o Floating dock engineering, bid, construction and installation.
o Dog park. Repairing/repaired damaged gates and fence sections. Restoring grass. Replacing
damaged fountains and furniture.
o Budget issues – shifted infrastructure tax monies to address budget shortfalls.
o Overall, park aesthetics have been enhanced.
Citizen Engagement and Policy Development/Implementation
o Lakeside Park
Addressed the policy question related to the “residents only” suggestion
Worked with Russ and residents to establish the informal “Friends of Lakeside Park”
group. Collaborating to address resident issues: parking, security (introduced fencing,
signage and plans for additional cameras) and maintenance (dune maintenance).
o Boat/RV Ordinance
Met with Working Group in May 2017
Developed suggested changes for Council consideration and adoption
o Fence Height, Seawall issue – worked with staff to expedite analysis/recommendations on
these resident generated code issues.
o Yacht Mooring issue
Addressed code interpretation brought by residents in summer 2017
Met with residents and yacht owner to communicate Village position
Feral Cats, Iguanas, Katz/DeLuca code/shrub issues, light/noise at the club
Introduced NET concept in the summer of 2017. Still evolving, but PD focus has allowed the Village to
address potential public safety threats early on.
o House painting, yard clean ups, home demolition
US1/Prosperity Farms Road (Master Plan Initiative) Bridges
o RFQ to select design team
o Work with FDOT/PBC on project timing and scope
o Initial resident workshop to review design concepts
Budget
o Established and implemented a funded Capital Improvement Plan
Lighthouse Bridge Repairs
Sidewalk repairs (introduced saw cutting)
Cancelled the Anchorage Drive bike lane project – no funding and low priority
Resurfacing projects. Now, working on alternative methods to better prevent reflective
cracking.
Earman Pump Station repairs.
Stormwater repairs (ex Pepperwood)
Public safety and public works vehicle replacements
o Established the Infrastructure Surtax Committee
o General Fund – maintained expenditures within budgeted limits. Began replenishment of fund
balance at the end of the last fiscal year. Audit Committee Chair commented on the quality of
the FY2019-20 budget.
Country Club Clubhouse
o Surplus equipment sale
o Restaurant selection process (RFQ/networking) following Luger Steakhouse issue (July 2017)
o Redesign of clubhouse following restaurant decision.
o Selection of Gaudet for the team (May 2017)
o Budget issues. CM at Risk from hard bid. Weitz selection (January 2018)
o Farewell event on April 28, 2018
o Restaurant Interviews with Council in May 2018 – The Bistro
o Demolition of building in June 2018. Construction began in earnest in August 2018
o Broker meeting – for FT – in November 2018
o Tennis issues
Golf Course
o Initiated restoration in April 2018. Casey left in July 2018.
o Opened in late January 2018 (range opened in mid-January).
Code Rewrite – Master Plan initiative
o Zoning in progress in May 2017
o Dover Kohl selection (November 2017)
o Initial workshops in April 2018
o Hearings will begin in February/March 2020
o Coordination with Lake Park on Twin City Mall site
US1 Lane Repurposing – Master Plan initiative
o TCRPC contract to assist with evaluation
o Completed traffic analysis
o Established and convened committee to assist with community outreach
o Delayed public policy discussion until end of 2020.
Stormwater Fee – Master Plan initiative
o Hazen Sawyer selection
o Initial study being completed
Hurricane Preparation.
o Irma - 2017
o Dorian - 2019
1 | P a g e Village Manager Performance Evaluation (Revised 01/07/20)
VILLAGE OF NORTH PALM BEACH
PERFORMANCE EVALUATION
VILLAGE MANAGER
NAME (LAST, FIRST, MI)
TOTAL POINTS
EVALUATION PERIOD: TO: DATE OF REVIEW:
Instructions: Award the score which most closely matches the performance demonstrated by the Village Manager
during the evaluation period. A comments section has also been provided to allow for specific feedback or
justification.
