05-12-2022 VC REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, MAY 12, 2022
501 U.S. HIGHWAY 1 7:00 PM
Deborah Searcy David B. Norris Susan Bickel Darryl C. Aubrey Mark Mullinix
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Andrew D. Lukasik Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
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Regular Session Agenda, May 12, 2022 Page 2 of 3
ROLL CALL
INVOCATION – Denise Behr, Chaplain for North Palm Beach Police and Fire Department
PLEDGE OF ALLEGIANCE - VICE MAYOR
AWARDS AND RECOGNITION
1. Proclamation - Asian American and Pacific Islander Heritage Month
APPROVAL OF MINUTES
2. Minutes of Regular Session held April 28, 2022
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
3. 1ST READING OF ORDINANCE 2022-11 – CODE AMENDMENT – UTILITY TRAILERS PARKING
REGULATIONS Consider a motion to adopt on first reading Ordinance 2022-11 amending Article
III, "Stopping, Standing and Parking," of Chapter 18, "Motor Vehicles and Traffic," of the Village Code
of Ordinances by amending Section 18-33, "Definitions," and Section 18-34, "Parking Restricted," to
regulate the parking of utility trailers in residential zoning districts.
4. PUBLIC HEARING AND 2ND READING OF 2022-10 – CODE AMENDMENT – DEFINITION OF
DWELLING UNIT Consider a motion to adopt and enact on second reading Ordinance 2022-10
amending Article I, "In General," of Appendix C (Chapter 45) of the Village Code of Ordinances by
amending Section 45-2, "Definitions," to modify the definition of the term dwelling unit.
CONSENT AGENDA
The Consent Agenda is for the purpose of expediting 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.
5. RESOLUTION – Approving a proposal from Brightview Golf Maintenance, Inc. for the purchase and
installation of an irrigation pipe at the North Palm Beach Country Club Golf Course at a total cost of
$66,268.78, authorizing execution of the Contract and waiving the Village’s purchasing policies and
procedures.
6. RESOLUTION – Approving an Amendment to the Contract with Brightview Golf Maintenance, Inc.
for pond repair and stabilization at the North Palm Beach Country Club Golf Course to increase the
scope of the project by 250 linear feet at an additional cost of $22,469.25 bringing the total cost to
$117,554; and authorizing execution of the Amendment.
7. RESOLUTION – Approving an Agreement with Thompson Consulting Services, LLC for Disaster
Debris Management and Support Services; and authorizing execution of the Agreement.
Regular Session Agenda, May 12, 2022 Page 3 of 3
8. RESOLUTION – Approving a proposal from M & M Asphalt Maintenance, Inc. d/b/a All County Paving for the
renovation of the Osborne Park basketball court at a total cost of $29,997; authorizing execution of
the Contract and authorizing a Budget Amendment to the Recreation Grant Fund to facilitate the purchase.
9. Receive for file Minutes of the General Employees Pension Board meeting held 2/1/22.
10. Receive for file Minutes of the Police & Fire Pension Board meeting held 2/8/22.
11. Receive for file Minutes of the Environmental Committee meeting held 4/11/22.
12. Receive for file Minutes of the Recreation Advisory Board meeting held 4/12/22.
13. Receive for file Minutes of the Business Advisory Board meeting held 4/19/22.
OTHER VILLAGE BUSINESS MATTERS
14. RESOLUTION – STORMWATER MASTER PLAN MODELING AND DESIGN IMPLEMENTATION
SERVICES Consider a motion to adopt a resolution approving a Consulting Services Contract with
Hazen and Sawyer, P.C. for Stormwater Master Plan Modeling and Design Implementation Services
at a total cost not to exceed $187,980; and authorizing execution of the Contract.
15. RESOLUTION – INTERLOCAL AGREEMENT FOR SUMMER CAMP SERVICES Approving an
Interlocal Agreement with the Town of Lake Park pertaining to the Village's Summer Camp Program;
and authorizing execution of the Agreement.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
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.
DRAFT MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
APRIL 28, 2022
Present: Deborah Searcy, Mayor
David B. Norris, Vice Mayor
Susan Bickel, President Pro Tem
Darryl C. Aubrey, Sc.D., Councilmember
Mark Mullinix, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Searcy announced that it was International Holocaust Remembrance Day and that she
invited Rabbi Leib Ezagui from the Jewish Community Synagogue to give the invocation.
Rabbi Ezagui gave the invocation and Vice Mayor Norris led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held April 14, 2022 were approved as written.
AWARDS AND RECOGNITION
Mayor Searcy presented a Proclamation for Municipal Clerks Week to Village Clerk Jessica Green.
STATEMENTS FROM THE PUBLIC
These residents addressed the Council with their concerns regarding the proposed 200 Yacht Club
Drive Planned Unit Development:
Deborah Cross, 2560 Pepperwood Circle S William Rose, 36 Yacht Club Drive
Carolyn Liss, 52 Yacht Club Drive Frank Rendulic, 36 Yacht Club Drive
Anthony Sacco, 45 Yacht Club Drive Jean Smith, 28 Yacht Club Drive
Bob Starkie, 36 Yacht Club Drive Donna Harshaw, 143 Yacht Club Drive
Pat Kelley, 37 Yacht Club Drive Nikki Colangelo, 45 Yacht Club Drive
Susan Hoff, 907 Marina Drive, #301
Draft Minutes of Village Council Meeting held April 28, 2022 Page 2 of 7
STATEMENTS FROM THE PUBLIC continued
Deborah Cross, 2560 Pepperwood Circle S, recommended trees, vegetation and better drainage
along U.S. Highway 1 when it is redesigned to be more pedestrian friendly.
Kathie and Mike Kainec, 916 Evergreen Drive, expressed their concerns regarding a fencing issue
that they have had with their neighbor.
INTERVIEWS OF ADVISORY BOARD APPLICANTS
The following persons were interviewed by the Village Council:
Brian Bartels Kathleen Porter
Valerie Hannah Megan Sease
Lauren Hopkins Michael Weild
Karen O’Connell
RESOLUTION 2022-30 – APPOINTING MEMBERS TO VILLAGE BOARDS
By written ballots, the originals of which are attached to the minutes of record, the Council
appointed members to Village boards, as follows:
Environmental Committee: Lisa Interlandi, Karen Marcus and Kendra Zellner.
Golf Advisory Board: Sandra Felis, Rich Pizzolato and Orlando Puyol.
Library Advisory Board: Tina Chippas, Carolyn Kost and Leslie Metz.
Planning Commission: Tom Hogarth and Nathan Kennedy.
Recreation Advisory Board: Rita Budnyk and Stephen Heiman.
Waterways Board: Paul Bartlett, Bruce Crawford, Bill Hipple and Jerry Sullivan.
The Council reappointed members to Village Boards as follows:
Audit Committee: Tom Andres, Tom Magill, Suzanne Mehregan and David Talley.
Thereafter, the names of those appointed and reappointed were entered into Resolution 2022-30.
A motion was made by Councilmember Aubrey and seconded by Vice Mayor Norris to adopt
Resolution 2022-30 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE,
ENVIRONMENTAL COMMITTEE, GOLF ADVISORY BOARD, LIBRARY ADVISORY
BOARD, PLANNING COMMISSION, RECREATION ADVISORY BOARD, WATERWAYS
BOARD; AND PROVIDING FOR AN EFFECTIVE DATE.
Discussion ensued between Councilmembers regarding the Advisory Board appointment process
and the necessity to review and consider making changes to the process.
Mr. Lukasik stated that staff would come back to Council with different strategies to change the
Advisory Board Appointment process.
Draft Minutes of the Village Council Regular Session held April 28, 2022 Page 3 of 7
RESOLUTION 2022-30 – APPOINTING MEMBERS TO VILLAGE BOARDS continued
Mayor Searcy thanked those who currently serve on Village Boards and those who volunteered to serve.
Thereafter, the motion to adopt Resolution 2022-30 passed unanimously.
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
ORDINANCE 2022-10 CODE AMENDMENT – DEFINITION OF DWELLING UNIT
A motion was made by Councilmember Aubrey and seconded by Vice Mayor Norris to adopt on
first reading Ordinance 2022-10 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF APPENDIX C (CHAPTER
45) OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45-2,
“DEFINITIONS,” TO MODIFY THE DEFINITION OF THE TERM DWELLING UNIT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
These residents expressed their support of adopting Ordinance 2022-10 Code Amendment –
Definition of Dwelling Unit:
Nikki Colangelo, 45 Yacht Club Drive
Pat Kelley, 37 Yacht Club Drive
Deborah Cross, 2560 Pepperwood Circle S
Thereafter the motion to adopt Ordinance 2022-10 on first reading passed unanimously.
ORDINANCE 2022-08 GENERAL FUND BUDGET AMENDMENT
A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to
adopt and enact on second reading Ordinance 2022-08 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL
YEAR 2022 TO CLASSIFY THE TOTAL AMOUNT FINANCED FOR VILLAGE VEHICLES
AS CAPITAL OUTLAY AND TO TRANSFER NET INCOME FROM THE GENERAL FUND
UNASSIGNED FUND BALANCE TO THE CAPITAL IMPROVEMENT PLAN FUND;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Lukasik explained the purpose of the ordinance was to approve a budget amendment for
approved vehicle financing agreements and the use of NET income in the General Fund for capital
improvements. The budget amendment would record the lease agreements as capital outlay and
would solidify the direction of Council to use NET income from Fiscal Year 2021 and bring it into
the current Fiscal Year to use for certain capital improvements.
Mayor Searcy opened the public hearing.
There being no comments from the public, Mayor Searcy closed the public hearing.
Draft Minutes of the Village Council Regular Session held April 28, 2022 Page 4 of 7
ORDINANCE 2022-08 GENERAL FUND BUDGET AMENDMENT continued
Thereafter the motion to adopt and enact Ordinance 2022-08 on second reading passed
unanimously.
ORDINANCE 2022-09 CODE AMENDMENT – RESIDENTIAL ZONING REGULATIONS
A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to
adopt and enact on second reading Ordinance 2022-09 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, IMPLEMENTING THE RECOMMENDATIONS OF THE AD HOC
COMMITTEE; AMENDING ARTICLE V, “STORMWATER MANAGEMENT,” OF
CHAPTER 21, “PLANNING AND DEVELOPMENT,” BY AMENDING SECTION 21-67,
“POST DEVELOPMENT RUNOFF RATES, VOLUMES AND POLLUTANT LOADS,” TO
IMPOSE SPECIFIC REQUIREMENTS APPLICABLE TO POSTDEVELOPMENT RUNOF F
AND AMENDING SECTION 21-70, “WATER QUALITY,” TO PROVIDE STANDARDS FOR
CONSTRUCTION SITE RUNOFF; AMENDING ARTICLE I, “IN GENERAL,” AND
ARTICLE III, “DISTRICT REGULATIONS,” OF APPENDIX C (CHAPTER 45) BY
AMENDING SECTION 45-2, “DEFINITIONS,” TO DEFINE THE TERMS AVERAGE
ELEVATION AND LANDSCAPED AREA AND SECTION 45-27, “R-1 SINGLE-FAMILY
DWELLING DISTRICT,” TO REGULATE THE HEIGHT OF TWO-STORY STRUCTURES,
REQUIRE A MINIMUM LANDSCAPED AREA, AND LIMIT THE WIDTH OF DRIVEWAYS
IN SWALE AREAS; EXTENDING THE ZONING IN PROGRESS RELATING TO SECOND-
STORY FLOOR AREA FOR AN ADDITIONAL SIX MONTHS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Community Development Director Jeremy Hubsch stated that the ordinance was passed on first
reading with revisions. The revisions have been made and staff was recommending an additional
revision of striking Section 21-67 “Postdevelopment runoff rates, volumes and pollutant loads”
from the ordinance. The section would be revisited by the Ad Hoc Residential Code Committee
during phase two of revisions to the code. Mr. Hubsch discussed and explained all of the revisions
that were made to the ordinance.
Discussion ensued between Council, Attorney Rubin and Mr. Hubsch regarding the proposed
additional revisions to the ordinance.
Thereafter the motion to adopt and enact on second reading Ordinance 2022-09 as amended passed
unanimously.
CONSENT AGENDA APPROVED
Councilmember Mullinix moved to approve the Consent Agenda. President Pro Tem Bickel
seconded the motion, which passed unanimously. The following items were approved with all
present voting aye:
Resolution approving an Interlocal Agreement with Palm Beach County for the use of grant
funds for Emergency Medical Services Equipment at a total cost of $3,702.50; and
authorizing execution of the Agreement.
Resolution declaring eight Kubota Solid Waste Collection vehicles as surplus property and
authorizing their disposal.
Draft Minutes of the Village Council Regular Session held April 28, 2022 Page 5 of 7
CONSENT AGENDA APPROVED continued
Resolution approving a proposal from Engenuity Group, Inc. for professional engineering
services associated for development of two conceptual designs for the reconstruction of the
Lighthouse Drive Bridge at a total cost of $91,288; authorizing execution of all required
document; and authorizing a budget amendment to fund the purchase.
Receive for file Minutes of the Golf Advisory Board meeting held 3/21/22.
MOTION – Appointment of Auditor Selection Committee and appointment of member of Village
Council to serve on and Chair the Auditor Selection Committee.
A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to appoint
the Audit Committee as Auditor Selection Committee and to appoint Councilmember Aubrey to
serve on and Chair the Auditor Selection Committee.
Thereafter the motion passed unanimously.
RESOLUTION 2022-34 – VILLAGE HALL CHILLER PURCHASE
A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to
adopt Resolution 2022-34 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE PURCHASE OF A NEW CHILLER AND AIR
HANDLER FROM CARRIER CORPORATION FOR VILLAGE HALL PURSUANT TO
PRICING ESTABLISHED IN AN EXISTING SOURCEWELL COOPERATIVE
PURCHASING AGREEMENT; APPROVING A BUDGET AMENDMENT TO TRANSFER
$203,868 FROM THE CAPITAL RESERVE ACCOUNT TO THE VILLAGE HALL –
MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Assistant Public Works Director Chad Girard explained that the current chiller at Village Hall was
ten (10) years old and at the end of its life. Staff was recommending the purchase of a new chiller
and air handler from Carrier Corporation. The chiller would come with a ten (10) year parts and
labor warranty.
Councilmember Mullinix asked if there were any other bids or proposals for the new chiller.
Mr. Girard stated that they received a quote from Ford Mechanical that came to within $1000 of
the Carrier proposal but it did not come with a piggyback contract option or a ten (10) year
warranty.
Councilmember Mullinix requested that other quotes be included in the agenda items so that
comparisons in costs could be reviewed and considered.
Thereafter, the motion to adopt Resolution 2022-34 passed unanimously.
Draft Minutes of the Village Council Regular Session held April 28, 2022 Page 6 of 7
RESOLUTION 2022-35 – ANCHORAGE PARK PLAYGROUND EQUIPMENT REPLACEMENT
A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt
Resolution 2022-35 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A PROPOSAL FROM ADVANCED RECREATIONAL
CONCEPTS, LLC FOR THE PURCHASE OF NEW PLAYGROUND EQUIPMENT FOR
ANCHORAGE PARK AND APPROVING A PROPOSAL FROM PLAY SPACE SERVICES,
INC. FOR THE REMOVAL AND DISPOSAL OF THE EXISTING EQUIPMENT AND THE
INSTALLATION OF NEW EQUIPMENT PURSUANT TO PRICING ESTABLISHED IN AN
EXISTING CLAY COUNTY CONTRACT; AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE CONTRACTS FOR SUCH SERVICES; APPROVING A BUDGET
AMENDMENT TO TRANSFER FUNDS FROM THE CAPITAL IMPROVEMENT FUND TO
FACILITATE THE PURCHASE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
Director of Leisure Services Zak Sherman discussed and explained the proposed plans and design
of the new Anchorage Park playground. Mr. Sherman showed renderings of the proposed
playground for Council’s viewing. Mr. Sherman explained the different features of the proposed
playground. Mr. Sherman explained that the Village was approved for a $400,000 State of Florida
Departmental Protection Land and Water Conservation Fund Grant for the playground
replacement. The grant required a one-to-one match of $200,000. Through the use of FY 2021
Net Income to the Capital Projects Fund, the Village’s contribution would be increased and the
total project budget would be increased to $450,000 which would provide a playground with
greater shade and amenities.
Deborah Cross, 2560 Pepperwood Circle S, expressed her concerns and asked for clarification
regarding the installation of the playground.
Stephen Poh, Superintendent of Parks and Recreation stated that any damages to the park during
installation would be covered.
Discussion ensued between Council and staff regarding the timing of installation for the
playground.
Thereafter, the motion to adopt Resolution 2022-35 passed unanimously.
Mayor Searcy distributed to Council a survey that was given to residents that asked “What do you
love best about living in North Palm Beach”? Mayor Searcy stated th at some of the most loved
items that came out of the survey were safety, small town and community.
DISCUSSION – Strategic Priorities for Fiscal Year 2023
Mr. Lukasik began a discussion regarding Strategic Priorities for Fiscal Year 2023. Mr. Lukasik
stated that there were fifty-one (51) strategic initiatives in the handout that was provided to Council
that needed to be reviewed and prioritized. The initiatives were color coded according the
Council’s priority level.
Draft Minutes of the Village Council Regular Session held April 28, 2022 Page 7 of 7
DISCUSSION – Strategic Priorities for Fiscal Year 2023 continued
Discussion ensued between Mr. Lukasik and Council regarding the prioritization of the initiatives
on the list and the addition of new initiatives.
Mr. Lukasik stated that Council could take the handout and prioritize each initiative by changing
its color code and return to him when completed.
MAYOR AND COUNCIL MATTERS/REPORTS
Councilmember Aubrey expressed his concerns that there had not been any updates to procedures
for condominium inspections from the county or state. Councilmember Aubrey asked if staff could
bring back an update.
Mr. Lukasik stated that Building Official Wayne Cameron has been engaged with the county on
the issue. The county committee that was working on the ordinance has reconvened and Mr.
Cameron was working with the committee again and anticipated that there would be an update to
bring to Council within the next three weeks.
President Pro Tem Bickel invited everyone to Farmers Table on May 9th at 7:30 p.m. to hear the
North Palm Beach Symphony Orchestra concert.
Mayor Searcy announced that Arbor Day would be celebrated at the Village Community Garden
on April 29th at 6 p.m.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 9:26 p.m.
Jessica Green, MMC, Village Clerk
Page 1 of 2
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: May 12, 2022
SUBJECT: ORDINANCE 1st Reading – Amending Chapter 18 of the Village Code of
Ordinances to regulate the parking of utility trailers in residential zoning districts.
At the Village Council’s direction, Staff has drafted an Ordinance regulating the parking of utility trailers
within the Village’s residential zoning districts. The proposed Ordinance amends Chapter 18 by
amending Section 18-33, “Definitions,” to define the term utility trailer and by amending Section 18-34,
“Parking Restricted,” to add a new subsection (g) outlining the terms and conditions under which utility
trailers may be stored on residential property.
Specifically, the Ordinance provides as follows:
A. Defines the term utility trailer as “an enclosed or open trailer intended to be towed by a motorized
vehicle in order to transport cargo and/or provide a product or service at a remote location.”
B. Requires that utility trailers within a residential zoning district be stored within a fully enclosed
garage or within the rear or side yard of a residential lot within the R-1 or R-2 zoning district
subject to the following additional requirements:
The utility trailer shall be visually screened from abutting properties and alleyways in the form
of a wall, fence or gate or a hedge or other living vegetation, each with a minimum opacity of
ninety percent. The use of chain link fencing with windscreens is prohibited, and trailers are
not required to be screened from the right-of-way providing access to the rear or side yard if
such equipment is located behind a gate at least six (6) feet in height and no more than twenty
(20) feet high.
Only one utility trailer may be stored on a lot, and the height of the trailer is limited to ten (10)
feet, exclusive of fixed mechanical equipment.
Utility trailers are not permitted within the parking area or common area of any multi-family or
mixed-use residential community unless specifically approved through the site plan and
appearance review process.
The utility trailer must be owned or exclusively used by the resident of the property.
Utility trailers shall not extend beyond the front building line and utility trailers parked in the
rear yard shall be located at least five feet from the property line.
Page 2 of 2
The trailer shall be currently registered and licensed (with a plate and registration sticker) and
shall not be used for living or sleeping quarters or for the storage of household goods or
personal property unrelated to the use of the utility trailer for commercial purposes.
C. A resident who demonstrates that he or she cannot meet the screening or setback requirements
for the parking a utility trailer on a lot within the R-1 or R-2 residential zoning districts may apply
for an exemption provided that the resident:
Stored the utility trailer on the property on or before March 24, 2022; and
The utility trailer is necessary for the commercial livelihood of the resident.
The application shall be filed with the Community Development Department and all exemption
requests shall be considered by the Planning Commission. The exemption shall not run with the
property and a change in occupancy shall terminate the approval.
There is no fiscal impact.
The proposed Ordinance has been drafted by this office and reviewed for legal sufficiency.
Recommendation:
Village Staff recommends Council consideration on first reading of the attached Ordinance
regulating the parking of utility trailers in residential zoning district s in accordance with Village
policies and procedures.
Page 1 of 5
ORDINANCE NO. 2022-____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM EACH, FLORIDA, AMENDING ARTICLE III, “STOPPING, STANDING 4
AND PARKING,” OF CHAPTER 18, “MOTOR VEHICLES AND TRAFFIC,” OF 5
THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-33, 6
“DEFINITIONS,” AND SECTION 18-34, “PARKING RESTRICTED,” TO 7
REGULATE THE PARKING OF UTILITY TRAILERS IN RESIDENTIAL ZONING 8
DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR 9
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN 10
EFFECTIVE DATE. 11
12
WHEREAS, the Village of North Palm Beach, as a duly organized Florida municipality, 13
possesses the Home Rule Authority conferred upon it by the Florida Constitution and Chapter 166, 14
Florida Statutes, including the regulation of parking within its corporate limits; and 15
16
WHEREAS, the Village Council wishes to amend Article III, “Stopping, Standing and 17
Parking,” of Chapter 18, “Motor Vehicles and Traffic,” of the Village Code of Ordinance to regulate 18
the parking of commercial utility trailers in residential districts; and 19
20
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best 21
interests of the residents of the Village of North Palm Beach. 22
23
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 24
NORTH PALM BEACH, FLORIDA as follows: 25
26
Section 1. The foregoing “Whereas” clauses are hereby ratified as true and correct and are 27
incorporated herein. 28
29
Section 2. The Village Council hereby amends Chapter 18, “Motor Vehicles and Traffic,” of the 30
Village Code of Ordinances by amending Article III, “Stopping, Standing and Parking,” to read as 31
follows (additional language is underlined and deleted language is stricken through): 32
33
ARTICLE III. - STOPPING, STANDING AND PARKING 34
35
Sec. 18-33. Definitions. 36
37
For the purposes of this article, whenever the following words or terms are 38
used herein they shall have the meanings ascribed to them in this section, except 39
where the context requires otherwise: 40
41
Boat means any vessel, with or without motor propulsion, commonly used 42
for private recreation activities, designed for travel over water, and for which a trailer 43
is required fo r transportation over land. The definition of boat shall specifically 44
include a personal watercraft as defined by state statute and shall specifically exclude 45
those vessels not required to be titled with the state pursuant to state statute. 46
47
Page 2 of 5
Recreational vehicle means any vehicle or portable structure designed 1
primarily to provide temporary living quarters for recreation, camping or travel use, 2
other than a light van; either a vehicular structure mounted on wheels, self -powered 3
or designed to be pulled by another vehicle or a structure designed to be mounted 4
upon and carried by another vehicle. 5
6
Trailer means a vehicular structure mounted on wheels designed to be pulled 7
by another vehicle. 8
9
Utility trailer means an enclosed or open trailer intended to be towed by a 10
motorized vehicle in order to transport cargo and/or provide a product or service at a 11
remote location. 12
13
Sec. 18-34. Parking restricted. 14
15
(a) Between the hours of 2:00 a.m. and 6:00 a.m. on streets where no curbing is 16
provided, the parking of a vehicle shall not usurp more than twelve (12) inches 17
of the paved portion of the street. 18
19
(b) No person shall leave any truck, trailer, boat or any vehicle of a similar type 20
parked upon any public street or highway within the village between the hours 21
of 12:30 a.m. and 6:00 a.m. 22
23
(c) No truck with a payload or carrying capacity (truck model rating) in excess of 24
one-ton shall be parked upon a public street or highway inclusive of swale area 25
within the village; provided, however, commercial vehicles making deliveries 26
or pickups or otherwise servicing residential, commercial or industrial property 27
within the village shall have the right, if necessary, to temporarily park in such 28
areas during normal business hours. 29
30
(d) No truck with a payload or carrying capacity (truck model rating) in excess of 31
one-ton shall be parked at any time upon private property within the village 32
unless such truck is being utilized as part of an existing business on the private 33
property; provided, however, commercial vehicles making deliveries or 34
pickups or otherwise servicing residential, commercial or industrial property 35
within the village shall have the right, if necessary to temporarily park upon 36
private property during normal business hours. 37
38
(e) The following vehicles shall not be parked overnight (from 11:00 p.m. to 7:00 39
a.m.) in any residential zoning district, unless parked within a fully enclosed 40
garage: 41
42
(1) Tractor trailers, and semi-trailer trucks; 43
44
(2) Tow trucks, wreckers or flat bed vehicle carriers; 45
46
(3) Commercial buses, school buses, or vans accommodating more than 47
sixteen (16) passengers; 48
Page 3 of 5
1
(4) Dump trucks; 2
3
(5) Construction equipment and vehicles, including farm tractors, 4
backhoes, front-end loaders, cranes, cement mixers, pitch buckets or 5
similar items; 6
7
(6) Step vans, panel trucks or other vehicles with rectangular bulk and a 8
payload or carrying capacity in excess of one-ton; 9
10
(7) Any vehicle used and designed for the commercial sale of food or 11
beverages; 12
13
(8) More than one (1) taxi, car service vehicle, or limousine; 14
15
(9) Stretch limousines (i.e., any automobile, sport utility vehicle or van for 16
hire, and of original manufacture or remanufacture, that exceeds a 17
seating capacity of eight (8) persons); 18
19
(10) Boom or bucket trucks; 20
21
(11) Swamp buggies and half-tracks; 22
23
(12) Tandem wheel pick up trucks (dooley type); and 24
25
(13) Vehicles that exceed eight (8) feet in height, inclusive of attached 26
equipment and accessories. 27
28
(f) In addition to the foregoing, vehicles with commercial advertising or markings 29
that occupy more than ten (10) square feet of any given side of the vehicle shall 30
not be parked overnight (from 11:00 p.m. to 7:00 a.m.) in any residential 31
zoning district unless: 32
33
(1) The vehicle is covered with a fitted vehicle cover specifically 34
manufactured for that purpose; 35
36
(2) The vehicle is parked within a fully enclosed garage or otherwise 37
screened from view from adjacent properties and rights-of-way; or 38
39
(3) The vehicle's commercial advertising or markings are completely 40
covered by magnetic signs affixed to the vehicle that have no markings 41
whatsoever and are the same color as the base paint of the vehicle. 42
43
(g) Utility trailers shall not be parked in any residential zoning district unless 44
parked within a fully enclosed garage or within a rear or side yard of a 45
residential lot within the R-1 or R-2 zoning district, subject to the following 46
requirements: 47
Page 4 of 5
(1) The utility trailer shall be visually screened from the view of abutting 1
properties and alleyways. Screening shall be in the form of a properly 2
anchored wall, fence or gate (meeting all building code requirements) 3
or a hedge or other living vegetation, each with a minimum opacity of 4
ninety percent (90%). Walls, fences and gates shall be constructed in 5
accordance with section 45-36(D), and the use of chain link fencing 6
with windscreens is prohibited. Hedges or other living vegetation shall 7
be planted in the ground and shall be of sufficient height to screen such 8
equipment. Utility trailers are not required to be screened from the 9
right-of-way providing access to the rear or side yard if such equipment 10
is located behind a gate at least six (6) feet in height and not more than 11
twenty (20) feet wide. 12
13
(2) Only one (1) utility trailer shall be located on any residential lot, and 14
the height of the trailer is limited to ten (10) feet, as measured from the 15
ground, exclusive of fixed mechanical equipment. 16
17
(3) Utility trailers shall not be permitted within the parking area or 18
common area of any residential multi-family or mixed-use community 19
unless specifically approved through the site plan and appearance 20
review process. 21
22
(4) The utility trailer must be owned or exclusively used by the resident of 23
the property upon which it is parked. 24
25
(5) Utility trailers parked in the side yard shall not project beyond the front 26
building line and utility trailers parked in the rear yard shall be located 27
at least five (5) feet from the rear property line. 28
29
(6) The utility trailer shall, at all times, be currently registered and licensed 30
as required by state law and shall display a current registration sticker 31
and have attached a current vehicle license plate. 32
33
(7) When parked on residential property, the utility trailer shall not be used 34
for living or sleeping quarters or for the storage of household goods or 35
any personal property unrelated to the use of the utility trailer for 36
commercial purposes. 37
38
(8) Any resident who demonstrates that he or she cannot meet the 39
screening or setback requirements for parking a utility trailer on a lot 40
within the R-1 or R-2 residential zoning districts may apply for an 41
exemption from such requirements provided that the resident stored the 42
utility trailer on the property on or before March 24, 2022 and the utility 43
trailer is necessary for the commercial livelihood of the resident. The 44
application shall be accompanied by documentation demonstrating the 45
date the resident began storing the utility trailer on the property and 46
detailing the use of the utility trailer. The application shall be filed with 47
the community development department, and the department shall 48
Page 5 of 5
review the application to ensure it is complete and prepare the 1
necessary documentation for review by the planning commission. The 2
planning commission shall approve, approve with conditions or deny 3
the application, and the decision shall be set forth in a written order. 4
The exemption shall not run with the property and a change in 5
occupancy shall terminate the approval. 6
7
* * * 8
9
Section 4. The provisions of this Ordinance shall become and be made part of the Code of 10
Ordinances for the Village of North Palm Beach, Florida. 11
12
Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for 13
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 14
holding shall not affect the remainder of the Ordinance. 15
16
Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict 17
herewith are hereby repealed to the extent of such conflict. 18
19
Section 7. This Ordinance shall be effective immediately upon adoption. 20
21
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 22
23
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 24
2022. 25
26
27
28
(Village Seal) 29
MAYOR 30
31
ATTEST: 32
33
34
VILLAGE CLERK 35
36
APPROVED AS TO FORM AND 37
LEGAL SUFFICIENCY: 38
39
40
VILLAGE ATTORNEY 41
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Village Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Jeremy Hubsch, Director of Community Development
DATE: April 28, 2022
SUBJECT: Ordinance 2nd Reading – Amending Section 45-2 of the Village’s Zoning Code
to Modify the Definition of the Term Dwelling Unit.
In 2016, the Village adopted the North Palm Beach Citizen’s Master Plan (“Master Plan”). One of
the key recommendations of the Master Plan was the creation of a form-based code to incentivize
redevelopment of the Village’s commercial corridors. The goal of a form-based code is to control
building form first and then building use second. The Village brought in the renowned firm of
Dover, Kohl & Partners and its consultant Spikowski Planning Associates to develop a form-based
code for the Village’s commercial zoning districts.
The process of revising the Village’s land development regulations and comprehensive plan
officially started in January 2018. The consulting team held its first public workshop in April 2018,
followed by seven additional workshops, held between December 2018 and May 2019. The
consulting team and Village staff incorporated feedback from the workshops into draft land
development regulations and comprehensive plan amendments. A preliminary version of the draft
regulations and comprehensive plan amendments was workshopped with the Planning
Commission in January 2020 for feedback. One of the numerous code changes that was included
in the draft code was amending the definition of the term dwelling unit to count a one-bedroom or
studio unit in a commercial zoning district that allows mixed uses as .5 of a dwelling unit for density
purposes. The .5 dwelling unit provision was then adopted with the remainder of the Village code
updates in the fall of 2020.
The purpose of assigning maximum residential density in a land use category is to attempt to limit
the number of residents in new developments. There is a clear nexus between the average
number of residents that typically live in a one-bedroom apartment versus that of a two or three-
bedroom apartment. For instance, the Village’s R-3 Multi-Family Zoning District requires one more
parking space for three-bedroom units than one and two-bedroom units. Palm Beach Gardens
requires one parking space per bedroom in multi-family developments, as do numerous other
municipalities. Many municipalities around the country grant density reductions or bonuses for the
provision of smaller dwelling units in multi-family developments because they tend to have fewer
residents than larger units. When drafting the code, Village staff and its consulting team thought
that creating the .5 dwelling unit provision was a best practice and an equitable way to treat
density in the Village’s mixed-use districts.
The 200 Yacht Club Drive project utilized the .5 dwelling unit provision to provide a greater number
of one-bedroom units than would have been allowed without the provision. Some residents along
Yacht Club Drive have complained that the project has too many units and have requested that
the Village Council repeal the code provision modifying the definition of dwelling unit. In response
to the feedback provided by the residents, the Village Council directed staff to draft an Ordinance
repealing the .5 dwelling unit provision.
Planning Commission Meeting Summary
At the April 5 Planning Commission meeting, staff gave an overview of the adoption of the .5
dwelling unit provision and discussed other methods that municipalities use to incentivize smaller
units. Some members of the Planning Commission were concerned that eliminating the .5
dwelling unit provision would make the US-1 Corridor less appealing to mixed-use developers. All
of the commissioners were in agreement that the Village should take a more comprehensive
review of density and how density bonuses are granted. Some members noted that they would
like to ensure that projects provide a greater amount of commercial square footage when granting
any kind of density incentive.
Several of the commissioners noted that they would like to evaluate permanent changes to
density bonuses in the Village’s mixed-use commercial zoning districts before eliminating the .5
dwelling unit provision. They expressed concern that there would not be as much urgency to
undertake a comprehensive review of density once the .5 dwelling unit provision was eliminated.
As a result of this concern, the Commission was ultimately deadlocked with a vote of 3-3.
First Reading
At its April 28, 2022 meeting, the Village Council adopted the Ordinance on first reading without
modification.
Recommendation:
At its April 5, 2022 meeting, a motion to recommend approval of the proposed Ordinance
modifying the definition of the term dwelling unit failed by a vote of 3 to 3.
Page 1 of 2
ORDINANCE NO. 2022-___ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN 4
GENERAL,” OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF 5
ORDINANCES BY AMENDING SECTION 45-2, “DEFINITIONS,” TO 6
MODIFY THE DEFINITION OF THE TERM DWELLING UNIT; PROVIDING 7
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 8
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER 9
PURPOSES. 10
11
WHEREAS, through the adoption of Ordinance No. 2020-06, the Village Council adopted a form-12
based commercial Zoning Code prepared by the Village’s consultants, in addition to certain other 13
revisions recommended by Village residents, Village Staff, and the Village’s advisory boards; and 14
15
WHEREAS, Ordinance No. 2020-06 amended the definition of the term dwelling unit to allow 16
units with no bedrooms or one bedroom within commercial zoning districts that allow mixed uses 17
to be counted as one-half of a dwelling unit; and 18
19
WHEREAS, the Village Council wishes to repeal the 2020 revision to the definition of the term 20
dwelling unit; and 21
22
WHEREAS, on April 5, 2022, the Planning Commission, sitting as the Local Planning Agency, 23
conducted a public hearing to review this Ordinance and provide a recommendation to the Village 24
Council; and 25
26
WHEREAS, having considered the recommendation of the Planning Commission and conducted 27
all required advertised public hearings, the Village Council determines that the adoption of this 28
Ordinance is in the interests of the health, safety and welfare of the residents of the Village of 29
North Palm Beach. 30
31
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 32
OF NORTH PALM BEACH, FLORIDA as follows: 33
34
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 35
36
Section 2. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 37
Village Code of Ordinances by amending Section 45-2, “Definitions,” of Article I, “In General,” 38
to read as follows (deleted language is stricken through): 39
40
Sec. 45-2. Definitions. 41
42
For the purpose of this Code, certain words and terms are defined as follows: 43
44
* * * 45
46
47
Page 2 of 2
Dwelling unit is a single unit providing complete, independent living facilities 1
for one (1) or more persons including permanent provisions for living, sleeping, 2
eating, cooking and sanitation. For purposes of computing residential density in 3
commercial zoning districts that allow mixed uses, a dwelling unit that contains 4
only one bedroom, or no separate bedroom, will be counted as one-half a dwelling 5
unit. 6
7
* * * 8
9
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 10
the Village of North Palm Beach, Florida. 11
12
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 13
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 14
such holding shall not affect the remainder of this Ordinance. 15
16
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 17
conflict herewith are hereby repealed to the extent of such conflict. 18
19
Section 6. This Ordinance shall take effect immediately upon adoption. 20
21
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 22
23
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 24
2022. 25
26
(Village Seal) 27
MAYOR 28
29
30
ATTEST: 31
32
33
VILLAGE CLERK 34
35
36
APPROVED AS TO FORM AND 37
LEGAL SUFFICIENCY: 38
39
40
VILLAGE ATTORNEY 41
42
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Beth Davis, General Manager
Chuck Huff, Director of Public Works
DATE: May 12, 2022
SUBJECT: RESOLUTION – Accepting a proposal from Brightview Golf Maintenance, Inc. for the
purchase and installation of a new irrigation pipe at a cost of $66,268.78, authorizing
execution of a Contract and waiving the Village’s purchasing policies and procedures.
Village staff is requesting Village Council approval of a proposal from Brightview Golf Maintenance, Inc.
for the purchase and installation of approximately 2,100 linear feet of irrigation pipe at the North Palm
Beach Country Club. This will require a waiver of the Village’s purchasing policies and procedures.
The new irrigation pipe will provide water to the existing irrigation systems in the US-1 median, Lakeside
Park, Veterans Park, the Public Safety Building, the Library and Village Hall. W hile drawing from the
irrigation pond located on the golf course, this independent system will be separate from the existing golf
course irrigation pump station with its own pump and a direct 6” pipe connection to the irrigation main
(which is located on US-1). This project will eliminate the need to share water between the country club
golf course and Village medians and common areas.
Creating two separate irrigation systems will provide operational benefits for Public Works and the Golf
Course. First, the golf course will better secure the water that is needed to maintain the turf. The Latitude
36 turf requires a significant amount of water to maintain its health. When irrigation water is shared
between the course and the Village’s general uses, the course is not always able to receive the amount
that it needs. Because it will help improve the ability to maintain and protect the quality of the golf course,
this project will contribute to the financial sustainability of the golf operation. Second, the Village’s general
uses will not be subject to the timing of irrigation on the golf course. The Village can only irrigate its
medians, parks and grounds when the golf course irrigation process is completed. This restricts when the
irrigation system can operate and creates conflicts as medians and/or parks are being irrigated during the
day. This results in water being sprayed on cars and/or visits to the park being disrupted by the irrigation
cycle. The project will provide Public Works with greater operational flexibility and a better ability to meet
the community’s service expectations.
Background:
In February of 2021, staff issued an Invitation to Bid (ITB) for the Country Club Irrigation Improvements
and Pump Station. Precision Landscape Company submitted the lowest bid proposal in response to the
ITB; however, staff recommended breaking out the pump station portion of the bid and awarding the
contract to Precision for the irrigation line portion only at a cost of $55,600.00 (Resolution 2021 -15). The
pump was subsequently furnished and installed by Sullivan Pump in the amount of $32,445.53 (Resolution
2021-14). As Precision was unable to procure the pipe after several months, both the Village and Precision
agreed to terminate their contract.
In March of 2022, the Village advertised another ITB for this project and received a low bid of $246,850.00.
Staff subsequently rejected this bid. Staff then asked Brightview, the golf course maintenance provider, to
submit a proposal for this project. Brightview submitted a proposal in the amount of $66,268.78.
Brightview’s is the lowest cost proposal received by the Village and is being recommended for award by
the Village Council. As it has for other recent golf course construction projects completed by Brightview
(e.g., pond bank stabilization, tee box repair), Staff is requesting a waiver of the Village’s purchasing
policies and procedures since the ITB process did not result in the most competitive bid.
Account Information:
Fund Department / Division Ac count
Number
Account
Description Amount
General
Fund
Public Works /
Streets & Stormwater A7231-66210 Construction &
Major Renovation $66,268.78
The attached Resolution and Contract have been prepared/reviewed by the Village Attorney for legal
sufficiency.
Recommendation:
Village Staff recommends Council adoption of the attached Resolution accepting a proposal from
Brightview Golf Maintenance, Inc. for the purchase and installation of a new irrigation pipe at a cost
of $66,268.78, with funds expended from Account No. A7321-66210 (Streets & Stormwater –
Construction & Major Renovation), authorizing the Mayor and Village Clerk to execute a Contract
for such services and waiving the Village’s purchasing policies and procedures.
RESOLUTION 2022-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM BRIGHTVIEW
GOLF MAINTENANCE, INC. FOR THE PURCHASE AND INSTALLATION OF AN
IRRIGATION PIPE AT THE NORTH PALM BEACH COUNTY CLUB GOLF
COURSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A CONTRACT FOR SUCH SERVICES; WAIVING THE VILLAGE’S
PURCHASING POLICES AND PROCEDURES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, BrightView Golf Maintenance, Inc. (“BrightView”), the Village’s golf course maintenance
contractor, provided a proposal for the installation of approximately 2,100 linear feet of irrigation pipe
at the North Palm Beach Country Club Golf Course, and Village Staff recommended accepting the
proposal submitted by BrightView; and
WHEREAS, the Village Council determines that the adoption of this Resolution accepting the proposal
from BrightView is in the best interests of the residents 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 BrightView Golf
Maintenance, Inc. for the purchase of materials and services necessary for the installation of irrigation
pipe at the Country Club Golf Course at a total cost of $66,268.78, with funds expended from Account
No. A7321-66210 (Streets & Stormwater – Construction & Major Renovation). The Village Council further
authorizes the Mayor and Village Clerk to execute a Contract for such services, a copy of which is
attached hereto and incorporated herein by reference.
Section 3. In approving this purchase, the Village Council hereby by waives any conflicting
provisions of the Village’s purchasing policies and procedures.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2022.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 9
CONTRACT
THIS CONTRACT is made as of the ____ day of ________________, 2022 by and between the
VILLAGE OF NORTH PALM BEACH, municipal corporation organized and existing under the laws
of the State of Florida, hereinafter referred to as VILLAGE, and BRIGHTVIEW GOLF
MAINTENANCE, INC. a Florida corporation, hereinafter referred to as CONTRACTOR, whose
Federal I.D. No is 95-2999239.
WHEREAS, the VILLAGE is need of services and materials for the installation of a new irrigation pipe
at the North Palm Beach Country Club Golf Course; and
WHEREAS, CONTRACTOR is the current provider of Golf Course Maintenance Services, and
CONTRACTOR has provided the VILLAGE with a proposal to perform the work; and
WHEREAS, the VILLAGE wishes to retain CONTRACTOR to perform the work outlined in its
proposal pursuant to the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR.
CONTRACTOR shall perform those services outlined in its Proposal, attached hereto as Exhibit “A”
and incorporated herein by reference (“Work”). CONTRACTOR shall perform the Work to that degree
of care and skill ordinarily exercised, under similar circumstances, by reputable members of its vocation
practicing in the same or similar locality at the time such services are performed.
ARTICLE 2. TERM OF CONTRACT.
The term of this Contract shall commence upon the VILLAGE’s issuance of a Notice to Proceed and
shall remain in effect until CONTRACTOR completes all services within the scope of this Contract to
the satisfaction of the VILLAGE, unless otherwise terminated in accordance with Article 8.
CONTRACTOR shall complete the Work within ninety (90) calendar days after the issuance of the
Notice to Proceed.
ARTICLE 3. COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate CONTRACTOR in accordance with CONTRACTOR’s
Proposal in an amount not to exceed Sixty-Six Thousand Two Hundred Sixty-Eight Dollars and Seventy-
Eight Cents ($66,268.78).
B. CONTRACTOR shall invoice the VILLAGE on a monthly basis based on the percentage of
work performed. Invoices received from CONTRACTOR pursuant to this Contract will be reviewed
and approved by the VILLAGE’s representative, indicating that the Work has been provided and
rendered in conformity with the Contract and then will be sent to the Finance Department for payment.
CONTRACTOR will invoice the VILLAGE in advance for each payment period. Invoices will normally
be paid within thirty (30) days following the VILLAGE representative’s approval.
Page 2 of 9
C. Work undertaken or expenses incurred that exceeds an amount set forth in the Proposal without
prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR.
D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other
matters in question arising out of or relating to this Contract.
E. 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 Work
has 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 provision of the Work.
ARTICLE 4. INSURANCE.
A. Prior to execution of this Contract by the VILLAGE, CONTRACTOR shall provide certificates
evidencing insurance coverage as required hereunder. All insurance policies shall be issued by
companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly
indicate that CONTRACTOR has obtained insurance of the type, amount, and classification as required
for strict compliance with this Article and that no material change or cancellation of the insurance shall
be effective without thirty (30) days prior written notice to the VILLAGE’S representative. Compliance
with the foregoing requirements shall not relieve CONTRACTOR of its liability and obligations under
this Contract.
B. CONTRACTOR shall maintain, during the life of this Contract, Commercial General Liability
insurance in the amount of $1,000,000.00 in aggregate to protect CONTRACTOR from claims for
damages for bodily and personal injury, including wrongful death, as well as from claims of property
damages which may arise from any operations under this Contract, whether such operations be by
CONTRACTOR or by anyone directly employed by or contracting with CONTRACTOR.
C. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $1,000,000 combined single limit for bodily injury and
property damages liability to protect CONTRACTOR from claims for damages for bodily and personal
injury, including death, as well as from claims for property damage, which may arise from the ownership,
use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such
operations be by CONTRACTOR or by anyone directly or indirectly employed by CONTRACTOR.
D. The parties to this Contract shall carry Workers’ Compensation Insurance and Employer’s
Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not
carry Workers’ Compensation Insurance and chooses not to obtain same, then such party shall. in
accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the
Department of Insurance and shall provide a copy of such exemption to the VILLAGE.
E. All insurance, other than Worker’s Compensation, to be maintained by CONTRACTOR shall
specifically include the VILLAGE OF NORTH PALM BEACH as an “Additional Insured”.
Page 3 of 9
ARTICLE 5. PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel
required to perform the Work under this Contract. Such personnel shall not be employees of or have any
contractual relationship with the VILLAGE.
B. All of the Work required hereunder shall be performed by CONTRACTOR or under its
supervision, and all personnel engaged in performing the Work (including subcontractors) shall be fully
qualified and, if required, authorized or permitted under state and local law to perform such Work.
C. All of CONTRACTOR’s personnel (and all subcontractors) while on VILLAGE premises, will
comply with all applicable requirements governing conduct, safety, and security, provided, however, that
CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
ARTICLE 6. 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 o r 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 the
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.
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 waiver provided in § 768.28, Florida
Statutes.
ARTICLE 7. INDEPENDENT CONTRACTOR.
CONTRACTOR is, and shall be, in the performance of services pursuant to this Contract, an independent
contractor and not an employee, agent or servant of the VILLAGE. All persons engaged in any services
performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’s
sole discretion, supervision and control, and CONTRACTOR shall exercise sole control over the means
and manner in which its employees, consultants and subcontractors perform such services.
ARTICLE 8. TERMINATION.
This Contract may be terminated by CONTRACTOR upon ten (10) days’ prior written notice to the
VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance
with the terms of this Contract through no fault of CONTRACTOR. It may also be terminated, in whole
or in part, by the VILLAGE, with or without cause, upon ten (10) days’ written notice to the
CONTRACTOR. Unless CONTRACTOR is in breach of this Contract, CONTRACTOR shall be paid
Page 4 of 9
for Work rendered to the VILLAGE’s satisfaction through the date of termination. After receipt of a
Termination Notice and except as otherwise directed by the VILLAGE, CONTRACTOR shall:
A. Stop work on the date and to the extent specified;
B. Terminate and settle all orders and subcontracts relating to the performance of the terminated
work;
C. Transfer all work in progress, completed work, and other materials related to the terminated work
to the VILLAGE; and
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 9. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Contract. Except as
above, neither the VILLAGE nor CONTRACTOR shall assign, sublet, convey or transfer its interest in
this Contract without the written consent of the other. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor
shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and
CONTRACTOR.
ARTICLE 10. ACCESS AND AUDITS.
CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in
estimating and performing the Work for at least three (3) years after completion of this Contract. The
VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the
purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. In
no circumstances will CONTRACTOR be required to disclose any confidential or proprietary
information regarding its products and service costs.
ARTICLE 11. ENFORCEMENT COSTS.
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.
ARTICLE 12. PROTECTION OF WORK AND PROPERTY.
A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage, and
shall protect the VILLAGE’s property and adjacent private and public property from injury or loss
arising in connection with the Contract. Except for any such damage, injury, or loss, except that which
may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the
CONTRACTOR shall provide any necessary materials to maintain such protection.
Page 5 of 9
B. CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE,
public and other guests and invitees thereof at or near the areas where work is being accomplished during
and throughout the completion of all work.
ARTICLE 13. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent
to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Andrew D. Lukasik, Village Manager
Village Hall
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the CONTRACTOR shall be mailed to:
BrightView Golf Maintenance, Inc.
24151 Ventura Boulevard
Calabasas, CA 91302
Attention: Greg Pieschala, President
The foregoing names and addresses may be changed if such change is provided in writing to the other
party.
ARTICLE 14. ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and CONTRACTOR agree that this Contract, including all documents referenced herein,
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.
ARTICLE 15. TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity,
firm or corporation to which they relate as the context may require. Wherever the context may require,
the singular shall mean and include the plural and the plural shall mean and include the singular. The
term “Contract” as used herein, as well as the terms “herein”, “hereof”, “hereunder”, “hereinafter” and
the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and
made a part hereof. The captions and paragraph headings are for reference and convenience only and do
not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning
or interpretation of this Contract.
ARTICLE 16. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
Page 6 of 9
ARTICLE 17. MATERIALITY.
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply
with any of the provisions contained in this Contract or exhibits, amendments and addenda attached
hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option
and without notice terminate this Contract.
ARTICLE 18. EXHIBITS AND CONTRACT DOCUMENTS.
All exhibits and other documents referred to in this Contract form an essential part of this Contract. The
exhibits and other documents, if not physically attached, should be treated as part of this Contract and
are incorporated herein by reference.
ARTICLE 19. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of the Village
of North Palm Beach.
ARTICLE 20. SURVIVABILITY.
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.
ARTICLE 21. WAIVER OF SUBROGATION.
CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers,
employees and agents for each required policy. When required by the insurer, or should a policy
condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an
endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed
with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of
Subrogation requirement shall not apply to any policy, which a condition to the policy specifically
prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement
on a pre-loss basis.
ARTICLE 22. WARRANTY.
CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will
be free of defects in material and workmanship for a period of one (1) year following completion of the
Work and successful final inspection, or as otherwise stated in the Proposal. Should any Work fail to
comply with this warranty during the warranty period of one (1) year, upon written notification from the
VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or
workmanship at CONTRACTOR’s sole expense.
ARTICLE 23. REPRESENTATIONS/BINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal right to
execute and deliver this Contract and perform all of its obligations under this Contract.
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ARTICLE 24. GOVERNING LAW, VENUE AND REMEDIES.
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce this Contract will be held in Palm Beach County.
B. 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. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive any
right they may have to a trial by jury with respect to any litigation arising out of or in connection
with this Contract.
ARTICLE 25. FEDERAL AND STATE TAXES.
The VILLAGE is exempt from federal tax and state sales tax and use taxes. Upon request, the VILLAGE
shall provide an exemption certificate to CONTRACTOR. CONTRACTOR is not exempt from paying
sales tax to its suppliers for materials used to fulfill its obligations under this Contract, nor shall
CONTRACTOR be authorized to use the VILLAGE’s tax exemption number in securing such materials.
ARTICLE 26. INSPECTOR GENERAL
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 Documents justifying termination.
ARTICLE 27. PUBLIC RECORDS.
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.
Page 8 of 9
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.
ARTICLE 28. E-VERIFY
CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from each
subcontractor stating that the subcontractor does not employ, contract with or subcontract with an
unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly
violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to
Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith belief
that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR
has otherwise complied, it shall notify CONTRACTOR, and CONTRACTOR shall immediately
terminate its contract with the subcontractor.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
CONTRACTOR:
BRIGHTVIEW GOLF MAINTENANCE, INC.
BY:
Print Name:
Title:_____________________________
Page 9 of 9
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
DEBORAH SEARCY
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
VILLAGE ATTORNEY
North Palm Beach CC Proposal Installation of 6” HDPE Mainline pipe with Gate Valve Materials: 2,100’ 6” HDPE pipe, 6” Gate Valve, MJ Adapters, DI Sleeves, Mega Lugs, Backup Rings, Accessory Kits. $21,842.38
$44,426.40
$66,268.78
Materials
Labor/ Equipment/Travel
Grand Total on project
Signed Date
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB – GOLF OPERATIONS
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Allan Bowman, Head Golf Professional
DATE: May 12, 2022
SUBJECT: RESOLUTION – Approving an Amendment to the Contract with Brightview Golf
Maintenance, Inc. for pond bank stabilization services at a cost of $22,469.25 (for a total
cost of $117,554.00).
Through the adoption of Resolution No. 2022-09 on January 27, 2022, the Village Council approved a
proposal from Brightview for 1,200 linear feet of pond stabilization work in the amount of $95,084.75 and
authorized execution of a Contract. Due to extensive winter erosion, Staff is recommending an amendment
to the Contract to include an additional 250 feet of pond stabilization services at a cost of $22,469.25.
Resolution No. 2022-09 also approved a waiver of the Village’s purchasing policies and procedures.
Background:
The cost of the initial pond stabilization project approved in Resolution No. 2022-09 was $95,084.75.
However, due to extensive erosion over the winter months, mainly due to wind and water erosion, Staff is
proposing an additional 250 linear feet of pond stabilization work, brining the total amount of work to be
completed to 1,450 linear feet. This is step one of a project that will assist in maintaining the bank edges
and will culminate with plantings in and around the ponds in year three of the project. The additional work
will bring the total amount of the Contract with Brightview to a not t o exceed amount of $117,554.00.
Funding:
A total of $100,000 was set aside for this project during the FY 2022 budgetary process. However,
revenues from golf operations have significantly exceeded budgetary expectations and can be used to
address the budgetary shortfall.
Account Information:
Fund Department Account Number Account
Description Amount
Country
Club
Golf Course
Maintenance L8045-66210 Construction &
Major Renovation $117,554.00
The attached Resolution and First Amendment to the Contract have been prepared and/or reviewed for legal
sufficiency by the Village Attorney.
Recommendation: Village Staff recommends Council adoption of the attached Resolution
approving an Amendment to the existing Contract with the Brightview Golf Maintenance, Inc. to
increase the scope of work by 250 linear feet at a total cost for the entire project of $117,554.00,
with funds expended from Account No. L8045-66210 (Golf Course Maintenance – Construction and
Major Renovation), and authorizing the Mayor and Village Clerk to execute the Amendment in
accordance with Village policies and procedures.
RESOLUTION 2022-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CONTRACT
WITH BRIGHTVIEW GOLF MAINTENANCE, INC. FOR POND REPAIR AND
STABILIZATION AT THE AT THE NORTH PALM BEACH COUNTRY CLUB
GOLF COURSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2022-09 on January 27, 2022, the Village Council
approved a Contract with BrightView Golf Maintenance, Inc. (“BrightView”) for 1,200 linear feet of
pond bank repair and stabilization services at the North Palm Beach Country Club Golf Course; and
WHEREAS, the parties wish to amend the Contract to include an additional 250 linear feet and increase
the total amount of compensation by $22,469.25; and
WHEREAS, the Village Council determines that adoption of this Resolution approving an Amendment
to the Contract with BrightView, including a waiver of any conflicting provisions of the Village’s
purchasing policies and procedures, is in the best interests of the residents 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 an Amendment to the Contract with BrightView
Golf Maintenance, Inc. for pond bank stabilization and repair at the County Club Golf Course to increase
the scope of the project by 250 linear feet at an additional cost of $22,469.25, bringing the total cost to
$117,554.00, with funds expended from Account No. L8045-66210 (Golf Course Maintenance –
Construction and Major Renovation). The Village Council further authorizes the Mayor and Village
Clerk to execute the Amendment, a copy of which is attached hereto and incorporated herein by
reference.
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 , 2022.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 2
AMENDMENT TO CONTRACT
THIS AMENDMENT is made as of the ____ day of ________________, 2022 by and between the
VILLAGE OF NORTH PALM BEACH, municipal corporation organized and existing under the laws
of the State of Florida, hereinafter referred to as VILLAGE, and BRIGHTVIEW GOLF
MAINTENANCE, INC. a Florida corporation, hereinafter referred to as CONTRACTOR, whose
Federal I.D. No is 95-2999239.
WHEREAS, on January 27, 2022, the VILLAGE and CONTRACTOR executed a Contract for pond
bank stabilization and repair services at the North Palm Beach Country Club Golf Course (“Contract”);
and
WHEREAS, the VILLAGE and CONTRACTOR have agreed to amend the Contract to expand the
scope of the project and increase the cost.
NOW, THEREFORE, in consideration of the mutual representations and obligations contained in the
Contract and this Amendment, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Article 1 of the Contract is hereby amended to modify the scope of Work to include 250
additional linear feet, for a total of 1,450 linear feet, as set forth in CONTRACTOR’s Proposal dated
April 25, 2022, attached hereto as Exhibit “A” and incorporated herein by reference.
2. Article 2 of the Contract is hereby amended to extend the term for an additional ninety (90) days
from the date of execution of this Amendment by both parties.
3. Article 3(A) of the Contract is hereby amended to increase the total amount of compensation to
be paid by the VILLAGE to CONTRACTOR by $22,469.25, thereby increasing the total amount of
compensation under the Contract to One Hundred and Seventeen Thousand Five Hundred and Fifty-
Four Dollars and No Cents ($117,554.00).
4. All other provisions of the Contract, to the extent not expressly modified herein, shall remain in
full force and effect.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Amendment as of the day and year first above written.
CONTRACTOR:
BRIGHTVIEW GOLF MAINTENANCE, INC.
BY:
Print Name:
Title:_____________________________
Page 2 of 2
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
DEBORAH SEARCY
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
VILLAGE ATTORNEY
BrightView Golf Improvements Proposal
To:Allan Bowman, Director of Golf
Company:North Palm Beach Country Club
Date:4.25.2022
Reference:
DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
SOX Land Bank Stabilization 1450'1 $117,554.00
Ecological Improvemnts
Total $117,554.00
Proposal Notes:
Fill material to be trucked in and staged at maintenance area
Ecological Improvements will use NPBCC equipment to move fill material
NPBCC to provide and install sod on disturbed area. Contractor will lay sod on the toe of slope.
NPCC responsible for all irrigation related activity…staking, repair, irrigation of new sod.
Certified General Contractor #CGC-062119
Owner's approval:Date:
4993 S.W. MARTIN COMMONS WAY
PALM CITY, FL 34990
(772) 285-1871
RESOLUTION 2022-09
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM BRIGHTVIEW
GOLF MAINTENANCE, INC. FOR POND REPAIR AND STABILIZATION AT THE
AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A
CONTRACT FOR SUCH SERVICES; WAIVING THE VILLAGE'S PURCHASING
POLICES AND PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, BrightView Golf Maintenance, Inc. ("BrightView"), the Village's golf course maintenance
contractor, provided a proposal for pond bank repair and stabilization at the North Palm Beach Country
Club Golf Course, and Village Staff recommended accepting the proposal submitted by BrightView; and
WHEREAS, the Village Council determines that adoption of this Resolution accepting the proposal from
BrightView is in the best interests of the residents 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 BrightView Golf
Maintenance, Inc. for the purchase of materials and services necessary to complete pond bank
stabilization and repair at the Country Club Golf Course at a total cost of $95,084.75, with funds
expended from Account No. L8045-66210 (Golf Course Maintenance — Construction and Major
Renovation). The Village Council further authorizes the Mayor and Village Clerk to execute a Contract
for such services, a copy of which is attached hereto and incorporated herein by reference.
Section 3. In approving this purchase, the Village Council hereby by waives any conflicting
provisions of the Village's purchasing policies and procedures.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 27"H DAY OF JANUARY, 2022.
R_..
0.
r G e L 6A ;° MAYOR
r
ATTEST:
I VILLAGt CLERK
DocuSign Envelope ID: AAOA6A37-BF79-4BC1-BFC1-1DO9AOOBOAE1
CONTRACT
THIS CONTRACT is made as of the 27th day of January, 2022 by and between the VILLAGE OF
NORTH PALM BEACH, municipal corporation organized and existing under the laws of the State of
Florida, hereinafter referred to as VILLAGE, and BRIGHTVIEW GOLF MAINTENANCE, INC. a
Florida corporation, hereinafter referred to as CONTRACTOR, whose Federal I.D. No is 95-2999239.
WHEREAS, the VILLAGE is need of services and materials for pond bank repair and stabilization from
at the North Palm Beach Country Club Golf Course; and
WHEREAS, CONTRACTOR is the current provider of Golf Course Maintenance Services, and
CONTRACTOR has provided the VILLAGE with a proposal to perform the work; and
WHEREAS, the VILLAGE wishes to retain CONTRACTOR to perfon-n the work outlined in its
proposal, pursuant to the terms and conditions of this Contract, based on its familiarity with the Golf
Course specifications and its maintenance responsibilities.
NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR.
CONTRACTOR shall perform those services outlined in its Proposal dated September 28, 2021,
attached hereto as Exhibit "A" and incorporated herein by reference ("Work"). CONTRACTOR shall
perfon-n the Work to that degree of care and skill ordinarily exercised, under similar circumstances, by
reputable members of its vocation practicing in the same or similar locality at the time such services are
performed.
ARTICLE 2. TERM OF CONTRACT.
The term of this Contract shall commence upon the VILLAGE's issuance of a Notice to Proceed and
shall remain in effect until CONTRACTOR completes all services within the scope of this Contract to
the satisfaction of the VILLAGE, unless otherwise terminated in accordance with Article 8.
CONTRACTOR shall complete the Work within ninety (90) calendar days after the issuance of the
Notice to Proceed.
ARTICLE 3. COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate CONTRACTOR in accordance with CONTRACTOR's
Proposal in an amount not to exceed Ninety -Five Thousand Eighty -Four Dollars and Seventy -Five Cents
94, 084.75).
B. CONTRACTOR shall invoice the VILLAGE on a monthly basis based on the percentage of
work performed. Invoices received from CONTRACTOR pursuant to this Contract will be reviewed
and approved by the VILLAGE's representative, indicating that the Work has been provided and
rendered in conformity with the Contract and then will be sent to the Finance Department for payment.
CONTRACTOR will invoice the VILLAGE in advance for each payment period. Invoices will normally
be paid within thirty (30) days following the VILLAGE representative's approval.
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C. Work undertaken or expenses incurred that exceeds an amount set forth in the Proposal without
prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR.
D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other
matters in question arising out of or relating to this Contract.
E. 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 Work
has been properly performed and all charges have been invoiced to the VILLAGE. Since this account
will thereupon be closed, any and other furthcr 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 provision of the Work.
ARTICLE 4. INSURANCE.
A. Prior to execution of this Contract by the VILLAGE, CONTRACTOR shall provide certificates
evidencing insurance coverage as required hereunder. All insurance policies shall be issued by
companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly
indicate that CONTRACTOR has obtained insurance of the type, amount, and classification as required
for strict compliance with this Article and that no material change or cancellation of the insurance shall
be effective without thirty (30) days prior written notice to the VILLAGE'S representative. Compliance
with the foregoing requirements shall not relieve CONTRACTOR of its liability and obligations under
this Contract.
B. CONTRACTOR shall maintain, during the life of this Contract, Commercial General Liability
insurance in the amount of $1,000,000.00 in aggregate to protect CONTRACTOR from claims for
damages for bodily and personal injury, including wrongful death, as well as from claims of property
damages which may arise from any operations under this Contract, whether such operations be by
CONTRACTOR or by anyone directly employed by or contracting with CONTRACTOR.
C. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $1,000,000 combined single limit for bodily injury and
property damages liability to protect CONTRACTOR from claims for damages for bodily and personal
injury, including death, as well as from claims for property damage, which may arise from the ownership,
use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such
operations be by CONTRACTOR or by anyone directly or indirectly employed by CONTRACTOR.
D. The parties to this Contract shall carry Workers' Compensation Insurance and Employer's
Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not
carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall. in
accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the
Department of Insurance and shall provide a copy of such exemption to the VILLAGE.
E. All insurance, other than Worker's Compensation, to be maintained by CONTRACTOR shall
specifically include the VILLAGE OF NORTH PALM BEACH as an "Additional Insured".
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DocuSign Envelope ID: AAOA6A37-BF79-4BC1-BFC1-1DO9AOOBOAE1
ARTICLE 5. PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expcnse, all necessary personnel
required to perform the Work under this Contract. Such personnel shall not be employees of or have any
contractual relationship with the VILLAGE.
B. All of the Work required hereunder shall be performed by CONTRACTOR or under its
supervision, and all personnel engaged in performing the Work (including subcontractors) shall be fully
qualified and, if required, authorized or permitted under state and local law to perform such Work.
C. All of CONTRACTOR's personnel (and all subcontractors) while on VILLAGE premises, will
comply with all applicable requirements governing conduct, safety, and security, provided, however, that
CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
ARTICLE 6. INDEMNIFICATION.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save hanmless 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 the
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.
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 waiver provided in § 768.28, Florida
Statutes.
ARTICLE 7. INDEPENDENT CONTRACTOR.
CONTRACTOR is, and shall be, in the performance of services pursuant to this Contract, an independent
contractor and not an employee, agent or servant of the VILLAGE. All persons engaged in any services
performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR's
sole discretion, supervision and control, and CONTRACTOR shall exercise sole control over the means
and manner in which its employees, consultants and subcontractors perform such services.
ARTICLE 8. TERMINATION.
This Contract may be terminated by CONTRACTOR upon ten (10) days' prior written notice to the
VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in accordance
with the terms of this Contract through no fault of CONTRACTOR. It may also be terminated, in whole
or in part, by the VILLAGE, with or without cause, upon ten (10) days' written notice to the
CONTRACTOR. Unless CONTRACTOR is in breach of this Contract, CONTRACTOR shall be paid
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DocuSign Envelope ID: AAOA6A37-BF79-4BC1-BFC1-1DO9AOOBOAE1
for Work rendered to the VILLAGE's satisfaction through the date of termination. After receipt of a
Termination Notice and except as otherwise directed by the VILLAGE, CONTRACTOR shall:
A. Stop work on the date and to the extent specified;
B. Terminate and settle all orders and subcontracts relating to the performance of the terminated
work;
C. Transfer all work in progress, completed work, and other materials related to the terminated work
to the VILLAGE; and
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 9. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Contract. Except as
above, neither the VILLAGE nor CONTRACTOR shall assign, sublet, convey or transfer its interest in
this Contract without the written consent of the other. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor
shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and
CONTRACTOR.
ARTICLE 1.0. ACCESS AND AUDITS.
CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in
estimating and performing the Work for at least three (3) years after completion of this Contract. The
VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the
purpose of inspection or audit during normal business hours, at CONTRACTOR's place of business. In
no circumstances will CONTRACTOR be required to disclose any confidential or proprietary
information regarding its products and service costs.
ARTICLE 11. ENFORCEMENT COSTS.
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.
ARTICLE 12. PROTECTION OF WORK AND PROPERTY.
A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage, and
shall protect the VILLAGE's property and adjacent private and public property from injury or loss
arising in connection with the Contract. Except for any such damage, injury, or loss, except that which
may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the
CONTRACTOR shall provide any necessary materials to maintain such protection.
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B. CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE,
public and other guests and invitees thereof at or near the areas where work is being accomplished during
and throughout the completion of all work.
ARTICLE 1.3. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent
to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Andrew D. Lukasik, Village Manager
Village Hall
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the CONTRACTOR shall be mailed to:
BrightView Golf Maintenance, Inc.
24151 Ventura Boulevard
Calabasas, CA 91302
Attention: Greg Pieschala, President
The foregoing names and addresses may be changed if such change is provided in writing to the other
ply,
ARTICLE 14. ENTIRETY OF CONTRACTUAL AGREEMENT,
The VILLAGE and CONTRACTOR agree that this Contract, including all documents referenced herein,
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.
ARTICLE 15. "TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity,
firm or corporation to which they relate as the context may require. Wherever the context may require,
the singular shall mean and include the plural and the plural shall mean and include the singular. The
term "Contract" as used herein, as well as the terms "herein", "hereof", "hereunder", "hereinafter" and
the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and
made a part hereof. The captions and paragraph headings are for reference and convenience only and do
not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning
or interpretation of this Contract.
ARTICLE 16. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
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ARTICLE 1.7. MATERIALITY.
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply
with any of the provisions contained in this Contract or exhibits, amendments and addenda attached
hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option
and without notice terminate this Contract.
ARTICLE 18. EXHIBITS AND CONTRACT DOCUMENTS.
All exhibits and other documents referred to in this Contract form an essential part of this Contract. The
exhibits and other documents, if not physically attached, should be treated as part of this Contract and
are incorporated herein by reference.
ARTICLE 19. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of the Village
of North Palm Beach.
ARTICLE 20. SURVIVABILITY.
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.
ARTICLE 21. WAIVER OF SUBROGATION.
CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers,
employees and agents for each required policy. When required by the insurer, or should a policy
condition not permit an insured to enter into a pre -loss agreement to waive subrogation without an
endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed
with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of
Subrogation requirement shall not apply to any policy, which a condition to the policy specifically
prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement
on a pre -loss basis.
ARTICLE 22. WARRANTY.
CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will
be free of defects in material and workmanship for a period of one (1) year following completion of the
Work and successful final inspection, or as otherwise stated in the Proposal. Should any Work fail to
comply with this warranty during the warranty period of one (1) year, upon written notification from the
VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or
workmanship at CONTRACTOR's sole expense.
ARTICLE 23. REPRESENTATIONSBINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal right to
execute and deliver this Contract and perform all of its obligations under this Contract.
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ARTICLE 24. GOVERNING LAW, VENUE AND REMEDIES.
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce this Contract will be held in Palm Beach County,
B. 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. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive any
right they may have to a trial by jury with respect to any litigation arising out of or in connection
with this Contract.
ARTICLE 25. FEDERAL AND STATE TAXES.
The VILLAGE is exempt from federal tax and state sales tax and use taxes. Upon request, the VILLAGE
shall provide an exemption certificate to CONTRACTOR. CONTRACTOR is not exempt from paying
sales tax to its suppliers for materials used to fulfill its obligations under this Contract, nor shall
CONTRACTOR be authorized to use the VILLAGE's tax exemption number in securing such materials.
ARTICLE 26. INSPECTOR GENERAL
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 Documents justifying termination.
ARTICLE 27. PUBLIC RECORDS.
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.
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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 tern 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.
ARTICLE 28. E -VERIFY
CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.495, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E -Verify System (E-Verify.gov) to electronicaIIy
verify the employment eligibility of newly hired employees and has received an affidavit from each
subcontractor stating that the subcontractor does not employ, contract with or subcontract with an
unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly
violated Section 448.09(l), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to
Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith belief
that a subcontractor has knowingly violated Section 448.09(l), Florida Statutes, but CONTRACTOR
has otherwise complied, it shall notify CONTRACTOR, and CONTRACTOR shall immediately
terminate its contract with the subcontractor.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
CONTRACTOR:
f]°cu5ipned Dy:
BRIGHTVIEW Go MANCE, INC.
Dw
Print Name:
Title:
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VILLAGE OF NORTH PALM BEACH
OacuSigned by:
BY: vont Qv
DARRYL
MAYOR
ATTEST:
ri
Dacu5lgned by:
u
BY:
JESSICA G N,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFI I a nby:
BY:-otna iin
VILLAGE ATTORNEY
Page 9 of 9
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS
TO: Honorable Mayor and Council
THRU: Andrew Lukasik, Village Manager
DATE: May 12, 2022
FROM: Chuck Huff, Director Public Works
SUBJECT: RESOLUTION – Approval of an Agreement with Thompson Consulting Services, LLC for Disaster Debris Management and Support Services pursuant to terms, conditions and pricing set forth in existing Agreement with the Solid Waste Authority of Palm Beach County.
Village Staff is seeking Council approval of the attached Resolution approving an Agreement with
Thompson Consulting Services, LLC for Disaster Debris Management and Support Services. The
existing agreement between the Village and Thompson Consulting expired on May 7, 2022.
The Solid Waste Authority of Palm Beach County (SWA) recently completed a competitive solicitation
(RFP No. 22-202/DL) for Disaster Debris Management and Support Services and awarded a new
contract to Thompson Consulting Services. The term of this contract is from May 8, 2022 through May
7, 2025. Village Staff is seeking authority to entering into an Agreement with Thompson Consulting
Services utilizing the terms, conditions and pricing of the recently executed SWA contract.
The scope of work under this Agreement includes: supporting the Village of North Palm Beach during
a disaster recovery effort; coordinating with Phillips and Jordan, the Village’s vendor for debris removal
services; and ensuring the overall monitoring of debris collection and disposal is within FEMA guidelines
to maximize the recovery of reimbursable expenses.
There is no cost for this Agreement unless the Village declares an emergency and mobilizes Thompson
Consulting Services to provide assistance.
The attached Resolution and Agreement have been prepared and/or reviewed for legal sufficiency by
the Village Attorney.
Recommendation:
Village Staff recommends Council consideration and approval of the attached Resolution
approving an Agreement for Disaster Debris Management and Support Services with Thompson
Consulting Services, LLC utilizing the pricing, terms and conditions of an existing Agreement
with Solid Waste Authority of Palm Beach County and authorizing the Mayor and Village Clerk
to execute the Agreement in accordance with Village policies and procedures.
RESOLUTION 2022-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THOMPSON
CONSULTING SERVICES, LLC FOR DISASTER DEBRIS MANAGEMENT AND
SUPPORT SERVICES IN ACCORDANCE WITH THE TERMS, CONDITIONS AND
PRICING SET FORTH IN AN EXISTING AGREEMENT WITH THE SOLID WASTE
AUTHORITY OF PALM BEACH COUNTY; AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE
VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village wishes to obtain debris management and support services in the event of a
hurricane or other disaster; and
WHEREAS, in obtaining such services, the Village wishes to piggy-back an existing agreement between
Thompson Consulting Services, LLC (“Consultant”) and the Solid Waste Authority of Palm Beach
County (Agreement No. 22-202) (“SWA Contract”); and
WHEREAS, Consultant has agreed to provide the Village with debris management and support services
under the same terms and conditions as the SWA Contract; and
WHEREAS, the Village determines that the execution of an Agreement with Consultant, incorporating
the terms and conditions of the SWA Contract, is in the best interests of the public health, safety and
welfare.
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 an
Agreement between the Village and Thompson Consulting Services, LLC to provide for disaster debris
management and support services and authorizes the Mayor and Village Clerk to execute the Agreement
on behalf of the Village. A copy of the Agreement is attached hereto and incorporated herein by
reference.
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 ______________, 2022.
(Village Seal)
MAYOR
ATTEST:
_________________________
VILLAGE CLERK
Page 1 of 5
AGREEMENT FOR DISASTER DEBRIS MANAGEMENT
AND SUPPORT SERVICES
THIS AGREEMENT is made as of this _______ day of _____________, 2022, by and
between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach,
Florida 33408, a Florida municipal corporation (“VILLAGE”), and Thompson Consulting
Services, LLC, 2601 Maitland Center Parkway, Maitland, Florida 32751, a Delaware limited
liability company (“CONSULTANT”), whose Federal Employer Identification Number is 45-
2015453.
RECITALS
WHEREAS, the VILLAGE is in need of a consultant to provide debris management and
support services, including, but not limited to, project/operations management, collection
monitoring, debris vehicle certification, data compilation and reporting, and payment monitoring
and reconciliation; and
WHEREAS, the Solid Waste Authority of Palm Beach County (“SWA”), through its
competitive selection process, awarded County Contract No. 22-202 to CONSULTANT for the
County’s debris management and monitoring support (“SWA Contract”); and
WHEREAS, CONSULTANT has agreed to provide such services to the VILLAGE based
on the terms and conditions, including pricing, set forth in the SWA Contract; and
WHEREAS, the VILLAGE desires to accept CONSULTANT’s proposal by piggy-
backing the SWA Contract as authorized by the VILLAGE’s purchasing policies and procedures.
NOW THEREFORE, in consideration of the mutual promises set forth herein, and other
good and valuable consideration, 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. Solid Waste Authority of Palm Beach County Contract.
The parties agree and acknowledge that this Agreement incorporates and includes all of the terms
and conditions, including pricing, set forth in Debris Management and Support Services
Agreement No. 22-202 dated April 26, 2022 between the Solid Waste Authority of Palm Beach
County and CONSULTANT (“SWA Contract”), a copy of which is attached hereto as Exhibit “1”
and incorporated herein by this reference.
Page 2 of 5
3. CONSULTANT’s Performance
CONSULTANT shall provide those services set forth in the Scope of Services incorporated into
the SWA Contract as may be specifically requested upon written notice from the VILLAGE.
4. Compensation to CONSULTANT.
A. Payments by the VILLAGE to CONSULTANT under this Agreement shall not exceed the
Fee Schedule set forth in the SWA Contract.
B. For work performed pursuant to this Agreement, CONSULTANT shall submit invoices to
the VILLAGE on at least a monthly basis for review and approval by the VILLAGE’s
representative, indicating that the services have been provided and rendered in conformity with
this Agreement. The invoices shall be transmitted to the Finance Department for payment.
C. Invoices will normally be paid within thirty (30) days following the VILLAGE
representative’s approval. CONSULTANT waives consequential or incidental damages for
claims, disputes or other matters in question arising out of or relating to this Agreement. In order
for both parties herein to close their books and records, CONSULTANT will clearly state “final
invoice” on CONSULTANT’s final/last billing to the VILLAGE. This certifies that all 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 CONSULTANT. The VILLAGE will not be liable for any invoice
from CONSULTANT submitted thirty (30) days after the provision of all services.
5. Period and Renewals.
This Agreement shall be for the term as indicated in the SWA Contract, effective upon execution
by both parties. Extensions or renewals to the SWA Contract or any modification including new
products, terms, or price changes to the SWA Contract shall be submitted by CONSULTANT to
the VILLAGE for approval. In the SWA Contract expires and no new contract is let by the County,
the VILLAGE reserves the right, upon written agreement with CONSULTANT to renew this
Agreement under the same terms and conditions for an additional period of one (1) year. All prior
Agreements between the VILLAGE and CONSULTANT are hereby repealed as of the effective
date of this Agreement.
6. Insurance.
CONSULTANT shall obtain and maintain during the term of this Agreement all insurance required
under the SWA Contract, with the VILLAGE named as an additional insured.
7. Indemnification.
To the fullest extent permitted by applicable laws and regulations, CONSULTANT 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
Page 3 of 5
of or in any way related to the services furnished by CONSULTANT pursuant to this Agreement,
including, but not limited to, those caused by or arising out of any act, omission, negligence or
default of CONSULTANT and/or its subcontractors, agents, servants or employees.
CONSULTANT 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 provided for in this Agreement as well as the termination of this
Agreement for any reason. Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party against either the VILLAGE or
CONSULTANT, nor shall this Agreement be construed a waiver of sovereign immunity beyond
the limited waiver provided in § 768.28, Florida Statutes.
8. Contract Administration.
The services of CONSULTANT shall be under the general direction of the VILLAGE’s Director
of Public Works, who shall act as the VILLAGE’s representative during the terms of this
Agreement.
9. Conflict of Terms and Conditions.
In the event of any conflict between the terms and conditions of this Agreement and the terms and
conditions of the SWA Contract, the terms and conditions of this Agreement shall control.
10. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Agreement shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. 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 Agreement, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Agreement, 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. All notices, demands, communications or requests required or permitted under this
Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid,
to the addresses appearing on the first page of this Agreement.
Page 4 of 5
E. The VILLAGE and CONSULTANT agree that this Agreement 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 Agreement may be
added to, modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto. Any provision of this Agreement which is of a continuing nature or imposes an
obligation which extends beyond the term of this Agreement shall survive its expiration or earlier
termination.
F. In performing services pursuant to this Contract, CONSULTANT shall comply with all
relevant provisions of Chapter 119, Florida Statutes. IF CONSULTANT HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO CONSULTANT’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.
As required by Section 119.0701, Florida Statutes, CONSULTANT shall:
(1) Keep and maintain public records 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
CONSULTANT 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 CONSULTANT or keep and maintain public records
required by the VILLAGE to perform the services. If CONSULTANT transfers all
public records to the VILLAGE upon completion of the Contract, CONSULTANT
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If CONSULTANT keeps and
maintains public records upon completion of the Contract, CONSULTANT 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
IN WITNESS WHEREOF, the VILLAGE and CONSULTANT hereto have made and executed
this Agreement for Disaster Debris Management and Support Services for the Village of North
Palm Beach as of the day and year first above written.
CONSULTANT:
THOMPSON CONSULTING SERVICES, LLC
BY:
Print Name:__________________________
Position:_____________________________
VILLAGE:
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
DEBORAH SEARCY
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
LEONARD G. RUBIN
VILLAGE ATTORNEY
VILLAGE OF NORTH PALM BEACH
PARKS AND RECREATION DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Zakariya Sherman, Director of Leisure Services
DATE: May 12, 2022
SUBJECT: RESOLUTION – FRDAP Grant Purchase – Osborne Park Basketball Court Renovation
The Village has been approved for a $50,000 (no match) State of Florida Recreation Development
Assistance Program (FRDAP) Grant for the renovation of the Osborne Park Basketball court.
Background:
As part of the project, the basketball court surface at Osborne Park needs to be re-asphalted. Staff
received the following proposals for this project:
Vendor Cost
All County Pavement Management Solutions $29,997.00
Papico Construction Inc. $54,000.00
Pricing:
The proposal from All County Pavement Management Solutions is pursuant to pricing established in an
existing contract with the Palm Beach County School District (Bid No. 20C-46V) expiring June 21, 2023.
The Village’s purchasing policies and procedures authorize concurrent competitive purchasing on other
state and local government contracts. A secondary quote was obtained from a qualified vendor to verify
“fair market value” as required by the Village’s purchasing policies and procedures.
A rendering of their proposed scope of work is attached.
Funding:
There is no net impact on the General Fund budget. The attached budget amendment appropriates
$50,000 in a Special Revenue Recreation Grant Fund to set aside monies for this reimbursable grant:
Budget Amendment – Recreation Grant Fund:
Account Description Use Source
U2124-33025 Osborne Park Grant Revenue – FRDAP $50,000
U8024-66000 Osborne Park Grant Expense – Capital $50,000
Total $50,000 $ 50,000
The attached Resolution has been prepared/reviewed by your Village Attorney for legal sufficiency.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution accepting
the proposal submitted by All County Pavement Management Solutions to replace the Osborne
Park basketball surface at a total cost of $29,997.00 with funds expended from Account No. U8024-
66000 (Osborne Park Grant Expense - Capital), authorizing the Mayor and Village Clerk to execute
the required budget amendment to provide funds for the project and authorizing the Mayor and
Village Clerk to execute a Contract relating to such services in accordance with Village policies
and procedures.
Page 1 of 2
RESOLUTION 2022-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A PROPOSAL FROM M &
M ASPHALT MAINTENANCE, INC. D/B/A ALL COUNTY PAVING FOR
THE RENOVATION OF THE OSBORNE PARK BASKETBALL COURT
PURSUANT TO PRICING ESTABLISHED IN AN EXISTING PALM BEACH
COUNTY SCHOOL DISTRICT CONTRACT; AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH
SERVICES; APPROVING A BUDGET AMENDMENT TO THE RECREATION
GRANT FUND TO REFLECT THE RECEIPT AND APPROPRIATION OF
FRDAP GRANT FUNDS TO FACILITATE THE PURCHASE; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village was awarded a non-matching $50,000.00 Florida Recreation Department
Assistance Program (FRDAP) Grant for the renovation of the basketball court as Osborne Park;
and
WHEREAS, Village Staff recommends accepting the proposal from M & M Asphalt Maintenance,
Inc. d/b/a All County Paving for the basketball court renovation utilizing pricing established in an
existing Palm Beach County School District Contract for Paving and Drainage Services (Contract
No. 20C-46V) at a total cost of $29,997.00; and
WHEREAS, in order to fund the purchase, the Village Council wishes to amend the Recreation
Grant Fund Budget to account for the receipt and appropriation of the grant funds; 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 accepts the proposal from M & M Asphalt
Maintenance, Inc. d/b/a All County Paving for the renovation of the Osborne Park basketball court
utilizing pricing established in an existing Palm Beach County School District Contract for Paving
and Drainage Services (Contract No. 20C-46V) at a total cost of $29,997.00, with funds expended
from Account No. U8024-66000 (Osborne Park Grant Expense – Capital). The Village Council
further authorizes the Mayor and Village Clerk to execute a Contract for such services, a copy of
which is attached hereto and incorporated herein.
Section 3. In order to reflect the receipt and appropriation of grant funds, the Village Council
hereby approves the following budget amendment:
Page 2 of 2
Budget Amendment – Recreation Grant Fund:
Account Description Use Source
U2124-33025 Osborne Park Grant Revenue – FRDAP $50,000
U8024-66000 Osborne Park Grant Expense – Capital $50,000
Total $50,000 $ 50,000
Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the
budget amendment for and on behalf of the Village of North Palm Beach.
Section 5. All resolutions in conflict with this Resolution are hereby repealed to the extent of
such conflict.
Section 6. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2022.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 6
CONTRACT
This Contract is made as of this _______ day of ______________, 2022, 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 M & M ASPHALT
MAINTENANCE, INC. D/B/A ALL COUNTY PAVING, 1180 S.W. 10th Street, Delray Beach,
Florida 33444, a Florida corporation (hereinafter “CONTRACTOR”), whose F.E.I. Number is 61-
1595442.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor for the renovation of the basketball court at
Osborne Park; and
WHEREAS, the School District of Palm Beach County, through its competitive selection process,
awarded a Contract for Paving and Drainage Services (Contract No. 20C-46V) to
CONTRACTOR; and
WHEREAS, the VILLAGE requested that the CONTRACTOR provide a proposal for the
renovation of the basketball court at Osborne Park based on the pricing established in the School
District 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 School District 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. School District Contract. The School District of Palm Beach County’s Contract for Paving
and Drainage Services (Contract No. 20C-46V) 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 School District Contract and at the
direction of the VILLAGE, CONTRACTOR shall perform the renovation work in accordance with
its Proposal dated March 8, 2022 (No. TS-136Rev1), a copy of which is attached hereto as Exhibit
“B” and incorporated herein by reference.
B. The total cost of such services shall not exceed $29,997.00.
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 and shall be completed within ninety (90) calendar days.
Page 2 of 6
4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
A. This Contract
B. Exhibit “A” (School District Contract)
C. Exhibit “B” (CONTRACTOR’s Proposal)
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 provision of all
goods and services.
6. Period and Renewals. This Contract shall be for the term as indicated in the School District
Contract. Extensions or renewals to the School District Contract or any modification including
new products, terms, or price changes to the School District Contract shall be submitted by
CONTRACTOR to the VILLAGE for approval. In the event the School District Contract expires
and no new contract is let by the School District, 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 School District 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
Page 3 of 6
survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
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 provided 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 School District 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. The parties knowingly, voluntarily and intentionally waive any right they may have
to trial by jury with respect to any litigation arising out of or in connection with this Contract.
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.
Page 4 of 6
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
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 records 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
Page 5 of 6
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.
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.
I. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are
in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from
each subcontractor stating that the subcontractor does not employ, contract with or subcontract
with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has
knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this
Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE
has a good faith believe that a subcontractor has knowingly violated Section 448.09(1), Florida
Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and
CONTRACTOR shall immediately terminate its contract with the subcontractor.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
M & M ASPHALT MAINTENANCE, INC. D/B/A ALL COUNTY PAVING
By:
Print Name:__________________________
Position:_____________________________
VILLAGE OF NORTH PALM BEACH
By: ________________________________
DEBORAH SEARCY
MAYOR
ATTEST:
BY:________________________________
VILLAGE CLERK
Page 6 of 6
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
Stephen Poh
Village Of North Palm Beach
603 Anchorage Drive
Village of North Palm Beach,FL 33408
spoh@village-npb.org
561-904-2128
PROPOSAL NUMBER: TS-136Rev1
South FL. Corporate Office
1180 SW 10th St.
Delray Beach, FL 33444
561-588-0949
Paving Advisor
Josh Marfleet
T: +1 561-302-9361
E: jmarfleet@allcountypaving.com
www.ALLCOUNTYPAVING.com
PROJECT INFORMATION:Osborne Park Basketball Court
715 Prosperity Farms Road
North Palm Beach,FL 33408
Mar 8, 2022
SCOPE OF WORK:
PROJECT COORDINATION:1. Assign project manager to handle the project.2. Provide break-out site plans with work schedules for the project.3. Have a pre-construction meeting with the customer’s designated representative and any interested parties.4. Determine staging area for the equipment.