1. BUDGET AND COST CONTROL
Achieves the financial objectives stated in the annual budget.
Performance criteria:
Thorough and effective preparation/management of the budget.
Controlling operational and capital costs through adequate budgetary measures and the judicious/economical
utilization of manpower, material(s) and equipment.
Developing and administering the process of budget preparation and review, which meets the requirements of the
Village Charter, and expectations of the Council in its decision -making role.
Providing the Council with timely and sufficient reports on the financial status of the Village government in
accordance with the Charter and requirements of the Council.
Performance needs
immediate improvement (0)
Below average performance
(1)
Average performance (2)
Meets expectations (3)
Exceptional (4)
Add supporting comments if appropriate:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
2. IMPROVEMENT OF VILLAGE OPERATIONS
Increases productivity and/or service delivery through process improvement, technology application
and/or other creative alternative.
Performance criteria:
Analyzing organizational problems or issues and identifying causes, reasons, implications, and solutions
employing all available technologies, resources, systems and methods.
Facilities are well-maintained and attractive.
Remaining open to new ideas and suggestions for change.
Performance needs
immediate improvement (0)
Below average performance
(1)
Average performance (2)
Meets expectations (3)
Exceptional (4)
Add supporting comments if appropriate:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
3. STAFF DEVELOPMENT, SUPERVISION AND LEADERSHIP
Builds a strong team of staff members who support one another to achieve specific goals and improve
overall performance through personnel development and growth.
Performance criteria:
Making sound personnel selection and placement decisions.
Motivating and developing personnel through leadership and training so that they are increasingly effective in the
performance of their duties, in achieving common goals and objectives and in nurturing an attitude of courtesy,
helpfulness and sensitivity to the public.
Treating all Village personnel in a fair and equitable manner and taking disciplinary action when appropriate.
Effectively communicating with Village employees.
Create appropriate courses of action and achieves goals set by Council.
Directs/develops effective team of staff members, encouraging decision-making, instilling confidence and
emphasizing support.
Performance needs
immediate improvement (0)
Below average performance
(1)
Average performance (2)
Meets expectations (3)
Exceptional (4)
2 | P a g e Village Manager Performance Evaluation (Revised 01/07/20)
Add supporting comments if appropriate:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
4. CITIZEN ENGAGEMENT
Addresses citizens’ issues and concerns quickly, effectively and courteously. Involving citizens in the
strategic direction of the Village and keeping the citizens informed on the issues/opportunities/actions .
Performance criteria:
Handling of disputes or complaints involving citizens in an effective, equitable and timely manner.
Demonstrating sensitivity to the opinions and concerns of others in and outside the organization.
Remaining available and visible to the residents of North Palm Beach in an appropriate manner.
Presenting Council policies and positions on issues to the citizens and Village organization accurately, equitably
and effectively.
Acknowledging Council's role in the establishment of policy.
Effectively communicating with Village residents.
Performance needs
immediate improvement (0)
Below average performance
(1)
Average performance (2)
Meets expectations (3)
Exceptional (4)
Add supporting comments if appropriate:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
5. RELATIONSHIP WITH VILLAGE COUNCILMEMBERS
Places emphasis on the importance of teamwork and leadership in the relationship with the
organization.
Performance criteria:
Keeping the Council informed in an appropriate and timely manner regarding matters critical to the Council’s
policy making role.
Providing information on an equal basis to all Council members.
Anticipating and following-up promptly on Council requests for information or action.
Remaining available to Council on official business either personally or through designated subordinates.
Reporting departmental and staff activities to the Council in an appropriate and timely manner.
Advising the Council of relevant legislation and developments in the area of public policy affecting the Village
of North Palm Beach.
Performance needs
immediate improvement (0)
Below average performance
(1)
Average performance (2)
Meets expectations (3)
Exceptional (4)
Add supporting comments if appropriate:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
6. INTERGOVERNMENTAL RELATIONS
Builds relationships with other municipalities, local agencies, and other governmental organizations.