STANDARD MOT:
1. Set up standard MOT to include barricades and/or cones.
MILL ENTIRE SECTION: Up to 1,486 Sq. Yds. 1. Mill entire section up to 1 inches average2. Mill & dispose limerock in north section if required.3. Haul away all debris.
ASPHALT PAVING: Up to 1,486 Sq. Yds.
1. Tack areas with DOT approved primer tack.
2. Level any depressed areas prior to overlay.
3. Install 1 average hot plant mixed asphalt S-III
4. Roll and compact areas using a steel drum and rubber tire roller.
5. Remove any related debris from site
6. NOTE: Does not include any pavement markings, fencing removal or re-installation, no topsoil, sod, or irrigation restoration.
Stephen Poh
Village Of North Palm Beach
603 Anchorage Drive
Village of North Palm Beach,FL 33408
spoh@village-npb.org
561-904-2128
PROPOSAL NUMBER: TS-136Rev1
South FL. Corporate Office
1180 SW 10th St.
Delray Beach, FL 33444
561-588-0949
Paving Advisor
Josh Marfleet
T: +1 561-302-9361
E: jmarfleet@allcountypaving.com
www.ALLCOUNTYPAVING.com
Stephen Poh
Village Of North Palm Beach
603 Anchorage Drive
Village of North Palm Beach,FL 33408
spoh@village-npb.org
561-904-2128
PROPOSAL NUMBER: TS-136Rev1
South FL. Corporate Office
1180 SW 10th St.
Delray Beach, FL 33444
561-588-0949
Paving Advisor
Josh Marfleet
T: +1 561-302-9361
E: jmarfleet@allcountypaving.com
www.ALLCOUNTYPAVING.com
Stephen Poh
Village Of North Palm Beach
603 Anchorage Drive
Village of North Palm Beach,FL 33408
spoh@village-npb.org
561-904-2128
PROPOSAL NUMBER: TS-136Rev1
South FL. Corporate Office
1180 SW 10th St.
Delray Beach, FL 33444
561-588-0949
Paving Advisor
Josh Marfleet
T: +1 561-302-9361
E: jmarfleet@allcountypaving.com
www.ALLCOUNTYPAVING.com
PROPOSAL TOTAL We propose to furnish the material and perform the labor necessary for the completion of project in accordance to specifications, and subject to conditions stated herein for the sum of:
$ 29,997.00
TOTAL OF SELECTED OPTIONS:
CONTRACT TOTAL TO INCLUDE SELECTED OPTIONS:
$
*Customer to enter $0.00 if no options selected
$
AUTHORIZATION TOPROCEED & CONTRACT:
All Prices quoted are valid for 30 days from the date of this proposal. This proposal price is based on work being completed during the hours of 7:00 AM and 6:00 PM, Monday-Friday, excluding holidays. Additional fees will apply if work is required to be completed at night or on the weekends. Please contact your sales representative for details.
ACCEPTED: Prices, specifications, terms, and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. We agree to pay the total sum or balance in full upon completion of this project. Payment will be made as outlined below.
PAYMENT TERMS:Payment Due Upon Completion
BILLING INFORMATION:
Billing Company & Contact Name:
Billing Street Address:
Billing City, State, Zip:
Billing Phone Number:
Billing Contact E-mail
Select if email invoice is preferred
_________________________________________Signature of Approval by Customer
____________________________________Printed Name & Title/Position
____________________________________Date
Stephen Poh
Village Of North Palm Beach
603 Anchorage Drive
Village of North Palm Beach,FL 33408
spoh@village-npb.org
561-904-2128
PROPOSAL NUMBER: TS-136Rev1
South FL. Corporate Office
1180 SW 10th St.
Delray Beach, FL 33444
561-588-0949
Paving Advisor
Josh Marfleet
T: +1 561-302-9361
E: jmarfleet@allcountypaving.com
www.ALLCOUNTYPAVING.com
TERMS AND CONDITIONS
CUSTOMER INSTRUCTIONS AND INFORMATION
Work Area Preparation
1. All County needs suitable access to the work area, and if it is dependent upon, or in conjunction with the work of others, such work shall be performed and completed prior to arrival, so All County
can work uninterrupted in a single shift operation.
2. All vehicles must be removed from the work area no later than 7:15 am, unless otherwise agreed, to deliver the project work on schedule.
3. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call to remove cars from the scheduled work zone as necessary. The Customer is financially responsible for towing
services and any created delays. If any cars are left on the area of work, All County Paving cannot beheld responsible for any damage to the vehicle.
4. All County Paving will not be responsible for persons entering the work area, tracking of materials or paint, or any damages to cars or persons trespassing in the designated areas.
5. Existing asphalt or concrete cracks with vegetation growing in them should be prepared with several treatments of weed killer prior to All County Paving arrival.
6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project. The surface must be dry for our arrival as areas where the
newly sealed pavement is wet may wear prematurely.
7. Suspend lawn cutting during the work period.
8. Please make sure street sweepers are cancelled during the sealcoating projects and should not be used on newly sealcoated areas.
9. Dumpsters in the scheduled area must be removed or moved to another area. Dumpsters not moved, will be subject to additional fees.
Customer Expectation
1. New pavement is susceptible to scuffing and marks until it has properly cured.
2. Large cracks in the existing asphalt may reflect through the new asphalt in time.
3. There will be a tire ‘tracking’-this cannot be avoided, but the tracking marks will disappear in time.
4. The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application. If sealcoat is desired later, All County Paving will be happy to quote you separately.
5. Sealcoating is not a crack filler. All existing cracks in the pavement will still be visible after sealcoating.
6. All County Paving cannot guarantee elimination of standing water.
7. All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of (1) year, excluding normal wear & tear.
8. All County guarantees all workmanship and materials for up to (1) year, excluding normal wear & tear. Warranty starts at conclusion of work and is not valid until payment has been made in full. 9. A certificate of Insurance will be issued upon request prior to commencement of work.
CONTRACT TERMS AND CONDITIONS
1. Our proposals are limited to include items only, anything not specifically included is excluded from contract. Any alteration or deviation from proposal specifications involving extra costs,will be
executed only upon written orders, and will become an extra charge over and above the estimate.
2. The proposal or contract provided, including all stated terms and conditions, shall become a legally binding attachment to any contract entered between All County Paving and the financially
responsible company for which the work will be performed.
3. All County Paving recommends a Civil Engineer be retained for ADA upgrades. As such All County Paving makes no claim that ADA upgrades will meet any/all local,state and federal guidelines on
ADA compliance.
4. For projects requiring city or county permits, All County Paving will coordinate the process and charge an Actual Permit & Procurement Fee of $495.00 per permit, plus actual cost of permit(s). Any
additional work required by the permit(s) will be extra to the contract amount.
5. Any work performed by All County Paving which work is on public property, the (Client/Owner) agrees and understands that the project property which it owns shall be charged with all indebtedness
here under.
6. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shall be entitled to collect its attorneys' fees and all costs of litigation from the other party, including
appellate attorneys' fees.
7. All accounts past due will incur a finance charge of 18% per annum.
8. All County Paving reserves the right to withdraw the proposal at any time prior to the commencement of work should material price fluctuations rise significantly.
9. All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance.
10. Any additional mobilizations for Paving will be billed at a rate of $5,500.00 each.
11. Any additional mobilizations for Sealcoating will be billed at a rate of $1,750.00 each.
12. Delays to All County Paving of a Maintenance Crew shall be paid at a rate of $200.00 per half hour and delays to All County Paving of a Paving and/or Milling Crew shall be paid at a rate of $350.00
per half hour by the customer.
13. Any broken car stops will be replaced at an additional cost of $60.00 each.
14. There will be a charge of $47.50 above the Contract amount to dispose of used materials at an approved environmentally compliant waste facility.
15. Due to the fluctuations in the petroleum markets, All County Paving reserves the right to impose a fuel surcharge.
16. Reflective Pavement Markers are excluded from the warranty. Any additional reflective pavement markers that are required by the city code will be an additional charge of $10.00 each to the
contract amount.
17. All County Paving will not be responsible for damage to grass, sod, irrigation or any other underground utilities. Excavated materials will be left in the islands/landscaped areas.
18. All County Paving will not be responsible for unforeseen conditions that arise;they may result in additional costs to the customer.
19. All County guarantees its’ sealer products against peeling or flaking of stable asphalt for a period of (1) year, excluding normal wear and tear.
20. Newly seal coated areas will be barricaded for 24-48 hours after project completion. It is the responsibility of the customer to keep the area clear to allow proper curing of the material. Failure to do
so will void any warranty.
21. All County Paving guarantees all workmanship and materials for up to (1) year,excluding normal wear and tear. The warranty starts at the conclusion of work and is not valid until payment has been
made in full.
22. All work is to be completed in a workmanlike manner according to standard practices. Our workers are covered by Workmen’s Compensation Insurance.
Customer must initial here that they have read and accept the above Terms & Conditions
________________________________________________________________________________________________________
The School District of Palm Beach County, Florida
A Top-Rated District by the Florida Department of Education Since 2005
An Equal Education Opportunity Provider and Employer
Revised 4/14/16
THE SCHOOL DISTRICT DARCI GARBACZ MICHAEL J. BURKE
OF PALM BEACH COUNTY, FLORIDA DIRECTOR CHIEF FINANCIAL OFFICER
Purchasing Department
3300 Forest Hill Boulevard, Suite A-323
West Palm Beach, FL 33406-5813
Phone: (561) 434-8214 Fax: (561) 963-3823
www.palmbeachschools/.org/purchasing
May 4, 2020
M&M Asphalt Maintenance Inc. d/b/a All County Paving
1180 SW 10th Street
Delray Beach, FL 33444
Attn: Jeffrey Cohen
Email: publicworks@allcountypaving.com
Subject: Letter of Agreement
Bid Number: 20C-46V
Title: Paving and Drainage Services
Contract Term: June 22, 2020 through June 21, 2023
Contact Information: Debra Hammerschlag, 561-434-8229
Dear Mr. Cohen:
The School District of Palm Beach County, Florida, has accepted your offer to renew Bid Number 20C-46V to furnish
services for the contract of Paving and Drainage Services . This acceptance is subject to compliance with the bid
specifications, terms and conditions, all pertinent laws of the State of Florida and instructions as determined by the
General Counsel for the School District.
Please check your certificate of insurance (See Spec S REQUIREMENTS ) to confirm
that it is current. If it is not current, please email us an updated original certificate of insurance to
insurancecertificate@palmbeachschools.org, or fax to 561-963-3823 within seven (7) days of this notification. Your
insurance company is required to have the School Board of Palm Beach County, Florida, NAMED AS AN ADDITIONAL
INSURED AND MUST REFERENCE THE ABOVE BID NUMBER.
Purchase orders may be issued to cover supplies / equipment / services (choose one) as the need arises. Purchase orders
are your notification to proceed with fulfilling the School Districts request for supplies / equipment / services (choose one).
Shipment without proper authorization may result in nonpayment.
If you have any questions, please do not hesitate to call my office at 561-434-8229. Thank you for renewing your bid
and we are looking forward to doing business with you and your company.
Sincerely,
Darci Garbacz, C.P.M., Director
Purchasing Department
CC: bid file
Debra Hammerschlag, Purchasing Agent
VILLAGE OF NORTH PALM BEACH
CAPITAL IMPROVEMENT PLAN
2022 - 2026
Strategic Result :Department :
Quality of Life Parks & Recreation
Project Name :Year(s) :2022
Osborne Park Basketball Courts
Project Description :
Link to Strategic Plan :
Need, Justification, Benefits :
Location & Area Map Project Photo
Comments :
Renovate the basketball courts at Osborne Park.
The basketball court surface is in very poor condition. The current layout of the courts is not
efficient due to the location of the west side door on the building. The existing baskets and poles
are in need of replacement.
The State of Florida Recreation Development Assistance Program (FRDAP) will provide 100% of
the needed funding. This grant is for $50,000 and does not require a match from the Village.
The project will renovate the condition of the surface and equipment at the basketball court.
VILLAGE OF NORTH PALM BEACH
CAPITAL IMPROVEMENT PLAN
FINANCIAL INFORMATION
2022 - 2026
Project Name :Osborne Park Basketball Courts
Strategic Result :Quality of Life
Department :Parks & Recreation
2022 2023 2024 2025 2026 Total
Project Budget :
Land acquisition $0
Planning / Design 0
Engineering 0
Construction 50,000 50,000
Vehicle 0
Equipment 0
Other 0
Total Budget $50,000 $0 $0 $0 $0 $50,000
Funding Sources :
General revenues $0
Impact fees 0
Grant revenues 50,000 50,000
Debt service 0
Infrastructure Surtax 0
Fund balance 0
Other 0
Total Revenues $50,000 $0 $0 $0 $0 $50,000
Operating Impact:
Personnel $0
Operating 0
Capital 0
Other 0
Total Operating $0 $0 $0 $0 $0 $0
There may be operating efficiencies or avoidance of future costs
that result from the improvements, but these impacts are not
presently quantifiable and are believed to be marginal.
This FRDAP grant does not require a financial match from the
Village.
Comment(s)
Grant Information
School District of Palm Beach County FL
Solicitation No.
20C-46V
RESPONSES ARE DUE PRIOR TO:
Mar 23, 2020
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
www.BidSync.com
The School District of Palm Beach County is an
Equal Education Opportunity Provider and Employer.
https://www.palmbeachschools.org/cms/one.aspx?pageId=6165437
THE SCHOOL DISTRICT OF PALM BEACHCOUNTY PURCHASING DEPARTMENT3300 Forest Hill Boulevard, Suite A-323 West Palm Beach, FL 33406-5813
INVITATION TO BID
Bidder Acknowledgement
Vendor Name: M&M ASPHALT MAINTENANCE INC D/B/A ALL COUNTY PAVING
Vendor Mailing Address: 1180 SW 10TH STREET
DELRAY BEACH, FL 33444
E-Mail Address: PUBLICWORKS@ALLCOUNTYPAVING.COM
Area Code / Telephone Number: PUBLICWORKS@ALLCOUNTYPAVING.COM
Toll-Free Telephone Number: 5615880949
Fax Number: 561-588-2140
Web Address: WWW.ALLCOUNTYPAVING.COM
FEID No. or SS #: 1180 SW 10TH STREET
Delivery calendar days after receipt of order: 15 days
ANTI-COLLUSION
By electronically submitting your bid, the bidder certifies that they have not divulged, discussedor compared their bid with other bidders and have not colluded with any other bidder or partiesto a bid whatsoever. No premiums, rebates or gratuities permitted either with, prior to, or afterany delivery of material. Any such violation will result in the cancellation and/or return ofmaterials (as applicable) and the removal from the bid lists for the School District of Palm BeachCounty, Florida and I hereby certify that I have read and understand the requirements of thisInvitation to Bid and that I am duly authorized to execute this offer document and any contract(s)and/or other transaction by award of this bid.
BID CERTIFICATION
I further certify that I have read the entire contents of this Invitation to Bid document and agreeto full, complete and unconditional acceptance of the contents of this Invitation to Bid and allappendices and the contents of any Addendum released hereto. I further certify that by virtue ofexecuting and returning this Bidder Acknowledgement Form, I am submitting the followinginformation as this company's response.
Name of Representative Submitting Bid: JEFFREY COHEN
Title of Company Representative: EXECUTIVE VICE PRESIDENT Date: 3-20-20
Revised 1/9/14
GENERAL CONDITIONS FOR BIDS
The General Conditions for Bids, Special Conditions, Specifications, Addenda, and/or any other pertinent
documents form a part of the Invitation to Bid, and by reference are made a part thereof.
1. PURPOSE: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as listed
herein for The School Board of Palm Beach County, Florida (hereinafter referred to as the “Board”), the
corporate body politic that governs, operates, controls, and supervises the School District of Palm Beach
County, Florida (hereinafter referred to as “District”).
2. ANTI-COLLUSION: By electronically submitting a bid, the bidder certifies that it has not divulged,
discussed or compared its bid with other bidders and has not colluded with any other bidder or parties to
a bid whatsoever. No premiums, rebates or gratuities are permitted either with, prior to, or after any
delivery of materials. Any such violation will result in the cancellation and/or return of materials (as
applicable) and the removal of the bidder from all bid lists for the School Board of Palm Beach County,
Florida.
3. BIDS: Bids will be received electronically through a secure site at BidSync.com until the date and time as
indicated in this bid document. Bids will be opened publicly at the School District of Palm Beach County,
Purchasing Department, 3300 Forest Hill Boulevard, Suite A-323, West Palm Beach, FL 33406-5813,
and all bidders and general public are invited to attend. It is the sole responsibility of the bidder to ensure
its bid reaches BidSync on or before the closing date and hour as indicated in this bid document.
4. CONTRACT: The submission of your bid constitutes a firm offer by the bidder. Upon acceptance by the
Board, the Purchasing Department will issue a notice of award and purchase order(s) for any supplies,
equipment and/or services as a result of this bid. The Invitation to Bid and the corresponding purchase
order(s) will constitute the complete agreement between the successful bidder and the Board. Unless
otherwise stipulated in the bid documents or agreed to in writing by both parties, no other contract
documents shall be issued or accepted.
5. WITHDRAWAL: When a bidder wishes to withdraw a bid, a written request shall be submitted to the
Director of Purchasing and the request will be reviewed for consideration. In no case shall a bidder be
granted a release from a bid more than one time in a two-year period. A bidder may not withdraw a bid
after the final call for bids at a designated time of opening.
6. DEFAULT: In case of default by the bidder, the Board may procure the articles or services from other
sources and hold the bidder responsible for any excess costs incurred thereby.
7. FUNDING OUT/ CANCELLATION OR TERMINATION WITH OR WITHOUT CAUSE:
A. The School Board reserves the right to terminate this Contract for convenience, at any time and for
no reason, upon giving thirty (30) days prior written notice to Bidder. If the Contract is terminated
for convenience as provided herein, the School Board shall be relieved of all obligations under the
Contract. The School Board will only be required to pay to the Bidder that amount of the Contract
actually satisfactorily performed to the date of termination. The Bidder shall not be entitled under
any theory to payment for work not actually performed or lost profits.
B. If the Bidder materially breaches its obligations under this Contract, the Superintendent will provide
written notice of the deficiency by forwarding a notice citing the specific nature of the material
breach. The Bidder shall have thirty (30) days to cure the breach. If the Bidder fails to cure the
breach within the thirty (30) day period, the Superintendent shall issue a Notice of Termination for
Default. Once the Superintendent has notified the Bidder that it has materially breached its Contract
with the School Board, the Superintendent shall recommend to the School Board that it terminates
the Contract for Cause. Notwithstanding the foregoing, the School Board reserves the right to
terminate this Contract immediately with cause if necessary to protect the health, safety, and/or
welfare of the School District’s students or employees. The School Board shall review and consider
the Superintendent’s recommendation and determine whether the Bidder should be suspended
from doing future work with the School Board, and if so, for what period of time. The School Board
will consider the seriousness of the breach in making a determination as to whether a Bidder
should be debarred, and if so, for what period of time. The School Board will consider the
seriousness of the breach in making a determination as to whether a Bidder should be debarred,
and if so, for what period of time. Should the School Board terminate for default in accordance with
this provision, the School Board shall be entitled to recover reprocurement costs in addition to all
other remedies under law and/or equity. For purposes of this Section, a “material breach” shall be
defined as any substantial, unexcused non-performance by failing to perform an act that is an
important part of the transaction or performing an act inconsistent with the terms and conditions of
the Contract.
The Bidder shall have the option to terminate the Contract upon written notice to the Director of
Purchasing. Such notice must be received at least sixty (60) days prior to the effective date of
termination. Early termination of the Contract by the Bidder may result in removal from
bidders/responder list and may result in Bidder being debarred. The debarment shall be for a period
commensurate with the seriousness of the causes, generally not to exceed three (3) years. When the
offense is willful or blatant, a longer term of debarment may be imposed, up to an indefinite period.
C. Funding Out: Florida School Laws prohibit the Board or its designee from creating obligations on
anticipation of budgeted revenues from one fiscal year to another without year-to-year extension
provisions in the contracts.
It is necessary that fiscal funding out provisions be included in all bids in which the terms are for
periods of longer than one year.
Therefore, the following funding out provisions are an integral part of this Invitation to Bid and must be
agreed to by all bidders:
The Board or its designee may, during the contract period, terminate or discontinue the items covered
in this bid for lack of appropriated funds upon the same terms and conditions.
Such prior written notice will state:
1. That the lack of appropriated funds is the reason for termination, and
2. Board agrees not to replace the equipment or services being terminated with equipment
and services with functions similar to those performed by the equipment covered in this bid from
another vendor in the succeeding funding period.
“This written notification will thereafter release the School Board of Palm Beach County,
Florida of all further obligations in any way related to such equipment covered herein”.
When any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S.
Mail/Federal Express/United Parcel Service or other traceable method, postage prepaid, addressed
to the party for whom it is intended at the place last specified. The place for giving notice shall remain
such until it is changed by written notice in compliance with the provisions of this paragraph. For the
present, the Parties designate the following as the respective places for giving notice:
To School Board: Director of Purchasing Department
The School District of Palm Beach County
3300 Forest Hill Blvd., Suite A323
West Palm Beach, FL 33406
With a copy to: Inspector General
The School District of Palm Beach County
3300 Forest Hill Blvd., Suite C306
West Palm Beach, FL 33406
To Contractor:
8. BIDDERS’ RESPONSIBILITY: Before submitting its bid, each bidder is required to carefully examine the
Invitation to Bid delivery schedule, bid prices and extensions, insurance requirements, licensing
requirements, bid closing date and time and to completely familiarize itself with all of the terms and
conditions that are contained within the Invitation to Bid. Failure to do so on the part of the bidder will in
no way relieve it of any of the obligations and responsibilities which are a part of the Invitation to Bid.
The Board objects to and shall not consider any additional terms or conditions submitted by a respondent,
including any appearing in documents attached as part of a respondent’s response. In submitting its
response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or
inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those
specifying information that must be submitted with a response, shall be grounds for rejecting a response.
Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the
date of award by the Board or time stated in special conditions.
9. AWARDS: In the best interest of the District, the Purchasing Department reserves the right to reject any
and all bids and to waive any minor irregularity in bids received; to accept any item or group of items
unless qualified by bidder; to acquire additional quantities at prices quoted on the Invitation to Bid
unless additional quantities are not acceptable, in which case the bid sheets must be noted "BID IS
FOR SPECIFIED QUANTITY ONLY". All awards made as a result of this bid shall conform to
applicable Florida Statutes.
10. THE JESSICA LUNSFORD ACT: All awarded bidders who are permitted access on school grounds
when students are present, who may have direct contact with any student of the District, or who may
have access to or control of school funds must be fingerprinted and background checked. Awarded
bidder agrees to undergo a background check and fingerprinting if he/she is an individual who meets any
of the above conditions and to require that all individuals in the organization who meet any of the
conditions to submit to a Level 2 FDLE background check and FBI screening, including fingerprinting by
the School District’s Police Department, at the sole cost of Awarded bidder. The report of the results will
be immediately transmitted to the School District’s Police Department, which shall be the sole determiner
of clearance. Awarded bidder shall not begin providing services contemplated by the Invitation to Bid
until Awarded bidder receives notice of clearance by the School District and is issued School District
badges. Compliance requiring all awarded bidders to register as a visitor before entering school property
and proper display of School District badges will be strictly enforced. Neither the Board, nor its members,
officers, employees, or agents, shall be liable under any legal theory for any kind of claim whatsoever for
the rejection of Awarded bidder (or discontinuation of Awarded bidder’s services) on the basis of these
compliance obligations. Awarded bidder agrees that neither the Awarded bidder, nor any employee,
agent or representative of the Awarded bidder who has been convicted or who is currently under
investigation for a crime delineated in section 435.04, Florida Statutes, will be employed in the
performance of the contract.
11. DISQUALIFYING CRIMES: The bidder certifies by submission of this bid that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction by the State of Florida or Federal Government. Further, the bidder
certifies that it will divulge information regarding any of these actions or proposed actions with other
governmental agencies. A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not provide any goods or services or transact business with
The School District of Palm Beach County, Florida for a period of 36 months from the date of being
placed on the convicted vendor list.
12. ADVERTISING: In submitting a bid, bidder agrees not to use the results therefrom as a part of any
commercial advertising without prior approval of the District.
13. LOBBYING: Bidders are hereby advised that they are not to lobby with any district personnel or board
members related to or involved with this bid until the administration's recommendation for award has
been posted at BidSync.com, and at the Fulton Holland Educational Services Center, Purchasing
Department area. All oral or written inquiries must be directed through the Purchasing Department.
Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership,
syndicate, corporation, and all other groups who seek to influence the governmental decision of a board
member or district personnel after advertisement and prior to the posted recommendation on the award
of the Contract.
Any bidder or any individuals that lobby on behalf of bidder during the time specified will result in rejection
/ disqualification of said bid.
14. GOVERNING LAW AND VENUE: The Contract Documents shall be construed in accordance with the
laws of the State of Florida, without regard to conflict of laws provisions. If any litigation shall result from
the Contract Documents, the parties shall submit to the jurisdiction of the State Courts of the 15th Judicial
Court and exclusive venue shall lie in Palm Beach County, Florida. BY ENTERING INTO THIS
AGREEMENT, VENDOR AND SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA HEREBY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR
A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY
THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR
JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE
OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL
BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION.
15. TAXES: The School District of Palm Beach County, is exempt from any taxes imposed by the State
and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8013897253C-1 and Federal
Excise Tax No. 59-600783 appears on each purchase order. This exemption does not apply to purchase
of tangible personal property made by contractors who use the tangible personal property in the
performance of contracts for the improvements of School District-owned real property as defined in
Chapter 192, Florida Statutes.
16. ASSIGNMENT: The successful bidder shall not sub-contract, assign, transfer, convey, sublet, or
otherwise dispose of the contract, or of any or all of its rights, title, or interest therein, or its power to
execute such contract to any person, firm, or corporation without prior written consent of the Board.
17. TERMINATION: This Agreement may be terminated for cause by the aggrieved party if the party in
breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved
party identifying the breach. This Agreement may be terminated for cause for reasons including, but not
limited to, Vendor’s repeated (whether negligent or intentional) submission for payment of false or
incorrect bills or invoices, failure to suitably perform the work; or failure to continuously perform the work
in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The
Agreement may also be terminated for cause if the Vendor is placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List created to Section 215.473, Florida Statutes, or if the Vendor provides a false certification submitted
pursuant to Section 287.135, Florida Statutes.
This Agreement may also be terminated for convenience by the School District of Palm Beach County,
Florida
In the event this Agreement is terminated for convenience, Vendor shall be paid for any goods or services
properly performed under the Agreement through the termination date specified in the written notice of
termination. Vendor acknowledges and agrees that it has received good, valuable and sufficient
consideration from The School Board of Palm Beach County, Florida, the receipt and adequacy of which
are, hereby acknowledged by Vendor, for The School Board of Palm Beach County, Florida’s right to
terminate this agreement for convenience.
18. SUBCONTRACTING: If an awarded bidder intends to subcontract any portion of the Contract for any
reason, the name and address of the subcontracting firm must be submitted along with the bidder’s bid or
prior to use for approval. No subcontracting will take place prior to bid-awarded bidder furnishing this
information and receiving written approval from the District.
The Purchasing Department reserves the right to reject a subcontractor who previously failed in the
proper performance of a contract or failed to deliver on-time contracts of a similar nature, or who, the
District has determined in its sole discretion, is not in the position to perform the contract due to the
subcontractor’s size, experience, or resources. The District reserves the right to inspect all facilities of
any subcontractor in order to make determination as to the foregoing. The subcontractor will be equally
responsible for meeting all requirements specified in the Invitation to Bid.
19. DEBARMENT: The Board shall have the authority to debar a person / corporation for cause for
consideration or award of future contracts. The debarment shall be for a period commensurate with the
seriousness of the causes, generally not to exceed three (3) years. When the offense is willful or blatant,
a longer term of debarment may be imposed, up to an indefinite period.
20. REQUIREMENTS FOR PERSONNEL ENTERING DISTRICT PROPERTY: Possession of firearms will
not be tolerated in or near school buildings; nor will violations of Federal and State laws and any
applicable Board policy regarding Drug Free Workplace be tolerated. Violations will be subject to the
immediate termination provision heretofore stated in Paragraph 16, Legal Requirements.
"Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed to, or
may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any
such weapon; any destructive device; or any machine gun.
No person who has a firearm in their vehicle may park their vehicle on District property. Furthermore, no
person may possess or bring a firearm on District property.
If any employee of an independent contractor or sub-contractor is found to have brought a firearm on
District property, said employee must be terminated from the Board project by the independent contractor
or sub-contractor. If the sub-contractor fails to terminate said employee, the sub-contractor's agreement
with the independent contractor for the Board project shall be terminated. If the independent contractor
fails to terminate said employee, the independent contractor's agreement with the Board shall be
terminated.
Bidders are advised that they are responsible to ensure that no employee, agent or representative of
their company who has been convicted or who is currently under investigation for a crime against
children in accordance with section 435.04, Florida Statutes, will enter onto any school site.
21. PRODUCT RECALL: In the event the awarded bidder receives notice that a product delivered by the
awarded bidder to the District has been recalled, seized or embargoed, and/or has been determined to
be misbranded, adulterated, or found to be unfit for human consumption by a packer, processor,
subcontractor, retailer, manufacturer, or by any State or Federal regulatory agency, the awarded bidder
shall notify the District’s Bid Purchasing Agent within two business days of receiving such notice. The
District’s acceptance or failure to reject the affected product as non-conforming shall not in any way
impact, negate, or diminish the awarded bidder’s duty to notify the District’s Purchasing Agent that the
affected product has been recalled, seized or embargoed, and/or has been determined to be misbranded,
adulterated, or found to be unfit for human consumption. The form and content of such notice to the
District shall include the name and description of the affected product; the approximate date the affected
product was delivered to the District; the bid number; and relevant information relating to the proper
handling of the affected product and/or proper disposition of the affected product by the District, if
necessary to protect the health, welfare, and safety of District students or employees; and any health
hazards known to the awarded bidder which may be caused or created by the affected product. The
awarded bidder shall, at the option of the Purchasing Department and/or Purchasing Agent, either
reimburse the purchase price or provide an equivalent replacement product at no additional cost to the
District. Unless it was absolutely necessary for the District to dispose of the affected product, the
awarded bidder shall be responsible for removal and/or replacement of the affected product within a
reasonable time, as determined by the District, without causing significant inconvenience to the District.
At the option of the District, the awarded vendor may be required to reimburse storage and/or handling fees
to be calculated from time of delivery and acceptance to actual removal or disposal. The awarded vendor
will bear all costs associated with the removal and proper disposal of the affected product. The failure to
reimburse the purchase price and storage and/or handling fees or to remove and/or replace the affected
product with an equivalent replacement within a reasonable time without significant inconvenience to the
District will be considered a default.
22. USE OF OTHER CONTRACTS: The District reserves the right to utilize any other District contract, any
State of Florida Contract, any contract awarded by any other city or county governmental agencies, any
other school board, any other community college/state university system cooperative bid agreement, or
to directly negotiate/purchase per School Board policy and/or State Board Rule 6A-1.012(6) in lieu of
any offer received or award made as a result of this bid, if it is in the best interest to do so. The District
also reserves the right to separately bid any single order or to purchase any item on this bid if it is in its
best interest to do so.
23. JOINT-BIDDING, COOPERATIVE PURCHASING AGREEMENT: All bidders submitting a response to
this Invitation to Bid agree that such response also constitutes a bid to all State Agencies and Political
Subdivisions of the State of Florida under the same conditions, for the same prices and for the same
effective period as this bid, should the bidder(s) deem it in the best interest of their business to do so.
This agreement in no way restricts or interferes with any state agency or political subdivision of the State
of Florida to rebid any or all items.
24. FAILURE TO DELIVER: Failure to deliver as specified and at bid price will authorize the Board to
purchase these items or services from other sources and hold the bidder responsible for any excess
costs incurred thereby. Further, the Purchasing Department may recommend to the School Board that
the vendor failing to deliver as specified be removed as a future bidder on all bids for a period of up to
three years.
25. ANTI-DISCRIMINATION: The Bidder certifies that they are in compliance with the non-discrimination
clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375 relative
to equal employment opportunity for all persons without regard to race, color, religion, sex or national
origin. The provisions of the ADA Act of 1990 pertaining to employment shall also be applicable.
The Bidder shall not discriminate on the basis of race, gender, gender identity or expression, religion,
national origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring, or
treatment of sub-contractors, vendors, suppliers, or commercial customers. The Bidder shall provide
equal opportunity for sub-contractors to participate in all of its public sector and private sector sub-
contracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise
lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the
marketplace, such as those specified in the Palm Beach County School Board Policy 6.143. The Bidder
understands and agrees that violation of this clause is a material breach of the contract and may result in
contract determination, debarment, or other sanctions.
26. COMPLAINT NOTIFICATIONS: As part of its bid, Bidder shall provide to the District a list of all instances
within the past ten (10) years where a complaint was filed against Bidder in a legal or administrative
proceeding, regardless of whether the complaint has been resolved or is currently pending, alleging that
Bidder discriminated against an employee, independent contractor, subcontractor, vendor, supplier, or
commercial customer on the basis of race, gender, gender identity or expression, religion, national origin,
ethnicity, sexual orientation, age, or disability, in violation of applicable Federal and/or Florida law.
The Bidder must provide a description of each of the complaint(s) and: (i) the terms of resolution of all
adjudicated/settled complaints, including any remedial action taken by Bidder; and (ii) the status of, and
Bidder’s response to, all pending complaints.
The School District will consider a Bidder’s complaint history information in its review and
determination of responsibility. The failure of a Bidder to comply with the requirements in this
Section will result in Bidder being deemed non-responsive by the Director of Purchasing. If no
complaints have been filed within 10 years, please so state on Company Letterhead and upload
with your response as proof.
27. CONTRACT DISCLOSURE: Upon the District’s request, and upon the filing of a complaint against
awarded bidder pursuant to Palm Beach County School Board Policy 6.144, awarded bidder agrees to
provide the District, within sixty calendar days, a truthful and complete list of the names of all
subcontractors, vendors, and suppliers that bidder has used in the past five years on any of its contracts
that were undertaken within the District relevant geographic market as defined in Palm Beach County
School Board Policy 6.143, including the total dollar amount paid by bidder for each subcontract or supply
contract. Awarded bidder agrees to fully cooperate in any investigation conducted by the District
pursuant to this Policy. Bidder understands and agrees that violation of this clause is a material breach of
the Contract and may result in contract termination, debarment, and other sanctions.
28. INDEMNIFICATION AND HOLD HARMLESS: Bidder shall, in addition to any other obligation to
indemnify The School Board of Palm Beach County, Florida and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the School Board, its agents, officers, elected officials
and employees from and against all claims, actions, liabilities, losses (including economic losses),
costs arising out of any actual or alleged;
A. bodily injury, sickness, disease or death, or injury to or destruction of tangible property including theloss of use resulting there from, or any other damage or loss arising out of, or claimed to haveresulted in whole or in part from any actual or alleged negligent act or omission of the vendor,Contractor, subcontractor, anyone directly or indirectly employed by any of them, or anyone forwhose acts any of them may be liable in the performance of the work; or
B. violation of law, statute, ordinance, governmental administration order, rule or regulation byContractor in the performance of the work; or
C. liens, claims or actions made by the vendor or any subcontractor or other party performing the work;or
D. claims by third parties (including, but not limited to, Contractor’s employees or subcontractors)based upon an alleged breach by Contractor of any agreement with such third party (e.g., anemployment agreement or licensing agreement), or allegation that Contractor’s provision ofservices to the School Board pursuant to the Contract infringes upon or misappropriates a patent,copyright, trademark, trade secret, or other proprietary right of the third party.
The indemnification obligations hereunder shall not be limited to any limitation on the amount, type ofdamages, compensation or benefits payable by or for the vendor of any subcontractor under workers'compensation acts; disability benefit acts, other employee benefit acts or any statutory bar.
Bidder recognizes the broad nature of this indemnification and hold harmless article, and voluntarilymakes this covenant for good and valuable consideration provided by the School Board in support ofthis indemnification in accordance with the laws of the State of Florida. This article will survive thetermination of this Contract.
29. BRAND NAMES: Use of a brand name, trade name, make, model, manufacturer, or vendor catalog
number in specifications is for the purpose of establishing a grade or quality of material only. It is not the
District's intent to rule out other competition, therefore, the phrase OR ACCEPTABLE EQUAL is added.
However, if a product other than that specified is bid, it is the vendor's responsibility to submit with the
bid brochures, samples and/or detailed specifications on items bid. The District shall be the sole judge
concerning the merits of bid submitted.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the
specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified
items offered requires complete descriptive technical literature marked to indicate detail(s) conformance
with specific COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of
copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a
result of this bid. Seller agrees to hold the purchaser harmless from any and all liability, loss or expense
occasioned by any such violation.
30. MANUFACTURER'S CERTIFICATION: The District reserves the right to request from bidders separate
manufacturer certification of all statements made in the response to Invitation to Bid.
31. OCCUPATIONAL HEALTH AND SAFETY: Bidder, as a result of award of the bid, delivering any toxic
substances item as defined in Code of Federal Regulation Chapter 29, shall furnish to the Purchasing
Department, a Material Safety Data Sheet (MSDS). The material safety data sheet shall be provided
with initial shipment and shall be revised on a timely basis as appropriate.
The MSDS must include the following information:
A. The chemical name and the common name of the toxic substance.
B. The hazards or other risks in the use of the toxic substance, including:
(1) The potential for fire, explosion, corrosively and reactivity;
(2) The known acute and chronic health effects of risks from exposure, including the medical
conditions which are generally recognized as being aggravated by exposure to the toxic
substance; and
(3) The primary routes of entry and symptoms of overexposure.
C. The proper precautions, handling practices, necessary personal protective equipment, and other
safety precautions in the use of or exposure to the toxic substances including appropriate
emergency treatment in case of overexposure.
D. The emergency procedure for spills, fire, disposal and first aid.
E. A description in lay terms of the known specific potential health risks posed by the toxic substance
intended to alert any person reading this information.
F. The year and month, if available, that the information was compiled and the name, address and
emergency telephone number of the manufacturer responsible for preparing the information.
Any questions regarding this requirement should be directed to: Department of Labor and Employment
Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center
Circle West, Tallahassee, FL 32301-5014, Telephone 1-800-367-4378.
32. OSHA: The bidder warrants that the product/services supplied to the School District of Palm Beach
County shall conform in all respects to the standards set forth in the Occupational Safety and Health Act
1970, as amended, and the failure to comply with this condition will be considered as a breach of
contract.
33. LEGAL REQUIREMENTS: Federal, State, County and local laws, ordinances, rules and regulations as
well as School Board policies that in any manner affect the items covered by this Purchase Order herein
apply and must be adhered to by the vendor. Specifically, bidder(s) is to adhere to School Board Policies
3.12 and 3.13, pursuant to the following, with respect to any criminal arrests and convictions, and is on
notice thereto that any employees involved in any Chapter 435, Florida Statutes offenses are precluded
from continuing to work on the project and must be replaced. Failure to comply may result in the
immediate termination of the awarded bidder’s contract at the sole discretion of the District. Lack of
knowledge by the bidder will in no way be a cause for relief from responsibility.
In addition, if applicable, vendor compliance is required for the following: Clean Air Act (42 U.S.C. §§
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).
Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency.
See 2 C.F.R. Part 200, Appendix II 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, as
amended.
34. GOVERNMENT FUNDING: Funding for this Agreement and the individual POs may be provided in
whole or in part by one or more U.S. Government funding agencies. As a result, Vendor shall comply
with the applicable laws and regulations listed below, the entire terms and conditions of which are fully
incorporated herein:
Rights to Inventions Made Under a Contract or Agreement
Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c)
Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)
Byrd Anti-Lobbying Amendments (31 U.S.C. 1352)
Energy Policy and Conservation Act (42 U.S.C. 6201)
Recovered Materials - Must comply with section 6002 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act, and Environmental Protection Agency (EPA) at 40 CFR
part 247.
35. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extend
total. Prices must be stated in units of quantity specified in bid specifications. In case of discrepancy in
computing the amount of the bid, the UNIT PRICE quoted will govern. All prices FOB destination,
freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment: Award, if
made, will be in accordance with terms and conditions stated herein. Each item must be bid separately
and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity
discounts offered will not be a consideration in determination of award of bid(s). If a bidder offers a
discount, it is understood that a minimum of 30 days will be required for payment, and the discount time
will be computed from the date of satisfactory delivery at place of acceptance and receipt of correct
invoice at the office specified.
36. CONDITIONS AND PACKAGING: It is understood and agreed that any item offered or shipped as a
result of this bid shall be new (current production model at the time of the bid). All containers shall be
suitable for storage or shipment, and all prices shall include standard commercial packaging.
37. UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items
and fabricated assemblies shall be UL listed or re-examination testing where such has been
established by UL for the items offered and furnished.
38. DELIVERY: Unless actual date of delivery is specified, show number of days required to make delivery
after receipt of purchase order in space provided. Delivery time may become a basis for making an
award (See Special Conditions). Delivery shall be within the normal working hours of the user, Monday
through Friday, excluding holidays unless otherwise specified on the purchase order.
39. QUALITY: The items bid must be new and equal to or exceed specifications. The manufacturer's
standard guarantee shall apply. During the guarantee period the successful bidder must repair and/or
replace the unit without cost to the District with the understanding that all replacements shall carry the
same guarantee as the original equipment. The successful bidder shall make any such repairs and/or
replacements immediately upon receiving notice from the District.
40. SAMPLES, DEMONSTRATIONS AND TESTING:
A. Samples of items, when required, must be furnished free of expense and if not destroyed, will upon
request, be returned at the bidder's expense. Request for the return of the samples must be
indicated on his or her bid. Each individual sample must be labeled with bidder's name, bid number
and item number. Failure of bidder to either deliver required samples or to clearly identify samples
as indicated may be reason for rejection of the bid. Unless otherwise indicated, samples should be
delivered to the Purchasing Department, School District of Palm Beach County.
B. When required, the District may request full demonstrations of any units bid prior to the award of any
contract.
C. Items may be tested for compliance with specifications under the direction of the Florida Department
of Agriculture and Consumer Services, or an independent testing laboratory. Bidders shall assume
full responsibility for payment for any and all charges for testing and analysis of any materials offered
or delivered that do not conform to the minimum required specifications. Bidder's disposition of all
items delivered in this category must be at no expense to the District.
41. INSPECTION AND ACCEPTANCE OF GOODS: The awarded bidder shall be responsible for delivery
of items in good condition at point destination. Bidder shall file with the carrier all claims for breakage,
imperfections, and other losses, which will be deducted from invoices. The District will note, for the
benefit of successful bidder, when packages are not received in good condition. In the event the
material and/or services supplied to the District is found to be defective or does not conform to
specifications, the District reserves the right to cancel the order upon written notice to the seller and
return the product to seller at the seller's expense.
42. LIABILITY, INSURANCE, LICENSES, AND PERMITS: Where bidders are required to enter or go onto
District property to deliver materials or perform work or services as a result of bid award, the bidder will
assume the full duty obligation and expense of obtaining all necessary licenses, permits and insurance.
Bidder shall be liable for any damage or loss to the District incurred by bidder, bidder's employees,
licensees of the bidder or agent or any person the bidder has designated in completion of his or her
contract as a result of the bid; further bidder shall be liable for all activities of bidder occasioned by
performance of the Contract. Notwithstanding the foregoing, the liability herein shall be limited to ten
million dollars ($10,000,000) and the bidder recognizes that and covenants that it has received
consideration for indemnification provided herein.
43. SPECIFICATIONS: Any omissions of detail specifications stated herein that would render the
materials/service from use as specified will not relieve the bidder from responsibility.
44. BID BONDS AND PERFORMANCE BONDS: Bid bonds, when required, shall be submitted with the bid
in the amount specified in Special Conditions. Bid bonds will be returned to unsuccessful bidders. After
award of contract, the District will notify the successful bidder to submit a performance bond in the
amount specified in Special Conditions. Upon receipt of the performance bond, the bid bond will be
returned to the successful bidder.
45. QUANTITIES: The quantities shown are estimates of the quantity of items expected to be purchased
during the term of award. Actual quantities purchased may often exceed or be less than quantities
shown. Orders will be placed as needed by individual locations during the contract period. The bidder
agrees that the price(s) offered shall be maintained irrespective of the quantity actually purchased.
46. ORDERING PROCEDURE: Specific Items: After approval of Contract award by the Board, a letter of
contract acceptance will be issued to each successful bidder acknowledging which goods or services
have been awarded. Separate purchase orders will be issued based on specific items at firm, fixed
prices listed in the bid.
Percent Discount Catalog Bids: Separate purchase orders will be issued with pricing based on catalog
and/or price lists.
No item may be shipped or service performed that is not listed on the purchase order.
47. POSTING OF BID AND SPECIFICATIONS: Invitation to Bid with specifications will be posted for review
by interested parties at BidSync.com on the date of bid electronic mailing and will remain posted for a
period of 72 hours. Failure to file a specification protest within the time prescribed in section 120.57(3),
Florida Statutes, will constitute a waiver of proceedings under Chapter 120, Florida Statutes, and
applicable Board rules, regulations and policies.
48. BID PROTEST: If a bidder wishes to protest a bid, they must do so in strict accordance with the
procedures outlined in section 120.57(3), Florida Statutes, the Invitation to Bid, and School Board Policy
6.14.
Any person who files an action protesting bid specifications, a decision or intended decision pertaining to
this bid pursuant to section 120.57(3)(b), Florida Statutes shall post with the Purchasing Department, at
the time of filing the formal written protest, a bond secured by an acceptable surety company in Florida
payable to The School Board of Palm Beach County, Florida in an amount equal to one percent (1%) of
the total estimated contract value, but not less than $500.00 nor more than $5,000.00. Bond shall be
conditioned upon the payment of all costs that may be adjudged against the protester in the
administrative hearing in which the action is brought and in any subsequent appellate court proceeding.
In lieu of a bond, a cashier's check, certified bank check, bank certified company check or money order
will be acceptable form of security. If, after completion of the administrative hearing process and any
appellate court proceedings, the District prevails, it shall recover all costs and charges included in the
final order of judgment, including charges by the Division of Administrative Hearings. Upon payment of
such costs and charges by the protester, the protest security shall be returned.
49. TIE BID: According to FS 287.087, in the event of a tie, preference shall be awarded to vendors with Drug
Free Work Place programs. Whenever two or more responses are equal with regard to price, quality, and
service, a bid received from a business that certifies that it has implemented a Drug Free Work Place
program shall be given preference in the award process. In the event both vendors have a Drug Free
Work Place program, preference shall be awarded to the vendor who is certified as an SBE certified
vendor with the School District. If both vendors meet all three requirements, according to standard
purchasing practice, the tie will be resolved by a coin toss. The vendor whose company’s name comes
first in the alphabet will be assigned “heads” and the second vendor will be assigned “tails”. The coin
will be tossed a minimum of three times. The vendor whose side of the coin selected wins two out of
three times will be the named as the first ranked proposer and recommended for award. In the event of
a 3-way (or more) tie, the vendor’s company name will be chosen in a drawing.
50. INTERPRETATIONS: Neither BidSync nor any employee of the District is authorized to interpret any
portion of the Invitation to Bid or give information as to the requirements of the bid in addition to that
contained in the written bid document. Interpretations of the bid or additional information as to its
requirements, where necessary, shall be communicated to bidders by written addendum.
51. SPECIAL CONDITIONS: To the extent that any conflict exists between the provisions of the General
Conditions, the Special Conditions, and bidder’s proposal, the order of precedence to resolve a conflict
shall apply: 1) the Special Conditions, 2) the General Conditions, and all exhibits thereto, including any
addenda, 3) Contractor’s response to the ITB, including any appendix and exhibits.
52. DISPUTE RESOLUTION: As a condition precedent to a party bringing any suit for breach of contract
related to this bid, that party must first notify the other party in writing of the nature of the purported
breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve
the dispute through negotiation, they may agree to a mutually acceptable method of non-binding
alternative dispute resolution with a qualified third party acceptable to both parties. The existence of a
dispute shall not excuse the parties from performance pursuant to this bid. This remedy is
supplemental to any other remedies available at law.
53. WAIVER PROVISION: The parties agree that each requirement, duty and obligation set forth herein is
substantial and important to the formation of this bid and, therefore, is a material term hereof. Any
party’s failure to enforce any provision of this bid shall not be deemed a waiver of such provision or
modification of this bid. A waiver of any breach of a provision of this bid shall not be deemed a waiver
of any subsequent breach and shall not be construed to be a modification of the terms of this bid.
54. Trade Secrets: Upon receipt, all submittals become Public Records and shall be subject to public
disclosure consistent with Chapter 119, Florida Statutes.
By submitting its bid, Bidder understands and waives any claim of confidentiality, including trade secrets,
to its pricing and/or cost of service related submittals.
Any Bidder that intends to assert that certain materials are exempt from public disclosure under Chapter
119, Florida Statutes must submit the documents in a separate bound document or file labeled “Name of
Firm, Attachment to Proposal Package. Bid# - Confidential Matter.” In addition, the firm must identify the
specific statute that authorizes the exemption from Chapter 119, Florida Statutes. CD or DVDs included
in a submittal must also comply with this requirement and the firm must separate any CD or DVDs
claimed to be confidential.
Any claim of confidentiality on materials that the Proposer asserts to be exempt and placed
elsewhere in the submittal will be considered waived by the Proposer upon submission, upon
opening.
The School District will provide Proposer with prompt notice by phone and/or email of any request for
public records in which that Proposer has claimed an exemption information being a Trade Secret so that
the Proposer may see, at its sole expense, an appropriate protective order from a court of competent
jurisdiction. In the event the Proposer elects not to seek an appropriate protective order or is unable to
obtain such an order within no later than ten (10) business days following receipt of notice, the Proposer
agrees and consents that the School District shall be permitted to respond to the public records request
with the response not being deemed a breach by the School Board of its obligations under the
Agreement or the Florida Statutes governing Trade Secret exemptions. The Proposer would then be
waiving any rights relating to Trade Secrets under Florida Law. Proposer agrees to defend, indemnify,
and hold harmless the School District and School Board and the School District’s officers, employees,
School Board members, and agents, against any loss, damages, judgements, attorneys’ fees or cost
incurred by School Board as a result of the School District’s providing the records in response to the
public records request or withholding them based on Proposer’s assertion of the Trade Secret exemption.
The indemnification provisions survive the School Board’s award of the contract and remain as
long as the trade secret data is in the possession of the School Board.
Certification for E-Verify
VENDOR hereby certifies compliance with the following:
Vendor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility ofall new employees hired by Vendor while performing work or providing services for the School Board of Palm BeachCounty, Florida. Vendor shall also include in any related subcontracts a requirement that subcontractors performing workor providing services for the School Board of Palm Beach County, Florida on its behalf utilize the E Verify system toverify the employment eligibility of all new employees hired by subcontractors.
VENDOR:
M&M Asphalt Maintenance Inc.,dba All County PavingBusiness Name Jeffrey CohenSignature Name: Jeffrey CohenPrinted Name: Executive Vice PresidentPrinted Title 3-17-20Date
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
AREA REPRESENTATIVE
Please list the contact for this contract Add additional
forms if necessary
Vendor Name: M&M ASPHALT MAINTENANCE INC D/B/A ALL COUNTY PAVING
Area Representative: JEFFREY COHEN
Address: 1180 SW 10TH STREET
City/Zip Code: DELRAY BEACH
Email Address: PUBLICWORKS@ALLCOUNTYPAVING.COM
Telephone: 5615880949
Cell Phone 5613029361
Fax Number: 5615882140
Emergency Number: 5615880949
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
DEBARMENT CERTIFICATION
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The
regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-
4733). Copies of the regulations may be obtained by contacting the Department of Agriculture
agency with which this transaction originated. (Before Completing Certification, Read Instructions
on Following Page)
(1) The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by an
Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participants shall attach an explanation to this
proposal.
Organization Name: M&M ASPHALT MAINTENANCE INC D/B/A ALL COUNTY PAVING
Solicitation Number or Project Name: 20C-46V
Name of Authorized Representative: JEFFREY COHEN
Title of Representative: EXECUTIVE VICE PRESIDENT
Date: 3-23-20
INSTRUCTION CERTIFICATIONS
1. By electronic submission of this the prospective lower tier participant is providing the certification set
out on the reverse side in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and Coverage section so
rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted
for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this that it will include this clause
titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which is determines the eligibility of its principals. Each participant may, but is
not required to, check the Non-procurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
Drug-Free Workplace Certification
Preference must be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities ofthe State and becomes effective January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs. Whenever twoor more bids which are equal with respect to price, quality, and service are received by the State or by any politicalsubdivision for the procurement of commodities or contractual services, a bid received from a business that certifiesthat it has implemented a drug-free workplace program shall be given preference in the award process.Established procedures for processing tie bids will be followed if none of the tied vendors have a
drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions thatwill be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, andthe penalties that may be imposed upon employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working on thecommodities or contractual services that are under bid, the employee will abide by the terms of thestatement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, anyviolation of chapter 893 or of any controlled substance law of the United States or any state, for a violationoccurring in the workplace no later than five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitationprogram if such is available in the employee's community, by any employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of thissection.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
JEFFREY COHEN 3-20-20
VENDOR’S SIGNATURE DATE
M&M ASPHALT MAINTENANCE INC D/B/A ALL COUNTY PAVING
COMPANY NAME
PBSD 0580 (Rev. 4/8/2003) ORIGINAL - Purchasing Department
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
EARLY PAYMENT TERMS
Bid number/Name: 20C-46V Term Contract for Paving and Drainage
Vendor Name: M&M Asphalt Maintenance Inc.,dba All County Paving
If vendor chooses not to participate in Early Payment Terms, please acknowledge by
placing N/A here ➙ .
EARLY PAYMENT:
Specify terms and discount for early payment.
Check which terms you will be willing to provide for the duration of this contract to
the School District.
0.5% 10 net 30 *
0.75% 5 net 30 *
* Upon receipt of invoice by the School District of Palm Beach County Accounts Payable
Department.
Note: Updating to these terms will affect all of your District payments. If you choose to revise these
terms at a later date, the terms will affect all of your payments from the District.
Rev. 4/4/13
The School District of Palm Beach County
SMALL BUSINESS ENTERPRISE (SBE)
CERTIFICATION INFORMATION
Cer fic a on applica ons ar e available through the Office of Diversity in Business Prac ces:
h p://w ww.palmbeachschools.org/diversityinbusiness
Office of Diversity in Business Prac ces
School District of Palm Beach County
3300 Summit Boulevard
West Palm Beach, FL 33406
Phone: (561) 681-2403
Are you an SBE vendor cer fied b y the School District of Palm Beach County?
YES* NO
* If yes, please provide your cer fic a on in forma on belo w and a ach a copy of your
cer fic a on:
Cer fic a on Expira on Da te:
Ethnicity Classifica on:
If you are not a cer fied SBE v endor and intend to sub-contract with a cer fied SBE firm(s), please
list the vendors and the es ma ted dollar value below:
Vendor
Line Design Solu ons
Es mated Dollar Value
$ 75000
$
$
PROPOSER'S STATEMENT OF PRINCIPAL PLACE OF BUSINESS(Must be completed & submitted with each competitive solicitation) Name of Proposer: M&M Asphalt Maintenance Inc.,dba All County PavingIdentify the state in which the Proposer has its principal place of business: FloridaProceed as follow: IF your principal place of business above is located within the State of Florida, the Proposermay sign below and attach to your solicitation. No further action is required. IF your principal place of business isoutside of the State of Florida the following must be completed by an attorney and returned with your solicitation.Failure to comply shall be considered to be non-responsive to this solicitation. OPINION OF OUT-OF-STATE BIDDER'S ATTORNEY ON BIDDING PREFERENCES(To be completed by the Attorney for an Out-of-State Proposer)NOTICE: Section 287.084(2), Fla. Stat., provides that "a vendor whose principal place of business is outside this statemust accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed topractice law in that foreign state, as to the preferences, if any or none, granted by the law of that state [or politicalsubdivision thereof] to its own business entities whose principal places of business are in that foreign state in the letting ofany or all public contracts." See also: Section 287.084(1), Fla. Stat. LEGAL OPINION ABOUT STATE BIDDING PREFERENCES(Please Select One)
The Proposer's principal place of business is in the State of and it is my legal opinion that the laws of that state do notgrant a preference in the letting of any or all public contracts to business entities whose principal places of business are inthat state.
The Proposer's principal place of business is in the State of and it is my legal opinion that the laws of that state grantthe following preference(s) in the letting of any or all public contracts to business entities whose principal places ofbusiness are in that state: [Please describe applicable preference(s) and identify applicable state law(s)]: LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES(Please Select One)
The Proposer's principal place of business is in the political subdivision of Palm Beach Countyand it is my legalopinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts tobusiness entities whose principal places of business are in that political subdivision.
The Proposer's principal place of business is in the political subdivision of and the laws of that political subdivisiongrant the following preference(s) in the letting of any or all public contracts to business entities whose principal placesof business are in that political subdivision: [Please describe applicable preference(s) and identify applicable authoritygranting preference(s)]:Signature of out-of-state Proposer's attorney: n/aPrinted name of out-of-state Proposer's attorney: n/aAddress of out-of-state bidder's attorney: n/aTelephone Number of out-of-state bidder's attorney: () Email address of out-of-state bidder's attorney: n/aAttorney's states of bar admission: n/aProposer's Printed Name: n/aSignature n/aCompany Name: n/a
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
REFERENCES
Vendor Name:
Bid number/Name:
This information will be used in the evaluation of this bid.
List a minimum number of required references as stated in the Special Conditions which show experience in similar work, to include
nature and scope of work, which demonstrates an expertise in providing the services as stated herein. Provide scope of work,
contact name, addresses, telephone numbers and dates of service.
Reference 1 – New Customer (one year or less)
Name of Firm: School District of Palm Beach County
Scope of Work:
Annual Contract for Paving Services to include associated work
Cost of Service: Approx. $500,000/year
Date of Service: 2013 - 2020
Contact Person: Debra Hammerschlag
Email: debra.hammerschlag@palmbeachschools.org
Phone #: 561-434-8229
Address: School District of Palm Beach County
3300 Forest Hill Blvd., Suite A-323
West Palm Beach, FL 33406
Reference 2 – Past Customer (currently not doing business)
Name of Firm: City of Sunrise
Scope of Work:
Annual Contract for Paving Services to include associated work
Cost of Service: Approx. $500,000/year
Date of Service: 2017-Current
Contact Person: Robert Diaz
Email: rdiaz@sunrisefl.gov
Phone #: 561-572-2487
Address: 10770 W Oakland Park Blvd, 3rd Floor, Sunrise, FL 33351
Reference 3 – Repeat or Long Term Customer
Name of Firm: City of Lake Worth
Scope of Work:
Annual Contract for Paving Services to include associated work
Cost of Service: $2,000,000.00
Date of Service: 2018-Current
Contact Person: Felipe Lofaso
Email: flofaso@LakeWorth.org
Phone #: 561-586-1720
Address: City of Lake Worth Beach – Public Services Dept.
1749 3rd Avenue South
Lake Worth, FL 33460
Reference 4 – Repeat or Long Term Customer
Name of Firm: City of West Palm Beach
Scope of Work:
Annual Contract for Paving Services to include associated work
Cost of Service: $1,000,000.00
Date of Service: 2015-Current
Contact Person: Lina Camacho
Email: lcamacho@wpb.org
Phone #: 561-494-1129
Address: City of West Palm Beach Engineering Services
401 Clema s Street, 4th Floor
P.O. Box 3366
West Palm Beach, FL 33402
Reference 5 – Repeat or Long Term Customer
Name of Firm: City of Fort Lauderdale
Scope of Work:
Annual Contract for Paving Services to include associated work
Cost of Service: $1,000,000.00
Date of Service: 2017-Current
Contact Person: Barbara Howell
Email: BHowell@fortlauderdale.gov
Phone #: 954-828-4505
Address: 100 N. Andrews Ave. 4th Floor
Ft. Lauderdale . Fl 33301
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
3300 Forest Hill Blvd, Suite A-323
West Palm Beach, FL 33406-5813
REQUIRED RESPONSE FORM
This information package should be submitted to BidSync for the School District of Palm Beach County,
Purchasing Department. Information Packages are due and will be opened at this time.
Anti-Collusion Statement / Public Domain
I, the undersigned responder(s), have not divulged, discussed, or compared this information package
with any other responder(s), and have not colluded with any other Responder(s) in the preparation of
this information package in order to gain an unfair advantage in the award of this information
package.
I acknowledge that all information contained herein is part of the public domain as defined in the
Public Records Act, Chapter 119, F.S.
Information Package Certification
I hereby certify that I am electronically submitting the following information as my company's information package.
Information Package must be signed by an officer or employee having authority to legally bind the responder(s).
RESPONDER(S) (firm name):M&M Asphalt Maintenance Inc.,dba All County Paving
STREET ADDRESS:1180 SW 10th Street
CITY & STATE:Delray Beach, Florida
ELECTRONIC SIGNATURE OF AUTHORIZED
REPRESENTATIVE:Jeffrey Cohen
TITLE:Executive Vice President DATE:3-17-20
CONTACT PERSON:Joshua Marfleet
CONTACT PERSON’S ADDRESSS:1180 SW 10th Street Delray Beach, FL 33444
TELEPHONE: 5615880949 FAX:TOLL FREE:
E-MAIL ADDRESS: publicworks@allcountypaving.com INTERNET URL:
RESPONDER(S) TAXPAYER IDENTIFICATION NUMBER:61-1595442
1. PROJECT NAME
Term Contract for Paving and Drainage
Services
2. PROJECT NUMBER
20C-46V
3. PHASE (Precon, Demo, Const)4. TOTAL BID OR CM SERVICES * AMT. (Required)
* GMP SUMMARY AMOUNTS (Pre-construction phase fee + Construction phase fee + CM Fee only)
Subject to Agreement with the Construc on Manager, the Subcontractor firms (minority & non-minority) listed below will par cipa te in this project for the
Contract (Trade) Items and the dollar amounts shown.
Check One: MWBE SBE Check One: Subconsultant Subcontractor Vendor
Div.
No.
SUBCONTRACTOR/SUBCONSULTANT/VENDOR
NAME
BUDGET
(Est.
Cost)
CONTRACT
AMOUNT DESCRIPTION
MWBE or SBE
(Yes or No)
AMOUNT
PERCENTAGE
%
Line Design Solu ons 75000 Striping and
Signage Yes No 75000 37
Interstate Concrete Services 470000 Concrete Yes No 470000 23
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Subcontractors represented as Cer fied MWBEs/SBEs are cer fied according to requirements
established in the Proposal & Contract documents. A copy of the cer fica on and signed Le er
of Intent must be a ached for each MWBE/SBE. List must also include non-minority firms.
SUBTOTAL(this
page only)>
545000
60
CM’s Firm Name M&M Asphalt Maintenance Inc.,dba All County Paving TOTAL
SBE/MWBE
Services
Par cipa on
0 0
Name/Posi on Jeffrey Cohen Execu ve Vice President TOTAL Non-
MWBE/SBE
Par cipa on
Signature/Date Jeffrey Cohen 3-17-2020 TOTAL Percentage of Total
Bid (Alternates & Change
Orders)
(Do not
exceed
100%)
1. PROJECT NAME 2. PROJECT NUMBER 3. PHASE (Precon, Demo, Const)4. TOTAL BID OR CM SERVICES * AMT. (Required)
Div.
No.
SUBCONTRACTOR/SUBCONSULTANT/VENDOR
NAME
BUDGET
(Est. Cost)
CONTRACT
AMOUNT DESCRIPTION
MWBE
or SBE
(Yes or
No)
AMOUNT
PERCENTAGE
%
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
SUBTOTAL(this page
only)>
1. PROJECT NAME 2. PROJECT NUMBER 3. PHASE (Precon, Demo, Const)4. TOTAL BID OR CM SERVICES * AMT. (Required)
Div.
No.
SUBCONTRACTOR/SUBCONSULTANT/VENDOR
NAME
BUDGET
(Est. Cost)
CONTRACT
AMOUNT DESCRIPTION
MWBE
or SBE
(Yes or
No)
AMOUNT
PERCENTAGE
%
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
SUBTOTAL(this page
only)>
M&M Asphalt Maintenance Inc., d/b/a All County Paving
Office 561-588-0949 | Fax 561-588-2140 | 1180 SW 10th Street, Delray Beach, FL 33444
Office 407-610-8069 | Fax 407-380-2001| 6648 Old Cheney Highway Unit D, Orlando, FL 32807
info@allcountypaving.com
Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, APWA, PRSM, NEYRA
FDOT CERTIFIED CONTRACTORS
Note: All County cannot work around vehicles. Management is responsible for towing when owners fail to comply with paving and/or seal coat schedule.
Palm Beach County: U-21491
Broward County: 13-3A-17799-R
Collier County: LCC20110001485
Martin County: MCP5910
General Contractor: CGC1509532
Per Special Conditions, Paragraph AA - Organizational Profile
Provide the Corporate Name and Parent Company (if applicable) and address of corporate
headquarters. Provide the names, titles, addresses, email, and telephone numbers of the persons
authorized to answer any questions related to Company’s proposal. The Organization Profile should
also include information such as number of years in the business, number of locations, location of
facilities, company vision statement, and a succinct history of the company.
Corporate Name: M&M Asphalt Maintenance Inc.,d/b/a All County Paving
Corporate Headquarters: 1180 SW 10th Street Delray Beach, Florida 33444
Persons authorized to answer any questions related to the Company’s Proposal:
1. Kenneth Goldberg
a. Title: President
b. Address: 1180 SW 10th Street Delray Beach, Florida 33444
c. Email: kgoldberg@allcountypaving.com
d. Phone Number: 561-588-0949
2. Jeffrey Cohen
a. Title: Executive Vice President
b. Address: 1180 SW 10th Street Delray Beach, Florida 33444
c. Email: jcohen@allcountypaving.com
d. Phone Number: 561-588-0949
3. Joshua Marfleet
a. Title: Senior Pavement Advisor
b. Address: 1180 SW 10th Street Delray Beach, Florida 33444
c. Email: jmarfleet@allcountypaving.com
d. Phone: 561-302-9361
4. Herb Miller
a. Title: Director of Project Management
b. Address: 1180 SW 10th Street Delray Beach, Florida 33444
Revised 12/05/19
20C-46V - SPECIAL CONDITIONS
(Upon receipt, all submittals become Public Records and shall be subject to public disclosure consistent
with Chapter 119, Florida Statutes. See paragraph 54 in General Conditions for details.)
A. SCOPE:
The purpose and intent of this Invitation to Bid is to secure prices and establish a Term
Contract for Paving and Drainage Services, as specified herein.
B. DELIVERY:
Items in the Invitation to Bid are for various schools and departments located throughout
Palm Beach County and are not for delivery to any central location. Deliveries are to be FOB
destination as per purchase order. All deliveries made to schools and departments shall require
inside delivery unless otherwise specified.
C. BIDSYNC:
1. All offers must be submitted electronically to BidSync.com. including all required
documents listed in the solicitation. No other responses will be accepted, including
hard copy or emailed responses.
2. BidSync supports online document tracking and completion. All documents must
be viewed/accepted before the bid packet can be viewed and an offer can be placed.
3. The District will only consider offers that have been uploaded and submitted
through BidSync PRIOR to the bid closing date and time. As with any document
upload, larger documents and/or heavy user activity may result in longer upload
times. Please allow sufficient time to complete your offer.
4. IMPORTANT INFORMATION: For help filling out your offer, please visit:
https://support.bidsync.com/hc/en-us/articles/222437508-How-do-I-respond-to-a-
bid-
All responses entered into BidSync must be typed in. DO NOT cut and paste
from any other program. Doing so may corrupt or invalidate your response and
not allow you to respond.
In order to complete this response process, you must first select “Review
response,” verify the information is correct then enter your password and select
“Confirm & submit response.”
After clicking “Confirm & submit response,” a confirmation page loads with “Offer
Received” at the top of the page. If you do not see this confirmation, your offer was
not submitted successfully.
If you select to receive a confirmation e-mail indicating a successful response you
will receive a confirming email within five minutes.
If you do not receive confirmation that your offer has been received, please call
BidSync at 800-990-9339 Option 1 (Customer Care) and then Option 1 (Vendor
Assistance).
In the event an addendum(s) to a solicitation is created, the addendum(s) will be distributed
by BidSync to all who are known by the Purchasing Department to have received a complete
set of proposal documents.
Be advised that registering with BidSync is a FREE service.
D. BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT:
The School District is requesting this affidavit to include a list of every “person” (as defined in
Section 1.01 (3), Florida Statues to include individuals, children, firms, associates, joint
adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations
and all other groups and combinations) holding 5% or more of the beneficial interest in the
disclosing entity. The Beneficial Interest and Disclosure of Ownership Affidavit (PBSD
Form 1997) must be downloaded, signed, notarized and uploaded with your bid
response. The Proposer must submit all supporting documentation in the name of the
Proposer’s entity only. Parent and/or subsidiary entities will not be acceptable.
E. FLORIDA PREFERENCE:
Pursuant to §287.084 Florida Statute, award recommendations shall make appropriate
adjustments to pricing when considering solicitations from Proposers having a principal place
of business outside the State of Florida. All Proposers must complete and electronically
submit the Proposer’s Statement of Principal Place of Business with the response to
this solicitation. Failure to comply may be considered non-responsive to the terms of this
solicitation. Refer to http://www.leg.state.fl.us/Statutes/index.cfm for additional information
regarding this Statute.
F. SBE PREFERENCE:
Award recommendations shall make appropriate adjustments to pricing when considering
solicitations from a District certified Small Busines Enterprise (SBE) if the bid price does not
exceed the lowest bidder's price by an amount greater than $50,000 or 5%, whichever is less.
In instances where the certified SBE's price difference is greater than $50,000 or 5%, the
lowest responsive, responsible bidder will be awarded the contract and the goals shall be
deemed waived. The requirements to qualify for the SBE are to be certified by the School
District of Palm Beach County, subject to the criteria indicated in paragraph P. The District
does not recognize any other certifications. Graduation from the District SBE Certification
Program shall void certification if a vendor has exceeded the revenue/sales size standards for
their industry specific classification for the previous three year period. See Paragraph N, SBE
GOAL, and Paragraph P, SMALL BUSINESS ENTERPRISE PARTICIPATION, for
complete detail. For District certification go to
https://www.palmbeachschools.org/diversityinbusiness website and complete the SBE
certification application.
G. AWARD:
Contract will be awarded to ALL responsive, responsible bidders meeting specifications, terms,
and conditions of this bid. Whenever work is needed, awarded vendors will be notified to
provide a proposal for that project based on their prices listed in this bid. The project will then
be given to the vendor with the best price for that project.
Whenever paving and/or drainage services are required, the procedures listed in paragraph
CC will be followed. Price quotes must be itemized based on the prices submitted on the Bid
Line Items of this bid. However, it is understood that each project may warrant an additional
educational discount. Therefore, a vendor may always submit an itemized quote that is based
on a lower price than those submitted in their bid documents.
The Board reserves the right to undertake inquiries into proposer’s financial and/or litigation
history, and by submitting a proposal, the proposer expressly consents to these inquiries.
The Board, through its designee(s), reserves the right to further negotiate any proposal,
including price and warranty, with all responsible and responsive bidders to meet the needs
of the District. If a mutually beneficial agreement with the bidder offering the lowest cost and
who is deemed responsible and responsive cannot be resolved, The Board, through its
designee(s), reserves the right to enter into negotiations with the next bidder offering the
lowest cost and who is deemed responsible and responsive until an agreement is reached
to meet the needs of the District. Upon award of a particular item to the successful bidder,
the vendor cannot substitute an item without prior approval by the Purchasing Department.
Vendor must supply the item that was specified according to their bid response unless
instructed otherwise by the Purchasing Department.
The Purchasing Department or their designee reserves the right to use the next bidder offering
the lowest cost and who is deemed responsible and responsive in the event the original
awardee of the bid cannot fulfill their contract, subject to the terms and conditions of Preference
awards as provided herein. The next bidder offering the lowest cost and who is deemed
responsible and responsive prices must remain the same as originally bid and must remain
firm for the duration of the contract.
Emergency repairs: Emergency repairs are defined as situations where immediate repairs
are required to prevent the loss of service to alleviate the possibility of a situation which
would adversely and unduly affect the safety, health or comfort of building, occupants, or
otherwise cause loss to the School District. In the event of an emergency, the District may
select at their discretion, a vendor from the pool of awarded vendors to provide emergency
repair services.
In cases of an emergency, the District may contact an awarded vendor and authorize
emergency services. The contacted vendor shall respond within 4 hours. If repairs are
done immediately, vendor shall notify Facility Management Coordinator for the job of
completion and an itemized invoice shall be submitted within 24 hours. In situations
where there are extended lead times, fabrication time, or the work will not take place
immediately, a written quote-estimate shall be submitted to the Facility Management
Coordinator. This quote should include estimated time of completion, lead times, and
other pertinent information. Emergency services may require work be performed after
regular hours, weekends, and holidays.
H. TERM OF CONTRACT:
The term of this contract shall be for three (3) years from the date of award and may, by mutual
agreement between the School District and the awardee(s), be renewable for two (2) one-
periods. If considering renewing the Contract, the Board, through the Purchasing Department,
will provide a letter of intent to renew the Contract to the awardee(s) 120 days prior to the end
of the initial term of the Contract period or any subsequent renewal term. If needed, the
Contract may be extended 120 days beyond the Contract expiration date or any subsequent
renewal periods. The awardee(s) will be notified when the Board has acted upon the
recommendation. All prices shall be firm for the entire length of the Contract and all subsequent
renewal periods however, nothing prohibits the District from accepting lower pricing during the
term of this contract.
I. REFERENCES:
Electronically Complete the Reference Document and include at least five (5) references
from customers that you have contracted with to provide paving and drainage work.
This should include at least one reference from a customer who has been with you for
a year or less, three references from veteran customers with long term or repeat
contracts and at least one reference from a past customer who is currently not under
contract with you. Please do not include the School District of Palm Beach County as
a reference.
NOTE: The information requested must include a current contact name, phone number
and email address for each reference.
J. QUALIFICATIONS:
Provide photocopies of the following (valid and current) licenses and/or certificates: Failure
to provide this documentation may result in rejection of bid.
If you are a business located within Palm Beach County please provide:
1. Palm Beach County Local Business Tax Receipt, formerly Occupational License.
AND
2. Proof of an active Certificate of Authority issued by the Florida Department of State
which authorizes the Bidder to transact business in the State of Florida. This proof
may be provided by either submitting a copy of the Letter of Authority issued by the
Office of the Secretary of State or by submitting a copy of the Certificate of Status
Verification which may be obtained via Sunbiz.org-Department of State.
AND
3. Copy of industry/skills certifications and /or licenses required for the performance of
paving and drainage services. Copy of the proposer’s Certified General
Contractor’s (CGC) License, issued by the Florida Department of Business and
Professional Regulations. By submitting a bid, each bidder certifies that they
possess a current certificate of competency issued by the State of Florida. All
subcontractors must have appropriate licenses.
Per Florida Statutes 607.1501, A foreign corporation may not transact business in this state until it
obtains a certificate of authority from the Department of State. For information on how to register to
do business in the State of Florida go to: https://dos.myflorida.com/sunbiz/forms/
If you are an out of the county business please provide:
1. a current Business Tax Receipt within that county you are registered
AND
2. Proof of an active Certificate of Authority issued by the Florida Department of State
which authorizes the Bidder to transact business in the State of Florida. This proof may
be provided by either submitting a copy of the Letter of Authority issued by the Office
of the Secretary of State or by submitting a copy of the Certificate of Status Verification
which may be obtained via Sunbiz.org-Department of State.
AND (if applicable)
3. Copy of industry/skills certifications and /or licenses required for the performance of
paving and drainage services. Copy of the proposer’s Certified General Contractor’s
(CGC) License, issued by the Florida Department of Business and Professional
Regulations. By submitting a bid, each bidder certifies that they possess a current
certificate of competency issued by the State of Florida. All subcontractors must have
appropriate licenses.
The bidder(s) must have an adequate organization, facilities, equipment, and personnel to insure
prompt and efficient service. The District reserves the right, before recommending any award, to
inspect the facilities to determine ability to perform. The District reserves the right to reject bids
where evidence submitted, investigation and/or evaluation, is determined to indicate inability of the
bidder to perform.
K. PLACING AN OFFER:
The Board objects to and shall not consider any additional terms or conditions submitted by
a respondent, including any appearing in documents attached as part of a respondent’s
response. In submitting its response, a respondent agrees that any additional terms or
conditions, whether submitted intentionally or inadvertently, shall have no force or effect.
Failure to comply with terms and conditions, including those specifying information that must
be submitted with a response, shall be grounds for rejecting a response.
All offers must be submitted electronically to BidSync.com. No offer will be considered if
submitted after the closing date and time. Hard copy bids will not be accepted.
Allow sufficient time to complete your offer, and follow all steps outlined in Paragraph C.
If necessary, an addendum will be distributed by BidSync to all who are known by the
Purchasing Department to have received a complete set of proposal documents.
L. BID QUESTIONS:
From the time this solicitation is posted until the time a Decision or Intended Decision is
posted, potential Proposers and employees, representatives, partners, director, officers, or
other individuals acting on behalf of the Proposer, shall be prohibited from lobbying any
School District employee, Member of the School Board, Member of a School District
Advisory Committee that may evaluate the awarded contract, or person selected to evaluate
or recommend selection of the awarded Proposer. Violation of the Cone of Silence shall
result in rejection/disqualification of the Proposer from award of a contract arising out of this
solicitation. Further, in order to protect the integrity of the award process, all questions
regarding this solicitation must be submitted via BidSync no later than 5:00 p.m. EST, on
Monday, March 9, 2020. Questions received via BidSync by the time and date specified will
be answered in writing and posted on BidSync. Debra Hammerschlag is authorized only to
direct the attention of prospective proposers to various portions of the Bid so that they may
read and interpret such for themselves. Neither Debra Hammerschlag nor any employee of
the District is authorized to interpret any portion of this Bid or give information as to the
requirements of the Bid in addition to that contained in the written documents.
All questions submitted (along with their source) are subject to Public Records Laws and as
such will be available for inspection upon receipt of a Public Records Request.
M. POSTING OF BID RECOMMENDATION / TABULATIONS:
Bid recommendations and tabulations will be posted electronically with BidSync for review
by interested parties, on Friday, April 3, 2020 at 3:00 p.m., EST, and will remain posted for a
period of 72 hours. If the bid tabulation with recommended awards is not posted by said date
and time, A "Notice of Delay of Posting" will be posted to inform all bidders of the new posting
date and time.
Any person adversely affected by the decision or intended decision, as defined in School
Board Policy 6.14 (4) (a), must file a notice of protest, in writing, within 72 hours after the
posting of the notice of decision or intended decision. Saturdays, Sundays and State
Holidays shall be excluded in the computation of the 72-hour time period. The formal written
protest must be filed within 10 days after the date the notice of protest is filed. The formal
written protest shall state with particularity the facts and law upon which the protest is based.
Failure to file a notice of protest or to file a formal written protest within the time prescribed
in section 120.57 (3), Florida Statutes, shall constitute a waiver of proceedings under chapter
120, Florida Statutes.
N. SBE GOAL:
The Board strongly encourages the use of Small Business Enterprises for participation as
partners: joint venture partners, subcontractors, sub-consultants and prime contractors, in the
District’s contracting opportunities. A listings of Certified Small Business Enterprises can be
found on the District’s Office of Diversity in Business Practices web site at
http://www.palmbeachschools.org/diversityinbusiness.
O. SUB-CONTRACTING:
If a vendor intends to sub-contract any portion of this bid for any reason, the name and address
of the subcontracting firm must be submitted with the bid or prior to use for approval. No sub-
contracting will take place prior to bid-awarded vendor furnishing this information and receiving
written approval from the District. Subcontractors will be required to conform to the Jessica
Lunsford Act as noted in the General Conditions document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed
in the proper performance of an award or failed to deliver on-time contracts of a similar nature,
or who is not in the position to perform this award. The School District Representative reserves
the right to inspect all facilities of any subcontractor in order to make determination as to the
foregoing. The subcontractor will be equally responsible for meeting all requirements specified
in this Invitation to Bid. Vendors are encouraged to seek SBE business enterprises for
participation in sub-contracting opportunities. The sub-contractor shall be equally responsible
for meeting all requirements specified in this Invitation to Bid.
P. SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION:
An SBE business must meet The School District of Palm Beach County’s (SDPBC) eligibility
standards incorporated in the definition of Small Business Enterprise (SBE) as outlined in
School Board Policy 6.143, Diversity and Equitable Utilization in Business, which requires
that the business be certified by SDPBC.
SDPBC defines a Small Business Enterprise (SBE) as having average annual gross sales
that are less than fifty (50%) of the small business size standard as defined by the U.S. Small
Business Administration (SBA) for a firm’s relevant industry. The average number of full-
time employees over the last three years that is less than fifty percent (50%) of small business
size standard as defined by SBA for the business firm’s relevant industry. See SBE
guidelines at: www.sba.gov/federal-contracting/contracting-guide/size-standards.
The principal place of business of the SBE must be in Palm Beach County, Broward County,
and /or Miami Dade County. The firm’s headquarters must be located in Palm Beach County,
Broward County, and/or Miami Dade County with either, a majority of the firm’s gross
revenues or sales derived there, or a majority of firm’s employees domiciled in one of these
counties.
An SBE business must have received less than one million dollars ($1 million) in contract
payments from the School District of Palm Beach County projects or contracts in the fiscal
year preceding the bid.
An SBE business shall be independent (a free-standing business) and recognized as a
separate entity for tax purposes. Businesses that share common ownership, space,
employees, or other facilities, may be considered as a single business for this program
without reference to tax status.
The business must have been established and operational for a period of at least one (1) full
year prior to the certification application. The business’s address must include street number,
name of the street, suite number, if any, and correct zip code. A post office box is
unacceptable without the physical street address.
Revenues or Sales Size Standards:
Procurement Program – Any firm that has had an average cumulative gross sales or
revenues of greater than seven million dollars ($7 million) over the last three (3) years shall
not be considered eligible to participate in the School District’s SBE program for procurement.
SDPBC will accept SBE certification on a school district solicitation if the bidder can
demonstrate that they meet the guidelines as outlined in the School District’s Small Business
Enterprise Program eligibility guidelines. Industry specific classification and income thresholds
are consistent with and meets the standards contained in School Board Policy 6.143 and the
Office of Diversity in Business Practices Procedures Manual as depicted in the chart below.
INDUSTRY INCOME THRESHOLD
Construction Not to exceed $13,000,000.
Professional Services Not to exceed $6,000,000.
General Procurement Not to exceed $7,000.000.
SBE Vendor Directory:
The Vendor Directory represents SBE vendors certified only by the School District of Palm
Beach County. Vendors certified as an SBE with any entity or agency other than the School
District of Palm Beach County will not be accepted. The District does not have reciprocity
with any other certifying Agency/Entity. The District has an Inter-local Agreement (IA) with
The City of West Palm Beach, Palm Beach County and Miami-Dade County Public Schools;
however, SBE bidders must have met the certification eligibility criteria of the District’s
certification program at the time of documentation submittal in order to be deemed a District
Certified SBE.
Goal: The Goal established for this industry classification is an SBE Bid Preference
of 5% for the participation of Small Business Enterprises.
SBE Bid Preference:
Pursuant to Board Policy 6.143, award recommendations shall make appropriate adjustments
to pricing when considering solicitations from School District of Palm Beach County (SDPBC)
certified Small Business Enterprises (SBE) if the bid price does not exceed the lowest bidder's
price by an amount greater than $50,000 or 5%, whichever is less. In instances where the
certified SBEs price difference is greater than $50,000 or 5%, the lowest responsive,
responsible bidder will be awarded the contract and the goals shall be deemed waived.
Qualification requirements for SBE Bid Preference are, the bidder must be certified by the
School District of Palm Beach County, at the time the bid is submitted. The District does not
recognize any other certifications. Bidders must submit their School District Certification
Certificate with the bid. For District certification go to
http://www.palmbeachschools.org/diversityinbusiness website and complete the SBE
certification application.
Small Business Enterprise Participation:
Bidders who list SBE subcontractors as participants in their bids must complete and submit the
Subcontractor Participation Letter of Intent, Form 1525 and Subcontractor Participation
Summary, Form 1526. Form 1526 will be submitted with all requests for payment, and will be
submitted as part of the response to the solicitation.
SBE Bid Preference is a not the same as Small Business Enterprise Participation.
If SBE Bid Preference is indicated, then the Bid does not have an SBE Participation Goal and
Forms 1525 and 1526 are not required.
The industry specific classification for this solicitation is: General Procurement
B2GNow Compliance Reporting System
The SCHOOL BOARD maintains an electronic Contract Compliance System known as the
B2GNow Compliance Reporting System. This Contract is subject to Compliance Tracking and
Contractor shall use the B2GNow secure web-based system to submit Project Specific
information including, but not limited to, monthly payments and progress reports on all
Subconsultants and Subcontractors.
Contractor understands that all Subconsultants and/or Subcontractors are also required to
utilize the B2GNow Reporting System to manage their contact information and Project
Specific records, respond to any noted instructions and/or information requests. Contractor
agrees to advise all of its Subconsultants and/or Subcontractors in writing of the requirement
to submit all Contract Compliance related data electronically to the B2GNow Reporting
System. Contractor further agrees and understands it is responsible for ensuring all
Subconsultants and/or Subcontractors have uploaded all requested items via the B2GNow
Reporting System.
Contractor understands its contact information and that of its Subconsultants and/or
Subcontractor must remain accurate and up-to-date in the B2GNow Reporting System and
agrees to timely notify SCHOOL BOARD of any changes to its contact information or that of
a Subconsultant and/or Subcontractor. From time to time, the SCHOOL BOARD may require
additional information from the Contractor and/or its Subconsultants/Subcontractors and
Contractor agrees that it will provide such information, within five (5) business days via the
B2GNow Reporting System. Contractor understands its obligations hereunder are continuing
and shall survive the expiration or termination of the Contract.
Information concerning access of the B2GNow Reporting System will be provided to
Contractor by the Office of Diversity in Business Practices. The B2GNow Reporting System
is web-based and can be accessed at the following Internet address:
https://palmbeachschools.diversitycompliance.com/. The Contractor shall contact the Office
of Diversity in Business Practices to register for training and support for the B2GNow
Reporting System. Contractor agrees to advise all of its Subconsultants and/or
Subcontractors in writing of their obligation to contact the Office of Diversity in Business
Practices to register for training and support for the B2GNow Reporting System. For
information request and questions, contact the Office of Diversity in Business Practices (561-
681-2403).
See paragraph O for additional details regarding subcontractors.
Q. ACCESSIBILITY TO AND COOPERATION WITH INSPECTOR GENERAL AND STAFF:
The Awarded Vendor agrees and understands that the School District’s Office of Inspector
General shall have immediate, complete, and unrestricted access to all financial and
performance-related records, papers, books, documents, information, writings, drawings,
graphs, photographs, processes, data or data compilations, computer hard drives, emails,
instant messages, services, and property or equipment purchased in whole or in part with
School Board funds ("Information and Records"). The Awarded Vendor shall furnish the
Inspector General with all Information and Records requested for the purpose of conducting
an investigation or audit, as well as provide the Inspector General with reasonable assistance
in locating assets and obtaining information and records that are in the possession, custody,
or control of the Awarded Vendor or its subcontractor. The Awarded Vendor understands,
acknowledges, and agrees to abide by applicable portions of School Board Policy 1.092. Such
policy is located at: http://www.palmbeachschools.org/policies/.