Performance criteria:
Dealing effectively with other governmental agencies at all levels in representing the Village of North Palm
Beach.
Developing and administering cooperative agreements and contracts when appropriate.
Staying abreast of issues, concerns and trends affecting local municipalities.
Performance needs
immediate improvement (0)
Below average performance
(1)
Average performance (2)
Meets expectations (3)
Exceptional (4)
Add supporting comments if appropriate:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
3 | P a g e Village Manager Performance Evaluation (Revised 01/07/20)
7. JOB COMPETENCY
Demonstrates the requisite knowledge, skills, creativity, orientation and drive to successfully perform
job responsibilities.
Performance criteria:
Executing the policies adopted by the Council in a timely and appropriate fashion.
Communicating effectively, clearly, easily and to the point.
Anticipating, planning and prioritizing future needs and programs while recognizing the potential problems
confronting the Village.
Having a comprehensive understanding of the problems and issues existing in the Village of North Palm Beach.
Making Council aware of all available alternatives before making a recommendation to Council.
Adapting to and dealing effectively with unanticipated conditions and situations.
Performance needs
immediate improvement (0)
Below average performance
(1)
Average performance (2)
Meets expectations (3)
Exceptional (4)
Add supporting comments if appropriate:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
8. DEVELOPMENT AND ACHIEVEMENT OF STRATEGIC GOALS
Progresses toward long-term strategic goals with emphasis on enhancement of quality of life and
financial sustainability.
Performance criteria:
Planning and execution of the short and long-term goals and objectives set forth in the Village’s Mission
Statement
Maintaining organizational priorities in a manner reflective of the Village’s stated mission and goals.
Performance needs
immediate improvement (0)
Below average performance
(1)
Average performance (2)
Meets expectations (3)
Exceptional (4)
Add supporting comments if appropriate:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
________________________________________ ______________________________
Signature: Date:
Village of North Palm Beach
North Palm Beach Bridges
January 23, 2020
The NPB Bridges Streetscapes
Village of North Palm Beach
The Citizen’s
Master Plan
October 2016
Prosperity Farms
Road Bridge
US One Bridge
Earman River
The NPB Bridge Streetscapes
Village of North Palm Beach
The Bridges
Bridges as Pedestrian Assets
Village of North Palm Beach
The Bridges
Bridges as Community Assets
Village of North Palm Beach
Prosperity Farms Road
The Citizen’s
Master Plan
October 2016
Village of North Palm Beach
Prosperity Farms Road
The Citizen’s Master Plan
October 2016
Key Recommendations:
3. Improve Prosperity Farms Road
a. Create a signature design feature on the bridge
Village of North Palm Beach
Bridges as
Pedestrian
Assets
Prosperity Farms Road
Village of North Palm Beach
Prosperity Farms Road
Existing Conditions
Village of North Palm Beach
Prosperity Farms Road
Existing Conditions
Looking East
Village of North Palm Beach
Prosperity Farms Road
Existing Conditions
Looking West
Village of North Palm Beach
Prosperity Farms Road
Master Plan/History
Village of North Palm Beach
Prosperity Farms Road
Master Plan/History
Village of North Palm Beach
Prosperity Farms Road
A
Plans
B
Village of North Palm Beach
Prosperity Farms Road
Sections
A
B
Village of North Palm Beach
Prosperity Farms Road
A
Elevations
B
Village of North Palm Beach
Prosperity Farms Road
Water Clearance
Both bridges should rise as high as possible.
Cross Section
Village of North Palm Beach
Prosperity Farms Road
Water Clearance
•Current PBC plan anticipates a 2.5 foot increase in height.
•Limiting element is the residential community on the southeast side which would need to be
regraded into the site for maximum rise. If driveway is closed, could increase height another
foot. The star indicates the location which is limiting.