R. PUBLIC RECORDS LAW:
The Responder shall:
a. Keep and maintain public records that ordinarily and necessarily would be required by
the School Board of Palm Beach County in order to perform the service to the Board
under this agreement.
b. Upon request from the Board's custodian of public records, provide the Board with a copy
of 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.
c. 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 Agreement term and following completion of the Agreement if the Responder does
not transfer the records to the Board.
d. Upon completion of the Agreement, transfer, at no cost, to the Board all public records in
possession of the Responder or keep and maintain public records required by the Board
to perform the service. If the Responder transfers all public records to the Board upon
completion of the Agreement, the Responder shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements.
If the Responder keeps and maintains public records upon completion of the Agreement,
the Responder shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the Board, upon request from the
Board's custodian of public records, in a format that is compatible with the information
technology systems of the Board.
Failure of Responder to abide by the terms of this provision shall be deemed a material
breach of this Agreement. This provision shall survive any termination or expiration of this
Agreement. In the event of a dispute regarding the enforcement of this provision where the
Responder has unlawfully refused to comply with the public records request within a
reasonable time, the School Board shall be entitled to recover its reasonable costs of
enforcement, including reasonable attorney's fees from the vendor as authorized by
119.0701, Fla. Stat.
IF THE RESPONDER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, HE OR SHE MUST CONTACT
THE PUBLIC RECORDS MANAGEMENT COORDINATOR FOR THE
SCHOOL DISTRICT OF PALM BEACH COUNTY AT 561-629-8585,
PUBLICRECORDS@PALMBEACHSCHOOLS.ORG, OR 3300
FOREST HILL BLVD., SUITE C-110, WEST PALM BEACH, FL, 33406.
Public Records Exemption:
1) For purposes of this paragraph, “competitive solicitation” means the process of
requesting and receiving sealed bids, proposals, or replies in accordance with the terms
of a competitive process, regardless of the method of procurement.
2) Sealed bids, proposals, or replies received by an agency pursuant to a competitive
solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until
such time as the agency provides notice of an intended decision or until 30 days after
opening the bids, proposals, or final replies, whichever is earlier.
3) If an agency rejects all bids, proposals, or replies submitted in response to a competitive
solicitation and the agency concurrently provides notice of its intent to reissue the
competitive solicitation, the rejected bids, proposals, or replies remain exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency
provides notice of an intended decision concerning the reissued competitive solicitation
or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or
reply is not exempt for longer than 12 months after the initial agency notice rejecting all
bids, proposals, or replies.
S. INSURANCE REQUIREMENTS:
In the event of loss, damage or injury to the awarded bidder(s) and/or the awarded bidder's
property, the awarded bidder(s) shall look solely to any insurance in its favor without making
any claim against the School Board of Palm Beach County. The bidder’s insurance coverage
shall be primary and noncontributory. Proof of the following insurance will be furnished by the
awarded vendor(s) to the School Board of Palm Beach County by Certificate of Insurance. The
School Board shall be named as an additional insured.
Original copies of Certificates of Insurance meeting the specific required provision specified
within this contract/agreement shall be forwarded to the School District of Palm Beach
County, Purchasing Department by email (insurancecertificate@palmbeachschools.org), or
fax (561-963-3823), and approved prior to the start of any work or the possession of any school
property. Renewal certificates must be forwarded to the same department prior to the policy
renewal date.
Thirty days written notice must be provided to the School District of Palm Beach County via
certified mail in the event of cancellation. The notice must be sent to the Purchasing
Department.
1. WORKERS' COMPENSATION: WORKERS' COMPENSATION:
Bidder must comply with Section 440, Florida Statutes, Workers’ Compensation and
Employees’ Liability Insurance with minimum statutory limits or elective exemptions as
defined in Florida Statute 440 will be considered on a case by case basis.
Required Endorsements:
○ Waiver of Subrogation – WC 0003 13 or its equivalent
2. COMMERCIAL GENERAL LIABILITY:
Bidder shall procure and maintain for the life of the contract, Commercial General Liability
Insurance. This policy shall provide coverage for death, bodily injury, personal injury,
products and completed operations liability and property damage that could arise directly
or indirectly from the performance of the contract. It must be an occurrence form policy.
THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN
ADDITIONAL INSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL
LIABILITY INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single
Limit for Bodily Injury Liability and Property Damage Liability.
Required Endorsements:
○ Additional Insured – CG 20 26 or CG 20 10 and CG 20 37 or their
equivalents.
Note: CG 20 10 or CG 2026 must be accompanied by CG 20 37 to include
products/completed operations.
○ Waiver of Transfer Rights of Recovery – CG 24 04 or its equivalent.
○ Primary and noncontributory – CG 2001 or its equivalent.
Note: If blanket endorsements are being submitted, please include the entire
endorsement and applicable policy number.
3. BUSINESS AUTOMOBILE LIABILITY:
Awarded vendors shall procure and maintain, for the life of the contract/agreement,
Business Automobile Liability Insurance. THE SCHOOL BOARD OF PALM BEACH
COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE
FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE.
The minimum limits of coverage shall be $500,000 per occurrence. This coverage shall be
an “Any Auto” form policy or a form policy that includes “Scheduled Autos, Hired Autos,
and Non-Owned Autos” coverage. The insurance must be an occurrence form policy.
In the event the contractor does not own any vehicles, we require an affidavit signed by the
contractor indicating the following:
____________________ (Company Name) does not own any vehicles. In the event we
acquire any vehicles throughout the term of this contract/agreement, _______________
(Company Name) agrees to purchase Business Automobile Liability coverage as indicated
above on the date of acquisition.
4. WAIVER OF SUBROGATION:
The awarded bidder(s) hereby waives any right of subrogation against the School Board
of Palm Beach County, for loss, damage or injury within the scope of the Bidder’s
insurance, and on behalf of itself and its insurer, waives all such claims against the School
Board of Palm Beach County.
NOTE: The terms and conditions of this agreement shall apply with respect to awarded
bidder’s operations for any school or ancillary owned by the School Board of Palm Beach
County.
T. E-VERIFY
Vendor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify
the employment eligibility of all new employees hired by Vendor while performing work or
providing services for the School Board of Palm Beach County, Florida on its behalf utilize
the E-Verify system to verify the employment of all new employees hired by all
subcontractors. Vendor is also required to complete the Certification for E-Verify Form and
upload with your bid response. Failure to do so may result in rejection of your proposal.
U. PAYMENT / PAYMENT TERMS:
Payment will be made after the goods/services from the awarded vendor have been
received/completed; inspected and found to comply with award specifications, free of
damage or defect; and a properly billed invoice is received and processed in the Accounting
Services Department.
The District’s payment terms are net 30 days; however, the District will accept terms for early
payment. See Early Payment Terms Document.
Payment will not be processed until the following occurs:
1. The complete and satisfactory receipt of all items ordered. All pricing in accordance with
the bid.
2. The receipt of a properly billed invoice in the Accounting Services Department.
Invoices to the School Board MUST include the following to permit verification of
prices and expedite payment to vendors:
1. Name and Address of Vendor
2. A Unique Invoice Number
3. Date of Shipment
4. Line Item Total or Extended Price
5. Purchase Order Number
6. A copy of the first invoice for this contract shall be sent to the Purchasing Agent for
review at debra.hammerschlag@palmbeachschools.org.
Invoice copy and/or packing slip must be presented at time of delivery. Original
Invoice must be sent to Accounting Services, 3300 Forest Hill Blvd., Suite A-323,
West Palm Beach, FL 33406, or submitted electronically
To submit an invoice as an email attachment, ensure that the electronic document meets the
guidelines below and email the invoice to apinvoice@palmbeachschools.org.
Electronic Invoice Submission Guidelines:
a. Submit industry standard PDF’s, created at a 300-dpi bi-tonal equivalent (either image
or text only content) or bi-tonal or grey scale TIF’s.
b. Each invoice must be its own file attachment. Multiple invoices in a single email is
supported, but each invoice must be a separate file attachment
If you are interested in learning more about submitting invoices via email, please
contact Bob Rucinski at bob.rucinski@palmbeachschools.org, or call him at (561) 434-
8701.
Failure to timely submit invoices(s) to Accounting Services as set forth above may
significantly delay processing and payment of the invoice.
The School Board may not process invoices submitted more than 120 Days after the date
the goods or services were delivered without prior approval from the Accounting Services
Department.
Vendor waives claims for payment of goods and/or services on invoice(s) not received by the
Accounting Services Department within 120 Days of the delivery. Prior approval by
Accounting Services is required if invoicing will extend past 120 days.
The above terms and conditions are agreed to by submitting an offer on this bid.
V. INCORRECT PRICING/INVOICES:
Any pricing on invoices that is incorrect or freight charges that were not included on the original
Purchase Order, must be brought to the attention of the Purchasing Agent and corrected prior
to the shipment(s) of goods or initiation of services. Additional costs that were not brought to
the District’s attention and did not receive written approval via a Change Order issued by the
Purchasing Agent may not be honored.
W. CHANGE ORDERS:
Any addition(s) to the Scope of Work or to a Purchase Order as a result of the bid award that
adds additional costs must be brought to the School Districts attention and approved by the
Purchasing Department prior to commencement of additional work, shipment of goods or the
addition of unauthorized freight charges. Once approved, a Change Order will be issued to
include the additional costs and work may commence and/or shipment of goods can begin.
Additional costs that were not brought to the district's attention and did not result in a Change
Order approved by the Purchasing Agent may not be honored.
X. DISTRICT PURCHASING CARD:
The School District has authorized the use of a Purchasing Card with Visa through the Bank
of America to expedite small dollar purchases for materials, supplies, and other items needed
for daily operations. Vendors may be presented these credit cards by authorized School
District personnel for the above mentioned purchases. Each cardholder’s authorization limit
may not exceed $1,000 daily per vendor effective July 1, 2006 (with the exception of travel).
Purchase orders are strongly discouraged for purchasing materials, and supplies under
$1,000.
Y. CONFLICT OF INTEREST:
On vendors own business letterhead, all vendors must disclose the name of any officer,
director, or agent who is also an employee of the District. All vendors must disclose the name
of any District employee who owns, directly or indirectly, any interest in the responder's
business or any related entity. By submitting this documentation to the District, the vendor
represents and warrants that District employee does not have a prohibited conflict of interest
as provided in Chapter 112, Florida Statutes and School Board Policy 3.02 Code of Ethics.
Z. CODE OF ETHICS:
Per District Policy 3.02, District Employees shall not accept gifts or gratuities in violation of the
State Code of Ethics or which give the appearance that the gift improperly influenced a
decision.
AA. ORGANIZATION PROFILE:
Provide the Corporate Name and Parent Company (if applicable) and address of corporate
headquarters. Provide the names, titles, addresses, email, and telephone numbers of the
persons authorized to answer any questions related to Company’s proposal. The Organization
Profile should also include information such as number of years in the business, number of
locations, location of facilities, company vision statement, and a succinct history of the
company. In addition, the Beneficial Interest and Disclosure of Ownership Affidavit (PBSD
Form 1997) must be completed, signed, notarized and returned with your bid.
BB. COMPANY FINANCIALS:
Vendors shall provide financial statements giving the District enough information to
determine financial stability. Failure to do so may result in your response being rejected.
a. Balance Sheet or Annual Report for the last three (3) years
b. Three (3) years of income statements
c. Federal or State tax liens or judgements for the proposer’s entity for the last five years.
If no liens or judgements exist, please so state on Company Letterhead and upload with
your response.
You may also include (optional):
a. Statement of Changes in financial position;
b. Letter from the proposer banking institution
c. Statement from certified public accounting firm.
CC. SITE INSPECTION(s):
When a potential project is defined, a quote request will be requested following the
procedures listed below:
Projects with estimated cost:
$5,000 or less: Facilities Management Coordinator (FMC)/Senior Projects Administrator
(SPA)/Project Coordinator (PC) will send notice to a contractor from the awarded pool of
contractors whose cost and schedule best meets the needs of the District. Contractor
shall contact the FMC/SPA/PC within one working day to confirm their ability to quote the
job and within three working days of request contractor shall provide the requester with
an itemized quote for the repairs based on scope of work provided to the contractor or
based on contractors visit to the site. Purchasing Agent will be copied on notification.
$5,000 to $10,000: FMC/SPA/PC will send notice to the pool of awarded contractors.
Included in notice shall be:
Site location, address, and contact person
Scope of work
Plan drawings (if applicable)
Site inspection (if applicable)
If required, include date, time, mandatory or non-mandatory, meeting location
Question deadline
Quote due date (include quote sheet template)
Copy Purchasing Agent
$10,000 and up: Purchasing Department will post a Request for Quote (RFQ) on Bidsync
and include scope of work and any associated plans or prints. The RFQ will be open to
only those vendors awarded on this contract.
Following the site inspection, quotations shall be submitted as directed and by the deadline
specified. This quotation shall be based on the individual scope of work, bid special conditions,
bid specifications and all applicable regulations and codes, and submitted on the Quote Sheet.
Price quotes must be itemized based on the prices submitted with this bid on the Bid
Line Items. However, it is understood that each project may warrant an additional
educational discount. Therefore, a contractor may always submit an itemized quote
that is based on a lower price than those submitted in their bid documents.
DD. AREA REPRESENTATIVE:
Bidder should indicate on the attached Area Representative Document the name, address,
phone number and email address, if available, of the vendor representatives who will make
periodic scheduled visits to the schools and departments and will be available, upon request,
to resolve billing and delivery problems.
EE. WARRANTY:
The contractor shall furnish written guarantee that all labor and materials shall
be fully warranted by the contractor for a period of five (5) years from date of substantial
completion of entire project. The successful bidder shall conduct an inspection three (3)
years after installation to check for any defects. If a defect is found, the contractor agrees to
repair without delay and at their own expense all such defects.
FF. DELAYS AND EXTENSIONS OF TIME:
If the contractor is delayed at any time in the progress of the work for any cause or reason
which is beyond their control, contract time shall be extended by mutual agreement between
the contractor and the School District (Purchasing Department). The contractor shall submit
written request for extension within five calendar days after occurrence of a delay.
GG. LIQUIDATED DAMAGES:
Should the contractor fail to complete the work within the time specified on the purchase
order, and provided the contractor has not previously obtained an extension of time, the
School District reserves the right to collect liquidated damages. Said liquidated damages
shall be assessed at the rate of $250 per day for each calendar day that work remains
uncompleted after the time allotted.
HH. PERMITS AND CODE INSPECTIONS:
Permits: The Vendor shall secure all necessary building permits from the Permitting Authority
(The School District of Palm Beach County Building Code Services (BCS) Department).
Related instructions are located on the BCS Home
https://www.palmbeachschools.org/cms/One.aspx?portalId=270616&pageId=6789846.
Construction will be inspected for code compliance, compliance with drawings and
specifications, and quality by inspectors working for the Permitting Authority.
The Vendor shall provide the following information to the Permitting Authority and obtain
approval from the Permitting Authority prior to beginning construction:
(a) Documents as required by the Permitting Authority
(b) Vendor should assume a 30 day turnaround time from the time of submission of
required documents for obtaining a building permit.
Code Inspections: All projects require detailed code compliance inspections during
construction in disciplines determined by the Permitting Authority. These disciplines normally
include, but are not necessarily limited to, structural, mechanical, electrical, plumbing and
general building safety. Inspection personnel will be provided by the Permitting Authority.
The Vendor shall request the appropriate inspector(s), no less than 48 hours in advance, that
the work is ready for inspection and before the work is covered up. Work not inspected and
approved prior to cover-up shall be uncovered for inspection when directed by the Permitting
Authority. All costs for uncovering and reconstruction shall be borne by the Vendor.
All inspections shall be made for conformance with the applicable building codes, compliance
with drawings and specifications, and quality.
Cost for all re-inspections of Work found defective and subsequently repaired shall be borne
by the Vendor.
II. MEASUREMENTS:
Each bidder is responsible for making an on-site measurement of the area to be serviced in
order to determine exact requirements. All bidders shall be responsible for accuracy of field
measurements. Bidders shall investigate the location of the work and the conditions of the
installation required.
AT NO TIME WILL THE DISTRICT PAY FOR MEASUREMENT, LABOR OR ANY
OTHER FEES ASSOCIATED TO PROVIDING A QUOTE.
JJ. BALANCE OF LINE:
The "balance of line" shall include new product and upgraded catalogs. Additions shall be
submitted as they occur. Deletions and discontinued items shall be reported by bid awarded
vendors as they occur.
KK. QUANTITIES:
Quantities set forth in this Invitation to Bid are estimates based on anticipated usage. They
are subject to change (increase/decrease) in order to meet the needs of the School District
of Palm Beach County. The bidder agrees that the price(s) offered shall be maintained
irrespective of the quantity actually purchased.
LL. CONTRACTOR RESPONSIBLITIES:
The successful bidder (hereinafter referred to as the contractor) shall furnish, at their
expense, all labor, supervisors, equipment, machinery, tools, materials, transportation, and
other facilities and services necessary to fully complete all work specified herein and in
accordance with the School District Master Specifications.
All work shall be coordinated with appropriate District official and meet all requirements for
FCAT black-out period testing. All work shall maintain occupancy and egress requirements to
maintain occupancy of the school without disruption.
The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish, scrap
materials, and debris that result from their operations so that work site presents a neat and
orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the
premises. NO rubbish shall be deposited as fill on the work site. At completion of work, the
contractor hall remove all work materials, tools, construction equipment, machinery, and
surplus materials from the work site and shall leave project in ready to use condition.
The District official shall provide a schedule for the required work and coordinate all required
work with other occupancy and/or construction occurring on or in this area by others.
Safeguard of all equipment, tools, materials, etc., at the work site is the contractor's
responsibility.
The contractor shall be responsible for the protection of all personnel against hazards and/or
injuries due to their construction operations at the work site.
Contractor shall correct any and all damage caused by their operations to the District's
satisfaction at no additional cost to the District.
The contractor shall have an English-speaking supervisor/representative on the worksite at
all times, who shall be thoroughly knowledgeable of all plans, specifications, and other
contract documents and has the authority to act in the contractor's behalf.
The contractor shall be responsible for the appearance of all working personnel assigned to
the projects (clean and appropriately dressed) at all times, and their compliance with School
Board Policies and Rules prohibiting smoking and consumption of alcohol and illegal drugs
while on campus. The provision or use of existing sanitary facilities will be discussed and
determined at the pre-construction meeting. The contractor shall provide to the owner
certification that all personnel on site comply with Level 2 FDLE and FBI screening, with the
report of the results provided by or to the School District’s Police Department, which shall be
the sole determiner of clearance. All contractor and sub-contractor personnel must have a
badge, indicating clearance. The contractors name and a traceable number must be visible.
No contact between students or School staff is allowed with any contractor, sub-contractor, or
supplier. If contacted by school personnel or staff, refer them to the School Districts Project
Coordinator for this project. More information on Level 2 screening can be found at:
https://www.palmbeachschools.org/cms/One.aspx?portalId=270616&pageId=6252328.
BID PREPARATION CHECKLIST:
The Bid Preparation Checklist is a guide to assist the Bidder in verifying the completeness of their
Bid. The Bid Preparation Checklist does not relieve the Bidder of the responsibility of ensuring
that all requirements of this solicitation are included with submittal of their response. Items
checked “required” must be submitted with your bid response or your bid may be declared non
responsive.
*Reminder* The Proposer must submit all supporting
documentation in the name of Proposer’s entity only.
Parent and/or subsidiary entities will not be acceptable.
SPECIFICATIONS
Specifications pertinent to this bid, are contained in a separate document titled
“Specifications”.
Verified
by Vendor
Required Document See Special
Condition
Yes Bidder Acknowledgement N/A
Yes Area Representative Paragraph DD
Yes Required Response Form N/A
Yes Bid Line Items N/A
Yes Certificates/License Paragraph J
Yes Beneficial Interest and Disclosure of Ownership
Affidavit
Paragraph D
Yes Proposer's Statement of Principal Place of
Business
Paragraph E
Yes Debarment Certification N/A
Yes Reference Document Paragraph I
Yes Early Payment Terms Paragraph U
Yes (if
applicable)
Form 1525, Letter of Intent – SBE
Subcontractor Participation
Paragraph P
Yes (if
applicable)
Form 1526, SBE Subcontractor Participation
Summary
Paragraph P
Yes Form 0580, Drug-Free Workplace Certification N/A
Yes Organizational Profile Paragraph AA
Yes Company Financials Paragraph BB
Yes Conflict of Interest/Non Conflict of Interest
Statement
Paragraph Y
Yes E-Verify Form Paragraph T
Yes Complaint Notification/Bid General Conditions See General
Conditions
Paragraph 26
20C-46V - SPECIFICATIONS
PART 1 - GENERAL
SECTION INCLUDES
A. Topsoil removal
B. Earthwork
C. Compacted Subgrade
D. Limerock, Shellrock, Base Course and Crushed Concrete
E. Asphaltic Concrete Surface Course
F. Pavement Resurfacing
G. Pavement Seal Coating
H. Pavement Repair and Rehabilitation
REFERENCES
A. The references to "standard specifications" shall mean the Florida Department of
Transportation standard specifications for road and bridge construction, latest edition, except
for those paragraphs referring to measurement and payment.
B. The references to AASHTO shall mean the American Association of State Highway and
Transportation Officials.
C. The reference to "District" shall mean the Palm Beach County School District.
D. Refer to District Master Specifications which may be accessed through the following link:
https://www.palmbeachschools.org/cms/one.aspx?pageId=7083736
QUALITY ASSURANCE
A. Perform work in accordance with standard specifications.
B. Asphalt/Concrete Plant - conform to standard specifications.
C. Obtain materials from same source throughout duration of each project.
REGULATORY REQUIREMENTS
A. All work shall conform to Florida Statutes, State Requirements for Educational Facilities.
B. Permits for work on public right-of-ways shall be obtained and paid for by the Palm Beach
County School Board.
ENVIRONMENTAL REQUIREMENTS
A. Do not place asphalt when base course surface temperature is below 40F.
B. The mixture shall not be spread when the wind is blowing to such an extent that proper and
adequate compaction cannot be maintained or when sand and dust are being deposited on
the surface being paved, to the extent that bond between layers will be diminished.
RESPONSIBILITY FOR INSPECTION AND TESTS
A. District Responsibility: It will be the District's responsibility to employ and pay for the services
of an independent testing laboratory. The contractor shall pay for samples required except
those secured by the test lab. The contractor shall pay for all retests required due to failure to
meet specifications.
B. Contractor Responsibility: No failure of test agencies, whether engaged by the District or
contractor, to perform adequate inspection or tests or to properly analyze or report results,
shall relieve the contractor of responsibility for the fulfillment of the requirements of the contract
document.
C. Coordination with District's Agencies: Afford access and reasonable time in the construction
sequence for the District's inspections and tests to be performed. Cooperate with agencies
and provide incidental labor and services needed for the removal and delivery of test samples,
and for inspections and taking measurements. Provide patching and restoration services
where test samples have been removed.
D. Test Agency Responsibilities: Test agencies, regardless of whether engaged by the District
or contractor, are not authorized to change or negate the requirements of the contract
documents. Each agency shall coordinate its assigned work with the construction schedule
as maintained by the contractor, and shall perform its work promptly so as not to delay the
work. Observations by agencies having a bearing on the work shall be reported to the District,
in the most expeditious way possible, and shall be recorded in writing by the agency. Agency
personnel shall not interfere with or assume the duties of the contractor.
PAYMENT
A. Payment shall be made for the items listed on the Bid Line Items on the basis of the work
actually performed and completed, such work including but not limited to the furnishing of all
necessary labor, materials, equipment, transportation, cleanup, and all other appurtenances
to complete the construction and installation of the work to the configuration and extent as
shown on the drawings and described in the specifications.
B. Topsoil Stripping: Payment shall be made per cubic yard as measured by length, width, and
depth of volume stripped.
C. Excavation of Cut Areas to Stockpile: Payment shall be made per cubic yard as measured by
length, width, and depth of volume excavated.
D. Excavation of Cut Areas to Fill Areas: Payment shall be made per cubic yard as measured by
length, width, and depth of volume excavated. No additional payment will be made for
spreading and compacting this material in fill areas.
E. Fill Material, Imported, Spread and Compacted: Payment shall be made per cubic yard as
measured by truck volume. Signed and dated truck tickets shall be required for payment.
District reserves right to field measure truck volume.
F. Load and Haul Excavated Material: Payment shall be made per cubic yard as measured by
truck volume. Haul distance shall be actual mileage between project site and dump site.
G. Paving:
1. Subgrade: Payment shall be made per square yard as measured extending 6" beyond
limits of base course.
2. Base Course: Payment shall be made per square yard as measured extending 6" beyond
limits of paving. No additional payment shall be made for prime coat.
3. Paving: Payment shall be made per square yard as measured. No additional payment
shall be made for tack coat.
4. Milling of existing asphalt pavement: Payment shall be made per square yard at specified
depth and shall include proper removal and disposal of material. Minimum of 500 s.y.
shall apply to milling.
H. Mobilization: Payment shall be made one time for each separate project with the exception
of repairs (patching). Payment shall be made one per day for multiple repair work (patching)
sites/projects per zone. No additional payment shall be made unless work is stopped by
District for a period in excess of three months.
I. Asphalt Removal: Payment shall be made per cubic yard as measured by truck volume of
material removed. Payment shall include all costs associated with the asphalt removal
including but not limited to saw cutting, removal, loading, hauling, dumping, dump fees, etc.
J. Reworking of Existing Base:
1. Scarify Existing Base: Payment shall be made per square yard of existing base, as field
measured, requiring scarification to whatever depth required.
2. Adding of Base Material: Payment shall be made per cubic yard as measured by truck
volume. Signed and dated truck tickets shall be required for payment. District reserves
the right to field measure truck volume.
3. Finish and Compact Base Course: Payment shall be made per square yard of finished
base, as field measured.
K. Pavement Resurfacing:
1. Paving: Payment shall be made per square yard at the price for the type and thickness
shown on Bid Line Items. No additional payment shall be made for tack coat.
2. Leveling Course: Payment shall be made per ton as shown on asphalt plant ticket.
Asphalt plant ticket shall be signed and dated.
L. Repairs:
1. Repairs: Payment shall be made per square yard and include all material, equipment, and
supervision required to complete a job. No additional payment shall be made for tack coat
or base.
2. Mobilization: Payment shall be made one per day for multiple repair work (patching)
sites/projects per zone.
M. Storm Drains:
1. Installation: Payment shall be at the price for the type storm drain shown on Bid Line
Items.
2. Payment shall include all material, equipment, and supervision required to complete a
job.
N. Drainage Pipes:
1. Installation: Payment shall be at the price for the type drainage pipes shown on Bid Line
Items.
2. Payment shall include all material, equipment, and supervision required to complete a
job.
O. Quantities on Bid Line Items:
1. Quantities on Bid Line Items are estimated only for the purpose of fairly evaluating bids
based on anticipated contract usage.
2. Quantities on Bid Line Items shall in no way constitute a guaranteed minimum annual
contract amount.
3. The District reserves the right to exceed these quantities or limit the use of this contract
in accordance with its own best interest.
PART 2 - PRODUCTS
MATERIALS
A. Soil Materials: Soil materials used for backfill and fill shall be free of rock or gravel larger than
two inches in any dimension, debris, waste, vegetable, and other deleterious matter.
B. Limerock Base: Limerock shall consist of fossiliferous limestone of uniform quality, and shall
not contain hard or flinty pieces which will prevent attainment of a smooth pavement surface
free from pits or pockets. At the contractor's option, either Ocala limerock or Miami Oolite
limerock may be used, but only one type may be used on any one project.
1. Limerock shall be composed of not less than 70% of carbonates of calcium and
magnesium, and not more than 3% of water-sensitive clay material.
2. Limerock shall conform to Section 911 of the standard specifications.
C. Shellrock Base: Shellrock shall be locally mined material from naturally occurring deposits.
The material shall not contain silica sand in sufficient quantity to prevent bonding.
Shellrock shall conform to Section 913 of the standard specifications.
D. Prime Coat: The bituminous material to be used for prime coats shall be either cut-back
asphalt, Grade RC-70 or RC-250. Materials shall conform to Section 916 of standard
specifications.
E. Tack Coat: The bituminous material to be used to tack coat shall be emulsified asphalt, Grades
RS-L, CRS-L, SS-1, CSS-1, SS-1H, CSS-1H, AE-60, AE-90, AE-150, CRS-2H, Special MS
Emulsion, or Asphalt Emulsion Prime (AEP) meeting the requirements of Section 916-5 of the
standard specifications. The materials specified shall not be diluted prior to use.
F. Asphaltic Concrete Surface Course:
1. Asphaltic Concrete Surface Course shall be the type called for on the drawings and
specifications.
2. The job mix formula, size and percentage of aggregates shall be as specified in the
standard specifications.
G. Crushed or Recycle Concrete
1. The use of recycled or crushed concrete for construction of roadway base course shall
comply with requirements in District Master Specification Section 02400, entitled
“Bituminous Concrete Pavement”. Refer to Part 2.3 therein.
PART 3 - EXECUTION
TOPSOIL STRIPPING
A. Topsoil is defined as surface soil found in an depth of not less than 4". Satisfactory topsoil is
reasonably free of subsoil, lumps, stones, and other objects over 2" in diameter, and without
weeds, roots, and other objectionable material.
B. Strip topsoil to whatever depths encountered in a manner to prevent intermingling with the
underlying subsoil or other objectionable material.
C. Remove heavy growths of grass from areas before stripping. Where trees are indicated to be
left standing, stop topsoil stripping in a sufficient distance to prevent damage to the main root
system.
D. Stockpile topsoil in storage piles where directed. Construction storage piles shall freely drain
surface water. Cover storage piles if required to prevent wind-blown dust.
EXCAVATION
Excavation consists of the removal and disposal of materials encountered when establishing the
required grade elevations.
A. Where it is necessary to cut roots projecting into an excavation or to trim branches for
equipment clearance, all severed root ends or cuts to branches over 1/2" diameter shall be
treated with an asphalt base pruning paint. Backfill over exposed roots as soon as possible.
B. Earth excavation includes the removal and disposal of pavements and other obstructions
visible on the ground surface, underground structures and utilities indicated to be demolished
and removed, material of any classification indicated in data on subsurface conditions, and all
other materials encountered that are not classified as rock excavation or unauthorized
excavation.
C. Material Storage: Stockpile excavated materials classified as satisfactory soil material where
directed, until required for fill. Place, grade, and shape stockpiles for proper drainage. Dispose
of excess unsatisfactory soil material, trash and debris, as specified.
FILL
A. Ground Surface Preparation: Remove vegetation, debris, unsatisfactory soil materials,
obstructions, and deleterious materials from ground surface prior to placement of fills. Plow,
strip, or break-up sloped surfaces steeper than one vertical to four horizontal so that fill material
will bond with existing surface.
When the existing ground surface has a density less than that specified under "Compaction"
for the particular area classification, break-up the ground surface, pulverize, moisture-condition
to the optimum moisture content, and compact to the required depth and percentage of
maximum density.
B. Placement and Compaction: Place backfill and fill materials in layers not more than 8" in loose
depth for material compacted by heavy compaction equipment, and not more than 4" loose
depth for material compaction by hand-operated equipment. Before compaction, moisten or
aerate each layer as necessary to provide the optimum moisture content of the soil material.
Compact each layer to the required percentage of maximum dry density or relative dry density
for each area classification. Do not place backfill or fill material on surfaces that are muddy.
Backfill excavations as promptly as the work permits, but not until completion of inspection,
testing, approval, and recording location of underground utilities, as required.
COMPACTED SUBGRADE
Subgrade construction shall consist of bringing the bottom of excavations and top of embankments
of the roadway, between the outer limits of the stabilized shoulders or base course, to a surface
conforming to the grades, lines and cross sections shown on the drawings, of uniform density, ready
to receive the base course. Before adding any fill, clear and grub all areas to be paved. All
subgrades, shall be compacted to 98% of maximum density as determined by AASHTO T-180.
BASE COURSE
A. Limerock and Shellrock
1. Base material shall be dumped on the end of the preceding spread without dumping or
hauling directly on the subgrade. Equipment for spreading and grading shall be as
specified in Section 200 of the "Standard Specifications". After the spreading is
completed, the entire surface shall be scarified and then shaped to produce the required
grade and cross section after compaction. Water shall be added as required to obtain
the specified density.
2. Compaction shall be by rolling a compaction of steel wheel and rubber tired rollers until
an average density of 98% of the maximum density is reached as tested under AASHTO
method T-180. Compaction and finishing shall be in accord with double course base
requirements of Paragraph 200-6 of the "Standard Specifications". Tests will be paid for
by the District and retests paid for by the contractor.
B. After completion of compaction, the surface of the base course shall be checked with a
template cut tot he required crown, and the thickness shall be checked by borings. Any surface
irregularities in excess of 1/4" or any deficient thickness shall be corrected by scarifying and
adding material after which the entire area shall be recompacted. A sanded prime coat shall
be applied after the base has been accepted.
ASPHALTIC CONCRETE SURFACE COURSE
A. Surface Preparation
1. On a newly constructed base course, the surface shall be prepared as set forth in the
section covering such base course, and shall be cleaned of all loose and foreign material.
The base shall then be primed, and a tack coat applied (if required), followed by
application of the surface course.
2. Where the surface course is constructed on the existing pavement or old base which is
irregular, the existing surface shall be brought to the proper grade and cross section by
patching and/or a leveling course. Prior to applying patching, leveling course or surface
course on the existing pavement, the surface shall be cleaned and all foreign matter
removed, and a tack coat applied as specified herein. A similar tack coat shall be applied
over patches or leveling course.
3. Where this surface course is to be constructed over newly constructed surface treatment,
all loose material shall be swept clean from the paving area and removed from the job
site unless specified otherwise. A tack coat shall then be applied on the surface treatment
before the surface course is laid.
4. Prime Coat: Apply at the rate of 0.10 gal. per sq. yd. over compacted base. Apply
material to penetrate and seal, but not flood, surface. Apply a light uniform cover of sand
and allow to cure.
5. Tack Coat: Apply to contact surfaces of previously constructed asphalt or portland
cement concrete and surfaces abutting or projecting into asphaltic concrete pavement.
Distribute at rate of 0.02 to 0.08 gal. per sq. yd. of surface unless a more specific rate is
specified on the drawings.
B. Placing the Mix
1. General:
a. Place asphaltic concrete mixture on clean prepared surface, spread and strike-
off. Place inaccessible and small areas by hand. Place each course to required
grade, cross-section, and compacted thickness.
b. Follow "Standard Specifications" Section 330 for general construction of the
surface course as applicable to this project, including compacting and finishing.
2. Joints: Make joints between old and new pavements, or between successive days' work,
to ensure continuous bond between adjoining work. Construct joints to have same
texture, density and smoothness as other sections of asphaltic concrete course. Clean
contact surfaces and apply tack coat.
3. Patching: Remove and replace paving areas mixed with foreign materials and defective
areas. Cut-out such areas and fill with fresh, hot asphaltic concrete. Compact by rolling
to maximum surface density and smoothness.
4. Protection:
a. After final rolling, do not permit vehicular traffic on pavement until it has cooled
and hardened.
b. Erect barricades to protect paving from traffic until mixture has cooled and
attained its maximum degree of hardness.
C. Field Quality Control
1. General: Test the in-place asphaltic concrete courses for compliance with requirements
for thickness and surface smoothness. Repair or remove and replace unacceptable
paving as directed by the engineer/architect.
2. Thickness: The compacted thickness of the base or surface courses shall be not less
than that shown on the drawings.
3. Surface Smoothness:
Test finished surface of each asphaltic concrete course for smoothness, using 13' straight
edge applied parallel with the centering of paved area and extended across all joints.
Surfaces will not be acceptable if exceeding the following tolerances for smoothness:
a. Base Course Surface: 1/4"
b. Wearing Course Surface: 3/8"
Check surfaced areas at intervals as directed by the engineer.
PAVEMENT RESURFACING
A. Inspection: Contractor must examine the areas and conditions under which paving is to be
installed. Notify the engineer in writing of conditions detrimental to the proper and timely
completion of the work. Do not proceed with the work until unsatisfactory conditions have
been corrected in a manner acceptable to the engineer.
B. Cleaning and Preparing Existing Surface
1. Where this surface course is constructed on the existing pavement or old base which is
irregular, and where so shown on the plans, the existing surface shall be brought to the
proper grade and cross section by patching and/or a leveling course. Prior to applying
patching, leveling course, or surface course on the existing pavement, the surface shall
be cleaned and all foreign matter removed, and a tack coat applied as specified herein.
A similar tack coat shall be applied over patches or leveling courses.
2. Prime Coat: Apply at the rate of 0.10 gal. per sq. yd. over compacted base. Apply
material to penetrate and seal, but not flood, surface. Apply a light uniform cover of sand
and allow to cure.
3. Tack Coat: Apply to contact surfaces of previously constructed asphalt or portland
cement concrete and surfaces abutting or projecting into asphalt concrete pavement.
Distribute at the rate of 0.02 to 0.08 gal. per sq. yd. of surface unless a more specific rate
is specified on the drawings.
C. Placing the Mix
1. General:
a. Spreading, compacting and jointing the wearing surface shall be in strict
accordance with Section 330 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, latest edition.
b. Place asphalt concrete mixture on clean prepared surface, spread and strike-off.
Place inaccessible and small areas by hand. Place each course to required
grade, cross-section, and compacted thickness.
c. Mixture used for patching and leveling course shall not be prepared and hauled
to the road at a rate faster than spreading and compacting can be completed
before the temperature of the mixture drops too low for proper spreading and
compacting, all as determined by the engineer.
2. Joints: Make joints between old and new pavements, or between successive day’s work,
to ensure continuous bond between adjoining work. Construct joints to have same
texture, density and smoothness as other sections of asphalt concrete course. Clean
contact surfaces and apply tack coat.
3. Patching: No skin patching shall be done. When a depression is to be corrected while
the mixture is hot, the surface shall be well scarified before the addition of fresh mixture.
If irregularities occur greater than the limits herein specified, and are not corrected while
the mixture is still hot, the irregularities shall be cut out for the full depth of the layer, and
replaced with fresh, hot asphalt concrete. Compact by rolling to maximum surface density
and smoothness.
4. Leveling Course: Where a leveling course is required before a spreading and leveling
course, all depressions in the existing surface more than 1" deep shall be filled by spot
patching. The leveling course mixture shall then be thoroughly compacted.
5. Protection:
a. After final rolling, do not permit vehicular traffic on pavement until it has cooled
and hardened.
b. Erect barricades to protect paving from traffic until mixture has cooled and
attained its maximum degree of hardness.
D. Field Quality Control
1. General: Test the in-place asphalt concrete courses for compliance with requirements
for thickness and surface smoothness. Repair, or remove and replace, unacceptable
paving as directed by the engineer.
2. Thickness: The compacted thickness of the base or surface courses shall be not less
than shown on the drawings.
3. Surface Smoothness:
a. Test finished surface of each asphalt concrete course for smoothness, using a 15'
straight edge applied parallel with the centerline of the paved area and extended
across all joints. Surfaces will not be acceptable if exceeding the following
tolerances for smoothness.
(1) Base Course Surface: 1/4"
(2) Wearing Course Surface: 3/8"
b. Check surfaced areas at intervals as directed by the engineer.
E. MILLING OF EXISTING ASPHALT PAVEMENT
The work in this section consists of removing existing asphaltic concrete pavement by milling
to improve the ride ability of the finished pavement, to lower the finished grade adjacent to
existing curb prior to resurfacing, or to completely remove existing pavement.
The District will specify the depth of the cut. Milled material will become property of bidder.
PART 4 STORM SEWER MANHOLES:
A. General: Contractor shall provide pre-cast reinforced concrete storm sewer manholes as
indicated, complying with ASTM C478.
B. Top: Shall be pre-cast concrete, of concentric cone, eccentric cone, or flat slab top type, as
Indicated.
C. Base: Pre-cast concrete, with base riser section and integral floor, as indicated.
D. Frame and Cover: Shall be Ductile-iron, 26-inch diameter cover, heavy-duty, indented top
design, with lettering cast into top reading “STORM SEWER.”
PART 5 CATCH BASINS:
A. General: Provide pre-cast reinforced concrete catch basins at indicated.
B. Basin: Pre-cast reinforced concrete, in accordance with Florida Department of
Transportation Standard Specification Section 425, standard index drawings and ASTM
C478.
C. Frame and Grate: As indicated on drawings, meeting Florida Department of
Transportation Standard Specification Section 425
PART 6 POLYETHYLENE PIPE AND FITTINGS:
A. Contractor shall provide high-density corrugated polyethylene smooth interior pipe with
annular exterior corrugations. Contractor shall provide pipe fittings and accessories of same
material and weight/class as pipes, with adjoining method as indicated. All roof drain
connections shall be made with a pre-manufactured welded tee fitting.
B. All materials shall comply with AASHTO M294 Type S, AASHTO M252, ASTM 3350 and
ASTM D2321. All pipe and fittings shall be “HI-Q SURE-LOK” as manufactured by Hancor,
Inc. or as approved by the Engineer.
PART 7 STORM SEWER PIPE: POLYVINYL CHLORIDE PIPE:
A. Contractor shall provide 6 to 8 inch diameter PVC: SDR 35 conforming to ASTM C3034, with
push-on rubber gasket joints.
B. Contractor shall provide 10 to 12 inch diameter and larger PVC: PS 10 Perma-Lock with push-
on rubber gasket joints similar to those as manufactured by J-M Manufacturing Company, Inc or
acceptable equal.
C. Contractor shall provide Polyvinyl-chloride pipe for use in storm sewers connections to building
drains shall conform to the requirements of ASTM D1785, for Type II grade 1, Schedule 40.
PART 8 REINFORCED CONCRETE PIPE:
A. Contractor shall provide reinforced concrete pipes conforming to ASTM C76-79, Table III, Wall
B, or latest revision.
B. Contractor shall provide all pipes with modified tongue and groove joints, and have rubber
gaskets.
PART 9 - UNDERGROUND UTILITIES
A. The contractor is responsible for the coordination, facilitation, and scheduling of all utility
conflicts. This includes verifying location of temporary or permanent utilities, relocation or
adjustment of said utilities, or any other utility related actions on the project. Utilities shall
include, but not be limited to: natural gas, LP gas, irrigation, fire mains, water mains, force
mains, gravity sewers, water and sewer service lines, underground electrical power and
control wiring, and any other infrastructure improvement designed to convey materials or
information to and from a location.
Utility location services shall be procured by the contractor from a firm specializing in
providing said services using ground penetrating radar, ultrasonic location, pot-holding, or
other location techniques. The contractor or his subcontractor shall repair any holes or
damages resulting from location services within 2 4 hours.
PART 10 – DEPARTMENT OF TRANSPORTATION PAINT SIGNAGE
A. All pavement markings painted directly on the pavement shall comply with the
requirements in District Master Specification Section 02580, entitled “Pavement Marking”.
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
Supplier Information
Solicitation 20C-46V
This form must be filled out along with the W9 Form. (Note: It is your responsibility to contact our office if any of this
information should change. Any acquisition or changes in ownership are required on letterhead and a new W9 must be
obtained). Purchase orders are required for all purchases. No school district employee is authorized to place an order
for merchandise or services without a purchase order.
PLEASE NOTE: The School District of Palm Beach County DOES NOT make changes with BidSync (our biddingprovider), you must contact BidSync @ 1-800-990-9339 to ensure your contact information is correct in order to reveiveany future notifications regarding advertised solicitation.
ORDER TO:
Business Name M&M Asphalt Maintenance Inc.,dba All County Paving
Business Name, if different than above
Street Address 1180 SW 10th Street
Company Email Address for Electronic Purchase Orders publicworks@allcountypaving.com
Fax Number 561-588-2140
Taxpayer ID Number 61-1595442
Contact Name Jeffrey Cohen
Phone 5615880949 Ext.
REMIT PAYMENT TO:
Business Name M&M Asphalt Maintenance Inc.,dba All County Paving
Street Address 1180 SW 10th Street
COMPLETED BY Jeffrey Cohen
Title Executive Vice President
Date 3-17-20
Use the attached form "Divisions or Subsidiary Companies" that fall under the parent company and use the
same tax ID number (TIN) but they have different order to and remit to locations.