Village of North Palm Beach
Prosperity Farms Road
Village Workshop
Village of North Palm Beach
Prosperity Farms Road
Workshop Results
Bringing Forward to County
GENERAL CONSENSUS
1.Provide electricity to bridge
elements/pillars;
2.Provide for future lighting under the
water;
3.Provide specialty paving in pedestrian
areas;
4.Overhead shade structure;
5.Raised median;
6.Specialty paving in vehicular use area.
OTHER TOPICS:
1.Lane width;
2.Fishing access;
3.Golf Cart access.
Village of North Palm Beach
U.S. Highway 1
The Citizen’s Master Plan
October 2016
Key Recommendations:
1. Re-Define US 1
a. Calm the corridor by pursuing a Lane Elimination to
reduce the roadway from six to four lanes
b. Beautify the corridor by re-purposing asphalt into a
new streetscape design
c. Balance mobility by designing the roadway for a
superior pedestrian and bicycle environment
2. Create a form-based code and design guidelines
d. Maximize the waterfront
Village of North Palm Beach
U.S. Highway 1
Existing Conditions
Village of North Palm Beach
U.S. Highway 1
Existing Conditions
Looking East
Village of North Palm Beach
U.S. Highway 1
Existing Conditions
Looking West
Village of North Palm Beach
U.S. Highway 1
Master Plan/History
Village of North Palm Beach
U.S. Highway 1
Master Plan/History
Village of North Palm Beach
U.S. Highway 1
Master Plan/History
Village of North Palm Beach
U.S. Highway 1
Plans
A
B
C
Village of North Palm Beach
U.S. Highway 1
Sections
A
B
C
Village of North Palm Beach
U.S. Highway 1
Elevations
A B
C
A
Village of North Palm Beach
U.S. Highway 1
Details
A
B
Village of North Palm Beach
U.S. Highway 1
Details
Village of North Palm Beach
U.S. Highway 1
Water Clearance
Limiting element is the Frigates Restaurant on the northeast side. FDOT will not work outside the
roadway. The star indicates Frigates’ location.
Village of North Palm Beach
U.S. Highway 1
Village Workshop
Village of North Palm Beach
U.S. Highway 1
Workshop Results
Bringing Forward to FDOT
GENERAL CONSENSUS
1.Symmetrical sides to the east and
west. Plan B
2.Maximize the structure within the
right-of-way
3.Maximize the pedestrian area
4.Provide metal grille median raised (i.e.
draw bridge surface); Plan B
5.Provide electricity to each pillar on the
bridge;
6.Provide specialty paving for
pedestrian areas;
7.Provide for walkway under on the
south side;
8.Provide allowance/source for
electrical to light under the bridge and
under the water in the future;
9.Provide for flanking tower structures
on the south end; (Footer?) Plan B
10.Overhead structure.
Village of North Palm Beach
Bridges
Consensus
Both bridges should rise as high as possible to allow for boat
travel & sea level rise expectations.
Village of North Palm Beach
Bridges
Question
Option: Continuous railing –no pillars
Option: Pillars with 50’ o.c. posts below
Option: Pillars at 50’ posts and an
additional 2 smaller ones in between
Option: Large pillars at the 50’ posts
with 3 smaller ones in between
Should both bridges have the same pillar composition?
Village of North Palm Beach
Prosperity Farms Road
Questions
Question: Should the railing for the two bridges match the
FDOT decorative railing of the Parker Bridge?
Village of North Palm Beach
Prosperity Farms Road
Questions
Recommendation: Have the Railing go to the bridge deck so
as to maximize visibility of the water. Agree?
Recommendation: Provide the vehicular barrier between the
Bike Lane & Pedestrians with railing on top for character.
Agree?
Village of North Palm Beach
The Bridge Railings
Other Bridge Standards
Donald Ross
Road Bridge
PGA over
Intracoastal
Indiantown
Road
PGA over
Alt. A1A
Village of North Palm Beach
The Bridge Lighting
Questions
How should Post Lighting be defined?