Supplier Information for Divisions or Subsidiary Companies
Indicate N/A here if not applicable N/A
This part of the is used for Divisions or Subsidiary companies that fall under the parent company and use
the same tax ID number (TIN) but have different order to and remit to locations, including fax numbers and
email addresses for Purchase Orders, please complete the following:
For questions on this form, please contact DEBRA HAMMERSCHLAG at
Phone 561-434-8229 (Email): Debra.Hammerschlag@palmbeachschools.org or Fax: 561-963-3823
City Delray Beach State FL Zip Code 33444
City Delray Beach State fl Zip Code 33444
Parent Company Name
ORDER TO:
Taxpayer ID Number
Division/Subsidiary Name
Street Address
City State Zip Code
Company Email Address for Electronic Purchase Orders publicworks@allcountypaving.com
Fax Number
Contact Name
Phone Ext.
REMIT PAYMENT TO: Same as above
Division/Subsidiary Name
Street Address
City State Zip Code
COMPLETED BY
Title
Date
Revised 8/12/2019
BOARD APPROVED
FMPO9 04/29/2020
AGENDA ITEM
INVITATION TO BID NO.: 20C-46V TERM CONTRACT FOR PAVING AND DRAINAGE SERVICES
DATE: April 6, 2020 DATE OPENED: March 23. 2020
DATE SOLICITED: February 26, 2020 DATE POSTED: April 6, 2020
PRESENTED TO BOARD: April 29, 2020
CONTRACT PERIOD: June 22, 2020 through June 21, 2023
DEPARTMENT: Various FUND: Various FUNCTION: Various ACCOUNT: Various
FUNDING SOURCE: Capital Maintenance Transfer, Capital Projects including Sales Tax Referendum
REQUESTING DEPARTMENT: Facilities Department
FINANCIAL IMPACT
The annual financial impact to the budget is not to exceed $1,500,000. The source of funds
is the Capital Maintenance Transfer, Capital Projects including Sales Tax Referendum
Items and services to be provided include Paving and Drainage Services
AWARD RECOMMENDATION / TABULATION
Vendors SBE Certified
Devland Site Paving and Utilities, Inc. 2
Saffold Paving, Inc.** 2
M & M Asphalt Maintenance Inc., DBA All County Paving** 2
Mullings Engineering Services, LLC 2
Almazan Construction* 1
Wynn & Sons Environmental Construction Co., Inc. 2
Florida Blacktop Inc. 2
LEGEND:
_______ = Award
SBE CERTIFIED - (1-Vendor SBE Certified, 2-Vendor Not SBE Certified,
3- Awarded Vendor Using SBE Subcontractor)
*5% SBE preference for vendor applied.
Revised 8/12/2019
**Saffold Paving, Inc. and M & M Asphalt Maintenance Inc., DBA All County Paving are SBE Certified
vendors however are not SDPBC Certified SBE vendors therefore they will not receive the 5% SBE
preference.
RECOMMENDATION: It is recommended that the award be made to all responsive and responsible
bidders in order to meet the needs of the School District.
Note: Original Bid document is available upon request.
BID PROTEST
Failure to file a protest within the time prescribed in §120.57(3), Florida Statutes, shall constitute a waiver of proceedings under
Chapter 120, Florida Statutes and applicable Board rules, regulations and policies. Offers from the vendors listed herein are the
only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation, if any,
are hereby rejected as late.
If a bidder wishes to protest a bid, they must do so in strict accordance with the procedures outlined in FS 120.57(3). Any person
who files an action protesting a decision or intended decision pertaining to this bid pursuant to FS 120.57(3)(b), shall post with the
Purchasing Department, at the time of filing the formal written protest, a bond secured by an acceptable surety company in Florida
payable to the School District of Palm Beach County in an amount equal to 1 percent (1%) of the total estimated contract value,
but not less than $500 nor more than $5,000. Bond shall be conditioned upon the payment of all costs that may be adjudged
against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.
In lieu of a bond, a cashier's check, certified bank check, bank certified company check or money order will be acceptable form of
security. If, after completion of the administrative hearing process and any appellate court proceedings, the District prevails, it
shall recover all costs and charges included in the final order of judgment, including charges by the Division of Administrative
Hearings. Upon payment of such costs and charges by the protester, the protest security shall be returned. If the protest prevails,
he or she shall recover from the District all costs and charges, which shall be included in the final order of judgment.
DISQUALIFYING CRIMES
The bidder certifies by submission of this bid, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded from participation in this transaction by the State of Florida or Federal
Government. Further, bidder certifies that it has divulged, in its bid response, information regarding any of these actions or
proposed actions with other governmental agencies.
Tab Approval
DG: ____________
GM: ____________
DHA: ____________
ESTIMATED
QTY
A.CY 1000
B.ea 50
C.ea 45
D.ea 30
E.ac 75
ESTIMATED
QTY
A.cy 1000
B.cy 2000
c.cy 4000
D.cy 500
E.CY 500
F.cy 200
G.cy 200
H.cy 200
I.cy 200
ESTIMATED
QTY
A.SY 1000
B.SY 1000
C.SY 1000
D.SY 1000
E.SY 1000
F.SY 1000
G.SY 1000
H.SY 1000
I.
cy
500
J.sy 1000
K.sy 1000
L.sy 1000
M.sy 1000
N.SY 1000
0 .SY 1000
p sy 1000
Q.sy 1000
20C-46V BID SUMMARY DOCUMENT
This Bid Summary Document must be used to submit prices and must be uploaded to Demandstar. Prices submitted in any other format
shall not be accepted. Vendor to complete ALL highlighted areas.
VENDOR NAME:M & M Asphalt Maintenance, Inc. dba All Countv Paving
GROUP 1: CLEARING
ITEM DESCRIPTION UNIT UNIT PRICE TOTAL
Tree Removal (less than 24" caliper)950.00$ 42,750.00$
Tree Removal (greater than 24" caliper)1,250.00$ 37,500.00$
Topsoil Stripping, stockpiled on-site $7.00 7,000.00$
Tree Removal (Palms - all sizes)1,250.00$ 62,500.00$
GROUP 2: EARTHWORK
ITEM DESCRIPTION UNIT UNIT PRICE TOTAL
Clearing and Grubbing 7,000.00$ 525,000.00$
TOTAL COST GROUP "1" (ITEM A.-E.)674,750.00$
Fill Material, Imported, Spread & Compacted 12.00$ 48,000.00$
Load and Haul Excavated Material (1-5 miles)12.00$ 6,000.00$
Excavation of Cut Areas to Stockpile 6.00$ 6,000.00$
Excavation of Cut Areas to Fill Areas 7.50$ 15,000.00$
Load and Haul Excavated Material (16-20 miles)16.00$ 3,200.00$
Load and Haul Excavated Material (20-30 miles)20.00$ 4,000.00$
Load and Haul Excavated Material (5-10 miles)13.00$ 6,500.00$
Load and Haul Excavated Material (11-15 miles)15.00$ 3,000.00$
GROUP 3: PAVING /ALL WORK SHALL BE IN ACCORDANCE WITH LATEST FOOT STANDARDS)
ITEM DESCRIPTION UNIT UNIT PRICE TOTAL
Load and Haul Excavated Material (Over
30 miles-within county)25.00$ 5,000.00$
TOTAL COST GROUP "2" (ITEMS A.-I.)96,700.00$
Base Course, Primed
Shellrock, 6" Compacted Thickness 14.00$ 14,000.00$
Shellrock, 8" Compacted Thickness 16.00$ 16,000.00$
Subgrade
12" Subgrade, Compacted (AASHTO T-180)8.00$ 8,000.00$
12", Stabilized(LBR 40)9.00$ 9,000.00$
Crushed Concrete, 6" Compacted Thickness 13.00$ 13,000.00$
Crushed Concrete, 8" Compacted Thickness 15.00$ 15,000.00$
Limerock, 6" Compacted Thickness 18.00$ 18,000.00$
Limerock 8" Compacted Thickness 20.00$ 20,000.00$
1" Type S-3 9.00$ 9,000.00$
1-1/4" Type S-3 9.75$ 9,750.00$
#57 Stone with 35% Voids (for Porous
Concrete)40.00$ 20,000.00$
Asphalt Concrete Surface Course (New Paving-Compacted Thickness)
3/4" Type S-3 8.25$ 8,250.00$
2" Type S-1 13.00$ 13,000.00$
4" Recycled Asphalt Pavement 9.00$ 9,000.00$
1-1/4" Type S-1 9.75$ 9,750.00$
1-1/2" Type S-1 11.45$ 11,450.00$
6" Recycled Asphalt Pavement 11.00$ 11,000.00$
School District of Palm Beach County Unit Pricing 2020-2023
R.SY 1000
S.SY 1000
T.sy 1000
U.sy 1000
V.sy 1000
w.sy 1000
X.sy 1000
Y.sy 1000
Z.sy 1000
AA.ea 20
BB.ea 20
CC.cy 100
DD.cy 100
EE.sy 500
FF.cy 100
GG.CY 100
HH.SY 500
II.SY 1000
JJ.sy 1000
KK.sy 1000
ESTIMATED
QTY
A.SY 1000
B.SY 1000
c.ton 100
D.sy 1000
E.sy 1000
ESTIMATED
QTY
A.ea 10
B.ea 3
C.sy 300
D.sy 800
ESTIMATED
QTY
A.ea 4
B.ea 4
C.ea 4
D .ea 4
E.ea 4
6" Asphalt Base Course (ABC 3)40.00$ 40,000.00$
8" Asphalt Base Course (ABC 3)52.00$ 52,000.00$
4" Asphalt Base Course (ABC 3)28.00$ 28,000.00$
8" Solid Concrete (3000 psi)85.00$ 85,000.00$
4" Porous Concrete (4000 psi)75.00$ 75,000.00$
Concrete Surface Course (New Paving)
4" Solid Concrete (3000 psi)60.00$ 60,000.00$
6" Solid Concrete (3000 psi)70.00$ 70,000.00$
Mobilization, East of Twenty-mile Bend 1,350.00$ 27,000.00$
Mobilization, West of Twenty-mile Bend 1,950.00$ 39,000.00$
6" Porous Concrete {4000 psi)85.00$ 85,000.00$
8" Porous Concrete {4000 psi)95.00$ 95,000.00$
Reworking Existing Base Course
Scarify Existing Base 5.00$ 2,500.00$
Adding Base Material, Shellrock 50.00$ 5,000.00$
Asphalt Removal and Disposal 165.00$ 16,500.00$
Concrete Removal and Disposal 215.00$ 21,500.00$
Milling of Existing Asphalt Pavement {Includes Disposal)
1/2" Average Depth 3.50$ 3,500.00$
1" Average Depth 4.25$ 4,250.00$
Adding Base Material, Limerock 65.00$ 6,500.00$
Finish and Compact Base Course Primed 9.00$ 4,500.00$
GROUP 4: RESURFACING /Includes broom sweeo/surface oreo and disoosall
ITEM DESCRIPTION UNIT UNIT PRICE TOTAL
1-1/2" Average Depth 4.75$ 4,750.00$
TOTAL COST GROUP "3" (ITEMS A.-KK.)939,200.00$
Leveling Course 125.00$ 12,500.00$
Tvpe S-1, 3/4" Compacted Thickness 7.50$ 7,500.00$
Pavement Resurfacing
Tvpe 11, 1" Compacted Thickness 8.25$ 8,250.00$
Type Ill, 1"Compacted Thickness 9.25$ 9,250.00$
GROUP 5: REPAIRS
ITEM DESCRIPTION UNIT UNIT PRICE TOTAL
Type S-1, 1" Compacted Thickness 8.25$ 8,250.00$
TOTAL COST GROUP "4" (ITEMS A.-E.) $ 45,750.00
Asphalt for jobs up to and including three (3) square yards 55.00$ 16,500.00$
Asphalt for jobs greater than three (3) square
yards 50.00$ 40,000.00$
Mobilization, East of Twenyv-mile Bend 1,350.00$ 13,500.00$
Mobilization, West of Twentv-mile Bend 1,950.00$ 5,850.00$
FDOT Manholes (DEPTH MEASURED GRATE TO LOWEST INVERT. ALL MANHOLES TO INCLUDE
Storm Sewer Manhole, 4' in Diameter x 4' Deep (installed)3,400.00$ 13,600.00$
Storm Sewer Manhole, 4' in Diameter x 6'
Deep (installed)3,700.00$ 14,800.00$
TOTAL COST GROUP 5 (ITEMS A.-D.) $ 75,850.00
GROUP 6: STORM DRAINS
ITEM DESCRIPTION UNIT UNIT PRICE TOTAL
Storm Sewer Manhole, 6' in Diameter x 6' Deep (installed)4,100.00$ 16,400.00$
Storm Sewer Manhole, 4' in Diameter x 8' Deep (installed)3,900.00$ 15,600.00$
Storm Sewer Manhole, 6' in Diameter x 4 '
Deep (installed)3,700.00$ 14,800.00$
F.ea 4
G.ea 4
H.ea 4
I.ea 4
J.ea 4
K.ea 4
L.ea 4
M.4
N.4
0.4
P.6
Q.6
R.6
S.6
T.6
U.6
V.6
W.6
X.6
Y.6
DESCRIPTION ESTIMATED
QTY
A.40
B.50
C.50
D.35
E.40
F.45
DESCRIPTION ESTIMATED
QTY
G.40
H.40
40
J.40
K.600 24,600.00$
Storm Sewer Manhole, 6' in Diameter x 8' Deep (installed)4,800.00$ 19,200.00$
Type E Catch Basin, inside dimension 3'1" x 4'1" and 4'
Deep, Installed 4,400.00$ 17,600.00$
Type C Catch Basin, inside dimension 2'0" x 3'1" and 6'
Deep, Installed 4,400.00$ 17,600.00$
FDOT Storm Basin (DEPTH MEASURED GRATE TO LOWEST INVERT. ALL MANHOLES TO INCLUDE
Type C Catch Basin, inside dimension 2'0" x
3'1" and 4' Deep, Installed 3,400.00$ 13,600.00$
Type D Catch Basin, inside dimension 3'1" x
4'1" and 4' Deep, Installed 3,900.00$ 15,600.00$
Type C Catch Basin, inside dimension 2'0" x 3'1" and 8'
Deep, Installed ea 4,800.00$ 19,200.00$
Type D Catch Basin inside dimension 3'1" x 4'1" and 8'
Deep, Installed ea 5,800.00$ 23,200.00$
Type D Catch Basin inside dimension 3'1" x 4'1" and 6'
Deep, Installed 4,400.00$ 17,600.00$
Type E Catch Basin, inside dimension 3'1" x
4'1" and 6' Deeo, Installed 4,800.00$ 19,200.00$
Type E Catch Basin inside dimension 3'1" x
4'1" and 8' Deep, Installed ea 5,800.00$ 23,200.00$
ADS YARD DRAINS or approved equivalent (DEPTH MEASURED GRATE TO LOWEST INVERT. ALL
8" ADS Drain 4' Deep, Installed ea 1,600.00$ 9,600.00$
24" ADS Drain 4' Deep, Installed ea 3,800.00$ 22,800.00$
36" ADS Drain 4' Deep, Installed ea 5,000.00$ 30,000.00$
12" ADS Drain 4' Deep, Installed ea 2,100.00$ 12,600.00$
18" ADS Drain 4' Deep, Installed ea 3,100.00$ 18,600.00$
18" ADS Drain 6' Deep , Installed ea $ 4,500.00 27,000.00$
24" ADS Drain 6' Deep, Installed ea $ 5,500.00 33,000.00$
8" ADS Drain 6' Deep, Installed ea 2,250.00$ 13,500.00$
12 " ADS Drain 6' Deep, Installed ea $ 3,000.00 18,000.00$
GROUP 7: DRAINAGE PIPES-Suooly and install in accordance to Specifications Part 6 and 7 for manufactures
ITEM UNIT UNIT PRICE TOTAL
36" ADS Drain 6 ' Deep , Installed ea $ 6,500.00 39,000.00$
TOTAL COST GROUP 6 (ITEMS A.-Y.)485,300.00$
24" Polyurethane Pipe and Fittings, Installed If 65.00$ 3,250.00$
30" Polyurethane Pipe Fittings, Installed If 75.00$ 2,625.00$
Polyurethane Pipe and FittinQs HI-Q SURE-LOK by Hancor, Inc., or acceptable ec ua l
15" Polyurethane Pipe and Fittings, Installed If 35.00$ 1,400.00$
18" Polyurethane Pipe and Fittings, Installed If 45.00$ 2,250.00$
ITEM UNIT UNIT PRICE TOTAL
36" Polyurethane Pipe and Fittings, Installed If 95.00$ 3,800.00$
ADS Rain Leader Connection ea 750.00$ 33,750.00$
6" Storm Sewer Pipe: Polyvinyl Chloride
Pipe, Installed If 18.00$ 720.00$
8" Storm Sewer Pipe: Polyvinyl Chloride Pipe,
Installed If 22.00$ 880.00$
Storm Sewer Pipe: Polyvinyl Chloride Pipe J.M. Manufacturing Co., or acceptable equal
Reinforced Concrete Pioe and Fittinas
15" Reinforced Concrete Pipe and Fittings, Installed If 41.00$
10" Storm Sewer Pipe: Polyvinyl Chloride Pipe,
Installed If 33.00$ 1,320.00$
12" Storm Sewer Pipe: Polyvinyl Chloride Pipe,
Installed If 35.00$ 1,400.00$
L.160 8,480.00$
M.160 11,200.00$
N.80 7,200.00$
0.80 10,400.00$
P.40 6,400.00$
Q.40 7,200.00$
R.8 1,800.00$
s.8 2,000.00$
T.40 3,800.00$
u.40 4,200.00$
V.40 4,800.00$
w.40 3,720.00$
X.40 4,000.00$
$151,195.00
ESTIMATED
QTY
A.120 2,400.00$
B.80 1,760.00$
c.110 2,750.00$
D.60 1,800.00$
E.100 3,500.00$
F.8 1,000.00$
G.12 30,000.00$
$ 43,210.00
ESTIMATED
QTY
A.85 2,975.00$
B.125 6,250.00$
C.12 18,000.00$
D.14 28,000.00$
55,225.00$
ESTIMATED
A.lump
sum 1
B.lump
sum 1
C.lump
sum 1
ESTIMATED UNIT PRICE
QTY
18" Reinforced Concrete Pipe and Fittings, Installed If 53.00$
36" Reinforced Concrete Pipe and Fittings, Installed If 130.00$
42" Reinforced Concrete Pipe and Fittings, Installed If 160.00$
24" Reinforced Concrete Pipe and Fittings, Installed If 70.00$
30" Reinforced Concrete Pipe and Fittings, Installed If 90.00$
60" Reinforced Concrete Pipe and Fittings, Installed If 250.00$
15" Slotted RCP with Filter Fabric, Installed If 95.00$
48" Reinforced Concrete Pipe and Fittings, Installed If 180.00$
54" Reinforced Concrete Pipe and Fittings, Installed If 225.00$
23" x 14" Elliptical RCP, Installed If 93.00$
30" x 19" Elliptical RCP, Installed If 100.00$
18" Slotted RCP with Filter Fabric, Installed If 105.00$
24" Slotted RCP with Filter Fabric, Installed If 120.00$
1" PVC (includes valves & fittings)If 20.00$
1.5" PVC (includes valves & fittings)If 22.00$
TOTAL COST GROUP 7 (ITEMS A.-X.)
GROUP 8: WATER DISTRIBUTION SYSTEMS
ITEM DESCRIPTION UNIT UNIT PRICE TOTAL
4" PVC /includes valves & fittings)If 35.00$
4" DIP CLASS 51 If 125.00$
2" PVC (includes valves & fittings)If 25.00$
3" PVC (includes valves & fittings)If 30.00$
TOTAL
4" Sewer Service 0'-6' Cut SDR 35 If 35.00$
Connect To Existing Service 2" - 4"ea 2,500.00$
TOTAL COST GROUP 8 (ITEMS A.-G.)
GROUP 9: SEWAGE COLLECTION SYSTEMS
4" Sewer Service > 6' Cut SDR 35 If 50.00$
Inside Drop Connection ea 1,500.00$
ITEM DESCRIPTION UNIT UNIT PBICE
ITEM DESCRIPTION UNIT TOTAL
QTY I UNIT PRICE
Connect To Existing Sanitary Sewer ea 2,000.00$
TOTAL COST GROUP 9 (ITEMS A.-D.)
GROUP 11: UTILITY LOCATES - Shall be paid as a direct reimbursable, upon presentation of an invoice from
1 Acre 3,000.00$ 3,000.00$
TOTAL COST GROUP 11 (ITEMS A.-C.)6,500.00$
Utilities Locations
1/4 Acre 1,500.00$ 1,500.00$
1/2 Acre 2,000.00$ 2,000.00$
GROUP 12: MISCELLANEOUS ITEMS
ITEM DESCRIPTION UNIT TOTAL
A.sy 1000
B.If 100
C.If 100
D.If 100
E.If 100
F.If 100
G.If 100
H.If 100
I.If 100
J.If 100
K.If 100
L.If 100
M.If 100
N.If 100
0.If 100
P.ea 10
Q.ea 10
R.ea 10
S.ea 10
T.ea 10
U.sf 100
V.ea 10
W.ea 10
X.SY 1000
Y.sy 1000
z.SY 1000
AA.If 100
BB.hr 75
Additional items 2,649,255.00$
Additional materials - cost plus percentage bid 1 ea 10%
Hourly labor rate 1 hr 75.00$
Sealcoat-per FOOT Road & Bridge Section 310
(Bituminous Surface Treatment)1.00$ 1,000.00$
FOOT 2' Valley Gutter 45.00$ 4,500.00$
FOOT Type F Curb 50.00$ 5,000.00$
4" White StripinQ (Paint)""0.75$ 75.00$
FOOT 3' Valley Gutter 50.00$ 5,000.00$
FOOT Type D Curb 30.00$ 3,000.00$
4" White Striping (Thermoplastic)**2.00$ 200.00$
6" White Striping (Thermoplastic)**3.00$ 300.00$
6" White Striping (Paint)""1.00$ 100.00$
12" White Striping (Paint)**2.00$ 200.00$
6" Colored (any) Striping (Paint)**1.00$ 100.00$
4" Colored (any) Striping (Thermoplastic)**2.00$ 200.00$
12" White Striping /Thermoolastic**4.00$ 400.00$
4" Colored (any) Striping (Paint)**0.75$ 75.00$
FOOT "Stop" Sign with Post, Installed 425.00$ 4,250.00$
FOOT "Do Not Enter" Sign with Post,
Installed 425.00$ 4,250.00$
6" Colored (anv) Striping (Thermoolastic)**3.00$ 300.00$
New Concrete Wheel Stops, Installed 55.00$ 550.00$
Existing Marking - Blackout 2.00$ 200.00$
Parking Symbol - Handicapped (Paint)**100.00$ 1,000.00$
FOOT "Slow" Sign with Post, Installed 425.00$ 4,250.00$
FOOT "Disabled Parking/Fine" Sign with
Post, Installed 425.00$ 4,250.00$
Bahia Sod 7.00$ 7,000.00$
Floratam Sod 8.00$ 8,000.00$
Parking Symbol - Handicapped
Thermoolastic)""600.00$ 6,000.00$
Survey Layout and Record Drawings $ 5.75 5,750.00$
•• Unit price indicated shall include temporary striping.
TOTAL COST GROUP 12 (ITEMS A.-BB.)75,575.00$
Root Barrier 40.00$ 4,000.00$
Vegetation Relocation (including watering)75.00$ 5,625.00$
VILLAGE OF NORTH PALM BEACH
GENERAL EMPLOYEES RETIREMENT SYSTEM
MINUTES: FEBRUARY 1, 2022
1. Jim Peterson called an electronic meeting of the Board to order at 9:05 AM and called roll. Those persons present
included:
TRUSTEES
Paul Wieseneck, Acting
Chairman
Alan Kral, Trustee
Myrna Williams, Secretary
Jane Lerner, Trustee
OTHERS
Amanda Kish, Administrator (Resource Centers)
Blake Myton, Investment Consultant (Truist)
Bonni Jensen, Attorney (Klausner Kaufman Jensen & Levinson)
2. APPROVAL OF MINUTES
The Trustees reviewed the Minutes for November 2, 2021. The date of minutes at the header is incorrect.
Trustee Jane Lerner moved to approve the amended Minutes November 2, 2021, Trustee Alan Kral seconded the
motion and the motion passed unanimously.
3. REPORTS
Attorney: Klausner Kaufman Jensen & Levinson (Bonni Jensen)
Mrs. Jensen informed the Board Ivez Chaves who recently passed without commence his benefit. The beneficiary
who is ex-wife requested his retirement benefit. The issue is that Florida has presumption that if you are divorced
the beneficiary will need to be renamed the beneficiary to be eligible to collect a benefit. Mrs. Jensen stated that
she has been in contact with Mrs. Chavez attorney and will keep the Board informed.
Mrs. Jensen presented the special tax notice to the Board. She briefly reviewed the form.
Mrs. Jensen requested the Village to add the pension Board to the Cyber insurance. She stated
that the village suggested the plan look for their own Cyber insurance. Mrs. Kish stated that
Resource Center has cyber liability coverage as do most of the service providers hired by the
Board. She stated that if the Board wanted, she could provide a brief overview of the cyber liability
insurance at the next meeting.
Investment Consultant: SunTrust (Blake Myton)
Mr. Myton addressed the board on the performance of the plan for the 4th quarter. He stated that the 4th quarter
had great returns He continued to review the market environment and global returns.
Returns on total portfolio was 4.60% compared to the benchmark of 4.44% The fiscal year return was 12.57%
compared to the benchmark of 11.60%. Total equity was 7.40%verus 7.42%. While fixed income and short term
were 0.06% and 0.01% respectively. The Russell 3000 reflected 0.00% and the Bloomberg-Barclays Aggregate Bond
was 0.01% The portfolio market value as of December 31, 2021, was $21 million. This is reflective of a net gain of
1 million due to a market rebound. Mr. Myton continued to review the portfolio and changes made.
Mr. Myton presented the revised investment policy statement . He reviewed the investment policy in detail and
went through the changes made.
Alan Kral made a motion to approve the quarterly investment report. The motion received a second from
Myrna Williams, approved by the Trustees 4-0.
Myrna Williams made a motion to approve the Investment Policy Statement. The motion received a second
from Jane Lerner, approved by the Trustees 4-0.
Administrator Report: Resource Centers (Amanda Kish)
Mrs. Kish presented the benefit approvals for February 2022. The Board reviewed the benefit approval.
Trustee Alan Kral, moved to approve warrant dated February 2022, and Trustee Myrna Williams seconded
the motion and the motion passed.
4. PLAN FINANCIALS
The Board reviewed the Warrant dated February 1,2022.
Trustee Paul Wieseneck moved to approve warrant dated February 1, 2022, and Trustee Alan Kral
seconded the motion and the motion passed.
5. OTHER BUSINESS
Mrs. Kish discussed the meeting at 8:00 AM, so that Bonni can attend. The meetings will be held at 8:30 AM.
6. PUBLIC COMMENTS
No members of the public had any comment
7. ADJOURNMENT
There being no further business and the Board having previously schedule d the next regular meeting for Tuesday,
May 3, 2022 @ 9:00 AM, Paul Wieseneck made a motion to adjourn the meeting at 9:57 AM. The motion received a
second from Alan Kral, approved by the Trustees 4-0.
Respectfully submitted,
Myrna Williams, Secretary
Village of North Palm Beach Police and Fire Pension Fund
MINUTES OF MEETING HELD
February 8, 2022
1
Chairman Robert DiGloria called the meeting to order at 2:00 PM in the conference room of the
North Palm Beach Village Hall located at 501 US Highway One, North Palm Beach, FL. Those
persons present were:
TRUSTEES PRESENT Robert DiGloria, Chairman
Erik Jensen
Robert Coliskey
TRUSTEES ABSENT
OTHERS PRESENT Amanda Kish, Resource Centers
Bonni Jensen, Klausner Kaufman Jensen & Levine
Steve Stack, Highland Capital
Kerry Richardville, AndCo
ITEMS FROM THE PUBLIC
There were no public comments.
MINUTES
The minutes from the December 2021 had been presented for the Trustees review and approval.
Robert Coliskey made a motion to approve the minutes dated December 2021. The motion
received a second from Erik Jensen and was approved by the Trustees 3-0.
DISBURSEMENTS
Mrs. Kish reviewed the disbursements which had been presented in the Trustees Packets.
Erik Jensen made a motion to approve all disbursements. The motion received a second
from Robert Coliskey was approved by the Trustees 3-0.
HIGHLAND CAPITAL
Steve Stack of Highland Capital appeared before the Board to present the Quarterly Manger Report
for the quarter ending December 31, 2021. He reported on the current market environment Growth
out continued to outperformed value. He reviewed the total return summary stating the cumulative
return for the quarter was 4.12% compared to the benchmark 5.63%. The asset allocation was
19,846,979.00 for the quarter ending December 31, 2021. The fiscal return was 12.68% Mr. Stack
did not recommend any changes to the portfolio and thinks that it is positioned nicely. Mr. Stack
continued to review the report and an economic overview.
ANDCO
Mrs. Richardville appeared before the Board to present the Investment Report for the quarter
ending December 31, 2021. Mrs. Richardville briefly presented a letter on the behalf of AndCo. The
letter outlined company growth and some slight changes in the company. The Board asset classes
had positive returns. The US economy growth has slowed during the omicron variant which has a
negative impact on the economy. The asset allocation increased from $34,261,983.00 to
36,157,028.00. Mrs. Richardville went on to review the quarterly report in detail explaining it was a
positive return for the quarter which was 5.58% placing in the 54th percentile. The fiscal year date
Village of North Palm Beach Police and Fire Pension Fund
MINUTES OF MEETING HELD
February 8, 2022
2
return was 5.58% compared to the benchmark of 5.79%. She further reported equities were up
7.48% below the policy of 8.34%, total fixed income was down at -0.17% versus the bench of
0.01%. Real Estate was up for the quarter at 8.81% versus the benchmark of 7.70%. Mrs.
Richardville continued to review the individual manager performances. Mrs. Richardville stated that
fiscal year performance is outstanding.
Mrs. Richardville presented the Value added Realest to the Board. She reviewed the firms within
the report. The fees, experience and return of each manager was reviewed in detail. The Board
discussed the presented value managers. Mrs. Richardville informed the Board that manager would
be funded from Equity. The suggested having the value-added real estate managers to the May
meeting.
ATTORNEY REPORT
Special Tax Notice:
Mrs. Jensen presented the Special Tax Notice. She reviewed the Notice in detailing
explain the revise IRS rules.
Proposed Ordinance:
Mrs. Jensen reviewed the proposed ordinance with the Board. The ordinance increases accrued
benefit cap to 80% for Firefighters effective October 1, 2022. Effective October 1, 2022, the
Firefighters Contribution will increase 7.5% and will continue to increase until 2024. The Ordinance
will need to be presented to the Village. The Board held a discussion regarding the ordinance and
questioned if the changes should be effective the date of the bargaining. Mrs. Jensen stated that
she can check with Collective Bargain Associate.
Erik Jensen made a motion to approve the Plan Attorney to discuss the benefit change with
the Union Attorney. The motion received a second from Robert Coliskey was approved by
the Trustees 3-0.
Erik Jensen made a motion to approve the remove any investment restriction from the
Investment Policy Statement. The motion received a second from Robert Coliskey was
approved by the Trustees 3-0.
ADMINSTRATORS REPORT
Robert Di Gloria made a motion to adjourn the meeting at 3:34 PM. The motion received a
second from Robert Coliskey and was approved by the Trustees 3-0.
Respectfully submitted,
Robert Coliskey
1
THE VILLAGE OF
NORTH PALM BEACH
Village Manager’s Office
THE BEST PLACE TO LIVE UNDER THE SUN”
Environmental Committee Meeting
MINUTES
Anchorage Park
Monday, April 11, 2022
6:00 pm
1. Call to Order: Chairperson Karen Marcus called the meeting to order at 6:01 pm.
2. Roll Call:
Present: Karen Marcus, Lisa Interlandi, Mary Phillips, Kendra Zellner, Ellen Allen, Shawn
Woods, Camille Carroll
Also Present: Ken Hern, Streets & Storm Water Manager; Marc Holloway, Solid Waste
Manager
3. Public Comments - Kristina Domjanov owner of Sprouty Pie/Lolly’s Pantry, 797 Northlake Blvd.
striving to become a green restaurant and establish a low carbon footprint. They would like
to head up an initiative to encourage Village restaurants to become green. They don’t have the
resources to do so and requested Village support. Committee requested Public Works deliver
paper and plastics recycling bins to Sprouty Pie/Lolly’s Pantry and establish weekly pick-ups.
4. The Minutes of the March 7, 2022 regular meeting were approved.
5. Presentations:
a. Laura Ortiz, Solid Waste Authority - where our recyclables go.
b. Marc Holloway, Solid Waste Manager – recycling pick-up schedule modification.
i. Committee recommended possibility of reverse 911 calls for recycling education.
ii. Committee recommended hurricane preparation education.
c. Mark Cassini, Community Greening – identified the goals and objectives of a tree canopy
survey.
6. Projects/Program Updates/Discussion:
a. Anchorage Park Dry Storage - Ken Hern provided an update to the landscaping plan.
2
b. Community Greening:
i. Grant Opportunities - still working with Ryan – targeting fall submissions.
ii. Current swale tree permitting process - Committee still reviewing tree and shrub
types.
iii. Tree canopy assessment proposals – selection of provider - Committee
recommended Planit GEO.
iv. Tree canopy assessment/master plan presentation to Council - no action until
assessment is complete.
v. Heritage Day Tree Giveaway:
1. Mark Cassini recommended shade trees, oak, mango, avocado to name a
few.
2. Committee recommended native over ornamental and shade trees over
palm.
vi. April 29 Arbor Day Tree Giveaway:
1. Committee mentioned that Amber has trees she can donate.
2. Committee recommended the event take place at community garden.
3. Proclamation was signed by former Mayor Aubrey last year.
c. Community Garden - possible planting of tree for Arbor Day.
d. Water Quality Initiatives:
i. RFQ for the Village’s Storm Water Master Plan – Hazen and Sawyer was selected
by an evaluation committee and will be recommended to Council for approval on
April 28.
ii. Lida traps - Ken Hern stated that the traps will be emptied and taken to
Loggerhead Marinelife Center to be inventoried.
iii. Country Club golf course pond water samples - Ken Hern stated it appears that
the outreach of the golf course and site has not resulted in the presence of
tested parameters being present in surface water samples collected at
concentrations that federal regulations require.
e. Lakeside Berm – a plant species signage sample was shown to the committee.
f. FPL Car Charging Stations Installation – no update.
g. Ban on Plastics - Business Promotion:
i. Committee requested updates from Ed Cunningham on Environmental “Letters”,
PR Articles for new business and door hanger education flyers.
ii. Committee recommended encouraging utilization of maze and bamboo straws.
iii. National restaurant chains will be more challenging to change than small local
businesses.
h. Speaker Series: Chairperson Marcus recommended Ken Hern contact SWA to present at
the May 14 event @ 10AM at the Country Club.
i. Natural Shoreline protection; code language – no update.
j. Anchorage Park Oyster Beds - Lisa Interlandi mentioned that Florida Oceanographic
Society in Stuart is promoting backyard oyster bed installations. This could be
considered for the Village. She will provide details at the next meeting.
k. Cul-de-sac Island Improvements – Ken Hern provided recommendations for committee
approval.
3
7. Miscellaneous:
a. Kendra Zellner requested the following items be added to the May 2 agenda:
i. Village Modeling – “Practice what we preach”:
1. Village Staff and Buildings – Not using plastics and Styrofoam (Water
bottles/utensils/cups)
ii. Unused Food Initiatives – Zero waste food resolution:
1. Restaurants.
2. Schools.
iii. Climate Literacy education for residents.
iv. New Construction – Green Building Plans.
v. Green Certification Standards: (this would replace the BAN ON PLASTICS agenda item)
1. Restaurants.
2. Business.
b. Committee requested consideration of using DRONES, in place of fireworks, for the July 4th
celebration.
8. Next meetings: the next meeting will be on May 2, 2022 at 6:00 pm in the Anchorage Park
building.
9. Adjournment: the meeting adjourned at 8:18 pm.
Village of North Palm Beach
Recreation Advisory Board Minutes
April 12, 2022 at 7:00 p.m.
Anchorage Park
Chairman Bob Bell (X) Vice Chair Don Grill (X)
Member Maria Cassidy (X) Member Paul Beach (X)
Member Stephen Heiman (X) Member Rita Budnyk (X)
Member Mia St John (X) Recreation Stephen Poh ( )
Council Rep. _Deborah Searcy___ (X) Leisure Services Zak Sherman (X)
Call to Order:
At 7PM.
Roll Call:
All board members present. Mayor Searcy present.
Approval of Minutes:
Rita: 1 correction on Bob Silvani’s comment concerning survey of 11 houses. Some
residents in those 11 houses objected to 2nd basketball hoop being installed; not all 11 residents.
Paul motion to approve; Stephen second. All in favor.
Public Comment:
Cards turned in by Mary Phillips and John Taylor.
Mary Phillips (Ebbtide): Anchorage Park docks. I walk every day in Park and I enjoy the
docks, and some people leave a lot of fish guts. Day after heritage fest there was a lot of heads,
guts, blood, etc. We are hoping to get signage as a reminder that people need to clean up.
John Taylor (Dory): Lakeside frequenter. Address concerns regarding past and proposed
vegetation management on Lakeside Park dune. The vegetation management is a concern. Sea
oats were cut to ground allowing invasives to grow. A cut back last year caused erosion. The
concern is that the management is not proper. Integrity of dune is a question. Flood zone risk
has gone up. Park is lowest part of our neighborhood. Impact for erosion and flood risk. Spoke
to Zak about concerns. Dr. Deborah Miller Professor wildlife UF. Removal of sea oats is bad
idea. Sunflower can be added behind. Propose the village speak with someone without vested
monetary interest.
Directors Report:
Accomplishments
Ongoing projects
Programs and events
Lakeside Park:
Berm
o Environmental Quality Inc. did one of their regular maintenance treatments to the berm last weekend.
As part of that, and at staff request, they knocked down the Nickerbean that was there. It was getting
high. The plan was to treat the top of the berm to manage growth (as part of the regular treatment plan)
and improve the viewshed (for some of the local residents). Unfortunately, the crew that came out cut
the Nickerbean back trimmed it too low, exposing the top of the berm (because there weren’t too many
sea oats there) as well as the slope. This caused concerns about new erosion problems. Per Katharine,
the Nickerbean will grow back (as will the sea oats). On April 8, she and her crew came back to plant
some additional vegetation on her own dime. As part of that work, they put down coconut matting and
a bunch of ground cover plants. These include Dune sunflower, beach verbena, beach creeper, and Iva.
Essentially, the timing of the Nickerbean trimming was a bit out of sync with the overarching plan for the
Berm. In thinking about timing, it would have been better for us to wait until the work at the south
walkover was completed (and the riprap in place) before doing anything that could affect the integrity of
the slope. This was a learning experience for all of us.
o Signage for the plants that Katharine previously planted at the north walkover should be in any day.
Signs will list the names of the plants.
Sea grape tree uprooted
o Uprooted from the storm the other day.
o Precision will dig it up and straighten it out. Stephen also spoke to him about adding more sea grapes.
Precision suggested 40 of them in 3 gallon pots. This was also an Environmental Committee request.
Sidewalk near park entrance
o Flying Scott repaired some pieces of sidewalk near front entrance.
Precision
o Still waiting on Precision to trim some branches overhanging the new berm work and clean up some
roots that are potential trip hazards.
Split rail fence
o Still waiting on fencing to arrive so we can address 3 trouble areas: plan to rearrange split rail fence so
vehicles don’t drive over Dr. Higgin’s property to enter park; installing split rail fence at end of driveway
of 706 Lakeside Circle to prevent vehicles from driving into park; and adding another portion of fence to
block people from driving over bushes/wheel stop into park from the north trail entrance on Lakeside
Dr. Ordering more split rail for Anchorage as well as part of same order.
Basketball Court
o Plans to fix or change the court on hold for now. Concrete is expensive to remove/fix! We received one
quote so far to repair the concrete surface. It is a bigger job than we thought. It would cost $45k!! to
repair the concrete alone.
New Cameras
o Installed 4 new Verkada system cameras for the park (inside the park). These will allow remote access
into the Park 24/7 and allow us to pull video on the fly. Cost was $5,600.00. There is also a $50.00 per
month data charge for the 5g aircard. IT plans on converting the parking lot cameras in the next budget
year.
Park Ranger
o Golf cart is still on track to arrive in June.
o Staff picked out 7 resumes for the open Ranger position.
o Narrowed down to two finalists.
o We offered the position to one gentleman who was former military police. He declined after thinking it
over. We then offered to the other gentleman, a retired police officer, and are waiting to hear back.
o Don: Why didn’t he accept position?
o Zak: may want the flexibility of retirement
Anchorage Park:
New Playground
o Survey for new playground is live! Residents can choose from two final designs. Survey runs from April
1-18.
o In addition to the online survey, staff put out signage at the park and library, and residents can scan a
QR code to the survey.
o Please note: In the survey, we received a few questions as to why the swing set area did not include
shade or turf. The reason why is because it would have put us over budget. Our budget for the project is
$450k. Both final designs are priced in the $430s. On Option A, for example, to add shade over the
swings and additional turf would raise the price from the $430s to $513k- about $80k!
o Once playground is in, we’ll most likely add some new seating.
Current playground
o One of the shade covers over the playground needed to be repaired. Fire came by with their bucket
truck and helped!
Dry Storage
o Engineers are working on 90% plans. Work on a fire hydrant design will be done in house.
o Replaced two locks that were broken. Thank you to public works for sending Nelson to help weld each
lock onto its chain.
Kayak launch area
o Received three quotes so far. Although expensive, the Geotech option may be the best bet. The quote
from the geotech company was $2,100 for material and $13,400 for installation. In April, we will
reassess the budget and see where we stand. This may be something we reexamine for next year.
Trail adjacent dry storage on north side
o Some roots are sticking through pathway creating a trip hazard. Received quote. Plan to do the job asap
with All County on April 14. Roots will be removed and trail fixed!
Sidewalk near entryway
o Flying Scott repaired stretch of sidewalk along entryway.
New bollard
o New bollard is in. Plan to install in middle of trail so vehicles cannot pull into park area on north side by
sand volleyball courts.
Volley ball courts
o Added sand to north courts.
Memorial bench
o Bench put in by playground. Plaque installed as well.
Dog Park
o Jupiter plumbing is working to fix fountain in big dog park. They will need to install new drain line. We
also asked them to look at the drinking fountain by the tennis court. That one needs some work too. We
also asked if they could add a spigot so we could connect a hose. It would have a lock on it of course so
only those with a key could access it.
Precision
o Still waiting on Precision to take care of moss/vines on some trees and;
o Replace 2 dead oaks, treat 2 oaks, and remove 1 dead palm.
Carpet cleaning
o Will be cleaned after the Easter program and every 6 months thereafter.
Revised Waitlist form procedure
o As part of the waitlist form, Becky ordered a “RECEIVED” stamp that includes the date and a line to sign
your name, if you’re the staff member who accepts the form from the resident.
o If Becky is out of the office and a resident comes in wanting to add themselves to the marina or dry
storage lists, staff are to give them the waitlist form to fill out and then stamp it and sign their name
before placing on Becky’s desk.
o Staff can make the resident a copy of the filled out form once it is stamped so they at least leave with
some form of proof that they were in.
o When Becky gets back, she’ll fill out the “staff only” section and email the resident the final copy. She
will also save the final copy in the Marina folder on the shared drive for future reference.
o Soon, we will also be checking into waitlist software, so these procedures could change again once
everything is automated. We actually found one that seems to be able to do what we’d like it to do, so
we’ll test it out shortly.
o Maria: would we be able to remind them to update info?
o Zak: residents would have complete control
o Bob: it looks great
o Dr. Searcy: will all their info be public?
o Zak: the only info we currently have public is list position and name
o Stephen: it is public record.
o Bob: is the site municipal specific? People’s email addresses should not be public.
o Zak: the site is not municipal specific but looks like it may work for our needs. Plan to test it out shortly.