A.Match Parker Bridge?
B.All Individual Character per
bridge?
C.Match US 1 & Prosperity
together?
Village of North Palm Beach
The Bridge Lighting
Question
How should Post Lighting be defined?
A.Match Parker Bridge?
B.All Individual Character per
bridge?
C.Match US 1 & Prosperity
together?
Village of North Palm Beach
Prosperity Farms Road
Other Light Standards
Donald Ross
Road Bridge
Indiantown
Road
PGA over
Alt. A1A
Village of North Palm Beach
Schedule & Budget
Prosperity Farms Road:
•24 month design schedule per PBC –so, complete in calendar year 2021
•Construction in 2022.
•Village CIP --$200,000 from infrastructure surtax funds allocated in FY
2021
US1:
•Project letting by FDOT –December 2022
•Construction –begins March 2023
•Village CIP –anticipate grant funding. Working with RMPK.
Bridges
Village of North Palm Beach
Questions?
Thank You!
Village of North Palm Beach
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Beth Davis, GM
DATE: January 23, 2020
SUBJECT: DISCUSSION – Country Club Membership Options
Village staff is requesting the ability to offer additional membership programs at the country club to grow
dues revenue, increase membership count and promote the country club lifestyle and amenities to the
NPB community. Recommendations are to:
a. Offer a limited number of “introductory” golf memberships to NPB residents to introduce them to
the lifestyle and amenities of the North Palm Beach Country Club.
b. Create a combination membership of Tennis & Pool to promote health and wellness.
c. Create a Wait List deposit
Membership Options:
A. Introductory NPB Resident Golf to include one (1) designee
Fee: $ 1600
Additional designee for Golf $ 300.00
Fees do not include taxes.
Membership year runs from April 1st to March 31st
Introductory program would replace the Summer Membership program
Benefits:
1. Unlimited Golf May 1 through first weekend in November (end of daylights savings time). Member
would be responsible for any walking or riding fees.
2. Book tee times 7 days in advance extended year round
3. 15% discount on apparel in golf shop extended year round
4. Months of November thru April - golf fees discounted 15% off (resident card) published rates but can
make tee times 7 days in advance (allowing access after 4:00pm November thru April at member rate)
5. Access to pool (includes family) year round
6. Limited to residents of North Palm Beach
7. Member Driving Range discount extended year round
8. Access to member short game area
9. Member pricing on all instruction including junior clinics and golf schools
10. Eligible to play in Club Championship
11. Eligible for reciprocal play when North Palm Beach Country Club is closed
12. Ability to have second adult designee for golf for $ 300.00
13. Access to tennis courts and member pricing on all clinics / instructions year round
NOTE:
A firm cap on the number of these “New” introductory memberships is 48.
Re-Evaluate at end of Year one (1) to evaluate the Pros and Cons.
Downgrades would not be applicable.
B. Tennis & Pool Combination Membership
Available to Resident and Non-Residents
Fees do not include taxes
Membership runs from October 1 – September 30. Pro-rate 2020 due to start-date of Feb 1st.
Resident Non-Resident True Res Combined True Non-Res
Junior $179 $204 $210 $240
Single $659 $901 $775 $1060
Family $974 $1249 $1145 $1468
C. WAIT LIST - Effective – February 1, 2020
$ 250 deposit to keep name on the golf membership wait list (keeps the wait list real).
$ 250 deposit would be applied towards the membership fee when joining.
If removing name from wait list after applying $250 deposit, a gift card in that amount of $250 will be
returned that can be used towards merchandise or golf.
Account Information:
Fund Department Account
Number
Account
Description Amount
Enterprise Golf L2100-06623 Summer
Memberships $50,000
The new membership dues revenue will replace the budgeted Summer Membership allocation.
Recommendation:
Village Administration recommends Council consideration and approval of additional
membership programs for the North Palm Beach Country Club.