Marina:
ADA parking space and sidewalk project finished; precision also placed sod around sidewalk and in front of
parking space. Mike’s Aluminum also installed new railing.
Boat ramp
o Public works finished installing all the non-slip covers on the ramps!
Community Center:
Main field
o The fields at the Community Center will be mostly closed Monday, April 18th – Sunday, July 10th for
maintenance. Signs will be posted. One or two gates will still be open for access.
T-Mobile
o Still waiting on T-Mobile for reimbursement for damage done to fields in December. I reached out to
them the other day to follow up.
Playground
o Still aiming for May/June construction.
o ARC, the company doing the install, already got the permits and dropped them off at Building. Once
parts are in, we’ll just need to let Building know the date(s) of installation.
Soccer
o End-of-season party took place March 31. Staff cooked on the grill. Thanks Becky! Three members of the
Lighthouse Camera club were also on hand to take photos of the event. They gave us over 1,000 photos
the other day. The kids had fun playing their games and getting their trophies.
Spring Break Camp
o Camp was awesome!
o Had many positive reviews.
Spring Basketball League
o Headed by Perseverance.
o League to run April 4 through May 26.
o Ages K through 9th grade.
o $110 Resident / $135 Non-resident
o IT helped us get online registration.
o 1 practice and 1 game per week.
o Practices/games start at 5:30 p.m.
o Registration total: 221 (some are on waitlist)
Grades K-1: 40, 2 waitlisted
Grades 2-3: 40, 4 waitlisted
Grades 4-5: 40, 13 waitlisted
Grades 6-7: 40, 4 waitlisted
Grades 8-9: 39 (1 spot open)
o Residency
72 Residents
148 Non-residents
o Method
64 In Person
156 Online (first time ever having online registration!!)
o Each division will have 4 teams
Sod
o Precision to installed new sod next to concession stand to repair damaged caused by T-Mobile crane.
Gym floor
o Stephen contacted a company to look at the gym floor. The floor is damaged in a few areas because of
the bleachers. This is an old issue. We are waiting on a quote to repair. We are also working with them
to determine whether we need to replace the bleachers. We don’t want to fix it if it will just happen
again. We want to do it right.
Indoor basketball goal
o Repaired one goal March 30.
Precision
o Still waiting on Precision to take care of moss/vines on some trees.
Concession stand restroom area
o Pressure washed restroom area.
o PW installed new lighting inside restrooms.
Osborne Park:
Basketball Court
o Revised quotes are in to refurbish basketball court. We have a grant for $50k. So far, the project is
looking to come in for less than that. We plan to use 4 different companies to complete the work. We
discussed painting a ship’s wheel in the middle of the court but that would raise the price over budget
considerably, so we have to pass on that for now. Project includes resodding a small area as well.
o Stephen recently order the new goals (posts, backboards) for the courts. Once they arrive, we will take
the old ones out and have the new ones installed. Then we will reasphalt, then paint, then install
backboards/hoops.
Bottle filler stations
o Public Works installed both bottle fillers. The one by the baseball field is up and running fine. The one at
the racquetball courts needs some new plumbing and electrical.
Community Garden
o Grand opening and ribbon cutting was March 12 at 10AM.
o About 76 attended.
o Haverland edged around the garden and filled with mulch prior to the opening. They also donated
Muhly grass for garden club to plant.
o Precision created a mulch pathway from 1st racquetball court to the garden (path runs between
racquetball fence and batting cage fence). They finished the path prior to the grand opening as well.
o Public works got 3 quotes for a tiki hut. The middle quote was about $6k. We’ll discuss the installation of
a tiki hut at the garden during this year’s budget process.
o Rita asked about square footage.
o Zak said he’d get the measurements. (measurements are 10X20).
Outdoor restroom
o Mike’s Aluminum gave us a quote to replace men’s and women’s restroom doors. Order placed! May
take 10-12 weeks to come in.
Memorial bench
o Bench was put in by garden. Plaque installed as well.
Field lights
o Replaced 2 control boxes for all field lights.
St Clare Baseball game on April 19
Veterans Park:
Pavers
o All repairs have been completed. Some bricks weren’t flipped the right way at first and were stained.
Company came back out to rectify.
Special Events:
Bus Trip:
o Rodeo- Arcadia, FL Friday, March 11 / 60$
Depart 10AM and return 7:30PM
o Cirque Du Soleil (Lake Buena Vista, FL)
Thursday, March 17 / $110
Depart 1:30PM and return 11PM
o Lyric Theatre
March 23rd bus trip to Lyric Theatre did not have enough registrations.
We will postpone this trip and try it again over the summer months.
All on the list have been notified and informed of the idea to try again over the summer.
o NET meeting March 23 at Osborne Park
29 attended! Got good feedback on undergrounding and other issues.
Special events
o Community Garden Grand Opening
March 12 at 10 a.m.
76 attended!
o St. Patrick’s Day Bingo at the library
March 17 at 6:30 p.m.
37 attended!
o Community Garage Sale at Community Center
March 19 from 7:30 a.m. to 12:00 p.m.
Well attended and most vendors said they made over $200 each in sales!
o Heritage Day Kickoff Party Friday, April 1 @ Osborne Park
Friday Night Heritage Day Kickoff with a Golf Cart Parade! Friday, April 1st from 6:00 p.m. to
9:00 p.m. at Osborne Park (705 Prosperity Farms Road).
50 golf carts showed up for parade!
6 inflatables on the baseball field.
Scoop Coop ice cream.
Wristbands were $5.00 all-you-can-bounce.
o Parade and Festival Saturday April 2 at Anchorage Park
Live music, games, a cornhole tournament, putting competition, carnival rides, business expo,
and Sons of BBQ.
Parade went well. St. Clares and TCS students marched in the parade.
Sponsors
Farmer’s table gave $1,000! (Stephen worked with them on that).
Stephen also worked to get a $50 gift card from Stormhouse Brewing for the putting
competition.
Stephen: would we include golf carts for next year’s parade on Saturday?
Zak: we did ask them all to come back; a few did. The reason we had golf carts Friday is because
Andy wanted us to find a way to incorporate west side.
Stephen/Maria: Saturday parade was quiet.
Rita: west side neighborhood was very happy about golf cart parade.
o Annual Art Show at Library
Got rained out the other day due to the storm.
Show has been rescheduled for Wednesday, April 13 from 5:30-7:00pm
Upcoming Events:
o Books & Bites – Karen White
April 12, 2022
11:00 AM- 1:00 PM at the Country Club.
Buffet lunch and drinks. $40 all inclusive.
o 4th of July
Stephen met with Country Club staff to go over 4th of July event.
There will be a pool party.
Recreation staff will be handling fireworks, porta potties, and 2 tents.
Stephen will be meeting with the fireworks folks on Monday.
Library:
Facilities
o A while back we removed two shelving units that did not have carpet underneath them. Both areas have
been patched!
o Unprecedented flooding struck at the Village Art Show April 6th, water pouring in the side door and
creeping towards the elevator but was stopped in the nick of time. Luckily, staff had access to water pigs
and soaked up much of the water. Additional water hogs and absorbent cloths have been ordered in
preparation for the coming monsoon season of summer. Stephen is working with Saffold to see what
they think about installing some type of drain (because the water had nowhere to go) as well as Stanley
and Mike’s Aluminum about the doors (we may need a new door).
o Caulking company came out to give us a quote for redoing three of the upstairs windows where water is
leaking under the windows. They will send us the quote shortly.
o Carpets will be cleaned every April and September. Next cleaning is April 10.
Staffing
o Two Clerks received full time positions and will no longer be with us: Jocelyn Mclean with Delray Beach
Public Library and Kya Brown with the courthouse. Both positions have been posted. One other recently
resigned as well, Carol Lux.
Summer Reading
o Planning for summer is underway and local preschool, Faith Lutheran, has reached out to us to schedule
private storytimes and come to our events.
o Summer lunch application has been submitted and more information should be available soon. We hope
to serve free lunches on Wednesday and Friday from 12:30-1:30. School staff usually bring the lunches
to be served for free at the library.
Programming
o Crafts for Grown-ups - Seashell Wreath – March 17, 2022 at 11:00 AM
o Two storytimes were held this week with a total 28 of children and parents.
o Knit and Crochet met on Monday with 10 people.
o Yoga in the Park had 13 people on Friday.
o Great Courses Lectures had 8 members of the public attend.
o Book Club met April 7th to discuss the book The Attic on Queen Street by Karen White
13 members of the book club met and discussed the selected book over coffee and cookies.
The author will be present at our Books and Bites program next Tuesday at the North Palm
Beach Country Club to discuss her new book The Shop on Royal Street.
o Our newest raffle is an Easter Themed gift basket with a $100 gift card to Farmer’s Table at the North
Palm Beach Country Club!
o Using our new tablecloth, Mary, Lisa and Lynn have created an information desk with all of the sign-up
lists and handouts for our adult programs. It looks awesome!
o Upcoming:
o Jack Jacobs Music Performing – April 8, 2022 at 6:30 PM
o Crafts for Grown-ups – Yellow Daisy Painted Mason Jar – April 21, 2022 at 11:00 AM
Zak: next council meeting is 2nd reading of ordinance about onstreet parking near Lakeside Park.
Mayor Searcy: tightening up parameters. Won’t be able to park on certain streets 24/7 unless have a pass.
New Business:
Lakeside Park Berm work discussion
Bob Bell: Lakeside berm. Concerning that the Village paid someone to do a job and there was riprap
placed there because of erosion concerns. We planted sea oats to solidify Dune and it was great until
invasives took over. We need to address this and we need someone to handpick, and two times now
we’ve had them take everything out and then a bill to replant. Why don’t we have experts come in to
tell us what would be best. It would be good to have expert feedback about what’s best for the park.
Spending money isn’t a long-term solution.
Zak: 2020 Russ and Katharine begin discussions and worked on plans to improve view shed. And
then Stephen picked up the project. The project turned into a larger plan to include 450 linear feet of
berm. Called for riprap at bottom. And replanting of sea oats near the bottom of the berm. And lower
plants for groundcover. Since 2021, two mistakes were made. Last year invasives were cut out which
caused erosion, and the next part of the plan was not in place yet to prevent erosion. The timing was
off. If something gets removed, whatever is supposed to take its place needs to go in there right
away. Currently, we are in the middle of a proposal for the south walk over, to duplicate what we did
on the north walk over. But a crew from environmental quality went out and trimmed down the
Nickerbean to the bone. If we were going to do that it should’ve been at the time we implemented
the rest of the plan first. Seaoats should’ve been replanted. Katharine apologized and re-planted on
her own dime.
Bob: We should not be removing sea oats in any case. Concern for dune and maintenance for what’s
been planted. Are we doing the right thing by removing Sea oats?
Zak: maintenance is supposed to be about hand pulling invasives and weeds. The new type of
plantings going in will require a garden type of maintenance.
Rita: it’s self-serving to have maintenance contract. We should not remove sea oats.
Maria: this is not the right way to go about it.
John: There are many resources. We don’t need to hire anyone to take care of it. The plants are
failing. We need to have sea oats. Riprap boulders are not right way to go. We don’t need that. The
only erosion problem is the one Katharine created for us. It will do its job if we allow it to be a dune.
Nothing more resilient than sea oats.
Paul: Who are the people with a conflict?
Bob: people came up to me saying some people are getting a better view. Make a motion to gather
information further.
Maria: did we receive a presentation?
Bob: no, we were told that the invasives would be removed.
Rita: Did this go before the environmental committee?
Zak: I believe it did. It’s possible that the details weren’t conveyed properly.
Mayor Searcy: it’s more park visitors rather than…
Paul: I appreciate that we need to […], but we need a professional.
Bob: we need to do what’s right
Zak: we are getting input. We are asking her what we should do. Katharine is saying what we are
doing will maintain the integrity of the dune.
Bob: we need a specialist to tell us that, one that’s not on the end of receiving financial benefit.
Rita: contact info for Florida Department of environmental protection available online
Maria: are there plans to go forward?
Zak: A proposal for 50 linear feet on either side of the south walkover in the works. But nothing has
been turned in yet.
New Special Events
o Game Night Trivia
o Cornhole Tournament
o Backyard BBQ
Trivia night May 21 in the grassy bowl area. July school of rock and a cornhole tournament. We
want residents to participate in the tournaments.
Mayor Searcy: semiprofessional or amateur?
Bob: Neighborhood group, home chef’s. We could get the scoring from the sanctioned tournaments.
November would be a better time (for backyard BBQ).
Zak: we need something for Sept.
Bob: Will council address this? (i.e., food trucks).
Mayor Searcy: We think we could have the fire inspector inspect for the day.
Stephen: they don’t want their systems taken apart.
Zak: we found a company that does it. 9 to 10 food trucks are willing to have their systems
inspected, but The inspector is concerned that he could have an issue putting gas lines back together
again. We have heard that Parkland was trying to enforce all these rules but gave up.
Rita: could they bring it to them?
Zak: it’s really far away. There is one truck that had a gas gauge but is now out of compliance
because the pressure gauge broke and they decided to have it removed.
Mia: could farmers table help us with food?
Old Business:
New Anchorage Playground
New Anchorage playground. 275 votes so far. 63% like option A. 29% option B. A few said either is
fine. On option A, everyone loves the zip line. The choice of playground designs in the hands of
residents. We want your blessing. We’d like to go to Council on April 28.
Maria: which playground does Mia like?
Mia: I prefer option A ARC
Bob: I’d like to make a motion to support the ARC Playground, which is the favorite of the public.
All board members were in favor.
Osborne Basketball Court
Member Comments:
Don: establish date for fishing tournament Saturday, August 6, 2022.
Mia: I would suggest a camp with less field trips for younger age group. And perhaps on even
younger camp for preschool age. 8 maybe too young to send to far away trips.
Mayor Searcy: agree. Spoke to residents who were uncertain about 10-year-olds.
Mia: we could charge $300 for younger age groups.
Adjournment:
Stephen: Motion to adjourn, Don second.
1
THE VILLAGE OF
NORTH PALM BEACH
Village Manager’s Office
THE BEST PLACE TO LIVE UNDER THE SUN”
Business Advisory Board
MINUTES
Village Hall Conference Room
Tuesday, April 19, 2022
5:30 pm
1. Call to Order: Village Manager Andy Lukasik called the meeting to order at 5:31 pm.
2. Roll Call:
Present: Nina Balgar, Marshall Gillespie, Adam Jones, Ronald Lantz, Veronica
Frehm
Absent: Dave Talley, Nathan Kennedy
Also Present: Andy Lukasik, Village Manager; Susan Bickel, Councilmember
3. Public Comments: None.
4. March 10 Business Networking Event - attendance was approximately the same as the
December 8, 2021 event.
5. Future Business Networking Events:
a. Establish and provide a regular networking event bi- monthly schedule to local
businesses.
b. Committee will determine which owners they will invite to sponsor each event.
c. Venue could be Farmer’s Table or at the owners’ place of business.
d. Restaurateurs could provide a sampling of their food, short presentation and
donate a gift card to encourage patronage.
e. The next networking event will be in September.
f. Committee member Veronica Frehm, Mac Arthur Beach State Park Executive
Director, offered the park as the September networking event venue and
suggested a restaurant provide breakfast or lunch.
2
6. Business Advisory Board Mission/Goals/Objectives:
a. Market North Palm Beach businesses utilizing a “Shop Local” campaign.
i. Create a local business owner online directory for inclusion on the Village
website with categories such as contractor, retail, restaurant, doctor,
recreation, etc.
1. Village staff will create an online form which will populate a
database.
2. Identify business owners that live and work in North Palm Beach.
3. QR code and/or link to the online directory will be included in the
weekly eNews and in the monthly newsletter.
4. QR code magnet could be sent to each resident.
5. Stress that it’s a local business owner directory and not a
recommendation.
6. Village could partner with Palm Beach North Chamber of
Commerce for inclusion in their directory.
ii. A new resident “welcome basket” could be delivered which would
include the online directory QR code or QR code magnet.
b. Continue to survey business owners regarding their needs/means to improve.
7. Next meeting: the next meeting will be on May 17, 2022 at 5:30 pm in Village Hall.
8. Adjournment: the meeting adjourned at 6:32 pm.
VILLAGE OF NORTH PALM BEACH
VILLAGE MANAGER’S OFFICE
TO: Honorable Mayor and Members of the Village Council
FROM: Andrew D. Lukasik, Village Manager
DATE: May 12, 2022
SUBJECT: RESOLUTION – Approving a Contract with Hazen and Sawyer for Stormwater Master Plan Modeling and Design Implementation Consulting Services in an amount not to exceed $187,980.
Village Staff is recommending Council approval of a Contract with Hazen and Sawyer for Stormwater
Master Plan Modeling and Design Implementation Consulting Services in an amount not to exceed
$187,980.
Background:
In 2016, the Village Council adopted the Citizens’ Master Plan. The Plan was the result of a citizen
engagement process and intended to guide the next era of growth and development in the Village of
North Palm Beach. One of the priority projects identified by the Plan was the creation of a stormwater
utility that would finance repairs and improvements, including enhancement of water quality, to the
Village’s stormwater system. At that time, it was recognized that the Village’s aging system needed
to be maintained to deliver reliable protection of property and enhance the quality of stormwater runoff
into the Village’s canals and the Lake Worth Lagoon.
Based upon the Citizens’ Master Plan recommendation, the Village conducted an exploratory study
to provide information and data related to the establishment of a stormwater fee structure to fund
needed stormwater activities and improvements within the Village. Following the completion of a fee
study by Hazen and Sawyer, the Village’s Stormwater Utility and Stormwater Fund was established
in July 2021 and the non-ad valorem Stormwater Fee was approved in September, 2021.
With the stormwater fee in place, the Village Council identified the development of a Stormwater
Master Plan as a priority action item in the FY 2022 Strategic Plan. The Stormwater Master Plan will
complete the necessary evaluation of the existing stormwater system to identify vulnerabilities and
recommend the most economic and feasible approach to addressing the needs of the system.
Specifically, the Master Plan will recommend implementation of necessary stormwater system
improvements to address conveyance and water quality deficiencies as well as strategies for seal
level and storm vulnerability impacts. To that end, Village staff initiated the process to select a
consultant to develop the Stormwater Master Plan through the Consultants’ Competitive Negotiation
Act (CCNA) process.
Request for Qualifications (RFQ) Process:
In accordance with Section 287.055, Florida Statutes (CCNA), the Village issued an RFQ on
December 21, 2021 in an effort to identify the most qualified firm to provide stormwater master plan
modeling and design services to the Village. Five firms submitted their qualifications for review by the
Village’s Selection Committee on January 26, 2022. The Selection Committee met on March 1, 2022
to review the qualification and, as a result, invited two firms to present their qualifications to the
Committee. The firms presented their qualifications to the Selection Committee on March 30, 2022
and, as a result, the Committee recommended that the Village Council authorize Village staff to begin
negotiations with Hazen and Sawyer for the completion of a Stormwater Master Plan. The Village
Council, then, authorized Village staff to commence negotiations with Hazen and Sawyer during their
meeting on April 14, 2022.
Stormwater Master Plan Scope of Work:
Generally, the scope of work for Phase I of the project will be delivered within 12 months of the notice
to proceed and will include:
Collection of existing and supplemental stormwater infrastructure data necessary to populate
and complete a geographic information system (GIS) database,
Development of a hydraulic/hydrologic model including a basin by basin analysis of existing
and proposed stormwater systems,
Development of a master plan including capital improvement project to address flooding
(based upon storm and sea level rise scenarios) and water quality issues,
Development of design standards for swale improvements and “green infrastructure”, such
as bioswales, to pilot in areas throughout the Village,
Recommended possible changes to the Stormwater Utility Fee based upon the capital
improvement projects identified in the master plan,
Public outreach and education, and
Assistance with completion of the House Bill 53 Infrastructure Report due on June 30.
Ongoing services associated with permitting, securing funding, designing, bidding and providing
construction management are included as tasks in Phase II. Costs for any such work will be
negotiated at a later date.
Funding:
The FY 2022 Capital Improvement Plan has approximately $500,000 allocated to complete
stormwater related projects. The development of the Stormwater Master Plan will be funded
through this project budget.
It should be noted that an appropriation for funding for this project is included in the upcoming
State of Florida Budget. However, it is not anticipated that the Governor will finalize the budget
until June. The Village will not know the status of this appropriation until the Governor finalizes
the budget for the upcoming fiscal year. The appropriation, if received, will reimburse 50% of the
cost of the Master Plan. The reimbursement will be made to the Village’s Stormwater Fund.
Account Information:
Fund Department Account
Number
Account
Description Amount
Stormwater
Utility Fund Public Works H7321-66215 Stormwater
Drainage System $187,980
The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney
for legal sufficiency.
Recommendation:
Village Staff recomments Council consideration and adoption of the attached Resolution
approving a Contract with Hazen and Sawyer for Stormwater Master Plan Modeling and
Design Implementation Consulting Services in an amount not to exceed $187,980, with
funds expended from Account No. H7321-66215 (Stormwater Utility Fund – Stormwater
Drainage System) and authorizing the Mayor and Village Clerk to execute the Contract in
accordance with Village policies and procedures.
RESOLUTION 2022-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A CONSULTING CONTRACT WITH
HAZEN AND SAWYER, P.C. FOR STORMWATER MASTER PLAN MODELING
AND DESIGN IMPLEMENTATION SERVICES AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in accordance with Section 287.055, Florida Statutes (“Consultants’ Competitive
Negotiation Act”) the Village issued a Request for Qualifications for Stormwater Master Plan
Modeling and Design Implementation Consulting Services (“RFQ”); and
WHEREAS, the Selection Committee evaluated the qualification statements submitted in response to
the RFQ and recommended Hazen and Sawyer, P.C. as the top-ranked firm; and
WHEREAS, at its April 14, 2022 meeting, the Village Council accepted the rankings of the Selection
Committee, and Village Staff negotiated a Contract with the top-ranked firm; and
WHEREAS, the Village Council wishes to approve a Consulting Services Contract with Hazen and
Sawyer and determines that the adoption of this Resolution is in the best interests of the residents 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 are incorporated herein.
Section 2. The Village Council hereby approves a Consulting Services Contract for Stormwater
Master Plan Modeling and Design Implementation Services with Hazen and Sawyer, P.C., a copy of
which is attached hereto and incorporated herein by reference, and authorizes the Mayor and Village
Clerk to execute the Contract on behalf of the Village. The total cost shall not exceed $187,980.00,
with funds expended from Account No. H7321-66215 (Stormwater Utility Fund – Stormwater
Drainage System).
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS _____ DAY OF ________________, 2022.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
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CONTRACT
This Contract is made as of the ____ day of ________________, 2022 by and between the VILLAGE
OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the
State of Florida, hereinafter referred to as VILLAGE, and HAZEN AND SAWYER, P.C., a foreign
corporation authorized to do business in the State of Florida, hereinafter CONSULTANT, whose
Federal I.D. No is 13-2904652.
WHEREAS, the VILLAGE issued a Request for Qualification (“RFQ”) pursuant to Section 287.055,
Florida Statutes (“CCNA”), seeking a qualified firm to provide stormwater master plan modeling
design services (“Services”) for the VILLAGE; and
WHEREAS, based on the qualification statements submitted in response to the RFQ, the VILLAGE
selected CONSULTANT as the most qualified firm to provide the Services; and
WHEREAS, the VILLAGE and CONSULTANT subsequently engaged in contract negotiations, and
CONSULTANT has agreed to provide the Services to the VILLAGE in accordance with the terms
and conditions of this Contract.
NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT.
CONSULTANT shall perform the Services as outlined in CONSULTANT’s Scope of Services, a
copy of which is attached hereto and incorporated herein by reference. The parties shall negotiate the
price and any additional terms applicable to Phase 2 upon completion of Phase 1.
ARTICLE 2. TERM OF CONTRACT.
The term of this Contract shall commence upon the VILLAGE’s issuance of a Notice to Proceed and
shall remain in effect until CONSULTANT completes all services within the Scope of Services to the
satisfaction of the VILLAGE, unless otherwise terminated in accordance with Article 8.
CONSULTANT shall complete Phase 1 of the Services within one (1) year of the issuance of the
Notice to Proceed.
ARTICLE 3. COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate CONSULTANT for Phase 1 of the Services in the
amount of One Hundred and Eighty-Seven Thousand Nine Hundred and Eighty Dollars and
No Cents ($187,980.00).
B. CONSULTANT shall invoice the VILLAGE on a monthly basis based on the Services
performed. Invoices received from CONSULTANT pursuant to this Contract will be reviewed and
approved by the VILLAGE’s representative, indicating that the Services have been provided and
rendered in conformity with the Contract and then will be sent to the Finance Department for payment.
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CONSULTANT will invoice the VILLAGE in advance for each payment period. Invoices will
normally be paid within thirty (30) days following the VILLAGE representative’s approval.
C. Services undertaken or expenses incurred that exceeds an amount set forth in the Proposal
without prior written authorization from the VILLAGE shall be the liability of CONSULTANT.
D. CONSULTANT waives consequential or incidental damages for claims, disputes or other
matters in question arising out of or relating to this Contract.
E. In order for both parties herein to close their books and records, CONSULTANT will clearly
state “final invoice” on CONSULTANT’s final/last billing to the VILLAGE. This certifies that all
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 CONSULTANT. The VILLAGE will not be liable for any invoice from
CONSULTANT submitted thirty (30) days after the provision of the Services.
ARTICLE 4. INSURANCE.
A. Prior to execution of this Contract by the VILLAGE, CONSULTANT shall provide
certificates evidencing insurance coverage as required hereunder. All insurance policies shall be
issued by companies authorized to do business under the laws of the State of Florida. The Certificates
shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and
classification as required for strict compliance with this Article and that no material change or
cancellation of the insurance shall be effective without thirty (30) days prior written notice to the
VILLAGE’S representative. Compliance with the foregoing requirements shall not relieve the
CONSULTANT of its liability and obligations under this Contract.
B. CONSULTANT shall maintain, during the life of this Contract, Commercial General Liability
insurance, including Professional Liability Errors and Omissions insurance, in the amount of
$1,000,000.00 in aggregate to protect CONSULTANT.
C. The CONSULTANT shall maintain, during the life of this Contract, comprehensive
automobile liability insurance in the minimum amount of $500,00.00 combined single limit for bodily
injury and property damages liability to protect the CONSULTANT from claims for damages for
bodily and personal injury, including death, as well as from claims for property damage, which may
arise from the ownership, use, or maintenance of owned and non-owned automobiles, including
rented automobiles whether such operations be by the CONSULTANT or by anyone directly or
indirectly employed by the CONSULTANT.
D. The parties to this Contract shall carry Workers’ Compensation Insurance and Employer’s
Liability Insurance for all employees as required by Florida Statutes. In the event that a party does
not carry Workers’ Compensation Insurance and chooses not to obtain same, then such party shall. in
accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by
the Department of Insurance and shall provide a copy of such exemption to the VILLAGE.
E. All insurance, other than Worker’s Compensation, to be maintained by the CONSULTANT
shall specifically include the VILLAGE OF NORTH PALM BEACH as an “Additional Insured”.
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ARTICLE 5. PERSONNEL.
A. CONSULTANT represents that it has, or will secure at its own expense, all necessary
personnel required to perform the Services under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the VILLAGE.
B. All of the Services required hereunder shall be performed by CONSULTANT or under its
supervision, and all personnel engaged in performing the Services shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such Services.
ARTICLE 6. INDEMNIFICATION.
A. To the fullest extent permitted by applicable laws and regulations, CONSULTANT 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 CONSULTANT pursuant to this Contract,
including, but not limited to, those caused by or arising out of any act, omission, negligence or
default of the CONSULTANT and its agents, servants or employees.
B. CONSULTANT shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results from the 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.
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 CONSULTANT, nor shall this
Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28,
Florida Statutes.
ARTICLE 7. INDEPENDENT CONTRACTOR.
CONSULTANT is, and shall be, in the performance of services pursuant to this Contract, an
independent contractor and not an employee, agent or servant of the VILLAGE. All persons engaged
in any services performed pursuant to this Contract shall at all times, and in all places, be subject to
CONSULTANT’s sole discretion, supervision and control, and CONSULTANT shall exercise sole
control over the means and manner in which its employees perform such services.
ARTICLE 8. TERMINATION.
This Contract may be terminated by CONSULTANT upon ten (10) days’ prior written notice to the
VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of CONSULTANT. It may also be
terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days’ written
notice to the CONSULTANT. Unless CONSULTANT is in breach of this Contract, CONSULTANT
shall be paid for Services rendered to the VILLAGE’s satisfaction through the date of termination.
After receipt of a Termination Notice and except as otherwise directed by the VILLAGE,
CONSULTANT shall:
Page 4 of 8
A. Stop Services on the date and to the extent specified;
B. Terminate and settle all orders and subcontracts relating to the performance of the terminated
Services;
C. Transfer all Services in progress, completed Services, and other materials related to the
terminated Services to the VILLAGE; and
D. Continue and complete all parts of the Services that have not been terminated.
ARTICLE 9. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONSULTANT each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this Contract.
Except as above, neither the VILLAGE nor CONSULTANT shall assign, sublet, convey or transfer
its interest in this Contract without the written consent of the other. Nothing herein shall be construed
as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a
party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than
the VILLAGE and CONSULTANT.
ARTICLE 10. ACCESS AND AUDITS.
CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred
in estimating and performing the Services for at least three (3) years after completion of this Contract.
The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE
for the purpose of inspection or audit during normal business hours, at CONSULTANT’s place of
business. In no circumstances will CONSULTANT be required to disclose any confidential or
proprietary information regarding its products and service costs.
ARTICLE 11. ENFORCEMENT COSTS.
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.
ARTICLE 12. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if
sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Andrew D. Lukasik, Village Manager
Village Hall
501 U.S. Highway One
North Palm Beach, FL 33408
Page 5 of 8
and if sent to the CONSULTANT shall be mailed to:
Hazen and Sawyer, P.C.
Attn: Robert B. Taylor, Jr., Vice President
4000 Hollywood Boulevard, Suite 750N
Hollywood, FL 33021
The foregoing names and addresses may be changed if such change is provided in writing to the other
party.
ARTICLE 13. ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and CONSULTANT agree that this Contract, including all documents referenced
herein, 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.
ARTICLE 14. TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person,
entity, firm or corporation to which they relate as the context may require. Wherever the context may
require, the singular shall mean and include the plural and the plural shall mean and include the
singular. The term “Contract” as used herein, as well as the terms “herein”, “hereof”, “hereunder”,
“hereinafter” and the like mean this Contract in its entirety and all exhibits, amendments and addenda
attached hereto and made a part hereof. The captions and paragraph headings are for reference and
convenience only and do not enter into or become a part of the context of this Contract, nor shall such
headings affect the meaning or interpretation of this Contract.
ARTICLE 15. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
ARTICLE 16. MATERIALITY.
All provisions of the Contract shall be deemed material. In the event CONSULTANT fails to comply
with any of the provisions contained in this Contract or exhibits, amendments and addenda attached
hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option
and without notice terminate this Contract.
ARTICLE 17. EXHIBITS AND CONTRACT DOCUMENTS.
All exhibits and other documents referred to in this Contract form an essential part of this Contract.
The exhibits and other documents, if not physically attached, should be treated as part of this Contract
and are incorporated herein by reference. In the event of an express conflict between this Contract
and any exhibit or other document, the terms of this Contract shall control.
Page 6 of 8
ARTICLE 18. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of the
Village of North Palm Beach.
ARTICLE 19. SURVIVABILITY.
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.
ARTICLE 20. WAIVER OF SUBROGATION.
CONSULTANT hereby waives any and all rights to Subrogation against the VILLAGE, its officers,
employees and agents for each required policy. When required by the insurer, or should a policy
condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an
endorsement, then CONSULTANT shall agree to notify the insurer and request the policy be
endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This
Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy
specifically prohibits such an endorsement, or voids coverage should CONSULTANT enter into such
an agreement on a pre-loss basis.
ARTICLE 21. REPRESENTATIONS/BINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal right
to execute and deliver this Contract and perform all of its obligations under this Contract.
ARTICLE 22. GOVERNING LAW, VENUE AND REMEDIES.
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce this Contract will be held in Palm Beach County.
B. 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. The VILLAGE and CONSULTANT knowingly, voluntarily and intentionally waive any
right they may have to a trial by jury with respect to any litigation arising out of or in connection
with this Contract.
ARTICLE 23. INSPECTOR GENERAL
CONSULTANT 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 CONSULTANT and its
subconsultants. CONSULTANT understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of CONSULTANT or its subconsultants to fully cooperate
Page 7 of 8
with the Inspector General when requested may be deemed by the VILLAGE to be a material breach
of the Contract Documents justifying termination.
ARTICLE 24. PUBLIC RECORDS.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’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, CONSULTANT shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONSULTANT shall:
1. Keep and maintain public records 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 CONSULTANT 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 CONSULTANT or keep and maintain public records required by the
VILLAGE to perform the services. If CONSULTANT transfers all public records to the
VILLAGE upon completion of the Contract, CONSULTANT shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONSULTANT keeps and maintains public records upon completion of the
Contract, CONSULTANT 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.
ARTICLE 25. E-VERIFY
CONSULTANT warrants and represents that CONSULTANT and all subconsultants are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONSULTANT has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from
each subconsultant stating that the subconsultant does not employ, contract with or subcontract
with unauthorized aliens. If the VILLAGE has a good faith belief that CONSULTANT has
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knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this
Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE
has a good faith belief that a subconsultant has knowingly violated Section 448.09(1), Florida
Statutes, but CONSULTANT has otherwise complied, it shall notify CONSULTANT, and
CONSULTANT shall immediately terminate its contract with the subconsultant.
IN WITNESS WHEREOF, the VILLAGE and CONSULTANT hereto have made and executed this
Contract as of the day and year first above written.
CONSULTANT:
HAZEN AND SAWYER, P.C.
BY:
Print Name:
Title:_____________________________
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
DEBORAH SEARCY
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
VILLAGE ATTORNEY
1
VILLAGE OF NORTH PALM BEACH
Stormwater Master Plan Modeling and
Design Implementation Engineering Consulting Services
PROJECT BACKGROUND
The Village of North Palm Beach is proceeding with a Village-wide program to improve stormwater
management (both flood protection and water quality). To support this endeavor, the Village
has adopted a Stormwater Utility Assessment program to provide stable and dedicated
funding for the purposes of reliable and regulatory compliant stormwater management. To
that end, the new funding program will support comprehensive stormwater data collection,
modeling, master planning, and capital investment. As such, the scope of services below
provides for:
Data collection of stormwater infrastructure attributes needed to populate and complete
an existing geographic information system (GIS) database, as well as modification of
database schema and assistance with migration of data.
The development and implementation of a hydraulic/hydrologic stormwater model of the
VILLAGE. The model shall consist of a comprehensive basin by basin analysis of the
existing and proposed stormwater systems, and how they react to different boundary
conditions, including future projected climatological conditions. Based on the model
results, develop a master plan consisting of capital improvement projects (CIP) to address
rainfall and tidal-driven flooding, as well as environmental and water quality issues (as
noted below).
Provide permitting coordination with primary regulatory agencies relative to the approach,
methods and results associated with the aforementioned model in order to expedite
permitting of capital improvement projects associated with the program.
Update and/or develop new standard details and specifications for use in both proposed
capital improvement projects associated with the program, as well as other future projects.
Assist the VILLAGE in researching, identifying and prioritizing Funding
Options/Opportunities and preparing grant applications for activities/projects associated
with the program.
Develop a stormwater program component specifically targeted at environmental
protection and water quality improvement. This will include programmatic best
management practices (BMPs) as well as constructed features to help achieve these
goals.
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SPECIFIC SCOPE OF SERVICES
The Scope of Services to be provided by CONSULTANT shall be as follows:
PHASE 1
Task No. 1 – Stormwater Inventory/Data Collection
The data collection and mapping portion of this project will be performed for the purpose of
providing detailed information about the land surface characteristics, the hydrographic features
and the stormwater infrastructure throughout the Village. This information will be used to update
current data sets and to model the existing surface and stormwater management system.
This task will include the collection of data associated with Village owned stormwater structures;
verifying, updating and/or adding horizontal and vertical (x-y-z) positions and structure/pipe data
(rim, invert, pipe size, material, direction) to existing structures in the Village GIS and other
missing structures (to be added as identified in the field). Stormwater structures/pipes including,
but not limited to: manholes, catch basins, junction boxes, culverts headwalls and pipe ends will
be collected as needed for modeling purposes.
To model existing stormwater flow and perform basin delineation, consistent and accurate ground
elevation data across the entire Village will be obtained in the form of the latest (existing) aerial
LiDAR for the region.
1.1 Aerial Photogrammetry and LiDAR Acquisition, Processing, and Extraction
Feature extraction and ground surface models including a Digital Terrain Model (DTM)
and a Digital Elevation Model (DEM) will be sourced from the approved LiDAR dataset for
the Stormwater modeling in Task 5.
Feature extraction from the Aerial\LiDAR will include horizontal and vertical positions of
features and structures that are visible in the dataset. This will save field time and maintain
a consistent level of accuracy. Those features that aren’t visible will be collected by
traditional survey methods in the field as part of the field data collection process.
Aerial photography will be obtained from the Palm Beach County Property Appraiser (PBCPA)
office.
1.2 Field Data Collection
Field data collection will start after the initial meeting between the Village and CONSULTANT to
determine the ArcGIS Geodatabase schema and extent of attributes to collect. The
CONSULTANT will perform surface field reconnaissance in areas adjacent to known/existing
Village owned storm drainage networks and other portions of right-of-way likely to include storm
drainage infrastructure. While performing this investigation, CONSULTANT will develop an
inventory of areas served by swale drainage, with a general description of condition (supported
with photo documentation). This will be used to support development of an ongoing swale
rehabilitation program to correct overgrown swales’ impedance of runoff from
3
roadways/driveways and improve water quality treatment.
CONSULTANT will develop a conceptual model network, as detailed in Task 5, to identify a
network of critical assets for field data collection and/or verification. The network may consist of
existing drainage system assets already in the Village’s GIS. For budgeting purpose, an
allowance ($10,000) has been established for collection of survey data associated with previously
unidentified structures (not currently in the GIS) and/or structures requiring confirmation of asset
data. If additional survey data collection (beyond the allowance) is required a new Task Order or
Task Order Amendment would be required. Additionally, an allowance ($10,000) has been
established for collection of geotechnical data to support planning efforts. These investigations
are anticipated to consist of Exfiltration Tests and SPT Borings.
As needed to supplement the existing GIS, CONSULTANT will conduct field visits to structures
within Village’s public right-of-way and collect information pertaining to their location, and
dimension for inclusion in the GIS database. The inventory shall also include the limits of physical
drainage assets, retention/detention areas, canals, creeks, ponds and lakes to support the
modeling effort described in Task 5. Digital photographs of visited structures and waterbodies
shall be taken at the time of the field visit. Condition assessment is not included and could be
performed under a separate Task Order.
Data collection will focus on the following attributes:
Structure type (manhole, junction, inlet, control structure):
Invert elevation(s)
Bottom of structure
Pollution retardant baffles (PRBs) presence
(If present) weir elevation and geometry
(If present) bleeder elevation and geometry
Pipes:
Length of pipe based on distance between found structures if connected, if not
connected based on plans from Village.
Diameter (inches)
Length of Exfiltration Trenches (Based on Plans or other information from Village)
Material (RCP, CMP, HDPE, Other) if visible in field, otherwise it will be based on plans
from Village or other methods to determine material.
Pipe Liner Present – If visible in field, otherwise it will be based on plans from Village
or other methods to determine material.
One-way flow valve present - If visible in field, otherwise it will be based on plans from
Village or other methods to determine.
Culvert crossings:
Upstream/Downstream Invert elevations
4
Material (CMP, RCP).
Type (Circular, Elliptical, H. Ellipse, Rectangular)
Diameter (inches)
Single barrel vs. multiple
Headwalls and Seawalls:
Headwall treatment (Square Edge, Projecting Outlet, Mitered Slope)
Headwall Material (Concrete, Rip Rap)
Seawall Construction Material (boulder and rock, sheet piles, cast concrete, rip rap)
and approximate top of seawall elevation will be derived from existing plans or LiDAR
Swale and Retention/Detention Area Cross-sections: Swale and Retention/Detention
areas located within the public right-of-way or otherwise on publicly owned lands shall be
obtained from LiDAR data obtained as part of this project.
1.3 Additional Data
The CONSULTANT will collect, through various means, additional soft data needed for the
development of the hydrologic/hydraulic stormwater model outlined in Task 5 of this Task Order,
and compiled as identified in the Geodatabase, as described in Task 2. The additional data may
include the following:
Water surface elevations determined by LiDAR, and groundwater elevations determined
from well reports.
Tidal and historical sea-level rise data.
Predicted sea-level rise and precipitation data per the Southeast Florida Regional Climate
Change Compact and South Florida Water Management District.
Canal flow rates from SFWMD (DBHydro).
Comprehensive GIS throughout VILLAGE limits including contours from LiDAR ground
surface, soil types, existing land use, future land use, flood zones, etc.
Roadway elevations at crossing of arterial and collector roadways will be determined from
LiDAR.
Crest lengths for roadway (weir) crossings will be determined from LiDAR.
Critical flooding elevations (i.e., finished floor elevations for residences, evacuation
routes,etc.) to be determined by Flood Certificates.
Limited geotechnical testing/percolation tests. Research existing SFWMD permits for
existing percolation test data.
Data acquired from other agencies and organizations may be used in order to aid and streamline
collection effort, pending independent field validation by the CONSULTANT. Pertinent
5
stormwater data may be collected from the following potential agencies and/or organizations:
Village of North Palm Beach and surrounding municipalities
Palm Beach County
South Florida Water Management District (SFWMD)
Florida Department of Transportation (FDOT)
Florida Department of Environmental Protection (FDEP)
Southeast Florida Regional Climate Change Compact
U.S. Army Corps of Engineers (USACOE)
Federal Emergency Management Agency (FEMA)
Natural Resource Conservation Service (NRCS)
National Oceanic and Atmospheric Administration (NOAA)
South Florida Regional Planning Council
United States Geologic Survey (USGS)
U.S. Fish and Wildlife Service (USFWS)
Florida Fish and Wildlife Conservation Commission (FWC)
Information from additional agencies may be used in the data collection process and model
development. Examples of the data types include but are not necessarily limited to:
Design Plan Documents
Comprehensive Plan Documents
Local, State or Federal rules, regulations, ordinances and laws
Engineering reports, basin studies or other pertinent documents
Existing and future land use and zoning information (including DRI’s, PUD’s, EIS’s, EA’s
major subdivision plans)
Construction plans (e.g., design or as-built) for development
FDOT Design plans and as-builts.
County/municipality roadway construction plans and survey information
Most recent NRCS soil survey data
SFWMD DBHYDRO Database
Stream flow/elevation and lake level data
Historic rainfall, evaporation and evapotranspiration data and analysis
Historic, measured flood levels or flows
Aquifer recharge and potentiometric data
Seasonal high water level determinations
6
Tidal information
FIRM’s and Flood Insurance Study Reports
Deliverables:
Autodesk Civil 3D drawing file format with DTM/DEM surfaces already built in.
Two foot grid ground surface point files in xyz format
Database of the Village’s stormwater infrastructure attributes in ArcGIS geodatabase
format
Task No. 2 – Integration of Data in Village’s GIS
Creating an extensible and scalable stormwater geodatabase for the Village will require careful
consideration with respect to its expected use and purpose for the foreseeable future. The
following sub-tasks present a work flow to be undertaken in order to create a functional and
sustainable geodatabase.
2.1 Task Kickoff Meeting and Gap Analysis
The Village will share its current geodatabase schema, data dictionary, and data with the
CONSULTANT. After an initial review of these, CONSULTANT will facilitate a task kickoff meeting
with appropriate Village staff to discuss at a minimum the following:
Existing datasets
Data needs under this project
Geodatabase and data preferences
Existing geodatabase examples
Stormwater inventory precision and needs (i.e. QC Process)
Plans for perpetual maintenance of the delivered geodatabase
Workflows for data use and maintenance
End-User Concerns
CONSULTANT will assess the datasets collected from the Village and perform a brief gap
analysis to determine the areas requiring intervention and/or structures to accommodate new data
in the geodatabase. This gap analysis will be based on the CONSULTANT’s understanding the
Village’s requirements and expectations from the new geodatabase and the state of the existing
geodatabase.
CONSULTANT will present the gap analysis to the Village for review and the Village will provide
its comments to the CONSULTANT. CONSULTANT shall incorporate VILLAGE’s comments and
finalize the gap analysis technical memorandum.
This gap analysis technical memorandum will serve as a key document in designing the new
geodatabase.
7
Deliverables:
Meeting Minutes
List of data received from the Village
Technical memorandum: Gap analysis (draft and final)
2.2 Geodatabase Design
CONSULTANT will develop an initial stormwater geodatabase schema, associated data
dictionary and data management plan. The CONSULTANT shall keep the VILLAGE staff
apprised of the development and ensure participation of key VILLAGE staff in the design process.
The geodatabase may include (or provide for future addition of):
Spatial feature class definitions for types of stormwater assets
Attribute and data type definitions
Time series data structure definitions (e.g. inspections, condition assessments, etc.)
Consequence of failure and risk analysis data structure definitions
Asset level graphical (photos, videos) and non-graphical (documents) data association
CONSULTANT shall consider recommendations and changes to the initial schema (i.e. existing
GIS geodatabase) and incorporate these changes in the final geodatabase design. This
geodatabase shall eventually serve as the repository for all data collection activities in Task 1,
including addition of new assets, updating spatial and non-spatial attributes of existing assets,
and associated graphical and non-graphical data.
Deliverables:
Initial geodatabase schema
Working data dictionary
Working stormwater geodatabase
Technical Memorandum: Data dictionary
2.3 Integration of the New Geodatabase in VILLAGE’s ArcGIS
CONSULTANT shall integrate the new stormwater geodatabase within VILLAGE’s working
environment.
CONSULTANT will assist in migration of the new database to VILLAGE’s environment and
perform required tests to ensure it is working. The implementation will ensure access to the
geodatabase by multiple users simultaneously within reasonable performance standards.
Deliverables:
Comprehensive stormwater geodatabase
8
2.4 Training
CONSULTANT shall train VILLAGE staff to edit data, create GIS queries on data, model and
analyze geospatial relationships and create and display maps. CONSULTANT shall train
VILLAGE staff to transition AutoCAD dwg-files into ESRI ArcGIS format, based in the Florida
State Plane Coordinate system. CONSULTANT shall also assist the VILLAGE in procuring all
software and hardware that may be necessary to run and access the GIS database, and aid
collection and integration of new infrastructure attributes.
Deliverables:
Notes/documentation associated with training sessions
Task No. 3 - Identify Water Quality and Regulatory Compliance Requirements
The CONSULTANT will coordinate with SFWMD, FDEP, and Palm Beach County to identify any
existing or anticipated water quality and/or storm/surface water regulatory requirements that might
affect the VILLAGE. These requirements will be identified, along with the expected time frame
and costs for actions necessary to address them.
Consultant will recommend policies and regulations to reduce pollutants at the source (such as
sediment and erosion control and proper fertilizer use/application).
Consultant will identify existing drainage systems which lack (or have limited) water quality
treatment components. These systems will be prioritized for water quality retrofit, and a suite of
water quality BMPs will be developed for possible application. Included will be a standard swale
profile, which can be locally adapted throughout the Village for the provision of drainage and water
quality treatment, as well as certain green infrastructure details and specifications which can be
used for piloting functionality on both Village projects and private development projects within the
Village.
Costs associated with such measures can be incorporated into the dashboard developed in Tasks
8 and 9.
Deliverables:
Database of the existing or anticipated water quality and/or storm/surface water regulatory
requirements that may affect the VILLAGE.
A prioritized list of storm drainage systems for water quality retrofit, and suite of potentially
suitable BMP’s for said retrofits.
Task No. 4 – House Bill (HB) 53 Reporting
Consultant will utilize information previously provided by the Village, relative to stormwater related
services provided historically and planned stormwater management activities, to complete the
required reporting associated with HB 53. CONSULTANT will also meet with VILLAGE staff in
9
order to obtain information needed for the June 30, 2022 submittal. CONSULTANT will complete
the required reporting, in line with the provided FDEP template and provide a draft to the VILLAGE
for review. VILLAGE comments will be incorporated as appropriate and the report submitted prior
to the required deadline.
Deliverables:
Completed Stormwater Template for submittal to FDEP.
Completion Milestone – June 30, 2022
Task No. 5 – Modeling Services
The CONSULTANT will develop and implement a hydrologic/hydraulic (water quantity)
stormwater model representing the VILLAGE using the latest Streamline Technologies ICPR 4
software. The model will utilize the data collected in Task No. 1 of this Agreement. The
CONSULTANT will perform a comprehensive basin by basin analysis of the existing and
proposed stormwater systems, and how they react to different boundary conditions, including
future projected climatological conditions and sea level rise.
5.1 Modeling Services Kickoff Meeting
The CONSULTANT will prepare for and participate in a modeling services kick -off meeting with
the VILLAGE staff. It is anticipated that the CONSULTANT and the VILLAGE will review the
following:
Sources of existing modeling information for review and possible use;
Coordination strategy with Palm Beach County, SFWMD, and other stakeholders;
Modeling standards and protocols that may be utilized;
Potential, future boundary and climatological conditions;
Proposed flood protection level of service (LOS) goals.
Deliverables:
Modeling Services Kickoff Meeting Minutes
5.2 Review Literature and Inventory Existing Stormwater Studies
The CONSULTANT will obtain and review reports, data, and models (if available) associated with
existing/prior studies relevant to developing the stormwater model for the VILLAGE. The
CONSULTANT will coordinate with the VILLAGE, Palm Beach County, SFWMD, and neighboring
communities to collect available stormwater studies. The results of the literature and studies
review will be summarized and included in a technical memorandum (which will become a final
report chapter).
Additionally, the CONSULTANT will review areas of known flooding with the VILLLAGE. This
includes locations of reported or known flooding as identified by the VILLAGE or FEMA (Repetitive
10
Loss Properties). These flooding areas of concern will inform the stormwater modeling in
subsequent sub-tasks to identify the likely cause(s) and potential solution(s) to improve the flood
protection LOS for these areas.
Deliverables:
Stormwater Studies Review Summary Memorandum; and
Flooding areas of concern database/GIS layer.
5.3 Model Approach and Standards
The CONSULTANT will develop a stormwater modeling approach and standards, making use of
applicable findings from previous studies and analyses. The CONSULTANT will prepare a
technical memorandum (which will become a final report chapter) describing model objectives,
assumptions, proposed data sources, relevant data to establish boundary conditions, spatial
level-of-detail (including extent of the drainage system represented in the model network), and
the temporal level-of-detail. The memorandum will define the modeling standards and processes
to be employed by the CONSULTANT, methods and standardized lookup table values to be used
and quality control procedures. The model approach will identify gaps in the existing data and
make recommendations for filling such data gaps (via appropriate assumptions). The approach
will include subdivision of the VILLAGE into multiple drainage basins delineated by natural and
manmade features/conditions.
Deliverables:
Conceptual Modeling Approach and Standards Memorandum
5.4 Stormwater Quantity Model Development
Hydrologic Parameterization
The CONSULTANT will develop hydrologic model input parameters consistent with the modeling
approach and standards presented in Sub-task 5.3. The hydrologic model component will
delineate hydrographic features within the VILLAGE, including but not restricted to: topographic
ridge lines, hydraulic control points, storage areas, and contributing offsite watershed basins that
may affect the hydrological conditions. The watershed/drainage basins will be sub-divided based
on the different land uses and depth to water table to the extent practical, with their own runoff
parameters, directly connected impervious areas (DCIA) and times of concentration (TC). In
addition, the model will incorporate groundwater interaction, flows from offsite (e.g. SFWMD)
canals, and other factors contributing to the basin hydrology.
Data collected under Task 1 that supports hydrologic parametrization, such as land use (existing
and proposed) or soils, will be updated by the CONSULTANT to reflect current conditions. Any
hydrologic inputs from other studies identified under Sub-task 5.2, which will be integrated into
the current modeling effort, will be converted to ICPRv4 accordingly.
The Digital Elevation Model (DEM) will be refined using the topographic information acquired
during Task 1. Any changes to the topographic information will be annotated in the metadata.
11
The level of detail in developing the hydrologic representation of the VILLAGE’s
watersheds/basins will be commensurate with the ability to provide planning level assessments
of deficiencies of the VILLAGE’s infrastructure, and therefore suitable for examining solutions to
support LOS goals. CONSULTANT will use its professional judgment in determining basin sizing,
storage representation, and modeling schematic detail, to perform alternative analyses.
Hydraulic Parametrization
The CONSULTANT will develop hydraulic model input parameters consistent with the modeling
approach and standards presented in Sub-task 5.3 utilizing data collected under Task 1 and Sub-
task 5.2. Any hydraulic inputs from other studies identified under Sub-task 5.2, which will be
integrated into the current modeling effort, will be converted to ICPRv4 accordingly. The hydraulic
model component will consist of a detailed node and link dataset that closely mimics the existing
VILLAGE infrastructure and physical boundaries in different watersheds/basins. Warning
elevations will be identified and entered into node data to identify critical flooding areas such as
roadways or building structures and used to evaluate the drainage system LOS. Links will
subsequently be created to connect successive nodes in series. Link data will be entered for
drainage structures as well as cross sections based upon the collected data.
The level of detail in developing the hydraulic representation of the VILLAGE’s watersheds/basins
will be commensurate with the ability to provide planning level assessments of deficiencies of the
VILLAGE’s infrastructure, and therefore suitable for examining solutions to support LOS goals.
CONSULTANT will use its professional judgment in determining minimum conveyances to model,
and extent of system modeling beyond the VILLAGE right-of-way necessary to provide an
understanding of the movement of runoff from VILLAGE right-of-way (via outfalls) to receiving
waterbodies. Modeling of Intracoastal Waterway and other navigable Village waterways will not
be hydraulically modeled (rather established as boundary conditions). Likewise, bridges occurring
within these water bodies will not be modeled.
Stormwater Model Development
The CONSULTANT will develop a preliminary stormwater model using ICPRv4 representing the
current stormwater infrastructure conditions and provide results for VILLAGE review.
Model results will be checked by the CONSULTANT for continuity and stability con cerns. Nodes
or links within the model that exhibit anomalous behavior in stage or flow (i.e. oscillations,
divergence, etc.) will be identified and addressed wherever possible (including those that affect
peak conditions).
Design Storm and Future Conditions Simulations
The CONSULTANT will perform five (5) design storm model simulations based on the SFWMD
rainfall distributions for the 5-year 24-hour, 10-year 24-hour, 25-year 24- and 72-hour, and 100-
year 72-hour storm frequency events. For each of these critical storm event simulations, peak
stages for each return frequency and duration will be compared to warning stages identified for
each node. All nodes which experience flooding conditions will be identified showing the
maximum height reached above the warning stage and the duration and extent of flooding for
each of the critical design storms.
12
The CONSULTANT will perform approximately 25 simulations representing current conditions
and two (2) future land use/time scenarios, and two (2) climatological and sea level rise scenarios
per Compact data.
5.5 Level of Service Analysis
Once the stormwater modeling analyses are complete, the CONSULTANT will perform the LOS
analysis to summarize potential flooding impacts throughout the VILLAGE. One of the goals of
the LOS analysis is to assign a flooding LOS at the sub-basin scale. The LOS will be developed
based on the results of the stormwater model, LOS goals established by the VILLAGE under Sub-
task 5.1, and how those results translate to flood vulnerability. Both roadway and structural
flooding LOS will be established and analyzed according to a methodology mutually acceptable
to the CONSULTANT and the VILLAGE. The LOS documentation will include an estimate of the
number of structures, by type (e.g. emergency/essential, habitable, commercial/industrial) within
floodplain areas by review of building footprint, property appraiser, and VILLAGE GIS data.
Deliverables:
A Floodplain Level of Service Technical Memorandum documenting the methods used to
develop the LOS units and designations;
GIS feature class identifying the LOS units and their designation; and
A table summarizing for each LOS unit the designation and a description of the magnitude
and type of flooding that is occurring (e.g. number of structures inundated, linear feet of
flooded roadway, etc.) within each watershed/basin.
5.6 Model Results Workshop
One (1) model results workshop will be held with VILLAGE staff to discuss system capacity
deficiencies and results of the LOS analysis. Additionally, at this meeting the CONSULTANT and
the VILLAGE will:
Determine if future scenario boundary conditions and/or the flood protection LOS goals
should be revised for up to three selected categories (e.g. critical structures, local
roadways, evacuation routes, etc.).
Identify areas that may warrant additional analysis and/or detail to be completed under a
separate task order (e.g. Private stormwater system contributing to flooding within the
VILLAGE’s right-of-way); and
Establish the proposed criteria, criteria relative weights, and performance metrics for
alternatives analysis.
Additionally, The CONSULTANT will participate with the VILLAGE in up to two (2) meetings with
stakeholder groups (such as Palm Beach County, FDOT, SFWMD etc.) that have stormwater
infrastructure contributing to LOS deficiencies within the VILLAGE. At this meeting, the
CONSULTANT will present the modeling and LOS analysis results and facilitate a discussion of
potential alternatives that may be implemented by the stakeholder(s) to address flooding.
13
Deliverables:
Workshop meeting minutes
Stakeholder group meeting minutes.
5.7 Solutions Evaluation
The CONSULTANT will facilitate an analysis of alternative/potential solutions within the VILLAGE.
The CONSULTANT will use and modify the stormwater model to evaluate projects and programs
based on discussions during the Model Results Workshop completed under Sub-task 5.6.
Alternatives will address issues necessary to develop comprehensive and resilient stormwater
design solutions to identified problem areas. A conservative future land use and Sea Level Rise
scenario will be used to evaluate solutions’ utility in possible future conditions. Up to three overall
improvement alternatives will be developed. Evaluation of additional alternatives will require a
supplemental task order. Wherever possible, the design solutions will focus on the following:
Attainable roadway LOS.
Prioritization of non-transportation related flooding.
Minimizing flooding during high tide events and under future sea level rise conditions.
Limiting 25-year, 24-hour storm event flooding to roadways and yards.
Preventing 100-year storm event peak stage from breaching existing finished floor
elevations.
Accommodating future growth/development in the VILLAGE.
For each alternative the analysis will include the following:
Evaluate the effectiveness in alleviating flooding LOS deficiencies.
Prepare concept-level cost estimate for each alternative.
Prepare alternative concept plan illustrations.
The Alternatives Analysis/Solutions Evaluation will be presented to the VILLAGE at a
progress meeting.
Deliverables:
An Alternatives Analysis/Solutions Evaluation technical memorandum documenting the
methods used and results of the analysis
Progress meeting minutes
5.8 Model Training and Implementation
The CONSULTANT will perform a requirements analysis for the VILLAGE to identify necessary
software and hardware to run and maintain the stormwater model. A requirements analysis will
review the VILLAGE’s current hardware and software capabilities compared with the needs to
14
update, execute, and utilize the stormwater model and make recommendations to the VILLAGE
to address the gap, which may be included in a subsequent task order.
The CONSULTANT will provide a copy of the model to VILLAGE staff, unrestricted by copyright
or any other legal bindings. Along with the model, all supporting spreadsheets and calculations
used to establish model parameters shall be produced in both electronic format and hard copies.
The CONSULTANT will conduct a one-day training workshop at the Village’s offices to train
VILLAGE staff on the stormwater model to reach an adequate level of proficiency and be able to
independently update, execute and analyze model results.
Deliverables:
Hardware and software requirements analysis;
Electronic copy of the VILLAGE model;
One (1) HD containing the model input and output data and supporting spreadsheets and
calculations;
One (1) training workshop for VILLAGE staff.
Task No. 6 – Develop Capital Improvement Program (CIP)
Based on the system modeling, LOS analysis, and solutions evaluation, CONSULTANT will
develop a prioritized CIP, organized to mitigate flooding and water quality issues in sequence
based on factors such as; overall benefit to system LOS, relief to most flo od-impacted areas,
precedence required for system effectiveness, obligation to meet regulatory/water quality
requirements. CONSULTANT will prepare a draft CIP for VILLAGE review and comment.
CONSULTANT will participate in a workshop with VILLAGE staff to finalize CIP. CONSULTANT
will prepare finalized CIP and submit to VILLAGE in the form of a Stormwater Master Plan Report
Chapter and Microsoft Power BI dashboard.
Deliverables:
Draft and finalized CIP Chapter and Microsoft Power BI dashboard
Workshop minutes
Task No. 7 - Evaluate Impacts of CIP on Stormwater Utility Rates
CONSULTANT will coordinate with VILLAGE regarding historical and expected Stormwater Utility
(Assessment) revenues and other sources of stormwater program funding. Using this data in
conjunction with the CIP dashboard developed in Task 6, CONSULTANT will work together with
VILLAGE to plan CIP implementation horizon, including the potential impacts different
implementation timeframes may have on Stormwater Utility (Assessment) Rates. The dashboard
will be flexible to evaluate various financial scenarios going forward.
15
Deliverables:
Draft and final Microsoft Power BI dashboard
Task No. 8 – Final Master Plan Report
CONSULTANT will prepare a draft final report comprised of the various technical memoranda
and additional sections related to the approach, model, results, and proposed recommendations
arising from the study. The Final Master Plan will also include a Dashboard for the VILLAGE’s
ongoing use for purposes of updating information relative to the proposed CIP and/or program
funding. CONSULTANT will submit a draft of the report for VILLAGE review and comment and
will meet with VILLAGE staff to review and discuss comments. As appropriate, comments will be
incorporated, and the report finalized.
Deliverables:
Draft and Final Master Plan Reports
Microsoft Power BI dashboard
Completion milestone – 12 months from Notice to Proceed
Task No. 9 – Community Awareness and Stakeholder Communication Plan
The CONSULTANT shall develop a VILLAGE-wide strategic Community Awareness and
Stakeholder Communication Plan that educates the stakeholders about efforts the Village is
undertaking to reduce flooding and improve water quality and overall stormwater management in
the area. This plan will include the following sections:
a. Goals and Objectives
b. Community Awareness Team and Responsibilities
c. Stakeholder Analysis
d. Key Messages
e. Schedule of Outreach
CONSULTANT will prepare content for delivery to the community by the VILLAGE.
CONSULTANT will also prepare presentation materials and lead a pre-determined number (for
budget purposes not to exceed 3) of neighborhood/community meetings.
Deliverables:
Draft and final Community Awareness and Stakeholder Communication Plan.
Content for outreach and presentations for community meetings
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PHASE 2
Task No. 1 – Engineering Details and Specifications
Paving and Drainage Details: The CONSULTANT will prepare standard paving and drainage
details for use by the VILLAGE in this and future projects. The paving and drainage details shall
be based on FDOT’s standards, except in specific cases where the VILLAGE is requesting a
specialty item that is not found in the FDOT standards. The following details are anticipated.
Description Type Data Source
Pipeline Trench and Pavement Restoration Road Hazen
Vehicle Loop Installation Road Hazen
Ground Signs - Notes and Guidelines Road FDOT Index 11860-01
Ground Signs - Foundations / 150 MPH selection Road FDOT Index 11860-03
Pavement Markings - Crosswalks Road FDOT Index 17346-03
Pavement Markings - Intersections Road FDOT Index 17346-04
Reflective Pavement Markers Road FDOT Index 17352-01
Depth of Pipe Below Railroad Crossing Road FDOT Index 280-03
Curbs Road FDOT Index 300-01
Curbs Road FDOT Index 300-02
ADA Sidewalk Curb Ramps Road FDOT Index 304-01
ADA Sidewalk Curb Ramps Road FDOT Index 304-02
ADA Sidewalk Curb Ramps Road FDOT Index 304-03
ADA Sidewalk Curb Ramps Road FDOT Index 304-04
ADA Sidewalk Curb Ramps Road FDOT Index 304-05
ADA Sidewalk Curb Ramps Road FDOT Index 304-06
ADA Sidewalk Curb Ramps Road FDOT Index 304-07
Concrete Sidewalk Road FDOT Index 310-01
Concrete Sidewalk Road FDOT Index 310-02
Road Base Structural Number Table Road FDOT Index 514-01 & TOJ
Pedestrian Aluminum Railing Road FDOT Index 862-02
Asphalt Tie-In Details Road Hazen
Decorative Pavers in Roadway Road Hazen
Roadway Restoration Sequence Road Hazen
Signage Plan and Schedule Road Hazen
Speed Hump Road Hazen
Temporary Tree Protection Barriers Road Hazen
Exfiltration Trench Cross Sections and Details Drainage Hazen
Precast Drainage Structures Drainage Hazen
Skimmer for French Drain Outlet Drainage FDOT Index 241
Miscellaneous Drainage Details Drainage FDOT Index 280-01
Slotted Pipe Detail Drainage FDOT Index 285-02
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Description Type Data Source
Drainage Well Drainage FDOT Index 288
Exfiltration Trench Overflow Structure Drainage Hazen
General and Water Details: Additionally, CONSULTANT shall develop details relative to erosion
and sediment control (ESC), general requirements and water utilities. The following details are
anticipated. It is intended that the details listed below will augment the VILLAGE’s existing
standard utility details.
Description Type Data Source
Floating Turbidity Barrier ESC Hazen
Erosion and Sediment Control Details and Notes ESC Hazen
Density Testing Notes General Hazen
General Notes General Hazen
Symbols and Abbreviations General Hazen
Conflict Manhole Type 1 and Type 2 Utility FDOT Index 307-02
Automatic Air Release Valves for Areas that Flood Water Hazen
Bacteriological Sampling Points Water Hazen
Cannon Flushing Water Hazen
Filling and Flushing Connection Water Hazen
Manual Air Release Valves for Areas that Flood Water Hazen
Pipe Grouting Water Hazen
Pressure Pipe Details Water Hazen
Water Main Separation Details and Notes Water Hazen
Paving and Drainage Specifications: The paving and drainage specification sections listed below
will be developed.
Site Preparation PVC Pressure Pipe
Dewatering Disinfection
Contaminated Soil Surface Restoration
Excavation Support Limerock Base
Fill and Backfill Pavement Marking
Excavation Support Concrete Curb and Sidewalk
Subgrade Preparation Asphalt Pavement
Trench Backfill Soil Preparation
Soil Stabilization Sodding
Tree Relocation Landscaping
Conveyance Piping Irrigation
18
Ductile Iron Pipe
Green Details: The CONSULTANT shall work with VILLAGE staff and develop details for “green”
water quality and quantity standards, such bio-swales, and pervious pavements, to be used
throughout the VILLAGE in this and future projects.
Green Specifications: The CONSULTANT shall work with VILLAGE staff and develop
specifications for “green” water quality and quantity standards, such bio-swales, and pervious
pavements, to be used throughout the VILLAGE in this and future projects.
Trenchless: The CONSULTANT shall assist the VILLAGE in developing details and specifications
for alternative trenchless and minimum invasive pipe and structure replacement/repair techniques
such as pipe bursting, jack and bore, pipe lining and ground injection systems.
Review Meetings: Participate in two (2) meetings with VILLAGE personnel to review
details/specifications and obtain input.
Deliverables:
AutoCAD files for details which comply with the VILLAGE’s CADD Standard.
Details in AutoCAD format using the VILLAGE standard title block.
Details in PDF format using the VILLAGE standard title block.
Specifications in Microsoft Word format.
One (1) hard copy and one (1) CD of the details and specifications.
Task No. 2 - Identify Framework for Stormwater Asset Management Plan
VILLAGE may be interested in developing a Stormwater Asset Management Program for the
purpose of long-term planning regarding the operation, maintenance, repair, rehabilitation and
replacement of Stormwater System Assets. CONSULTANT will develop an outline which may be
used for the future development and implementation of such a Program.
Deliverables:
Written outline document for Asset Management Framework
Task No. 3 – Conceptual Permit for the Proposed CIP
The CONSULTANT will determine the applicable primary permit agency (expected to be
SFWMD), for the adopted CIP from Phase 1 and prepare a “permitting” summary for the
VILLAGE. The CONSULTANT will arrange a meeting with the applicable primary permit agency
and facilitate two meetings with the agency and the VILLAGE to review the stormwater modeling
approach, modeling results, and selected alternatives. These meetings are intended to introduce
the permit agency to the watershed modeling and conceptual alternatives developed for the
VILLAGE and prepare said agency for permitting actions as alternatives move into design and
19
permitting phases. The CONSULTANT will prepare meeting minutes and deliver all
correspondence between the CONSULTANT and the permit agencies to the VILLAGE.
Deliverables:
Summary of applicable permit agency/agencies for each conceptual alternative;
Meeting minutes; and
Copies of all correspondence with the permit agencies.
Required Conceptual Permit Application
Task No. 4 – Grant Application Preparation/Research Funding Options
The CONSULTANT will assist the VILLAGE in researching, identifying and prioritizing Funding
Options/Opportunities and preparing grant applications (to various agencies/entities) for
stormwater, environmental and resiliency projects and programs.
Deliverables:
Grant applications
Written documentation for submittal
Task No. 5 – Engineering Design of Capital Improvements
Scope to be developed once CIP have been developed, prioritized, and implementation schedule
approved.
Task No. 6 – Construction Permitting of Capital Improvements
Scope to be developed once Capital Improvements have been developed, prioritized, and
implementation schedule approved.
Task No. 7 – Bidding of Capital Improvements
Scope to be developed once Capital Improvements have been developed, prioritized, and
implementation schedule approved.
Task No. 8 – Construction Management of Capital Improvements
Scope to be developed once Capital Improvements have been developed, prioritized, and
implementation schedule approved.
5/4/2022
Senior Vice
President
Associate Vice
President Senior Associate Senior Principal
Engineer
Principal
Engineer
Senior
Principal
Scientist
Assistant Engineer
II Assistant Engineer Senior CAD\BIM
Designer
Senior
Administrator Administrator
Phase 1 Phase 1 - Task Title $280.00 $280.00 $240.00 $165.00 $150.00 $110.00 $110.00 $95.00 $120.00 $130.00 $80.00
Task No.Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours
1 Stormwater Inventory/Data
Collection 0 0 0 16 0 0 0 40 0 0 0 56 $6,440 $20,000 $26,440
2 Integration of Data in Village’s
GIS 0 0 0 8 0 0 0 20 4 0 0 32 $3,700 $3,700
3
Identify Water Quality and
Regulatory Compliance
Requirements
4 4 0 32 0 0 0 40 16 0 0 96 $13,240 $13,240
4 House Bill (HB) 53 Reporting 0 0 0 20 0 0 40 0 0 0 0 60 $7,700 $7,700
5 Modeling Services 8 24 0 80 0 0 220 64 0 0 0 396 $52,440 $52,440
8 Develop Capital Improvement
Program (CIP)8 12 20 60 0 0 60 60 0 0 8 228 $33,240 $33,240
9 Evaluate Impacts of CIP on
Stormwater Utility Rates 2 0 20 16 0 32 0 0 0 0 0 70 $11,520 $11,520
10 Final Master Plan Report 12 20 8 40 16 2 80 28 0 0 16 222 $32,840 $32,840
11
Commmunity Awareness and
Stakeholder Communication
Plan
12 0 0 12 0 0 8 0 0 0 8 40 $6,860 $6,860
46 60 48 284 16 34 408 252 20 32 1200 $167,980 $20,000 $187,980
$187,980
Subconsultant Cost
(CTA)Total Labor Cost
Stormwater Master Plan Modeling and
Design Implementation Engineering Consulting Services
Phase 1 TOTAL
Phase 1 (lump sum)
Village of North Palm Beach
Hazen and Sawyer Fee Estimate
Total Hours Hazen Labor
Cost
1 of 1
VILLAGE OF NORTH PALM BEACH
VILLAGE MANAGER’S OFFICE
TO: Honorable Mayor and Members of the Village Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Chad Girard, P.E., Assistant Director of Public Works
DATE: April 14, 2022
SUBJECT: MOTION – Accepting the ranking by the Selection Committee for Stormwater Master
Plan Modeling and Design Implementation Continuing Services Contract and authorizing
Staff to commence negotiation of an Agreement with Hazen and Sawyer.
Village Staff is recommending Council approval of the Selection Committee’s ranking of the firms
submitting qualification statements in response to the Village’s Request for Qualifications (RFQ) for
Stormwater Master Plan Modeling and Design Implementation Continuing Services Contract.
Background:
In 2016, the Village Council adopted the Citizens’ Master Plan. The Plan was the result of a citizen
engagement process and intended to guide the next era of growth and development in the Village of
North Palm Beach. One of the priority projects identified by the Plan was the creation of a stormwater
utility that would finance repairs and improvements, including enhancement of water quality, to the
Village’s stormwater system. At that time, it was recognized that the Village’s aging system needed to
be maintained to deliver reliable protection of property and enhance the quality of stormwater runoff into
the Village’s canals and the Lake Worth Lagoon.
Based upon the Citizens’ Master Plan recommendation, the Village conducted an exploratory study to
provide information and data related to the establishment of a stormwater fee structure to fund needed
stormwater activities and improvements within the Village. Following the completion of a fee study by
Hazen & Sawyer, the Village’s Stormwater Utility and Stormwater Fund was established in July 2021 and
the Non-Ad Valorem Stormwater Fee was approved in September, 2021.
With the stormwater fee in place, the Village Council identified the development of a Stormwater Master
Plan as a priority action item in the FY 2022 Strategic Plan. The Stormwater Master Plan will complete
the necessary evaluation of the existing stormwater system to identify vulnerabilities and recommend the
most economic and feasible approach to addressing the needs of the system. Specifically, the Master
Plan will recommend implementation of necessary stormwater system improvements to address
conveyance and water quality deficiencies as well as strategies for sea level and storm vulnerability
impacts. To that end, Village staff initiated the process to select a consultant to develop the Stormwater
Master Plan through the Consultants’ Competitive Negotiation Act (CCNA) process.
Request for Qualifications (RFQ) Process:
In accordance with Section 287.055, Florida Statutes (CCNA), the Village issued an RFQ on December 21,
2021 in an effort to identify the most qualified firm to provide stormwater master plan modeling and design
services to the Village.
A Selection Committee consisting of Village Manager Andy Lukasik, Director of Public Works Chuck Huff,
Assistant Director of Public Works Chad Girard, Streets and Stormwater Manager Ken Hern, and Village
resident Ellen Allen (Environmental Committee Board Member) participated in the initial review of the
qualification statements. The following five firms submitted their qualification statements on January 26, 2022:
Hazen and Sawyer,
Kimley-Horn,
Baxter & Woodman,
Keith, and
South Florida Engineering and Consulting, LLC.
Based upon the Committee’s review of the qualification statements submitted by each firm, the Committee
shortlisted Hazen and Sawyer and Kimley-Horn at the Committee’s meeting on March 1, 2022 and invited
both firms to make presentations to the Committee.
On March 30, 2022, the Committee received presentations from the two shortlisted firms. Although both firms
are extremely experienced and well qualified, the Committee selected Hazen and Sawyer as the firm that will
best be able to address the Village’s needs as part of a Stormwater Master Plan. Hazen demonstrated an
excellent understanding of the Village’s stormwater system and showed a knowledge of how to plan for future
needs addressing community flood vulnerabilities as well as securing alternate sources of funding for the
project.
In accordance with the requirements of the RFQ issued by the Village, Staff is requesting Village Council’s
authorization to commence competitive negotiations with Hazen and Sawyer as this was the Evaluation
Committee’s top-ranked firm. If Staff is unable to negotiate an agreement, Staff will terminate negotiations
with Hazen and Sawyer and begin negotiations with Kimley-Horn, the second-highest ranked firm. If
negotiations fail with both Hazen and Sawyer and Kimley-Horn, the Committee ranked Baxter & Woodman
as the third-highest ranked firm.
Recommendation:
Village Staff recommends Council consideration and approval of a motion accepting the Selection
Committee’s ranking of Hazen and Sawyer as the top-ranked firm and authorizing Staff to
commence negotiations for the completion of a Stormwater Master Plan with the top-ranked firm.
If Staff is unable to negotiate an agreement with the top-ranked firm, Staff will terminate
negotiations and move down the list to the next highest-ranked firm as required by the CCNA.
Stormwater Master Plan Modeling
and Design Implementation
Continuing Services Contract
Interview | RFQ No. 2022-100 | March 30, 2022
1
Hazen and Sawyer is a leader nationally, regionally, and locally
in the areas of stormwater management and climate resiliency
City of Boston
New York City DEP City of Hollywood
City of Fort Lauderdale Miami-Dade County
City of Margate
Town of Jupiter
City of Oakland Park City of Stuart Orange County, CA
Sanitation District
Our clients range
from small
municipalities
to large metro regions.
Our projects are
tailored to specific
needs.
City of Coral Gables
2
Our Team
3
Recent Resilience
Collaborators
Broward
County
Fort
Lauderdale
Our proposed leadership team has proven South Florida success in stormwater
planning, modeling, design, permitting, and construction management
Robert Taylor, Jr., PE
Project Director
Lucia Medina, PE
Project Manager
Richard Pryce, PSM
Data Collection Lead
Guillermo Regalado, PE
Modeling/Planning Lead
Jennifer McMahon, PE
Design, Permitting,
CMS Lead
Fort Lauderdale Stormwater Master Plan
Modeling and Design Implementation
Oakland Park Stormwater Master Plan and
Flood Vulnerability Assessment
Town of Jupiter General Engineering
Services for Stormwater and Capital
Improvements
City of Coral Gables General Consultant
City of Margate Phase 1
Stormwater Master Plan (ongoing)
Broward County Countywide Risk
Assessment and Resilience Plan (recent
selection)
4
Physical
Characteristics
Physical
Characteristics
We have a good understanding of the Village’s
stormwater system and overall program
Climatological
Conditions
Climatological
Conditions
Stormwater
Infrastructure
Stormwater
Infrastructure
Stormwater
Program& Funding
5
Our right-timed, right-sized approach allows a
fiscally responsible means of tackling your priorities
Aging/Failing infrastructure
Water quality and
environmental protection
Tidal flooding in low areas
Future flood protection
(SLR/storm surge)
6
Aging and failing infrastructure is foremost
amongst the Village’s stormwater-related priorities
7
Water quality and nuisance flooding can be addressed
via swale grading and rehab
Residential portions of
the Village depend
heavily on swale
drainage for water
quantity and quality.
8
Addressing flooding issues and coastal protection
is important at the Country Club and Village Parks respectively
9
Planning for future climate conditions is necessary and timely
10
Below EL 3.0 NAVD88Below EL 4.0 NAVD88Below EL 5.0 NAVD88
INSTALL
Tidal Valves
RAISE
Seawalls
Planning for future climate conditions is necessary and timely
INSTALL
Pump Station(s)
11
High Tide
Backflow
High Tide
Backflow
Seawall
Breaching
Seawall
Breaching
Raised Seawall
& Pumping
Raised Seawall
& Pumping
12
Project Approach
Our approach is founded in having delivered this same scope of work
Stormwater Master Plan Modeling and Design Implementation
Scope of Services
Village
North Palm Beach
City of Fort
Lauderdale
Develop Community Outreach Program
GIS Database Validation and Data Gap Analysis
Data Collection
GIS Database Update and Integration with Asset Management Software
Existing H&H Model (development, execution, and post-processing)
Level of Service Analysis
Develop Capital Improvement Projects (CIPs)
Proposed H&H Model (development, execution, and post-processing)
Develop Cost Estimates for Final CIPs
Obtain Conceptual/Construction Permits for CIPs
Design CIPs
Construct CIPs
13
Our data collection approach, GIS validation, and
organization have been well honed with partner CTA
•We know your Stormwater GIS from the Utility Study
•Ready protocols and procedures for efficient additional
data collection
•Experience incorporating many clients’ GIS data into asset
management systems of various types
Our vetted data collection process
provides time savings efficiencies.
Attributes field surveyor for over
5,000 stormwater features
14
In addition, we have already obtained Village aerial
photogrammetry, LiDAR, and Digital Elevation Model (DEM)
The foundation of your hydrologic/hydraulic model will be the DEM derived from PBC LiDAR.
15
We use a variety of Hydrologic & Hydraulic modeling software
packages, and believe ICPRv4 is ideal for the Village
Ease of use and wide application in the
industry (especially in FL)
Well known to permitting agencies
(benefits reviews)
Easy data integration from/to GIS
Convenient for occasional users
16
Boundary conditions for other South Florida stormwater plans will be
leveraged to save time and money
Fully consistent with Southeast Florida Regional Climate Compact
17
Allow us to reflect SLR impacts on future surface
and groundwater conditions
Model simulations will address an
array of possible conditions and uncertainties
•King Tides & Storm Surge
•Sea Level Rise & High Groundwater Table
•Varying Climatological Conditions:
•Change in Design Storm Events (5 yr., 10 yr.)
•Increase of Rainfall Intensity
•Use a Temporal Distribution that fits the Drainage Conditions
18
Our modeling is focused on converting data into valuable insight
Modeling
Results &Stormwater H&H ModelGWIS
19
Inundation
Rasters
GIS Database (ICPRv4)Database
20
21
22
Our level of service approach to capital investment
prioritization is critical to public acceptance
We use tools to streamline identifying vulnerabilities and to vet alternative solutions.
23
Oakland Park, FL
Conceptual permitting of the model-based CIP
makes design implementation very smooth
Successfully used in FTL
for ~$200M in stormwater
infrastructure investments
Under Design Development
Project Completed
Under Construction
ERP/SWML Permits Obtained
Design Completed
24
We have developed other means of adding
value related to modeling and capital planning
25
Model Training –We are always here to help!
Modeling Data & Results Interfaces –ArcGIS Online
CIP Details and Cost Estimates –PowerBIDashboard
Public outreach and involvement is critical to program success
We use Hi-Tech/Hi-Touch elements to add
value and support effective communication.
26
Hazen’s desktop condition assessment projected
R&R needs using industry standards and local experience
•Expected service life
•Concrete pipe: 50 -70 years
•Corrugated metal pipe: 30 -50 years
•Cost-effective repair methods
•FDOT District 4 Contract
•South Florida R&R programs
•North Palm Beach Rate Study
•Provided R&R program funding options
and associated costs
Diameter Linear Feet
≤ 12 1,591
15 12,906
18 10,649
24 9,735
27 392
30 4,226
33 185
36 4,048
40 562
42 1,351
48 463
54 173
60 857
Grand Total 47,325
Asset Type Count
Catch Basin 370
Curb Inlet 5
Pipe End
Structure 6
Manhole 14
Weir 2
Outfall (6 are
"Major Outfalls")78
Sum 475
The Village’s Existing Stormwater Assets
27
The Village’s selected program will minimize
uncertainty and maximize efficiency over time
•Assumptions are replaced
with data
•Decisions reflect actual
condition of pipe and
structures
•Budgeting is right-sized
using defensible, condition-
based information
•Proactive, well-timed
interventions avoid more
costly and disruptive
reactive work
28
Capital investment alone will not solve
your stormwater/resiliency challenges
•We will help develop policies and regulations to
support infrastructure and operations/maintenance
•Forward-focused requirements for
development/redevelopment
•Benefit from ground we are already covering
elsewhere in South Florida
29
Isles of Palms, Before and After
Our Team has tremendous design capacity to
deliver planned projects at whatever pace you desire
We’ve already developed
Standard Specs/Details, which
can be quickly tailored to the
Village.
Deep bench – delivered design of over 1,000 drawings
(representing ~$200M construction) for the City of Fort
Lauderdale in about 18 months
Inventory of Designed
Improvements for Fort Lauderdale
Improvement Total Unit
New Storm Sewer 103,435 LF
Replaced Storm Sewer 30,989 LF
Exfiltration Trench 21,264 LF
New/Restored Swale 75,455 SF
Drainage Wells 2 #
Water Quality Structures 11 #
Pump Stations 7 #
Backflow Preventers 148 #
Permeable Pavement 3,698 SY
Created Wetlands 9 AC
Seawall Replacement 5,612 LF
Canal/Creek Restoration 3,800 LF
30
Close coordination with other
Village infrastructure investments
Schedule
31
We can deliver the SWMP
12 months from NTP.
Submittal of HB-53
Stormwater Needs
Analysis (deadline
June 30, 2022)
Two months savings
One month savings
One month savings
We fully understand your Stormwater Assessment Program
and how it can be adapted to incorporate the resulting CIP
•Use of Pay-Go or Bonding/Borrowing
to fund Program
•Impacts of additional capital on:
•Annual assessment per ERU
•Duration to hold the selected rate
•Tailored rate program to meet Village
objectives
Number of Years to Complete CIP and
Pipe Improvements using Pay Go
Stormwater Assessment
($/month increase
per ERU increase)
CIP Capital Cost
$1
million
$2
million
$4
million
$6
million
$0.00 20 27 41 55
$0.50 17 22 33 44
$1.00 14 19 28 38
$1.50 12 16 24 32
$2.00 11 14 21 29
Number of Years to Pay Off Bond for CIP and Pipe
Improvements using Debt Service
$0.00 25 Cannot make principal and
interest payments on bond
$0.50 20 29 47 65
$1.00 17 24 39 55
$1.50 15 21 34 47
$2.00 13 19 30 42
Note baseline Pipe Improvements plan implemented over 15 years.
32
Our prowess in securing funding for municipal clients is another bonus
Success in this capacity further helps control assessment rates
$185 Million
In funding for water infrastructure
projects over the last two years.
Seth Robertson, PE
Grant Coordination/Funding Expert
Seth Robertson, PE, formerly served as the
national co-chair of the EPA and State SRF
workgroup and understands national funding
priorities.
Over the past ten years, Hazen has secured
over $4.1 billion in grant and loan funding to
support capital infrastructure projects.
33
Selection of the Hazen Team provides the
following keys to a dynamic and successful Master Plan
34
Proof Proof
•Model Scenarios
•Boundary Conditions
•Data Collection
•Modeling Processes
•Standard Details/
Specifications
Proof
•Stormwater
Assessment
Program/Rate Study
•Reviewed Field
Issues
Proof
Multi-decade consultant
to local governments
•Jupiter
•Palm Beach County
•Many Others
•Miami-Dade County
•Broward County
•Fort Lauderdale
•Oakland Park
•Coral Gables
35
Questions
36
Funding Sources
American Rescue Plan Act (ARPA)
Resilient Florida Grant Program
Hazard Mitigation Grant Program (HMGP)
Flood Mitigation Assistance (FMA)
Building Resilient Infrastructure and Communities (BRIC)
Resilience Implementation Grants (RIGs)
319 Nonpoint Source Grant Program
VILLAGE OF NORTH PALM BEACH
Parks and Recreation
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Zakariya M. Sherman, Director of Leisure Services
DATE: May 12, 2022
SUBJECT: RESOLUTION – Interlocal Agreement with the Town of Lake Park for Summer Camp
The Town of Lake Park cannot host their 2022 Summer Camp Program this year. They were unable to
hire a new Recreation Supervisor in time to oversee the program.
As a result, the Town is hoping to partner with the Village so Lake Park residents can have a local summer
camp option. If approved, the Interlocal Agreement would allow Lake Park residents to participate in the
Village’s Summer Camp at the Village resident rate of $225.00 per week.
A similar Interlocal Agreement between the Town of Lake Park and the Village was adopted in 2016.
Since spots remain open, the agreement will have a positive fiscal impact. Recreation is accepting 45
campers per week.
There is no fiscal impact to the Village.
The attached Resolution and Agreement have been prepared/reviewed by your Village Attorney for legal
sufficiency.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution adopting an
Interlocal Agreement with the Town Lake Park for Summer Camp services and authorizing the
Mayor and Village Clerk to execute the Agreement in accordance with Village policies and
procedures.
RESOLUTION 2022-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT WITH THE TOWN OF LAKE PARK PERTAINING TO THE
VILLAGE’S SUMMER CAMP PROGRAM AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON
BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into interlocal
agreements for the performance of public functions; and
WHEREAS, the Town of Lake Park (“Town”) is unable to host its annual summer camp program
and proposed an Interlocal Agreement whereby the Town will subsidize the cost of pre-qualified
Town residents to attend the Village’s summer camp program and the Village will all ow such
campers to participate at the Village resident rate on a first come, first served space available basis;
and
WHEREAS, the Village Council determines that the execution of the Interlocal Agreement with
the Town is in the interests of the public health, safety and welfare.
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 and are incorporated herein.
Section 2. The Village Council hereby approves an Interlocal Agreement between the Town
of Lake Park and the Village pertaining to the Village’s summer camp program, a copy of which
is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute
the Interlocal Agreement on behalf of the Village.
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2022.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK