HomeMy Public PortalAboutPRR 16-2169From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.comj
Sent: Wednesday, April 27, 2016 7:31 AM
To: Rita Taylor <RTaylor@gulf-stream.org>; Bill Thrasher <bthrasher@gulf-stream.org>
Subject: Public Record Request - small group - boardman
Dear Custodian of Records,
This email is a singular request for a public record in the custody of the Town of Gulf
Stream. Please respond to this public record request in a singular manner and do not
combine this public record request with any other public record requests when
responding to this request.
Before making this public record request, I first searched the public records portion of
your agency's website hoping I could locate the public record I seek without having to
trouble you for it. Unfortunately I can not find the records I wish to examine.
During the Town Commission meeting held on March 11, 2016 under agenda item VIII the
minutes reflect that the mayor suggested that the information that has been presented be
made available to a small group of residents that are knowledgeable in this type of situation
for their input and that this matter be further considered at the next meeting on April 8,
2016. Their were no objections to this suggestion. I request you provide for my
inspection the public record which is any record of who the members of this
small group are; what documents were considered by them; what there input
was; and any records of communication in the Town's custody with any members
of this group during the time period from Jan 1, 2016 to the present.
I assume Mr. Boardman was a member of this group but if he wasn't then please
produce for my inspection any all records of communication and attachments
and/or documents referenced in those communications, on any matter, between
Mr. Boardman and any member of the Town of Gulf Stream* during this same
time period.
I make this request pursuant to Article 1, Section 24 of the Florida
Constitution and Chapter 119 of the Florida Statutes.
If you contend that any of the records I am seeking, or any portion thereof, are exempt
from inspection or disclosure please cite the specific exemption as required
by 4119.07(1)(e) of the Florida Statutes and state in writing and with particularity the
basis for your conclusions as required by 6119.07(1)(f) of the Florida Statutes.
Please take note of 6119.07(1)(c) Florida Statues and your affirmative obligation to (1)
promptly acknowledge receipt of this public records request and (2) make a good faith
effort which "includes making reasonable efforts to determine from other officers or
employees within the agency whether such a record exists and, if so, the location at
which the record can be accessed." I am, therefore, requesting that you
notify every individual in possession of records that may be responsive to this public
records request to preserve all such records on an immediate basis.
If the public records being sought are maintained by your agency in an electronic format
please produce the records in the original electronic format in which they were created
or received. See §119.01(2)(f), Florida Statutes.
Please provide only those records for inspection that do not require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes. Take
note of §119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist,
the production for inspection of which will require extensive use of information
technologies or extensive staff time or both in excess of 15 minutes, then
please provide those records that can be produced within the first 15 minutes
and advise me of the cost you anticipate to be incurred by your agency for the
remaining records prior to incurring this cost. Please do not incur any costs on my
behalf without first obtaining my written authorization to proceed.
If you anticipate the need to incur any costs that I would be statutorily required to pay in
order to inspect these public records which would exceed $1.00 please notify me in
advance of your incurring that cost with a written estimate of the total cost. Please be
sure to itemize any estimates so as to indicate the total number of pages and/or
records, as well as to distinguish the cost of labor and materials. Again, please do not
incur any costs on my behalf without first obtaining my written authorization to proceed.
The phrase Town of Gulf Stream used herein refers to the Town in its entirety including
all employees, appointees, officials, assignees, counsel and consultants including Town
Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town
Departments, Town Police Officers, Town Employees, Town Engineer, the law firm
(Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all
attorney, partner and employee members of that firm; the Town Counsel of Sweetapple,
Broeker & Varkus including all attorney, partner and employee members of that firm, the
Town Counsel of Richman Greer, P.A. including all attorney, partner and employee
members of that firm and any other entity associated with the Town and subject to
public records law.
The term public records used herein has the same meaning and scope as the definition
of Public records adopted by the Florida Legislature as Statutes Chapter 119. A record
that does not exist because of its disposition requires the creation of a disposition
record. In all instances where you determine a record does not exist please determine if
the record once existed and in its stead provide the disposition record for my inspection.
I hereby reserve all rights granted to me under the Florida Constitution and Florida
Statutes.
All responses to this public records request should be made in writing to the following
email address:
chrisoharegulfstream(ilgmaii.com
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TOWN OF GULF STREAM
UTILITY UNDERGROUNDING
ASSESSMENT METHODOLOGY
APRIL 28, 2011
Florida Office
7380 Sand Lakc Road
Suite 500
Orlando, Fl. 32819
Tel: (407) 352-3958
Fax: (888) 326-6864
WI LLDAN
Financial Services
Corporate OiRce
27368 Via Industria
Suite 110
Temecula, Cil 92590
Tel: (800) 755-6864
Fax: (951) 587-3510
Regional Oliices
Oakland, CA
Sacramento, CA
Los Angeles, CA
Orange County, CA
TABLE OF CONTENTS
- ---------- .......... 13
14
Executive Summary
Willdan Financial Services (WFS) has been retained by the Town of Gulf Steam (the Town), to
develop a methodology that reflects the special benefit received by properties within the Town
from the proposed undergrounding of overhead utilities.
As part of the creation of this benefit methodology, WFS conducted fieldwork, surveying the
affected area of the Town to accurately incorporate the characteristics of the Town and the
relationship between affected properties and the overhead utilities proposed to be
undergrounded. Fieldwork is necessary to identify each property's special benefit. This
information also allows the methodology to account for the fact that some properties in the
Town may already have one of their utility services already undergrounded and, therefore, do
not benefit to the same degree as properties whose utilities are currently transmitted through
overhead facilities. In addition to the fieldwork conducted, Willdan Financial also created a
parcel database identifying all benefitting properties within the project area and categorized
those properties based on their land use and other characteristics used in allocating costs of the
utility undergrounding project.
iA/WILLDAN I I Town of Gulf Stream
Financial Services
Proposed Public Facilities
Utilities, as used in this report, include FPL overhead electric power facilities, AT&T telephone
overhead facilities, Comcast Communications overhead facilities, Palm Beach County Traffic
Interconnect Fiber Facilities and other third party aerial cable, fiber optic, or other facilities
attached to the utility poles removed by the undergrounding project. The undergrounding of
overhead utility lines (the "Project') includes, but is not limited to, the costs associated with
trenching, horizontal directional drilling, installing new utility vaults, conduits and
transformers, laying conduit lines into trenches, switching services to underground systems and
removing existing overhead poles and wires. The project area is defined as the area of the
Town located east of the Intracoastal Waterway, including the recently annexed territory which
occurred in March of 2011 (the "Project Area"). Because a portion of the Town, an area west of
the Intracoastal Waterway known as Place au Soleil, currently has undergrounded utilities, this
area will not specially benefit from the Project and will not be subject to the non -ad valorem
assessments.
The benefit methodology presented in this Report focuses on the entire project cost for the
undergrounding of overhead facilities throughout the Project Area, including costs of
connecting each property's utility services to the undergrounded facilities. Costs related to
project design and engineering, project management, associated legal costs, as well as those
related to development and adoption of the assessment program have been included in the
assessment calculations. The annual costs of administering and collecting the assessments as
well as costs of financing have not, at this time, been included in the assessment calculations.
N 2 Town of Gulf Stream
es
Overhead Utility Undergrounding Project
Town of Gulf Stream
Expenditure
Amount
Survey Costs
$ 110,688
Legal Costs
100,146
Project ManagementiAdmin
269,965
Elect Engineering Services
184,480
Utility Conversion Costs (FPL, AT&T, & Comcast)
3,926,613
Site Landscape Restoration Costs
93,000
Assessment Formation Costs
I 55,000
Contingency
757,852
Total $ 5,497 742
Source: Brannon & Gillespie, LLC; Willdan Financial
LLDAN I 3 Town of Gulf Stream
val services
Assessment Methodology
Under Florida law, non ad -valorem assessments must satisfy a two prong test: 1) the property
burdened by the assessment must derive a special benefit from the services or improvements
provided by the assessment; and (2) the assessment must be properly apportioned among the
affected properties to be assessed. "Special Benefit" requires that there be a logical
relationship between the services or improvements provided and the benefit to real property.
Florida law does not specify the methodology or formula that must be used in calculating
assessments; however, the assessment apportionment methodology must be reasonable and
not arbitrary. The legislative determinations by the Town Commission regarding the existence
of special benefits and reasonableness of the cost apportionment should not be disturbed by a
court unless the determinations are arbitrary. This report discusses the special benefits to
properties within the Project Area from the proposed capital project and presents the
methodology used to apportion the project costs among the benefited properties.
It is necessary to identify the special benefits provided to affected properties within the Project
Area as a result of undergrounding overhead utilities. The distribution of electricity and other
utility services are currently generally available to all properties within the project area;
however, placing overhead electrical lines and other utilities underground will provide special
benefit to properties in the Project Area. Such special benefit permits funding the
undergrounding project through a non ad valorem assessment.
The special benefits that will be provided to affected properties as a result of undergrounding
overhead utilities include the following: improved safety, improved reliability and improved
aesthetics. Each of these benefits is discussed below.
IMPROVED SAFETY
The removal of utility poles and overhead lines provides an improved safety benefit by reducing
the potential of hazardous conditions in the event of natural disasters. Severe tropical storms,
hurricanes, and other natural disasters can cause poles and/or overhead lines to fall and impact
property, and possibly cause live electric lines to be exposed. Downed electric lines pose a
potential threat of fire and potential injury due to electric shock and can restrict ingress and
egress to and from properties within the Project Area.
IMPROVED RELIABILITY
The undergrounding of the overhead facilities will also improve the reliability of utility services
received by assessed properties. Based on a report entitled Out of Sight Out of Mind?. Edison
Electric Institute (2006), the undergrounding of overhead utilities substantially reduces the
frequency of outages, when compared to the frequency of outages occurring with overhead
networks. Parcels will also specially benefit from new upgraded utility lines, cables, and
appurtenant facilities installed through the proposed utility undergrounding to their service
connections. This provides a higher level of reliability of utility services and reduces exposure
to the elements that could cause potential damage and speed deterioration to facilities
resulting in service interruptions. In this particular project area, some properties already have
undergrounded services for one or more of the three main utility services. Therefore, the
public improvement costs related to the special benefit of reliability has been apportioned to
affected properties based on the number of utilities to be undergrounded for each property. In
*' IWILLDAN I 4 Town of Gulf Stream
Fkm=IW Services
addition, the onsite costs of the service laterals for each utility was separated and individually
assessed to the applicable properties. Certain properties will also need to upgrade their meters
in order to accept the utility connection from underground, which has been accounted for by
separating out the costs associated with the meter upgrade and applying the cost to such
properties.
IMPROVED AESTHETICS
In addition to the safety and reliability benefits provided by undergrounding utilities, removing
the overhead facilities and utility poles will eliminate a heavy concentration of electric lines and
communication facilities. This will improve the overall aesthetics for all properties within the
Project Area. Enhancing visual appeal by removal of overhead lines will benefit the aesthetics
of the Project Area and enhance the use and enjoyment of the benefited properties.
*I LLDAN I 5 Town of Gulf Stream
Mcial Services
Benefit Analysis
An assessment apportionment methodology is the analysis of capital improvements or services
- in this case the proposed undergrounding of the existing overhead utilities - to determine the
proportional special benefits received by a property. The method of assessment, or allocation
of Project costs, is determined by an analysis of the special benefit a property receives from the
proposed undergrounding of existing overhead utilities in comparison to the special benefit
received by other properties benefited by the proposed improvements.
SPECIAL BENEFIT
The distribution of electricity and other utilities is available to all properties within the Project
Area. While properties within the Project Area already receive or have access to utility services
through existing overhead facilities, changing the method by which these services are
distributed through the undergrounding of utilities is a special benefit to affected properties
within the proposed Project Area. In reviewing the Project Area, cost estimates, and affected
properties, it has been determined that all of the improvements for the undergrounding of
utilities provide special benefit to the assessed parcels within the Town as well as two
additional condominium complexes outside the Town boundaries along Little Club Road and
one condo complex along Ocean Blvd. These three condominium complexes are discussed
under Non -Assessable Costs later in this Report.
There are three categories of special benefit from the undergrounding of overhead utilities
used to allocate the Project costs to assessed properties within the Project Area. These three
categories of benefit are: 1) improved safety, 2) improved reliability, and 3) improved
aesthetics. To establish an equitable benefit nexus it is necessary to relate each property's
proportional special benefits to the special benefits of all other affected properties within the
Project Area. This Report incorporates a weighted method of apportionment known as an
Equivalent Benefit Unit (EBU) methodology that uses a single-family residence with overhead
utilities as the basic unit of benefit, or 1.0 EBU per category. Other property types, including
government owned properties, are proportionately weighted (assigned EBUs) based on a
benefit formula that equates each property's specific characteristics and special benefits to that
of the baseline single-family residential property. This proportional weighting may be based on
several considerations that may include, but are not limited to the following: the type of
development (land use), size of the property (acreage or units), densities, or other property
related factors.
Collectively, the three categories of special benefit listed above reflect the overall proportional
special benefits that affected properties within the Project Area will receive from the
undergrounding of the overhead utilities. Affected properties are assigned Safety EBUs,
Reliability EBUs, and Aesthetic EBUs to distinguish the degree of special benefits received by
different properties for each of the three categories, respectively. The overall cost of the
project less costs associated with property specific onsite improvements, such as service
laterals and meter upgrades, has been evenly allocated to these three categories of special
benefit.
WWILLDAN I G Town of Gulf Stream
Financial Services
Each parcel's Base Assessment is calculated as the total of the proportional special benefit, and
associated cost allocation, as determined for each of these three benefit categories. In addition
to each parcel's Base Assessment, there may also be property specific improvements such as
meter conversions/replacement and service lateral replacements that may be needed. These
additional property specific improvement needs and costs have been identified for each
individual parcel based on preliminary site inspections by Brannon & Gillespie, LLC. As detailed
surveying and engineering proceed on the Project, adjustments to the property specific
improvement needs will be made as necessary. The information below presents the initial
allocation of Project Costs to the three benefit categories and the estimated total cost of
property specific improvement costs.
Category of Special Benefit
Improved Safety
Improved Reliability
Improved Aesthetics
Sub Total
Property Specific Improvements
TOTAL
Percentage of Budget
33
33
33
100%
Benefit Allocation
$1,718,195.03
$1,718,195.03
$1.718.195.03
$5,154,585.10
$ 343.157.00
$5,497,742.10
For each Category of Benefit, the following discussion identifies parcels that benefit, the
assignment of EBUs, and related equations to determine a parcel's EBUs.
IMPROVED SAFETY
Properties specially benefit from the improved safety of undergrounding overhead utilities in
two distinct ways: 1) the elimination of the potential for poles or overhead lines adjacent to a
property to fall and damage property or expose "live" electrical lines, and 2) the elimination of
the potential for poles or overhead lines to be downed within the neighborhood restricting
ingress and egress to and from the property. A single-family residential lot has been assigned a
base unit of benefit for improved Safety equal to 1.0 Safety EBU. The base Safety EBU accounts
for the two components of improved safety. Therefore, the analysis uses 0.50 equivalent
benefit units for the improved safety to the property and 0.50 equivalent benefit units for the
improved safety access to and from the property.
In reviewing the characteristics of affected properties within the Project Area, there are
multiple properties that encompass an area greater than one acre. Condominium complexes,
multi -family residences, non-residential properties, as well as certain single family residential
properties span a greater area of potential use. Therefore, an equivalency has been developed
to proportionately assign EBUs to these properties, when compared to a baseline, one acre
single family residential lot that has been assigned 1.0 Safety EBU. Based on this equivalency,
some properties, including certain single-family residences, have been assigned additional
Safety EBUs in recognition of the additional special benefit those larger parcels receive from the
proposed utility undergrounding.
iWILLDAN I 7 Town of Gulf Stream
._ Financial Services
In identifying the amount of assigned Safety EBUs for each parcel; overhead facilities, including
utility lines and poles, along secondary streets and alleyways are considered to be adjacent to
all properties on both sides of the secondary street and alleyway that are adjacent to the
overhead facilities. In addition, utility poles are considered a part of the overhead facilities;
therefore, properties adjacent to utility poles are assigned a minimum of 1.0 Safety EBU.
Conversely, some parcels are already adjacent to undergrounded utilities, and, therefore, do
not benefit to the same extent when compared to parcels currently adjacent to overhead
utilities. Properties that do not have overhead facilities adjacent to their property shall be
assigned 0.5 Safety EBUs to account for the portion of special benefit attributable to the
improved safety access to and from their property, which is independent of a property's lot
size.
Each condominium complex was assigned Safety EBUs on a complex by complex basis and the
total Safety EBU assignment to the condominium complex was then apportioned evenly to each
condo within the complex. For single-family residences, multi -family properties, and non-
residential properties, the EBUs calculated were assigned to the applicable parcel number.
Table 1 outlines the safety EBU calculations.
Table 1: Safety EBU Calculation
Land Use
Overhead
Utilities
EBU Assignment
Single Family
Yes
0.5 E1U+10.5 EBU per acre rounded down to nearest whole number (minimum of 0.5 EBU);
No
0.5 EBU
Condominium
Yes
0.5 EBU+ 10.5 EBU per acre of complex rounded down to nearest whole number (min of 0 5)] / condo
parcels in Complex
No
0.5 EBU
Multi -Family
Y
0 5 EBU x units + (0.5 EBU per acre rounded down to nearest whole number (min of 0.5)]
Noes
0.5 EBU x units
Non-0.esldenllal
Yes
0.5 EBU+10.5 EBU per acre rounded down to nearest whole number (minimum of 0.5 EBU)1
No
0.5 EBU
Vacant
Yes
0.5 E1U+10.5 EBU per acre rounded down to nearest whole number (minimum of 0.5 EBU))
No
0.5 EBU
IMPROVED RELIABILITY
The improved reliability benefits that properties receive from the proposed project is directly
related to the undergrounding of the primary utility network and the distribution of electricity,
phone and cable through the undergrounding of service laterals that connect each property's
utility services. Certain properties may need up to three (3) service laterals in order to receive
all three undergrounded utilities. In addition, the number service laterals required from
property to property varies since certain properties have already undergrounded one or more
of its services. Therefore, the number of utility services requiring service laterals coupled with
the undergrounding of the primary network provides a sound basis to determine the degree of
special benefit each property receives from the proposed utility undergrounding when
compared to other properties within the project area. Each property has been assigned 1.00
EBU to reflect the improved reliability resulting from the undergrounding of the primary
network plus an additional EBU per utility service for which service lateral(s) are required. For
condominiums, 1.00 EBU was assigned to the entire complex and evenly apportioned to each
WILLDAN 8 Town of Gulf Stream
Financial Services
condominium parcel within the complex to reflect the improved reliability resulting from the
undergrounding of the primary network. Single-family properties which have additional
detached auxiliary units are assigned one additional EBU (1.00 EBU) per auxiliary unit to
account for the potential of these auxiliary units receiving access to the proposed
undergrounded utilities. Table 2 outlines the reliability EBU calculations.
Table 2: Reliability EBU Calculation
Land Use
JWW'EBU Assignment
Single -Family
1,0 EBU plus 1.0 EBU per utility serving property requiring new service laterals plus 1.0 EBU per auxiliary unit
Condominium
(1.0 EBU/condo parcels in Complex) plus 1.0 EBU per utility requiring new service laterals
Multi -Family
110 EBU plush 0 EBU per utility requiring new service laterals x units)
Nan -Residential
11.0 EBU plus 1.0 EBU per utility requiring new service laterals
Vacant
11.0 EBU plus 1.0 EBU per utility requiring new service laterals
IMPROVED AESTHETICS
Removing the overhead utilities will improve the overall aesthetics of an individual property as
well as the neighborhood aesthetics for all properties within a defined project area by
eliminating a heavy concentration of electric lines and communication facilities. Enhancing
visual appeal by removal of overhead lines will benefit the aesthetics of all parcels within the
Project Area and enhance the use and enjoyment of the benefitted properties. Therefore, a
single family residence adjacent to overhead utilities has been assigned 0.5 EBUs for the
improved aesthetics of its property and 0.5 EBUs for the improved aesthetics of the property's
neighborhood, for a total assignment of 1.0 Aesthetic EBU.
The improved aesthetics from the undergrounding of utilities will specially benefit each
household of a condominium and multi -family complex, and each employee of a non-
residential property. Since there are more units and/or households within condominium
complexes, multi -family properties, and non-residential properties, these properties receive a
different level of benefit than a single-family residence from the improved aesthetics of
undergrounded utility services. Not only does the entire property benefit from the improved
aesthetics, but every unit within a condominium complex or multi -family property, and all non-
residential property will also benefit from the improved aesthetics. Therefore, for residential
properties, a reasonable comparison of benefit can be derived by using population density
factors between a single-family residences, and condominiums /multi -family properties.
Using a population density factor approach for residential properties provides a reflection of
the level of use of the facilities by each residential land use type, and therefore the special
benefit that each property receives. Population density factors for residential properties were
calculated using data obtained from the 2000 census. In comparing densities between different
residential properties, condominiums are categorized as multifamily residences since the
typical size of each property type is similar and, therefore, would generate similar population
densities.
VVWILLDAN I 9 Town of Gulf Stream
Finarxlal Services
For non-residential properties, an acreage equivalency was used to assign equivalent benefits
units to capture the benefit associated with non-residential parcels when compared to a
baseline one acre single-family residential lot.
Properties, whose utilities are already undergrounded, will only be assigned 0.5 EBUs for the
improved aesthetics of the property's neighborhood. Table 3 outlines the aesthetics EBU
calculations.
Table 3: Aesthetic EBU Calculation
Land Use
Overhead
Ikllitias
Dwisity Factor EBUAsLignment
Single -Family
yf5
2 32/2.32 = 1 05 EBU a 10.5 EBU per acre rounded down to nearest whole number (minimum of 0.5 EBU))
No
05 EBU
Condominium
Ycs
1.69/2.32 - 0 72
1.0 EBU s Density FaRar
No
OSCBU
Multi -Family
Yes
1.69/2 32 - 032
1.0 EBU x Density Factor s units
Na
0.5 EBU s units
Non -Residential
YC5
N/A
0.5 EBU+10.5 EBU per acm rounded down to nearest whalenumber(minimum of0.5 EBU))
No
05 EBU
V;
YeS
N/A
0.5 EBU ♦ 105 EBU per acre rounded down to nearest whole number (minimum of 0.5 EBU))
No
0.5 EBU
PROPERTY SPECIFIC IMPROVEMENTS
Specific detail was provided by the engineer on the costs associated with the proposed
undergrounded improvements, including costs associated with connecting each property to the
utility services. For purposes of calculating each parcel's assessment, costs associated with
meter conversions and service laterals were separated and assessed against those properties
that required the specific improvement. The assessment roll provides detail for each parcel's
onsite service needs and related costs.
�WILLDAN I 10 Town of Gulf Stream
_ _ Financial Services
SPECIAL CASES
SCHOOL
While parcels throughout the Project Area benefit from the undergrounding of nearby utilities,
the private school was analyzed as a special case due to the utilization of the property in
relation to its parcel size and the different uses that exist on the school property., In addition to
school facilities, the property contains two single-family residences that will each receive
separate utility undergrounded services as well as meter upgrades. The school also has a
recreation area that was excluded from the acreage calculation in determining the total
assignment of EBUs against the school to ensure a fair proportional allocation of cost based on
the practical use of the property.
Similar to the school property, golf course properties were also analyzed as special cases due to
the utilization of the property in relation to its parcel size. A majority of the golf course acreage
is used for the golf course itself. Therefore, these parcels receive a diminishing return of
benefit as the parcel's total acreage increases. In order to account for the difference in total
special benefit, the acreage for these larger parcels has been adjusted. To calculate these
parcels' adjusted acreage, one side of each parcel's frontage is multiplied by 100 feet to
account for the typical depth of a property.
NON -ASSESSABLE COSTS
Several parcels located outside the boundaries of the Town along Little Club Road will be served
and specially benefited by the Project. These parcels have been included in the assessment
calculations, and costs have been allocated to these parcels in the same manner as similar
parcels located within the Town. The Town does not have the legal authority to impose special
assessments on parcels outside its jurisdiction; however, excluding these parcels from the
assessment calculations would potentially subject benefitting parcels within the Town to an
assessment that is greater than the special benefit conferred on such properties. Therefore,
costs allocated to these non -assessable parcels, equal to 212,449.21, need to be covered by the
Town from other available revenues.
Similarly to properties along Little Club Road, parcel number 0843453425 along Ocean Blvd just
outside the northern border of the Town will partially benefit from the improved safety and
improved neighborhood aesthetics as a result of the proposed utility undergrounding of the
Town. However, the condominium complex is served on the north side of the property through
overhead facilities which will not be undergrounded as part of this project. EBUs were initially
calculated in the same manner as similar parcels located within the Town; however, the EBUs
were then discounted by one-half (1/2) to account for the fact that the complex will only have a
portion of existing overhead facilities undergrounded along Ocean Blvd. The result of this
calculation translates to $90,271.39 of the total cost, which is considered non -assessable and
cannot be funded through the non ad -valorem assessments. The Town will need to fund this
amount through other available revenues.
WI LLDAN I 11 Town of Gulf stream
Financial Services
Diagram
A Diagram showing the affected properties within the Town (as they existed at the time of the
creation of this Report), and parcels adjacent to overhead utilities will be provided under
separate cover once improvements plans are finalized.
*ILLDAN I lZ Town of Gulf Stream
__ _ Financial Services
Assessment Roll
An assessment roll identifying each parcel's equivalent benefit unit assignment for each of the
three categories of special benefit as well as property specific improvements related to laterals
and meter upgrades is provided herein. The Assessment Roll was separated into two
components: 1) Base Assessment, and 2) Base Assessment plus onsite costs.
WWILLDAN I 13 Town of Gulf Stream
Financial Services
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'i
FEASIBILITY STUDY
Town of Gulf Stream Overhead Utility Undergrounding Project
Town's Contractors involved in the Project:
Brannon & Gillespie, LLC — PM and Engineering Services
Willdan Financial Services — Assessment Methodology
Mark Raymond - Bond Counsel
Nowlen, Holt, et al — Assessment Counsel
Avirom & Hall — Surveyors
Betsy Lindsay Inc — Surveyors
Hypower Inc. — Underground Construction
Landscapes of Distinction - Landscaping
FPL - Utility
Comcast - Utility
AT&T — Utility
Feasibility Study :
This initial work provided for an analysis of the constructability of an undergrounding
project, an opinion of the cost, the development of an assessment methodology, the
execution of a straw poll of the property owners, and the execution of a validation
process in the courts. Brannon & Gillespie developed an opinion of the Construction Cost
of $5,442,742 at the outset of the project. The construction project was budgeted at the
opinion of construction cost which included a 15% contingency. This construction cost
did not include administrative and financing costs for financing, inflation, county
assessment fees, or other non -construction costs.
Town of Gulf Stream Underground Conversion Project
Current Opinion
$
110,688.00
Survey Costs (Design, Const, and AsBuilt/ROW)
Legal Costs (Review Easements,Contracts, and ROW)
$
100,146.00
Project Management and Administrative Support
$
237,188.00
Project Engineering Services
$
184,480.00
GAF Credit
$
(973,737.00)
Electrician Elect Meter Enclosure Conversion Costs
$
472,500.00
Utility Contractor Conversion Costs (Contractors, FPL, TEL, & CAN)
$
3,357,850.00
Utility Conversion Costs (FPL)
$
270,000.00
Utility Conversion Costs (TEL)
$
600,000.00
Utility Conversion Costs (CATV)
$
200,000.00
Concrete Curbing Costs
$
0.00
Site Landscape Restoration Costs
$
93,000.00
Street Lighting
$
0.00
Contingency Buffer- 15%
$
790,627.00
Tafal Opinion of Cost
$
5,442,742.00
Recommended Minimum Budget Forcast
$
5,500,000.00
Below is an exert from Assessment Methodology Report secured by the Town from
Willdan Financial Services completed on 4/28/2011. This report included $55,000 for
Assessment Formation which was not previously included in the Brannon & Gillespie
Opinion of Costs.
Overhead Utility Undergrounding Project
Town of Gulf Stream
Expenditure Amount
Survey Costs $ 110,688
Legal Costs
100,146
Project ManagementiAdntin
269,965
Elect Engineering Services
184,480
Utility Conversion Costs (FPL, AT&T, & Comcast)
3,926,613
Site Landscape Restoration Costs
93,000
,Assessment Formation Costs
55,000
Contingency
757,852
Total $ 5,497,742 I
The Bond Counsel provided assistance in identifying project funding. The Assessment
Counsel and Willdan Financial provided assistance in executing the straw poll. The
following is an exert from Town Straw Poll Ballots. The Straw Poll does not appear to
include the $55,000 Assessment Formation costs.
SCOPE OF THE PROJECT
The Project will involve undergrounding of overhead power lines, telephone lines, and
communications cables on all public rights of way, and replacement of service laterals as needed
If a majority of the Ballots received and counted are 'YES", the Project should commence in mid -
to late -20111 and will proceed in phases.
The Project is expected to cost approximately $5.45 million, not including financing costs. This
cost includes, but Is not limited to, planning and engineering, permitting, surveying, construction,
removing overhead poles and wires, restoring landscaping where necessary, project management;
and administration.
Funding for Pre -Project Activities was not included in the $5,442,742 construction
cost. Funding of $55,000 (about 1%) was added for Willdan Assessment Methodology
Development. Other Pre -Project Expenses were added onto the project but not funded.
Feasibility Study, Straw Ballot, Validation Process. The total pre -project expenses added
to the project were approximately $156,748.
Funding for Inflation over a projected 4 year project life cycle was not included.
Inflation as reported by the US Bureau of Labor Statistics CPI Inflation has increased by
approximately 5.4 percent since 2011. Had the project progressed in a more timely
fashion and been completed by 2014, the impact would have been approximately 1.75%
per year, or about $100,00 per year. With 50% pre -payments, and a timely completion by
the end of 2014, inflation should have only added approximately $200,000 to the project
cost.
The FPL Adoption of Extreme Wind Load Design Criteria appears to have impacted
FPL labor rates. The Binding Cost Estimate provided by FPL for Phase 1 reflected an
average cost of $2,121 per pole removed. The Binding Cost Estimate provided by FPL
for Phase 2 provides an average labor cost of $2672 per pole being removed which
suggests a removal labor rate increase of 26%. This increase is likely a combination of
inflation and the new wind criteria. This added approximately $85,000 to the FPL
overhead line removal cost. FPL is verifying.
Contractor Availability has made a major negative impact on the bidding in Phase 2.
F&H Contractors were talked with prior to advertising and communicated that they were
booked up and could not find enough people for the work they had. Danella, another
contractor, is tied up on a large project on the west coast of Florida. Mastec is engaged in
a project down south. Hypower is working on All Aboard Florida.
Gulfstream Undergrounding Project Phase 1 :
Phase 1 of the project is currently under budget. Remaining expenses relate to easement
acquisition efforts and landscaping. We anticipate ending Phase 1 under budget.
Potential cost recovery options are available with the sale of scrap FPL copper wire.
Investigations into the salvaging of FPL transformers indicates a requirement for
removing the oil from the units and certifying the absence of PCB contaminates.
Information was secured from a local major metal salvage operation and a retired FPL
environmental specialists who has had experience since retirement in salvaging utility
transformers. This option is not likely to provide any benefits.
Hypower completed the construction of the underground FPLcable, equipment, and
conduit facilities on October of 2014. AT&T completed the relocation of their wire and
equipment in September of 2015. Comcast has committed to completing their cable and
equipment relocation work by March 18, 2016. FPL will begin the pole removal upon
notification from the Town that all communications facilities have been removed.
Landscaping will begin as soon as FPL completes the overhead line removal work.
Gulfstream Project Phase 2 :
FPSC Complaint filed against FPL for Timely Delivery prior to starting Phase 2:
The Complaint was filed online as follows.
The Town of Gulf Stream, Florida, is concerned as to the responsiveness of the Florida Power &
Light Distribution Engineering Department, and is concerned that requests for "Binding Cost
Estimates" are not receiving a reasonable priority relative to work scheduling. The Town of Gulf
Stream has ongoing communications with the Florida Power & Light Project Manager and is
aware generally of the status of our requests as they move through Florida Power & Light's
process. There are specific time frames for accepting the agreement after the delivery of the
Binding Cost Estimate, but there are no Florida Power & Light Company commitments relative to
the time frame for the delivery of the Binding Cost Estimates to the applicant. The purpose of this
"Complaint" is to seek a commitment from Florida Power & Light Company for a reasonable
delivery time.
Florida Power & Light Company has taken some excellent actions to improve the reliability of
their distribution system. After the Hurricanes of 2004 and 2005, Florida Power & Light Company
issued a Storrs Secure initiative to improve the ability of the electric distribution system to
withstand the impacts of tropical storms. Five specific measures were included with four of the
measures targeted to improving the reliability of overhead pole lines. The fifth measure was to
promote the undergrounding of Florida Power & Light Company distribution facilities. New
provisions were made for agreements to allow the underground facilities to be installed within
street right-of-ways. Tariff filings entitled "UNDERGROUND FACILITIES CONVERSION
AGREEMENT" were submitted and approved to provide for the undergrounding of existing
overhead line facilities. Provisions were made for Florida Power & light Company to collect
engineering deposits and produce "Binding Cost Estimates" when applicants submitted requests
for such services. Many communities have found undergrounding to be very beneficial in
improving the reliability of the distribution system. Many applicant communities have sought to
take advantage of the economic downturn to acquire contract construction services at reduced
costs.
Having seen the benefits of undergrounding in other communities and seeking to take advantage
of the lower contractor costs, the Town of Gulf Stream held Town Hall informational meetings
and the residents voted to undertake an undergrounding project. Financing was arranged and funds
were placed in a project bank account. With these things in place, The Town requested Florida
Power & Light Company to provide a Binding Cost Estimate.
The Town of Gulf Stream submitted a request to Florida Power & Light Company on February 6,
2012, requesting a Binding Cost Estimate and included the requested $19,526 engineering deposit.
We finally received the requested Binding Cost Estimate on Jan. 30, 2013. The delivery was
almost a year after the request was made and the interest on the borrowed funds was ongoing. As
the economy has somewhat improved and is forecast to continue to improve, the Town feels they
have missed the best period of the low contractor prices, and expects to experience increases in
construction costs due to the delay in delivering this Estimate.
At this point, the Town has the requested Binding Cost Estimate and will move forward with this
phase of the work. However, this phase is only half of the overall project and a request for another
Binding Cost Estimate will be forthcoming in the near future. The Town cannot wait another year
for delivery of the next Binding Cost Estimate. As previously stated, the purpose of this
"Complaint" is to improve the process by seeking a commitment from Florida Power & Light
Company for a reasonable delivery time.
Danny Brannon, Project Manager
c/o Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
FPSC TRACKING NUMBER 33230
FPSC Complaint Resolution: (EMAIL BELOW dated 3/14/2013 )
Danny,
As we discussed, to follow up on our telephone conversation on Wednesday, March 13,
2013, below is a summary of our discussion and agreement regarding the conversion of the
electrical service from overhead to underground in the Phase #2 project, Little Club Road to
Golf View Drive.
During our telephone conversation on February 08, 2013, we discussed the subject project
and agreed to the following schedule:
• FPL will provide the Town of Gulf Stream with the preliminary layout and
design for Phase #2 in14 to16 weeks once FPL receives the existing
underground utility survey drawings in AutoCAD from the Town of Gulf Stream.
• Once the Town has approved the preliminary underground design and
equipment locations, FPL will produce the binding cost estimate (B.C.E.) within
8 weeks.
Please note that FPL records indicate the non-refundable deposit for Phase #2 has been
received.
I hope you find this information helpful, and please feel free to contact me should you have
any questions or additional concerns. I can be reached at (561) 845-4624.
Thanks,
John C. Lehr, Jr.
Project Manager -Distribution
FPL
FPL CONTRACT
Eighth Revised Sheet No. 9.725
FLORIDA POWER & LIGHT COMPANY Cancels Seventh Revised Sheet No. 9.725
UNDERGROUND FACILITIES CONVERSION AGREEMENT—
GOVERNMENTAL ADJUSTMENT FACTOR WAIVER '
This Agreement is made and entered into this ✓ day of . 20��y by and between
TOWN OF GULF STREAM CLocal Government Applicant"), a Florida municipal corporation or county with an address of
100 Sea Rd, Gulf Stream, FL 33483 and.FLORIDA POWER &LIGHT COMPANY ("FPL'), a Florida corporation with an
address of P.O. Box 14000, 700 Universe Boulevard, Juno Beach, FL 33408-0429.
WHEREAS, the Local Government Applicant has requested that FPL convert certain overhead electric distribution facilities
located within the following boundaries (the "Conversion"):
_ Town Area - SIO Golfview Road (collectively, the "Existing Overhead Facilities", WR # 4442449) to underground facilities,
including transformers, switch cabinets and other appurtenant facilities installed above ground as set forth in Attachment A hereof
(collectively, the "Underground Facilities", WR # 4442448).
(collectively, the "Existing Overhead Facilities") to underground facilities, including transformers, switch cabinets and other
appurtenant facilities installed above ground as set forth in Attachment A hereof (collectively, the "Underground Facilities").
NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements set forth herein, and other
consideration the sufficiency of which is hereby acknowledged, the parties intending to be legally bound, hereby covenant and
agree as follows:
1. Governmental Adjustment Factor Waiver ("GAF Waiver") Eligibility Criteria. The Local Government Applicant
represents and warrants that it meets the following eligibility criteria for the Conversion:
a. In order for the Conversion to incorporate a sufficient amount of overhead facilities to provide electrical
continuity, the Conversion must include a minimum of approximately 3 pole line miles or approximately 200
detached dwelling units within contiguous or closely proximate geographic areas (the "Conversion Area"). The
Conversion may be completed in mutually agreed upon phases; with the project size minimums applying to the
aggregate project — provided that any necessary subsequent phase begins within a I year period from
completion ofthe prior phase and the minimums are met within, at most, 3 phases; and
b. The Local Government Applicant must require all customers within the Conversion Area who currently have
overhead service directly from the Existing Overhead Facilities to convert their service entrances to
midergmund within 6 months of completion of the Underground Facilities installation or each phase thereof;
and
c. The Local Government Applicant must be willing and able to execute a right of way ("ROW") agreement with
FPL if the Local Government Applicant requests that facilities be placed in the ROW; and
d. For any affected laterals, the complete lateral must be converted, including all stages of any multi -stage lateral;
and
e. The Local Government Applicant must demonstrate to the reasonable satisfaction of FPL that the sum of the
GAF Waiver credit plus any federal or state funds that the Local Government Applicant is able to use to support
the Conversion does not exceed the otherwise applicable CIRC as calculated before application of the GAF
Waiver.
Special Circumstances. Conversions which do not meet the project size minimums described in section La are
eligible for the GAF Waiver in the following special circumstances:
i. 100% of the Existing Overhead Facilities within the Local Government Applicant's corporate limits
are to be converted, but are less than the pole line mileage or dwelling unit minimums; or
H. A single lateral that serves at least one Critical Infrastructure Facility as determined by the
appropriate local agency with the mutual agreement of FPL; or
iii. An island or peninsula where 100% of the Existing Overhead Facilities are to be converted; or
(Continued on Sheet No. 9.726)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: April 6, 2010
5617370188 Fax 08:06:12 a.m. 06-21-2013 3/5
Fifth Revised Sheet No. 9.726
FLORIDA POWER & LIGHT COMPANY Cancels Fourth Revised Sheet No. 9.726
(Continued Gam Sheet Na, 9.725)
iv. When the aggregate size of the first 3 phases of a project would satisfy the minimum size criteria but,
fur mutually -agreed engineering or logistical reasons, those phases are non-contiguous; provided that
(a) the next (4) phase must be adjacent to one or more of the fust 3 phases such that the combined
contiguous area meets the minimum size criteria, and (b) this 4'4 phase begins within I year from
completion of the 3"' pbase.
2. Contribution -in -Aid -of -Construction (CIRC). The Local Government Applicant shall pay FPL a CIAC as
required by FPL's Electric Tariff and Section 25-6.115 of ilia Florida Administrative Code with the Otherwise
Applicable CIAC amount reduced by the GAP Waiver.
1. Otherwise Applicable CIAC $_ 808,914_
ii. GAF Waiver $_ 410,482_
iii. CIACDue S 398.432 (Cost. Performs Some Work—All UG)
In the event the uclual cost of the Conversion exceeds the estimate, the Otherwise Applicable CIAC sholl be
adjusted by the lesser of (a) the difference between the actual cost ofthe Conversion and the estimalq or (b) 10%
of the Otherwise Applicable CIAC Identified above. The GAF Waiver shall also be adjusted accordingly and the
Local Government Applicant shall pay FPL the resulting difference in the amount of the CIAC Due.
3. Applicant -Installed Facilities. The Local Government Applicant may, upon entering into an applicant -
installed facilities agreement satisfactory to FPL, construct and install all or a portion of the Underground
Facilities. Such work must meet FPL's construction standards and FPL will own and maintain the completed
facilities. The Local Government Applicant agrees to rectify any deficiencies, found by FPL, prior to the
connection of any customers to the Underground Facilities and ilia removal of the Existing Overhead Facilities.
4. Compliance with Tariff. The Local Government Applicant agrees to comply with and abide by the requirements,
terms, and conditions of FPL's Electric Tariff
5. Timing of Conversion. Upon compliance by the Local Government Applicant with the requirements, terms, and
conditions of FPL's Electric Tara this Agreement and any other applicable agreements, FPL will proceed in a
timely manner with the Conversion in accordance with the construction drawings and specifications set forth in
Attachment A hereof.
6. Relocation. In the event 01nt Ilse Underground Facilities are part of, or are for Ilia purposes og relocation, then this
Agreement shall be an addendum to the relocation agreement between FPL and the Local Government Applicant
in the event of any conflict between the relocation agreement and this Agreement or the Electric Tariff, this
Agreemeat and the Electric Tariff sball control.
7. Term. This Agreement shall retrain in effect for as long as FPL or any successor or assign owns or operates the
Underground Facilities,
8, CAF Waiver Repayment If the Local Government Applicant does not satisfy the relevant eligibility criteria, the
Local Government Applicant shall repay the GAF Waiver within 30 days of written notice from FPL of such
failure. Additionally, if at any point within 30 years of completion of the Underground Facilities installation, the
Local Government Applicant elects to have electric service within the Conversion Area supplied by a provider
other than FPL, the Local Government Applicant shall repay FPL a pro -rata share of the GAF Waiver. The pro -
rata share (which shall reflect partial years) shall be determined as follows:
GAF Waiver' [(30 —years since the Underground Facilities completion date) / 301
(Continued on Sheet No. 9.727)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: Aprl14,2006
5617370188 Fax 08:07:12 a.m. 06-21-2013 4/5
FLORIDA POWER & LIGHT COMPANY
(Continued from Sheet No. 9.726)
SlreelNo.9.727
9. Termination Prior to the Conversion Completion. Failure by the Local Government Applicant to comply with
tiny of the requirements, terms, or conditions of this Agreement or FPL's Electric Tariff shell result in termination of
thisAgreemenL The Local Government Applicant may hrminatethis Agreement atany time prior tothe start ofthe
Conversion and the CIAC paid by the Local Goverment Applicant will be rerunded to the Local Government
Applicant; provided however, that the refund of the CIAC shall be olIset by my costs incurred by FPL in performing
under the Agreement up to the date of termination.
10. Assignment. The Local Government Applicant shall not assign this Agreement without the written consent ofFPL.
l 1. ,Adoption and Recording. This Agreement shall be adopted by the Local GovemmentApplicant and maintained in
the official records of the Local Government Applicant for the duration of the term of this Agreement. Ibis
Agreement also shall be recorded in the Official Records of the County in which Ore Underground Facilities are
located, in the elaco and in ilia manner in which deeds are typically recorded.
12. Conflict between Terms of Franchise Agreement. In the event of a conflict between the terms of this Agreement
and any permit or franchise agreement entered into by Local Government Applicant and FPL, the turns of this
AgreementshaIl control.
IN WITNESS WHEREOF, PPL and the Local GovemmentApplicant have executed this Agreement on the dale first set
forth above.
TOWN OF GULF STREAM
Qtt�—Signed QIK
rI
Name o0.n �. ort' ujlun
Approved to Terns and C . 'ons
Signed
Name�V(v�rlt1a . LUlf43Ytz�
Title IV Y.xV\,aGe-�
Approved as
Name yd C•XAZ0
Title
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective•. Apr114,2006
FLORIDA POWER & LIGHT COMPANY
Signed I"
Name 1 mus ,4r,1fi'
Title 6 C&Kt jqrt•040-0- LV
5617370128 ' Fax 08:07:50 a.m. 06-21-2013 515
Overhead to Underground Conversion - Customer Cost Sheet
Project: Town of Gulf Stream - Phase #1 Date Estimate Provided to Customer: January 30, 2013
Customer Performs Some Work - All Underground
Underground Cost
New UG Installation {+)
Equivalent OH Installation (-)
Existing Overhead Cost
OH Removal Cost (+)
Existing OH Value (+)
Salvage Value (-)
Subtotal*
GAF
CIRC"
Engineering Deposit (-)
Net Due FPL'
$1,050,457 Cost for FPL to Install new underground facilities
($570,266) Cost to Install an overhead system at current hardening standards
$234,748
Cost for FPL to remove existing overhead facilities
$83,995
Net Book Value of existing OH facilities to be removed
$0
Credit for re -usable Items
$808;914
Total customer contribution asspeclBedInTedff12.2.3
. ($410,402)
Special Circumstances -Island
$398,432
$1,060,457
($19,526)
Engineering deposit previously collected
$378,906
Total customer conhibu8on awed
�:5 f,d-ci`Ic, A�tll,r�"r„�_^.}Ty.s51�S i ri.-�4
X41._..:1<W!�'ti.�8'.ra :sL:1ni:_L. S..e.L..-.ITTTTTT
...0+w -
Cost Breakdowns for Customer Contributions
ern,i,.,11nP.or-,�.�T�S.ir.....- z'1.�1i!'.;...�L+::�:�iius.rl�v t�[!i i�L�' tibt��:�.lv'Z:..d�,s1.'a?t1��''.sim� �•�1�yjli��jyyySC'ric �"`,�'.��'
Major Material Breakdown
Quantity
Total
Labor/Vehicle
Material
Direct Engineering,
UG Switch Cabinet (VISTA)
54
UG Transformer (each)
3
Supervision, and Support
New UG Facilities (+)
$1,060,457
$0
$705,804
$354,653
Credit for equivalent OH (-)
($570,286)
($220,149)
($245,626)
($104,511)
OH Removal Cost (+)
$234748
$184,524
$13,287
$36,937
Total
"!`"5724rB19'
"'t$473;466"'
$287,079
Net Book Value (+)
$83,995
Salvage Value (-)
$0
Subtotal'
""'
GAF
CIAC'
'$3981432
Engineering Deposit (-)
($19,528)
Engineering deposit previously collected,
Net Due FPL*
$378,906
ern,i,.,11nP.or-,�.�T�S.ir.....- z'1.�1i!'.;...�L+::�:�iius.rl�v t�[!i i�L�' tibt��:�.lv'Z:..d�,s1.'a?t1��''.sim� �•�1�yjli��jyyySC'ric �"`,�'.��'
Major Material Breakdown
Quantity
Ilam
68,691
Primary UG Cable (feel)
Install 3
UG Switch Cabinet (VISTA)
54
UG Transformer (each)
3
Splice box for UG feeder each
29,610
OH Primary Conductor (feet)
Remove 87
Pales (each)
62
OH Transformer (each)
2,597
Primary UG Cable feet
Eighth Revised Sheet No, 9.725
FLORIDA POWER & LIGBT COMANY Cancels Seventh Revised Sheet Nn_ 4 7?e
UNDERGROUND FACILITIES CONVERSIONAGREEMENT—
GOVERNMENTAL ADJUSTMENT FACTOR WAIVER
This Agreement is made and entered into 0»s -(,� day of�lj 20AS, by and between
TOWN OF GULF STREAM ("Local Government Applicant"), a Florida municipal corporation or county with an address of
100 Sea Rd, Gulf Stream, FL 33483 and FLORIDA POWER & LIGHT COMPANY ("FPL"), a Florida corporation with an
address of P.O. Box 14000, 700 Universe Boulevard, Juno Beach, FL 33408-0429.
WHEREAS, the Local Government Applicant has requested that FPL convert certain overhead electric distribution facilities
located within the following boundaries (the "Conversion'):
_ Town Area - NIO Golfview Road (collectively, the "Existing Overhead Facilities", WR # 4618490) to underground facilities,
including transformers, switch cabinets and other appurtenant facilities installed above ground as set forth in Attachment A hereof
(collectively, the "Underground Facilities", WR# 4618489).
(collectively, the "Existing Overhead Facilities") to underground facilities, including transformers, switch cabinets and other
appurtenant facilities installed above ground as set forth in Attachment hereof (collectively, lite "Underground Facilities").
NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements set forth herein, and other
consideration the sulfciency of which is hereby acknowledged, the parties intending to be legally bound, hereby covenant and
agree as follows:
1. Governmental Adjustment Factor Waiver ("GAF Waiver") Eligibility Criteria. The Local Government Applicant
represents and warrants that it meets die following eligibility criteria for the Conversion:
a. In.order -for the Conversion to incorporate a sufficient amount of overhead facilities to provide electrical
continuity, the Conversion must include a minimum of approximately 3 pole line miles or approximately 200
detached dwelling units within contiguous or closelyproximate geographic areas (the "Conversion Area"). The
Conversion may be completed in mutually agreed upon pleases, with the project size minimums applying to the
aggregate project — provided that any necessary subsequent phase begins within a 1 year period from
completion of the prior pbase and the minimums are met within, at most, 3 phases; and
b. The Local Government Applicant must require all customers within the Conversion .Area who currently have
overhead service directly from the Existing Overhead Facilities to convert their service entrances to
underground within 6 months of completion of the Underground Facilities installation or each phase thereof;
and
c. The Local Government Applicant must be willing and able to execute a right of way ("ROW") agreement with
FPL if the Local Government Applicant requests that facilities be placed in the ROW; and
d. For any affected laterals, the complete lateral must be converted, including all stages of any multi -stage lateral;
and
e. The Local Government Applicant must demonstrate to the reasonable satisfaction of FPL that the sum of the
GAF Waiver credit plus any federal or state funds that the Local Government Applicant is able to use to support
the Conversion does not exceed the otherwise applicable CiAC as calculated before application of the GAF
Waiver.
Special Circumstances. Conversions which do not meet the project size minimums described in section La are
eligible for the GAF Waiver in the following special circumstances:
i. 100% of the Existing Overhead Facilities within the Local Government Applicant's corporate limits
are to be converted, but are less than the pole line mileage or dwelling unit minimums; or
ii. A single lateral that serves at least one Critical Infrastructure Facility as determined by the
appropriate local agency with the mutual agreement of FPL; or
iii. An island or peninsula where 100% of the Existing Overhead Facilities are to be converted; or
(Continued on Sheet No. 9.726)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: April 6, 2010
Fifth Revised Sheet No. 9.726
FLORIDA POWER & LIGITT COMPANY Cancels Fourth Revised Sheet No. 9.726
(Continued from Sheet No. 9.725)
iv. When the aggregate size of the first 3 phases of a project would satisfy the minimum size criteria but,
for mutually -agreed engineering or logistical reasons, those phases are non-contiguous; provided that
(a) the next (4) phase must be adjacent to one or more of the first 3 phases such that the combined
contiguous area meets the minimum size criteria, and (b) this 4ie phase begins within 1 year from
completion of the 3rd phase.
2. Contribution -in -Aid -of -Construction (CIRC). The Local Government Applicant shall pay FPL a CIAC as
required by FPL's Electric Tariff and Section 25-6.115 of the Florida Administrative Code with the Otherwise
Applicable CIRC amount reduced by the GAF Waiver.
i. Otherwise Applicable CIRC $— 1,394,030 _
ii. GAF Waiver $ 823,633 _
iii. CIACDuc 5i 570.397 (Cost Performs ALL UG Work)
In the event the actual cost of the Conversion exceeds the estimate, the Otherwise Applicable CIRC shall be
adjusted by the lesser of (a) the difference between the actual cost of the Conversion and the estimate, or (b) 10%
of the Otherwise Applicable CIAC identified above. The GAF Waiver shall also be adjusted accordingly and the
Local Government Applicant shall pay FPL the resulting difference in the amount of the CIRC Due.
3. Applicant -Installed Facilities. The Local Government Applicant may, upon entering into an applicant -
installed facilities agreement satisfactory to FPL, construct and install all or a portion of the Underground
Facilities. Such work must meet FPVs construction standards and FPL will own and maintain the completed
facilities. The Local Government Applicant agrees to rectify any deficiencies, found by FPL, prior to the
connection of any customers to the Underground Facilities and the removal of the Existing Overhead Facilities.
4. Compliance with Tariff. The Local Government Applicant agrees to comply with and abide by the requirements,
terms, and conditions ofFPVs Electric Tariff. '
5. Timing of Conversion. Upon compliance by the Local Government Applicant with the requirements, terms, and
conditions of FPVs Electric Tariff, this Agreement and any other applicable agreements, FPL will proceed in a
timely manner with the Conversion in accordance with the construction drawings and specifications set forth in
Attachment A hereof.
6. Relocation. In the event that the Underground Facilities are part of, or are for the purposes of, relocation, then this
Agreement shall be an addendum to the relocation agreement between FPL and the Local Government Applicant.
In the event of any conflict between the relocation agreement and this Agreement or the Electric Tariff, this
Agreement and the Electric Tariff shall control.
7. Term. This Agreement shall remain in effect for as long as FPL or any successor or assign owns or operates the
Underground Facilities.
8. GAF Waiver Repayment. If the Local Government Applicant does not satisfy the relevant eligibility criteria, the
Lam] Government Applicant shall repay the GAF Waiver within 30 days of written notice from FPL of such
More. Additionally, if at any point within 30 years of completion of the Underground Facilities installation, the
Local Government Applicant elects to have electric service within the Conversion Area supplied by a provider
other than FPL, the Local Government Applicant shall repay FPL a pro -rata share of the GAF Waiver. The pro-
rate share (which shall reflect partial years) shall be determined as follows:
GAF Waiver * [(30 — years since the Underground Facilities completion date) / 30]
(Continued on Sheet No. 9.727)
Lssued by: J. E. Romig, Director, Rates and Tariffs
Effective: Apri14, 2006
FLORIDA POWER & LIGHT COMPANY
(Continued fi am Sheet No 9.726)
Sheet No. 9.727
9 Termination Prior to the Conversion Completion. Failure by the Local Government Applicant to comply %villi
any of the requirements, terms, or conditions of this Agreement or FPL's Electric Tariff shall result in termination of
Oris Agreement The Local Government Applicant may terminate this Agreement at anytime prior to the start of the
Conversion and the CIRC paid by die Local Government Applicant will be refunded to the Local Government
Applicant; provided howevet, that tile refund of the CIAC shall be offset by any costs incurred by FPL in performing
under the Agreement tip to die date of termination
10. Assignment. The Local Government Applicant shall not assign this Agreement without die written consent of FPL
H. Adoption mrd Recording. This Agreement shall be adopted by die Local Government Applicant and maintained in
lire official records of the Local Government Applicant for die duration of the term of this Agreement Tills
Agreement also shall be recorded in the Official Records of die County in which die Undergiound Facilities are
located, in the place and in the manner in which deeds are typically tecoded
12. Conflict between Terms of Franchise Agreement. In lite event of a conflict between die terms of this Agreement
and any permit or franchise agreement entered into by Local Government Applicant and FPL, the terms of this
Agreement shall control.
IN WITNESS WHEREOF, FPL and the Local Government Applicant have executed this Agreement on the date first set
forth above.
TOWN OF GULF STREAM
Signed a
Name RDREar W. G;W& (L
Title NICU 144CAV t,/
Approved as to Terms and CCa�anddiiIt/a&----/D
SigneddCJl�,vi ;^
Name r(lray. •t✓l��r�
Title Y
Approved as toformjuid LWJa ufficiency
OW.L )V'T$Pn
Issued by: S. C. Romig, Director, Rates and Tariffs
Effective: Aori14.2D06
FLORIDA POWER & LIGHT COMPANY
Signed_
Name Titidwtor rt((ai�
Title G rM CM L & noel
i
Overhead to Underground Conversion - Customer Cost Sheet
Project: Town of Gulf Stream - Phase #2 Date Estimate Provided to Customer: January 8, 2016
Customer Performs Some Work -All Underground Work
Underground Cost
New UG Installation (+) $1,861,633 Cost for FPL to Install new underground facilities
Equivalent OH Installation (-) ($990,922) Cost to Install an overhead system at current hardening standards
Existing Overhead Cost
OH Removal Cost (+)
$488,405
Cost for FPL to remove existing overhead facilities
Existing OH.Vaiue (+)
$34,914
Net Book Value of existing OH facilities to be removed
Salvage Value (-)
$0
Credit for re -usable Items
Subtotal"
$1,394,030
Total customer contribution as specified In Tadff 12.2.3
GAF
($923,633)
($413,919)
CIAC•
$670,397
$419,488
Engineering Deposit (-)
_ ($22,375)
Engineering deposit previously collected
Net Due FPL•
$548,022
Total customer contribution owed
New UG Facilities (+)
Credit for equivalent OH (-)
OH Removal Cost (+)
Total
Net Book Value (+)
Salvage Value (-)
Subtotal"
GAF
CIAC•
Engineering Deposit (-)
Net Due FPL'
Cost Breakdowns for Customer Contributions
Total
LaborfVehicle
Material
Direct Engineering,
Install 7
UG Switch Cabinet (VISTA)
101
Supervision, and Support
$1,861,633
$0
$1,381,918
$479,715
($990,922)
($431,251)
($413,919)
($145,752)
_ $488,405
$419,488
$10.175
558.747
$34,914
$0
$1,394,030
($823,633)
$570,397
($22,375) Engineering deposit previously collected
$548,022
Major Material Breakdown
Quantity
Item
106,965
Primary UG Cable (feet)
Install 7
UG Switch Cabinet (VISTA)
101
UG Transformer (each)
1
Splice box for UG feeder (each)
44,451 OH Primary Conductor (feet)
Remove 157 Poles (each)
100 OH Transformer (each)
2,614 Primary UG Cable (feet)
a1
FPL.
PAYMENT COUPON
/4115006400436800013879180008484680054802200
4,11,1600,040043,0800010070,1000000840,0,0054802200
Please mall this portion vAth your check
1800089040 1 of 1
TOWN OF GULF STREAM
100 SEA ROAD
GULF STREAM FL 33483
Flarlda Pourer& 1rohtComp4ny
Invoice
customer Name end Address
TOWN OF GULF STREAM
100 SEA ROAD
GULF STREAM FL 33483
Cust. Na :6800043879 Inv. No.:1800089846
This Month's Clarges
Amount Due
Past Due Atter
This Invoice
Total Amount Due $648,022.00
Tills Monlles Charges Pas[ Due After
$ 548,022.00
Make dwckpayable (a FPL In Mard manpaynlane loaddress below
FPL
General Mail Family
Mlaml FL 30198.0001
FederalTair ld1t: 59-0247776
Customer Number: 0000013879
Invoice Number: 1800009046
Invoice DAto: 07/20/2018
4,i,tco9,Bbaoac,se9c91se7e,1000c00e4e,n,0a64ao2z0o
Please retain this parboil for your records
CURRENT CHARGES AND CREDITS
Customer No; 6000013879 InV01ce No:1800089846
Description
Amount
OHNG CONVERSION PROJECT - GS - PHASEil2 WR64618489
648,022.00
For Inquiries Contact:
JOHN LEER 581-848-4024
Total Amount Due $648,022.00
Tills Monlles Charges Pas[ Due After
Message
OI•IIUG CONVERSION PROJECT- GULF STREAM PHASEB2 - FPL WRN4618489
1800089840 1 of d
TOWN OF GULF STREAM 5049
UNDERGROUND PROJECT PAYMENT FUND b
100 SEA RD
GULF STREAM, FL 33483-7427
DATE July 13, 2015 63-215.63
PAY 1
TO THE Power_ & Light Company
I$ 548,022.00
five hundred fortyeight thousand twentVtWo &00/100 8
DOLLARS
ot
PhaseSuNfxusr II
////,J r t HCl
FOR (✓�-c (Z4 '�
n'0❑005049n' 1:0631021521:100016000 18 411,
ATT CONTRACT
at&t
12/09/2013
Town of Gulf Stream
100 Sea Road
Gulf stream, F133483
RE: Gulf Stream underground:
AT&T has received a request from you (or your company) to perform the following work:
<Work to be done to place existing aerial AT&T facilities underground in the town of Gulf Stream
Special construction charges apply. Engineering and Construction will not begin until the attached
contract is signed by you or your authorized agent. Upon signing the contract, please send the original
signed contract and your advance payment for the amount Indicated In paragraph two in the contract.
This quote is only valid for 60 days from the date of this letter. IFI can be of further assistance,
please do not hesitate to contact me at 561-988-6506
Sincerely,
George Thomas
561-988-6506
ATT Southeast
l
C4�
Project # 8687379
Job Authority # 3EB37006B
NOTE: Please associate the Project # above with the check or other form of payment.
Return the oriainai signed contract and payment to.
AT&T CWO Coordinator
3535 Colonnade Parkway
Room North W3D
Attention: Sandy Tribble
Birmingham, AL 35243
at&t
SPECIAL CONSTRUCTION AGREEMENT
Project #: 8687379
Authority: 3EB37006B
AT&T:Contact: George Thomas
Telephone #: 561-988-6506
Customer Name: Town of Gulf Stream
Customer Number: 561-307-9454
Work Site Address: State Rd At A
This Special Construction Agreement ("Agreement") is entered into by and between BellSouth
Telecommunications, LLC. d/b/a AT&T Southeast ("AT&T") and Town of Gulf Stream ("Customer").
AT&T and Customer hereby agree to the following terms and conditions:
1. Tariffs/Guidebooks. This Agreement is subject to and controlled by the provisions of AT&T's
tariffs/guidebooks as applicable and all such revisions to said documents as may be made from time to
time.
2. Special Construction. This Agreement is for the special construction as further described
on Exhibit 1, attached hereto and incorporated herein by this reference ("Special
Construction"). As consideration for the Special Construction, Customer shall pay to AT&T
$136,450.38 ("Special Construction Charges"). Payment in full is required before the
special construction will begin. Payment shall be made by mail to AT&T's offices at 3535
Colonnade Parkway, Room North W3D, Birmingham, AL 35243, or to such other address as
AT&T may designate, in writing.
3. Early Termination. Should Customer terminate or cancel this Agreement prior to the
completion of construction, Customer shall remain liable for the Special Construction
Charges. Customer acknowledges and agrees AT&T shall incur substantial up -front costs In
connection with its performance under this Agreement and that damages in the event of such
early termination or cancellation are not readily ascertainable and that in such event of early
termination payment of the Special Construction Charges is reasonable. Customer further
acknowledges and agrees that it hereby waives any right to contest such payment of the
Special Construction Charges for any reason, including, but not limited to reasonableness of
the charges, quality of the work, or timeliness of the work.
4. Limitation of Liability. AT&T's maximum liability arising in, out of or in any way connected to
this Agreement shall be as set forth in the tariffs and/or guidebooks, if an as may be
applicable, and In no event shall exceed Special Construction Charges paid by Customer to
AT&T.
5. Severability. Any provision of this Agreement held by a court of competent jurisdiction to be
invalid or unenforceable shall not impair or invalidate the remainder of this Agreement and the
effect thereof shall be confined to the provision so held to be invalid or unenforceable.
6. Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of
the parties and their respective successors and assigns.
7. Counterparts. This Agreement may be executed in one or more counterparts, each of which
when so executed shall be deemed to be an original, but all of which when taken together
shall constitute one and the same instrument.
e. Effect of Waiver. No consent or waiver, express or implied shall be deemed a consent to or
waiver of any other breach of the same or any other covenant, condition or duty.
at&t
9. Headings. The headings, captions, and arrangements used in this Agreement are for
convenience only and shall not affect the interpretation of this Agreement.
10. Modification. This Agreement constitutes the entire agreement between the parties and can
only be changed in a writing or writings executed by both of the parties. Each of the parties
forever waives all right to assert that this Agreement was the result of a mistake in law or fact
11. Interpretation. The parties agree that this Agreement shall not be interpreted in favor or
against either any party. The parties further agree that they entered Into this Agreement after
conferring with legal counsel, or after having a reasonable opportunity to confer with legal
counsel.
12. Applicable Law. This Agreement shall be governed and interpreted in accordance with the
laws of the State of _Florida without regard to _Florida s conflict of law
principles.
13. Attorneys' fees. If either party materially breaches this Agreement and should the non -
breaching party seek to enforce it rights through legal action, the prevailing party shall recover
from the other party all costs and expenses incurred, including, but not limited to, reasonable
attorneys' fees.
14. Author , The signatories to this Agreement represent and warrant that they are duly
authorized to execute this Agreement.
15. No Precedent Except for the matters resolved and released herein, this Agreement is of no
value and shall not be considered precedent for resolving any dispute that may arise in the
future.
16. Final Agreement. THIS AGREEMENT REPRESENTS THE ENTIRE AND FINAL
EXPRESSION OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF.
THIS AGREEMENT MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES;
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. NO
MODIFICATION, RESCISSION, WAIVER, RELEASE OR AMENDMENT OF ANY
PROVISION OF THIS AGREEMENT SHALL BE MADE, EXCEPT BY A WRITTEN
AGREEMENT SIGNED BY BOTH PARTIES.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized representative on the dates set forth below. This quote is only valid for 60 days
from the date of this letter.
CUSTOMER
By Joan K. Orthwein
Panted Name
By
Authorized Signature
Title Mayor
Date i;t-/ 14 13
AT&T Southeast
By
George Thomas
Printed Name
By
Authorized Signature
Title
Mngr-OSP dsgn
Date
I O IO q f 201 �j
aw
EXHIBIT 1
DESCRIPTION OF SPECIAL CONSTRUCTION
The customer to provide all necessary conduits and handholes.
AT&T to place cables underground utilizing the conduits and handholes , do the necessary
splicing of all fiber and copper cables.Cutover all working circuits from the existing aerial facilities
to the newly constricted underground facilities.Remove aerial facilities upon completion. The final
bill reflects the total cost for the job less the initial $25,000.00 paid by customer.
0
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COMCAST CONTRACT
v
r►�
INVOICE
CAST 30435 Ironwood Road
LCustom.rInformation:
SFR
Palm Beach Gardens Fl. 33410 Attn:
Construction Dept.
Name: Brannon & Gillespie
Contact: Denny P. Brannon
Job Title: Consulting Engineers
DATE: 6-10-13
Addmss:!798 West Forest }till Blvd Ste Il
City St Zip: Wellington FI 33414.4704
Project No.
D
Phone: 561 795-0833
Fee:
Description : The Town of Gotfstrean Aerial to Underground
QOAnnTY C[FAI PARTI DCBCMPTIne:
I UMTPMCE I
AMOUNT
MATERIALS
$11,512.65
LABOR
$
81,431.44
Any Questions? Contact: Anthony Springeteel 772.321-3425
SUBTOTAL $
92,944.09
WPB Construction Supervisor
TAX on materials
$748.32
Make eh p able to: COM
Admin. Fees
12,214.72
104 on ea Garde", M 334 0 (attn: Construction Dept(
TOTAL 8
106,907.12
Az
v
DIM
Recommended for Payment: Digitally signed by Danny Brannon
by: Danny Brannon Date: 2014.12.1013:15:52-05'00'
►G,
INVOICE
10435 Ironwood Road SFR
COMCAST
Palm Beach Gardens Fl. 33410 Attn:
Construction Dept.
Customer information:
Name: Brannon & Gillespie
Contact: Danny P. Brannon
Job Title: Consulting Engineers
DATE: 5.10.13
Address: 2798 West Forest hill Bivd Ste 1I
City St Zip: Wellington FI 33,114-4704
Project No.
0
Phone: 561-795-0833
Fax
Description : The Town of Golfstrean Aerial to Underground
QDARnSY CIFAX PARI! Da9CRIPIIDR:
URIT PAICB
ANOVNT
MATERIALS
$11,512.65
LABOR
$
81,431.44
Any Questions? Contact: Anthony 8pringsteel 772.321.3425
SUBTOTAL $
92,944.09
WPB Construction Supervisor
TATS an materials
$748.32
Make she p able to: COM
Admin. Fees
12,214.72
104 on as Gardens, FI 33410 (attm Construction Dept)
TOTAL 4
105,907.12
DIM
Recommended for Payment: Digitally signed by Danny Brannon
by: Danny Brannon Date: 2014.12.1013:15:52-05'00'
TOWN OF GULF STREAM
UNDERGROUND PROJECT PAYMENT FUND
100 SEA RD
GULF STREAM, FL 33483-7427
PAY
TO THE
OflOEROF Comcast _
DATE Dec. 11, 2014
5035
63.215-631
$:105,158.80
one hundred five thousand one h+ndr d f' _eight s Rn/inn---- DOLLARS f
L,T
FOR Proi 0_ -Inv SFR 7.
' n'00�05035u' i:063i�2b52i:L000i60�73184n'
WILLDAN CONTRACT
AGREEMENT
THIS AGREEMENT is made this , y i day of , 2010, by
and between the Town of Gulf Stream, a municipal corporation of the State of Florida
and Wildan Financial Services.
WITNESSETH:
WHEREAS, the Town of Gulf Stream seeks to obtain services to perform an
assessment methodology for financing an overhead utility undergrounding project; and
WHEREAS, the Town of Jupiter Inlet Colony has previously conducted a
Request for Proposal for such services; and
WHEREAS, the Town of Gulf Stream wishes to "piggyback" on the agreement
entered into between the Town of Jupiter Inlet Colony and Wildan Financial Services,
under Town of Jupiter Inlet Colony RFP No. 2010-02, a copy of which is attached
hereto.
NOW, THEREFORE, the parties agree as follows:
Section 1. The recitals stated above are affirmed and hereby incorporated in
this Agreement.
Section 2. The Town of Gulf Stream agrees to use the services of Wildan
Financial Services to perform an assessment methodology for financing an overhead
utility undergrounding project for the Town of Gulf Stream under the same terms and
conditions and for the same prices as set forth in RFP No. 2010-02 of the Town of
Jupiter Inlet Colony, a copy of which is attached hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year written above.
Signed, sealed and delivered in the
presence of:
Witness- —`
Witness
TOWN OF GULF STREAM
By
Its Mayor
P:\DOCS113147\00001\DOC\1709053 DOC
WILLDAN
,., _ financial Services
Title Page
POP N®o 2010-02
overhead Utility underrgrrounding
progee,L Financing. L ssessrrvtien2
M e�hod®gogy
Willdan Financial Services
7380 Sand Lake Road, Suite 500
Orlando, Florida 32819
Tel #: (407) 352-3958
Fax #: (888) 326.6864
Contact Person:
Lee Evett, Vice President
7380 Sand Lake Road, Suite 500
Orlando, Florida 32819
Tel #: (407) 352-3958
Fax*. (888) 326.6864
RFP No 2010-02: Overhead Utility Undergrounding Project Financing
WILLDAN
i Financial services
Table
rib Contents
TITLEPAGE...........................................................................................I
TABLE OF CONTENTS........................................................................II
TRANSMITTAL LETTER......................................................................III
APPROACH TO THE PROPOSED SERVICES....................................1
ProjectUnderstanding................................................................................................1
Overall Approach and Method of Assessment.........................................................3
Town Commission Involvement.................................................................................4
Town Staff Involvement...............................................................................................4
CurrentWork Load......................................................................................................5
Methodology.................................................................................................................5
Feesand Charges........................................................................................................6
PAST EXPERIENCE.............................................................................7
ClientReferences.........................................................................................................7
OPERATIONAL INFORMATION...........................................................9
Hoursof Operation......................................................................................................9
Proposed Staffing Levels & Resumes.......................................................................9
COST DETAIL.....................................................................................13
AdditionalServices....................................................................................................13
APPENDIX......................................................................................... A-1
RequestedTown Forms..........................................................................................A-1
it
RFP No. 2010-02: Overhead Utility Undergrounding Project Financing
WILLDAN
d_J . Flnanclel Servkes
Transmittal Letter
March 2, 2010
Joann Manganielio, Town Administrator
1 Colony Road
Jupiter Inlet Colony, Florida 33469
Re: Overhead Utility Underground Project Financing: Assessment Methodology, RFP No.
2010-02
Dear Ms Manganiello:
Willdan Financial Services ("Willdan") is pleased to submit our proposal in response to Request for
Proposal (RFP) No. 2010-02. We believe our project team is the most experienced, capable and
qualified to undertake and successfully complete this project within the timeframe required. In support
of this we present the following:
Project Understanding — The Town of Jupiter Inlet Colony is requesting the development of a
technically defensible assessment methodology for the purpose of producing revenue to finance an
Overhead Utility Undergrounding Project Willdan understands that the assessments, collected using
the "Uniform Method", will be used to pay the annual debt service costs on special assessment
revenue bonds The methodology developed will be for the time period beginning with assessments
to be levied as of September 15, 2010. The methodology will be in the form of formulas by property
type, i.e. Single Family, Multi -Family and Commercial, with appropriate subsets. The formulas will
necessarily Include benefit variations that will become evident from the apportionment process We
also understand the Town may use FP&L MGRUF funding, which may be used to reduce
assessment funding accordingly.
Commitment to Perform— With this letter, Wilidan commits to perform all services as provided in
our proposal dated March 2, 2010 and within the fimeframes stipulated by statute and your RFP.
Why Wilidan — Simply put, Willdan is a highly experienced firm in the preparation of assessment
methodologies for overhead utility undergrounding. Interestingly, Wilidan is the only firm that has
developed a study of this type In the State of Florida We are experienced in assisting in the creation
of both Preliminary and final Official Statements for the Issuance of bonds, working with Bond
Counsel and testifying in Bond Validation Hearings. Willdan has the most experienced and
professional team to accomplish your goals pursuant to the RFP and the requirements of the Palm
Beach County Property Appraiser and Palm Beach County Tax Collector as well as stale statutes.
Wilidan Financial Services, a division of Willdan Group, Inc., is a financial and economic consulting
fine with a staff of over 60 professionals. Our clients include cities, counties, and special districts in
more than 35 states. Since June of 1988, the firm has served as an extension of our clients' staff,
augmenting existing personnel by providing specialized expertise.
Our proposal shall remain firm and valid for a period of ninety (90) days after the closing date of
March 3, 2010. As an officer of Willdan Financial Services, I have the authority to contractually bind
the firm.
Please feel free to contact Mr. Lee Evett, Vice President of Southeast Operations, to discuss any
aspect of this proposal or to arrange for an interview with our team. Mr. Evett can be reached at
(407) 352-3958 or via e-mail at Ieveftfclwilldan.com. Further, the project will be assigned to our
Orlando office, located at 7380 Sand Lake Road, Suite 500.
Sincerely,
�l�
Mark Risco, Senior Vice President
Engineering I Geolechniral I Environmental I Sustainab8ity I Financial I Homeland Sawrily -lit
407 352 3958 1 800 755 6864 1 faac 835 326 68114 1 7380 Sand Lake Road. Suits 500, Orlando, FL 32819 1 �.wilidan win
WILyLDAN
Approach to the Proposed
Services
Project Understanding
The Town of Jupiter inlet Colony seeks assessment methodology services for the
purpose of producing assessment revenue for the annual debt service of special
assessment revenue bond(s) issued to fund the cost of undergrounding utilities
Willdan is uniquely equipped to serve the Town for this Important engagement. Based
on our review of the Request for Proposals (RFP) and direct experience with the
development of assessment programs to fund utility undergrounding, we have
assembled the ideal project team to assist the Town with this Important engagement,
which Is exemplified by the following:
team has developed over 60% of these
• We have developed and implemented numerous utility undergrounding
assessment programs, often involving view enhancement and reliability
benefits. We will bring this experience to the Town of Jupiter Inlet Colony in
the form of a well thought-out, comprehensive and defensible assessment
methodology, employing proven concepts and approaches.
• Willdan is the only firm to have developed an Assessment Methodology in
the State of Florida specifically for the undergrounding of overhead utility
lines
• Proven success working with cities and towns in creating assessments to
fund the undergrounding of overhead utility, facilities. in California,
assessment programs not only need to be based on the special benefits
properties receive from the undergrounding of overhead utilities, the proposed
assessments must also be approved by the affected benefitting property
Much of our success was due to our experience meeting with citizen groups
and explaining technical methodological concepts and benefit rationale We
work closely with our clients, their professional staff and property owners to
develop a successful public outreach approach. Our understanding of the
education and outreach processes will provide the Town an effective
approach to this phase of the project, increasing the likelihood for the long-
term success of the assessment program.
• To serve the Town throughout this project, we have selected a group of senior
professionals who have recently worked on utility undergrounding
assessment programs. Mr. Lee Evett will serve as principal -in -charge and
serve as the Town's principal contact. Mr. Habib Isaac, will serve as project
manager, and Ms. Jennifer Carter will provide analytical support. This is the
1
RFP No 2010.02: Overhead Utility Undergrounding Project Financing
WILLDAN
Fnanclal Services
same team that served the Town of Palm Beach and completed their Utility
Undergrounding Assessment Program
Key Study Issues
Having carefully reviewed the Request for Proposal (RFP), we have identified four key
study issues, and developed a comprehensive and thoughtful approach to the project.
These key study Issues and the strategies Willdan will utilize to address them are
provided below.
Issue #1: Develop utility undergrounding assessment calculation formulas, by
property type.
assessment formulas that have the
universality of application. The formulas
must be applicable to any property
Drawing 6n our extensive assesemerit �
experience, Willdan will develop a
methodology that is fair, equitable and
flexible for the Town to utilize within any
area of the Town
Issue #2: Understand the need to develop assessment formulas that are
acceptable to the Town and property owners.
'°rte}-•!;"t'J.MW
New assessment retesheed to be
acceptable to the affected property
owners. Without citizen acceptance, the
funding methodology is lost
..ct I InoJ_l�}ii_
_ _.: -.
1Nilldan will inc_.orporate aur knowledge
gained from extensive public
presentations to develop assessment
formulas that are straightforward and
easily understood, as well as defensible
P and provide the revenue stream required
Issue #3: Develop assessment formulas that are technically defensible and
provide the funding stream necessary to provide debt service, for the present
and in the future, for special assessment revenue bonds.
tDUMJ7UT:,:,1
Florida laiv require5the assessmenf
apportionment of costs be fair,
reasonable and related to the special and
peculiar benefits property's receive
1,"3 J } �--J:(;
Willdan will Incorporate our knowledge
gained from the creation of multiple utility
undergrounding assessments to develop
a methodology based on the special and
peculiar benefits conferred on properties
that will fully fund and secure the
proposed bond issue.
2
RFP No 2010-02: Overhead Utility Undergrounding Project Financing
*(WILLDAN
Rntmclal Services
Issue #4: Communicate the Issues and educate the property owners with the
facts before they are asked to express their thoughts on the wisdom of funding
utility undergrounding projects through the imposition of non ad valorem
special assessments.
Assessment programs are not commonly
used by local government. The basic
principles of assessment programs must
I be conveyed to affected property owners.
transmitting specific elements of a
community outreach effort. The goal of
the outreach effort will be to educate .
property owners of proposed
assessment program, Including the
development and mailing of a Frequently
Asked Question (FAQ) Guide and/or
property owner workshop.
Overall Approach and Method of Assessment
The Town of Jupiter Inlet Colony seeks a qualified consultant to develop an
assessment methodology related to the undergrounding of overhead utility facilities.
The methodology developed will be transferable to any area of the Town and allow
flexibility for the Town to adjust the methodology to account for special considerations,
such as enhance aesthetics to certain properties of the Town as a result of the utility
undergrounding.
Willdan has formed numerous assessment programs related to utility
undergroundings for beach communities similar to the Town of Jupiter Inlet Colony,
Including the Town of Palm Beach in Florida and the California cities of Solana Beach,
Newport Beach, and Laguna Beach, as well as the City of Palm Desert. Our direct
experience with utility undergrounding projects provides us with a clear understanding
of the benefit factors to utilize for the proposed assessment program for the Town,
Please note that the defensibility tests for assessment programs in every state in
which we have developed assessment programs are based on the same foundation of
cost apportionment relative to special benefits received by affected properties
In developing an assessment program that is defensible, assessments must be
apportioned to special and peculiar benefits received by the assessed properties. in
the case of undergrounding utilities, all properties already receive or have access to
the distribution of electricity and other utilities, which is considered a general benefit.
However, the methods and means of distributing electricity and other utilities through
the undergrounding of utilities Is not considered a general benefit, but rather is a direct
and special benefit to the properties that access the undergrounded utilities.
3
RFP No. 2010-02: Overhead Utility Undergrounding Project Financing
WnLLDAN
The methodology Willdan develops will identify benefit factors that provide a special
and peculiar benefit to properties that have their utilities undergrounded. These
benefits usually include the following.
1) Improved safety as a result of the removal of overhead utility poles and lines,
which reduces the potential of hazardous conditions in the event of natural
disasters, such as, a hurricane.
2) Improved reliability from new upgraded utility lines, cables, and appurtenant
facilities installed in connection with the utility undergrounding. This will
provide a higher level of reliability of the utility services, and reduce exposure
to the elements that could cause potential damage and deterioration to the
facilities resulting in potential interruptions in utility services.
3) Improved overall neighborhood aesthetics by removing the overhead utilities,
which will eliminate an unusually heavy concentration of electric and
communication lines within the designated neighborhood.
These special benefit factors will be the basis of our methodology to determine the
degree of special and peculiar benefits conferred on different property types and
areas of the Town. In addition, although the proposed methodology will be developed
from a Town -wide perspective, these types of assessment programs require fieldwork
to be conducted to adequately assess the levels of benefit identified above and
develop a methodology that provides the flexibility to account for unique conditions for
certain areas or properties within the Town. In order to allow the Town flexibility with
the methodology, the model developed will Incorporate a complete parcel database
with formulas for each parcel in the Town. This model will be dynamic and allow the
Town to tum each of the benefits "on" or "off." As a result, assessments will be
assigned to properties in an equitable and reasonable manner that is defendable and
easily understood by property owners.
This type of assessment programs typically requires the need to conduct workshops
to effectively communicate the methodology to the property owners within the Town
who will ultimately be obligated to pay the assessments. We have worked closely with
cities and towns in facilitating workshops to educate their constituents and provide a
forum where residents are given the opportunity to express their thoughts and ask
questions
Town Commission Involvement
Throughout the Overhead Utility Undergrounding Project Financing engagement,
Wilidan anticipates the Town Commission's involvement to be minimal. A Final Draft
report will be presented in a workshop meeting, if requested, and the Town
Commission will need to accept the Final Report and incorporate the findings in the
Preliminary and Final Resolutions.
Town Staff Involvement
To assist the Wilidan Team, the Town of Jupiter Inlet Colony will need to provide the
following:
• Parcel data;
• GIS files, if available;
• Zoning maps, charts and other descriptive documents of the Town;
• Preparation of all Commission documents including internal memos, and staff
reports; and
• Provide feedback from the Town Commission and their professional staff.
4
RFP No. 2010-02: Overhead Utility Undergrounding Project Financing'
WILLDAN
Flnandal Sarvkes
Furthermore, Wilidan will rely on the validity and accuracy of the Town's data and
documentation to complete our analysis.
Current Work Load
Wilidan is sufficiently staffed to immediately assume this workload for the Town of
Jupiter Inlet Colony, Wilidan Financial Services currently employs over 60 individuals;
with more than sufficient resources remaining throughout the firm should they be
needed for assistance. Wilidan's current and anticipated workload will allow us to
perform the tasks identified in the Scope of Services subsection below.
Methodology
Below Is our proposed methodology, or scope of services, described in detail by task.
We want to ensure that the following is responsive to the Town of Jupiter Inlet
Colony's needs and speciliic local circumstances. We will work with the Town to revise
our proposed scope based on input prior to approval of a contract, and as needed
during the course of the project
Task 1: Kick-off Meeting
A. Attend initial kick-off meeting with Town staff to discuss procedures and
responsibilities and establish project objectives.
B. Assist Town staff in establishing a project schedule.
Task 2: Data Gathering
A. Gather information related to the project from the Town and the County.
Information will be gathered through meetings, correspondence, and follow-up
phone calls to ensure accuracy and completeness.
B. Conduct fieldwork throughout the Town to identify the relationship between the
overhead utilities and properties served.
C Prepare a detailed parcel database of the Town showing parcel numbers,
assessment number, lot area, assessed land and structure values, development
status, ownership, property address, mailing address, and any other information
necessary. The database will be used to determine each parcel's benefit to
calculate an assessment amount once a specific project area and cost estimate
is available. Provide the Town with an electronic file of this data.
Task 3: Methodology Report
A. Based on information previously gathered, prepare a preliminary assessment
methodology.
We will prepare an assessment roll and related computations from our
database including:
• Identifying the appropriate measurement factors on which to spread the
costs of undergrounding and assign factors to each parcel;
• Formula for each parcel to calculate an assessment;
• Computing the assessment for each parcel, which will automatically
populate once a project cost Is determined; and
• Determining the current property values based on current County records
This information may be used to determine the current value to lien ratio,
should such a calculation be desirable.
5
RFP No, 2010.02: Overhead Utility Undergrounding Project Flnancing
WILLDAN
XM
2 The assessment methodology will take into consideration the land use
designations of properties in the Town to determine the level of special benefit
received. The assessment methodology proposed will be designed to protect
the Town, as well as fairly assess properties in the Town.
B. Using a proposed project cost, present how the methodology developed will
spread the overall costs to each property and their assessment amount.
C. To ensure all considerations have been addressed, the methodology will be
discussed with the project team, and then finalized for the assessment
methodology report. The method will be devised to:
• Specifically address general benefit;
• The special benefit that each parcel receives, Including aesthetic benefits;
• The special and general benefit ascribed to public agency parcels (If
appropriate); and
• The effect, both financial and political, on the present homeowner or future
purchaser of the property.
Task 4: Report Preparation
A. Compile items from Task 2 and Task 3 Into the assessment methodology report
and submit five (5) copies for review and comment to Town staff. After
discussion with and incorporation of staff feedback, we will present the report to
the Town Commission and field any related questions.
The report will Include the following components:
• A description of the proposed public facilities to be funded;
• Benefit analysis;
• The method of assessment; and
• A catalog of assessment formulas, by property type with subsets.
Task 5: Meetings
A. Our scope includes attendance at the following meetings: one (1) meeting with
Town staff, one (1) workshop meeting to present the assessment methodology
and answer questions, and up to two (2) Town Commission meetings.
We will attend additional meetings at the Town's request for an additional fee.
R Throughout the methodology development, Wilidan will participate, as necessary,
in conference calls with the Town to facilitate in a timely manner the completion
of the assessment analysis and methodology report.
Fees and Charges
Please refer to the "Cost Detail" section, for a description of the fees and charges to
provide the services described above for the Town of Jupiter Inlet Colony's Overhead
Utility Undergrounding Project Financing: Assessment Methodology.
fi
RFP No. 2010-02: Overhead Utility Undergrounding Project Financing
Ylli(WILLDAN
Financial Services
-
Willdan has
Past Experience
Client References
developed more
op
As requested on page 18 of the Town's RFP, under the subheading "Past
than
Experience,' we have provided five referencesiproject descriptions for which similar
assessment
services were provided, Our project descriptions include the agency name, contact
methodologies.
name and title, address, telephone number, project duration, description of services
provided, and the contract amount Each project identified was completed In
accordance with the project schedule that was developed in concert with the
particular agency's staff.
City of Palm Beach, FL
Utility Undergrounding Assessment Program
On behalf of the City of Palm Beach, Willdan
Contact Information
completed the formation of a utility Relevance to Jupiter
Tom Bradford
undergrounding assessment program. The Inlet Colony:
Deputy Town Manager
program was developed to finance the removal Development of
360 South County Road
of all overhead utilities and their reinstallation in Assessment Methodology
Palm Beach, FL 33460
underground vaults and trenches. Unique to this Utility Undergrounding
(561) 838-5400
project is the voluntary nature of each district's Community Outreach and
boundaries, As a result, Willdan designed an Education
Project Duration
assessment matrix that is applicable throughout
March - October 2009
the community. Project tasks included the completion of on-site fieldwork to review the
location of the utilities relative to the properties to be assessed, development of the
Contract Amount
assessment methodology used to determine each parcel's assessment amount, and
549,550
development of the formula matrix Finally, we presented the program to the
Commission for adoption
City of Palm Desert, CA
Utility Undergrounding Assessment District
Willdan completed the formation of a utility
Contact Information
undergrounding assessment district for the City of Relevance to Jupiter
Patrick Conlon
Palm Desert The district was formed to finance inlet Colony:
Special Project Coordinator
the removal of all overhead utilities in a residential . Development of
73-510 Fred Waring Road
Palm Desert, CA 92260
neighborhood in the City, and their reinstallation in Assessment Methodology
(760) 346.0611 x386
underground vaults and trenches. Project tasks . Utility Undergrounding
Included the completion of the Engineer's Report, Community Outreach and
Project Duration
on-site fieldwork to review the location of the Education
2004— 2006
utilities relative to the properties to be assessed,
development of the assessment methodology that was used to determine each
Contract Amount
parcel's assessment amount, and completion of the property owner ballot
$119,887
proceedings. Moreover, we teamed with our Engineering Division to provide
administration bidding assistance and construction observation for the district.
Finally, we completed the tasks necessary to enroll the annual assessment charges
on the County Secured Property Tax Roll, and continue to perform this work on an
annual basis
7
RFP No 2010-02: Overhead Ulllity Undergrounding Project Financing
Contact Information
Joe Chiquete
Project Manager
505 Forest Avenue, 2atl Floor
Laguna Beach, CA 92651
(949)497-3311
Project Duration
July 2008 - September 2009
Contract Amount
S26.605
Contact Information
Dennis Coleman
Finance Director
635 South Highway 101
Solana Beach, CA 92075
(856) 720-2461
Project Duration
2004- 2008
Contract Amounts
$23,500 (District No 2005-1
Barbara/Granados)
321.500 (District No 2005-2
Pacific West Circle)
518,500 (District No.. 2008-1
Marsolan)
Contact Information
Nick Hopkins
Fire Chief
304 North West 2n° Street
Okeechobee, FL 34972
(863) 763-5544
Or
Kimberly Rodgers
Assistant Finance Director
(863) 763-9312
Project Duration
2007
Contract Amount
$41,000
VWILLDAN
Financial services
City of Laguna Beach, CA
Assessment District No. 08-1 (Summit Drive and Canyon
Acres Drive Utility Undergrounding)
Willdan assisted the City of Laguna Beach with
Relevance to Jupiter
the formation of an underground utility district in a
Inlet Colony:
developed area of the City The Willdan Team
prepared the assessment analysis and
Development of Assessment
Engineer's Report, assisted with the formation
Methodology
Utility Undergrounding
process, and coordinated the balloting of property
Community Outreach and
owners. The purpose of the district was to
Education
underground the overhead utilities. The proposed
district was not approved by the Laguna Beach
property owners by 59%
City of Solana Beach, CA
Utility Undergrounding Assessment Districts
For each of these three successful utility
undergrounding assessment districts, Willdan Relevance to Jupiter
completed assessment district formation
proceedings In compliance with the Stale of Inlet Colony:
California's 1913 Act and Proposition 218 Bonds • Development of Assessment
were issued for each district to fund the upfront Methodology
costs of construction.. Utility Undergrounding
• Community Outreach and
For these formations, the Willdan Team worked Education
closely with City staff and property owner groups
to conduct extensive fieldwork, and develop an assessment methodology that was
understood and supported by property owners The project team completed the
Engineer's Reports and other elements of the formation proceedings, including the
property owner balloting Finally, they completed the Notice of Assessment and
related tasks associated with the 30 -day cash collection period, and supported the
issuance of bonds by providing data to the consultants involved in the band sale.
County of Okeechobee, FL
Assessment Methodology Review and Update
Willdan prepared an Assessment Methodology
Update Study for the County, and assisted their
special legal counsel through the "Uniform
Method" assessment adoption process. The
County felt their previous study had failed to
capture all costs associated with the services
being provided Willdan conducted an exhaustive
analysis of eligible methodology components and
the property within the affected area and
developed a methodology, which resulted in an
additional $1.5 million annually for the County.
Relevance to Jupiter
Inlet Colony:
• With our experience, Willdan
succeeded In locating 1.5
million in new assessable
dollars each year.
• Willdan supported the
implementation and adoption
process, Including public
information.
• County -wide Assessment -
32,000 Parcels
8
RFP No 2010-02: Overhead Utility Undergrounding Project Financing
WWILLDAN
[,,,,,;i Financial Services
Operational Information
Hours of Operation
Pursuant to the Town's RFP, Willdan's hours of operation are 8 am to 5 pm, Monday
through Friday.
Proposed Staffing Levels & Resumes
Our management and supervision of the project team is very simple: staff every
position with experienced, capable personnel in sufficient numbers to deliver a
superior product, on time and on budget. With that philosophy in mind, we have
selected Mr. Lee Evett as our principal•in-charge. Mr. Evett will serve as the primary
representative to the Town during the proposal evaluation process, as well as
throughout the project
Mr. Habib Isaac, Senior Project Manager in the Financial Consulting Services group,
will serve as project manager for the Town's engagement. Mr. Isaac will organize
and direct all work tasks and review interim work products. He will ensure the project
Is completed on time and within budget.
Ms. Jennifer Carter, Senior Analyst, will provide analytical support to this project.
She will work closely with Mr. Isaac and Town staff to develop a complete and
accurate assessment methodology that fits the Town's needs. Ms. Carter will ensure
that all the data is collected, interpreted, researched, and entered correctly.
Resumes for the team of professionals identified above follow for your review. The
Wilidan Team will not require the use of a subconsultant in order to complete the
Town of Jupiter Inlet Colony's overhead utility undergrounding assessment
methodology project.
B
RFP No. 2010.02: Overhead Utility Undergmunding Project Financing
Education
Masters in Public
Administration, Indiana
University
Bachelor of Arts, Purdue
University
Areas of Expertise
Assessment Methodology
Studies
Development Impact Fee
Analysis
Assessment Districts
Cost Allocation Plans
Cost or Services (User Fees)
Analysis
Management Analysis
Public Services Funding
Utility Revenue Analysis
Utility Rate Design
Affiliations
International City/County
Management Association
State Management
Associations In Pennsylvania,
Florida, Missouri, Colorado
and California
Florida Fire Chiefs
Association
Florida GFOA, Associate
Member
Florida City/Counly
Management Association
37 Years Experience
WILILDAN
Lee Eveft
Principal -in -charge
Lee Evett, Vice President, is the lead consultant in Willdan's Orlando office Mr Evett
will serve as the principal -in -charge for the Town of Jupiter Inlet Colony's
engagement. He has been specifically selected for this role because of extensive
management history in the Slate of Florida, as well as his history of assessment
methodology development.
Currently, he is responsible for assessment methodology studies, impact fee studies,
economic consulting studies, local improvement district implementation, arbitrage
rebate calculations, municipal disclosure, and district administration services for
agencies throughout the Southeastern United States
Mr. Evett comes to Wilidan with more than 34 years of public experience as a City
Manager with extensive experience managing cities in five states. He is well versed In
every facet of municipal operations Including assessments, annexations, major capital
improvement projects funded with various types of bonded indebtedness including
assessment revenue, utility acquisition and operations, capital and operational
budgeting and growth management planning
Assessment Methodology Experience
• City of Palm Beach, FL: Utility Undergrounding Assessment Program
• City of North Port, FL: Assessment Methodology Study
• Okeechobee County, FL: Assessment Methodology Review and Update
■ Lake Wales, FL: Development of Assessment Program Methodology
Management Experience
• City of Pueblo, CO: City Manager/Chief Executive Officer
Town of Jupiter, FL: Town Manager/Chief Administrative Officer
• City of Clayton, MO: City Manager/Chief Executive Officer / Chief
Administrative Officer
• City of Cape Coral, FL: City Manager/Chief Administrafive Officer
10
RFP No. 2010-02: Overhead Utility Undergrounding Project Financing
Education
Bachelor of Science,
Appried Mathematics with
Emphasis in
Computational Science,
San Diego State
University
Areas of Expertise
Assessment District
Formations
Benefit Assessment
Analyses
Formation of Community
Facility Districts
Reassessment Reports
Publications
-Cryptography with
Cycling Chaos,"Physics
Letter A, V303;
Pages 345-351(2002)
7 Years Experience
LWW/-� Financial
Habib usaac
Project Manager
Mr. Habib Isaac, a Senior Project Manager in the Financial Consulting Services group,
will serve as project Manager for the Town of Jupiter Inlet Colony's engagement Mr
Isaac has been selected for this role due to his extensive experience with the
preparation of assessment methodology reports, as well as the implementation of
various assessments. He also possesses a thorough knowledge of the special benefit
provisions of California and Florida Law and has facilitated the successful completion
of numerous assessment programs.
Mr Isaac specializes in special district formations, which includes the development of
assessment programs, fiscal impact reports, feasibility studies, Community Facilities
Districts (CFDs), and fire suppression assessments Mr. Isaacs primary emphasis is
the development of assessment methodologies for all types of assessment programs
Similar Project Experience
City of Solana Beach, CA — Barbara-Granados Utility Undergrounding and
Pacific West Circle Utility Undergrounding ($2.1M Bond Issue): For each of these
undergrounding assessment districts, Willdan completed assessment district
formation proceedings In compliance with the Slate of California's 1913 Act and
Proposition 218. Bonds were issued for each district under the authority of the 1915
Act. For these formations, Mr. Isaac worked closely with City staff and property owner
groups to conduct extensive fieldwork and developed an assessment methodology
that was understood and supported by property owners, resulting in over 67%
approval for both districts. The project team completed the Engineer's Reports and
other elements of the formation proceedings, including the balloting.
City of Cathedral City, CA — Cathedral City Cove Improvement District No. 2004-
02: Mr. Isaac served as project manager for this $39 million sewer and street
improvement project, encompassing over 1,500 existing homes and businesses. He
coordinated the activities of engineers and financial analysts at Willdan, and
coordinated with the City's outreach consultant and a mailing house to complete the
necessary outreach efforts and mailing of ballot materials to properties in the district,
The project stretched over 18 months, and included over 15 meetings with City staff
and other consultants to coordinate phases and tasks for the project
City of Palm Desert, CA—Assessment District 2004.02 (Section 29) ($29AM
Bond Issue): As project manager, Mr. Isaac was responsible for the formation of an
assessment district to fund infrastructure improvements, which include storm drain f
flood control Improvements, a four acre detention basin, streets, and sewers. He
developed an assessment methodology which accounted for various property types
ranging from multl-family units to industrial properties to big box commercial. In
addition, Mr Isaac was responsible for determining the benefit nexus based an types
of properties within the district and their relationship to the improvements. Assessment
proceedings incorporated numerous meetings with City staff and stakeholders prior to
finalizing the Engineer's Report.
In addition, Mr. Isaac formed an overlapping benefit assessment district to fund the
ongoing annual maintenance of the four acre detention basin constructed through
Assessment District 2004-02.
RFP No 2010-02: Overhead Utility Undergrounding Project Financing 11
Education
Bachelor of Science,
Criminology, University of
La Verne, California
UCLA Extension -
Fundamentais of Land -Based
Financing. Assessment
Districts and Mello -Roos
Districts
Areas of Expertise
Special District Formations
and Annexations
Assessment Methodologies
Geographic Informagon
Systems Analysis
Database Creation and
Analysis
Assessment Diagrams via
Computer Aided Design
Parcel Identification and
Ownership Verification
Rale and Method of
Apportionment
Balloting Processes
Seminars
Callfom/a Debt and
Investment Advisory
Commission
5 Years Experience
;WILLDAN
LY ":,� F.nenolal Services
JennffGrr Ccajri e'ff
Analytical Support
Ms. Jennifer Carter will also serve as a support analyst for the Town's engagement
Currently, Ms. Carter is a Senior Analyst within the Financial Consulting Services
group. Her responsibilities include coordinating and conducting activities involved with
all aspects of the formation and annexation processes of special districts.
Ms. Carter is also responsible for projects involving the use of geographic information
systems technology, as well as the creation of assessment diagrams and boundary
maps via computer aided design. Ms. Carter joined Willdan Financial in May 2005.
Related Experience
Utility Undergrounding Assessment Districts
City of Newport Beach, CA: Assessment District No. 101
City of Palm Desert, CA: Highlands Utility Undergrounding Assessment District No.
04.01
City of Solana Beach, CA: Barbara-Granados Utility Undergrounding Assessment
District No, 2005-1 and Pacific Utility Undergrounding Assessment District No. 2005-2
Fire Protection Assessment
City of Lake Wales, FL: Development of Assessment Program Methodology
Fire Suppression Assessment Districts
Belmont Fire Protection District, CA: Fire Suppression Assessment
City of San Carlos, CA: Fire Suppression Assessment
Salida Fire Protection District, CA: Fire Suppression Assessment
12
RFP No 2010-02: Overhead Utility Undergrounding Project Financing
--V-
'0WILyDAN 1
Cost Detail
The Willdan Project Team will perform the services described in our proposal,
Including expenses, for the fixed price fee of $29,850.
Additional Services
Additional services may be authorized by the Town and will be billed at our then -
current hourly overhead consulting rates. Our current hourly rates are:
WilldAiTTinancial:SeN
1-161LftfRate Schedule
Position
Hourly Rate
Vice President
$210
Pdnclpal Consultant
$200
Attorney
$200
Senior Project Manager
$165
Project Manager
$145
Senior Project Analyst
$130
Senior Analyst
$120
Analyst
$100
Analyst Assistant
$75
Property Owner Services Representative
$55
Support Staff
$50
13
RFP No 2010-02: Overhead Utility Underground Project Financing
VWILLDAN
r :, ,: Finencial5erviaes
Appendix
Requested Town Forms
As requested in the RFP, the following forms are included on the pages that follow.
• Proposal Page
• Proposer's Qualifications
• List of Current & Pertinent Professional References
• Drug -Free Work Place Certification
• Joint Bidding, Cooperative Purchasing Form
• List of Proposed Subcontractors
A-1
RFP No 2010-02: Overhead Utility Underground Project Financing
TOWN OF JUPITER INLET COLONY
RFP NO. 2010-02
Overhead Utility Undergrounding Project Financing: Assessment Methodology
PROPOSALPAGE
Acknowledgement is hereby made of the following Addenda received since issuance of this
Request for Proposals: t711dan Financial Services did not receive addenda related to
RFP No. 2010-02.
Addendum No.
Dated:
Addendum No.
Dated:
Addendum No.
Dated:
Addendum No.
Dated:
Addendum No.
Dated:
Addendum No.
Dated:
The hereby undersigned representative submits thi Proposal and certifies that he or she is an
authorized representative of the Props f -v6110 m t1g ally bin a4imposer.
*SIGNATURE:
Name: Mark Risco Title: Senior Vice President
Printed
Company: Willdan Financial Services Address: 27368 Via Industria, Suite 110
Legally registered name
City: Temecula State: Calitomia Zip: 92590
Telephone No: (800)755-6864 Fax No: (888) 326-6B64
*Failure to affix signature will result in disqualification of Proposal.
Name of Contact Person: Lee Evett, Vice President
Address: 7380 Sand Lake Road, Suite 500, Orlando, Florida 32819
Phone Number. (407) 352-3958 Fax Number: (888) 326 6864
E-mail Address: levett(c)willdan.com
RFP No. 2010-02 — Overhead U011ly Undergrounding Project Financing: Assessment Methodology Page 21
TOWN OF JUPITER INLET COLONY
RFP NO. 2010-02
Overhead Utility Undergrounding Project Financing: Assessment Methodology
PROPOSER'S QUALIFICATIONS
The Vendor, as a result of this Proposal, MUST hold a County and/or Municipal Contractor's Occupational license
In the area of their fixed business location. Each Proposer MUST complete the following Information and submit
with their Proposal In order to be considered:
1. Legal Name and Address:
Name: WIldan Financial Services
Address: 7380 Sand Lake Road, Suite 500
City, State, ZJp: Orlando, Florida 32819 Phone/Fax: T#: (407)352-3958/F#: (888) 326.6864
2 Check One: Corporation (X ) LLC ( ) Partnership ( ) Individual ( ) Other ( )
3. If Corporation, LLC, or other registered business entity, please state:
Date of Incorporation: June 15, 1988 Stale In which Incorporated: California
4 If an out-of-state Corporation, LLC, or other business entity, currently authorized to do business In
Florida, give date of such authorization: December 15. 2003
5 Name and Title of Principal Officers
Frank G. Trioeol. President and CEO
Mark Risco. Senior Vice President
Lee Evelt, Vice President
Rov Gill, Secretary
Date Elected:
June 2002
January 2010
September 2006
June 2000
6. The Proposer's length of time In business: ?,j_ years
7. The Proposer's length of time (continuous) In business as a service organization in Florida:
I years
B. Provide a list of at least five references as described herein.
9. Copies of County and/or Municipal Occupational License(s)
Note: Information requested herein and submitted by the Proposer m71 be analyzed by the Town of Jupiter inlet
Colony and maybe a factor considered In awarding any resulting Consulting Services Agreement. The purpose is
to ensure that the Proposers, In the sole opinion of the Town of Jupiter Inlet Colony, can sufficiently and efficiently
perform all the required financing assessment methodology services in a timely and satisfactory manner as will be
required by the subject Consulting Services Agreement. If there are any terms and/or conditions that are In conflict,
the most stringent requirement shaft apply
TOWN OF JUPITER INLET COLONY
RFP No. 2DID-02 —Overhead uttity undergrounding Project Financing Assessment Methodology Page 22
RFP NO. 2010-02
Overhead Utility Undergrounding Project Financing: Assessment Methodology
LIST OF CURRENT $ PERTINENT PROFESSIONAL REFERENCES
List of at least Ove (5) currant and pertinent professional references that the Town can contact in relation to
Proposer's qualifications, financial stability, and experience. Failure to furnish this information may be grounds for
rejection of the Proposal.
1. Name and Address of Firm, City, County, or
Agency
Scope of Work:
Utility Undergrounding Assessment
Pro ram
City of Palm Beach Florida
Date(s):
March — October 2009
360 South County Road
Amount:
$49,550
Palm Beach FL 3348D
Contact:
Tom Bradford Deputy Town Manager
Telephone No:
531 838-540D
For Tom Use Only: Comments;
Reference Venfied. Yes No
2. Name and Address of Firm, City, County, or Agency scope of Work:
Assessment Methodology Review
and Update
Okeechobee Count Florida
Date(s):
2007
304 North West 2nd Street
Amount:
$41000
Okeechobee, FL 34972
Contact:
Nick Hopkins, Fire Chief
Patrick Conlon, Special Project
Coordinator
Tele hone No:
863 763-5544
For Town Use only. Comments;
Reference Verilled: Yes No
For Town Use Only: Comments:
ReferencoVerined: Yes No
3 Name and Address of Firm, City, County, or
Agency
Scope of Work:
Utility Undergrounding Assessment
District
City of Laguna Beach Califomla
Date(s):
Jul 2008 — Se tember 2009
505 Forest Avenue, 2" Floor
Amount:
$26,605
Laguna Beach. CA 92651
Contact:
Joe Chl uete, Project Manager
Telephone No:
949 497-3311
For Town Use Only! Commenla-
Reference Verified- Yes No
4. Name and Address of Firm, City, County, or
Agency
Scope of Work:
UUlily, Undergrounding Assessment
District
City of Palm Desert(California)Date(s):
2004 — 2006
73510 Fred Waring Road
Amount:
$119,887
Palm Desert, CA 92260
Contact:
Patrick Conlon, Special Project
Coordinator
Telephone No:
760 346-0611 x386
For Town Use Only: Comments:
ReferencoVerined: Yes No
5. Name and Address of Finn, City, County, or Agency scope of Work:
Utility Undergrounding Assessment
I Districts
City of Solana Beach(California)Date(s):
12004-2008
635 South Highway 101
Amount:
163,500
Solana Beach, CA 92075
Contact
I Dennis Coleman, Finance Director
Telephone No:
858 720-2461
For Town Use Only; Comments.
Relerence Verined: Yes No
Company Name: Wllldan Financial Services
RFP No. 201 D•02 — Overhead Utility Undergrounding Project Financing: Assessment Methodology Page 23
TOWN OF JUPITER INLET COLONY
RFP NO. 2010-02
Overhead Utility Undergrounding Project Financing: Assessment Methodology
DRUG-FREE WORK PLACE CERTIFICATION
Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are
received by the Town of Jupiter Inlet Colony for the procurement of commodities or contractual services,
a bid/proposal received from a business that certifies that it has implemented a drug-free workplace
program shall be given preference in the award process. In order to 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 controlled substances is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition,
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be Imposed upon employees for drug abuse
violations.
3. Give each employee engaged In providing the commodities or contractual services that are under
bid a copy of the statement specified in number (1).
4. In the statement specified in number (1), notify the employees that as a condition for working on
the commodities or contractual services that are under bid, the employee will abide by the terms
of the statement and will notify the employer of any conviction on or plea of guilty or nolo
contendere to any violation of Chapter 693, Florida Statutes, or of any controlled substance law of
the United States or any singular state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee who is
so convicted.
6. Make a good falth effort to continue to maintain a drug-free workplace through implementation of
Section 287.067, Florida Statutes.
This Certification is submitted by Mark Risco the
(individual's Name)
Senior Vice President of INVIdan Financia! Services
(TltlelPositlon with Company/Vendor) (Name of Company/Vendor)
Who docs hereby certify that said CompanyNendor eAte g• � ace program, which meets
the requirements of Section 287.087, Florida Statu r bers (1) through (6) above.
March 2. 2010
Dale Kgnatura
RFP No. 2010.02— Overhead Willy Undergrounding Project Financing: Assessment Methodology Paga 24
TOWN OF JUPITER INLET COLONY
RFP NO. 2010-02
Overhead Utility Undergroundfng Project Financing: Assessment Methodology
JOINT BIDDING, COOPERATIVE PURCHASING FORM
PURCHASING AGREEMENT WITH OTHER GOVERNMENT AGENCIES
This Certification submitted by Mark Risco
(Individual's Name)
The Senior Vice President of Willdan Financial Services
(Title/Position with Vendor/Contractor) (Name of CompanyNendor)
who does hereby certify that the Proposal(s) submitted in response to the Town of Jupiter Inlet Colony
RFP No. 2010.02 for Overhead Utility Undergrounding Project Financing: Assessment Methodology for
the Town of Jupiter Inlet Colony shall constitute a Proposal to ANY Political Subdivision of the State of
Florida under the same conditions, for the same prices and the same effective period as this Proposal,
unless specifically declined below. This joint Proposal is submitted with the understanding that it in no
way restricts or interferes with the right of ANY Political Subdivision of the State of Florida to re-bld any
or all items.
Bidder accepts this condition X
Bidder does not accept this condition
Signature
ARLENE ROMANELLI
commtuion s 1710670 1 27368 Via Industrie, Suite 110
Notary Public - Cautomla
Rtr mwo county Address
coma .LvJIM110.20111 1
Temecula, California 92590
City/State2ip
State of Florida, County of
Before me this day personally
deposes and states that the for
Witness my hand and
of Florida
(800) 755.6864
Telephone Number r
,1tkr
, who, being duly swom
correct certification as presented.
this _ day of
My commission expires
2010, A.D.
RFP No. 2010.02— Overhead UOiity Undergnwnding Project Financing: Assessment Methodology Page 25
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�L�i1" ^^^^-r r^ -r -r r-r�nrr_-rcrrti ^-rcr{�yy; .er r -r nrr^^ r ^rr^^rr-r rrrrtnrrzrcrr�cr.-,�
State of California
Counly of ei ersf'd e
On HI)tZ. f 2, .20100 before me, 8LIeme Ryymlleflr; D'i"
prjjp� mpp of e r
personally appeared Mark zlRt'SCD
m s o rons
who proved to me on the basis of satisfactory evidence to
be the personM-whose name(ej-4slafa.subscdbed to the
within Instrument and acknowledged to me that
hetshelthey executed the same in his/herAhefr authorized
capacity(loa), and that by his/hwAheir signalum.(c).on the
Instrument the person(e},-or the entity upon behalf of
which the persons) scted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph Is
true and correct.
WITNESS my Parid and official seal,
plm Nnwy SON Above Slgnalur
OPTIONAL
Though the fnrormallon below is not required by taw, d may prove vewbiq to persons relying on the document
and cord prevent frauduten) removal and matlachmant of thus form to anotherownenl.
Description of Attached Document ,
Title or Type ofDo�cuumenkFurmol;n 9YeeE�ioeyfYylwitehErl��QhlCt'cS
Document Dale: Lkrf-Y Z ? 2 010 _ Number of Pages:
Signer(s) OtherThan Named Above: _tjtl E
Capacity(les) Claimed by Signer(s)
Signers Name: pr.k J. P -i S'LO Signer's Name: _
I: Individual Seri) Y^ L- Individual
KCarporate Oflicer—Thle(s): E51 Tti corporate Officer—Tltle(s):
I Partner I Umlled I : General J Partner— L. Umited U General
Attorney In Fact Attorney In Fad
I_ Trustee
Top onnunn nese Trustee Tw N mu a uaiu
G Guardian or Conservator :J Guardian or Conservator
`1 Other. t- Other.
Signer Is Representing:
r�,�rxeeecz.�c Yc.a,�cccc�a
Offi/INp$ptpl�YyNwlNbn•&Se ao bob Aw.P.QBm21Dt•freWWlG 0191}21Qi•wwNemm)bwyoq Nn159e7 IloaJat;ColTeLirw idD}a78-0Yr
TOWN OF JUPITER INLET COLONY
RFP NO. 2010-02
Overhead Utility Undergrounding Project Financing: Assessment Methodology
LIST OF PROPOSED SUBCONTRACTORS
The undersigned Proposer hereby designates, as follows, all major subcontractors whom
he/she proposes to utilize for the major areas of work for the proposed services. The bidder is
further notified that all subcontractors shall be properly licensed, bondable and shall be required
to furnish the Town with Certificates of Insurance in accordance with the Agreement's general
conditions. Failure to fumish this information shall be grounds for rejection of the bidder's
Proposal. (If no subcontractors are proposed, state "None" on the first line below.)
Signature and Date ' 'f ' March 2.2010
Title/Company Willdan Financial Services
RFP No. 2010-02 — Overhead Ugllty Undergrounding Project Financing: Assessment Methodology Page26
BRANNON & GILLESPIE
CONTRACT
AGREEMENT
THIS AGREEMENT made this 10th day of July , 2015, by and between
the Town of Gulf Stream, Florida, a political subdivision of the State of Florida,
hereinafter the "Owner", with an office located at 100 Sea Road, Gulf Stream, Florida
33483, and Brannon & Gillespie, LLC, hereinafter the "Contractor", with its principal
address at 12798 West Forest Hill Boulevard, Suite 102, Wellington, Florida 33414.
WITNESSETH:
WHEREAS, the parties to this Agreement entered into an Agreement dated April
8 2011. a copy of which is attached hereto: and
WHEREAS, the term of that Agreement was through September 30, 2012, to be
renewed for two additional one year periods upon mutual agreement of both parties;
and
WHEREAS, the work contemplated under the Agreement has not been
completed, and
WHEREAS, to assure continuity in the ongoing services described in the
Agreement and in order to facilitate completion of the project, it is the desire of the
Owner to continue to retain the services of the Contractor; and
WHEREAS, Contractor has agreed to maintain and abide with all of the terms of
the Agreement including. but not limited to, compensation and method of payment and
Contractor responsibilities; and
WHEREAS, it is the desire of the Owner to retain Contractor under the terms of
the Agreement and to also abide by the terms thereof.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as follows:
I. RECITALS
The foregoing recitals are true and are hereby made a part of this Agreement.
II. AMENDMENTS
All of the terms of the Agreement, dated April 8, 2011, attached hereto, are
hereby agreed to by the parties and are hereby incorporated as part of this Agreement
as if fully set forth herein.
This Agreement shall remain in effect until completion of all of the work described
herein, which term is contemplated to be no later than July 10 , 2017 . In the event
the project is not completed upon that date, the parties shall have the opportunity to
renew the terms hereof upon mutual agreement of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed as of the date and year first above written.
Attest THE TOWN OF GULF S AM
/C By 11/2—
Rita aylor, T n Clerk William H. Thrasher, Town Manager
(Town Seal)
PAD0CS\13147\00001 \DOC\1 MD6332. DOC
BRANNON & GILLESPIE, LLC
By l
Danny 018rannon
Gener artner
1�
AGREEMENT
THIS AGREEMENT made this � day ofA r; 1. 2011, by and between the
Town of Gulf Stream. Florida. a political subdivision of the State of Florida. hereinafter
the -Owner' with an office located at 100 Sea Road. Gulf Stream, Florida 33483. and
Brannon & Gillespie. LLC. a Florida corporation. hereinafter `Contractor" with its
principal address at 12798 NV. Forest Hill Blvd. Suite 102. Wellington. Florida. 33.114.
RZTNESSETH:
WHEREAS. the Town of Jupiter Inlet Colony. Florida ("JIC") accepted
Contractor's proposal for Project Management and Engineering Support Sen -ices
pursuant to JIC's RFP No. 2010-01 for Project Management and Engineering Support
Sen -ices. by Agreement. dated April 12. 2010. pursuant to a competitive public bidding
process by JIC: and
WHEREAS. the JIC Agreement included formal contract documents binding
upon the successful bidder. the "JIC Contract Documents": and
WHEREAS. the Owner desires to obtain Project Management and Engineering
Support Services: and
WHEREAS. as the Project Management and Engineering Support Sen -ices
involved in the JIC Contract Documents are substantially the same as the Project
Management and Engineering Support Services desired by Owner. Owner elects to utilize
the competitively bid contract process administered by JIC in the JIC Bid. and Owner and
Contractor wish to adopt the .TIC Contract Documents. with certain minor modifications
as further described herein.
NOW, THEREFORE. in consideration of the mutual promises and covenants
contained herein. and other good and valuable consideration. the receipt and sufficiency
of which is hereby acknowledged. the parties hereto agree as follows:
I. RECITALS
The foregoing recitals are true and are hereby made a part of this Agreement.
II. kNIENDMENTS
The IRC Bid and the IRC Contract Documents are incorporated into this
Agreement and are deemed t, be a part of this Agreement as modified as follows:
General. Where provisions of the JIC Bid and the JIC Contract
Documents refer to ''Town of Jupiter Inlet Colony" as the
owner'contracting part. replace it with ''Town of Gulf Stream". Where
provisions of !-,C JIC Agreement refer to `Agreement' or "Contract". it
Project Management & Engineering Support Sen -ices — March 201 I Page I of 3
IN RITNESS WHEREOF. the parties hereto have set their hands and caused this
Agreement to be duh- executed this nth day of i4Or i I 2011.
FOR TORN: FOR CONTRACTOR:
William H. Thrasher. Tovn .Manager Danny P. Brannon
TO« i OF GULF STREAM BRAD NOti & GILLESPIE. LLC
100 Sea Road 12798 Rest Forest Hill Blvd
Gulf Stream. FL 33483 Wellineon. FL 33414
TORN
ATTEST:
-
Tn•.�+�
(TORN SEAL)
TORN OF GULF STREAM
t m F.{�hJ \
Mayor
ENDORSED AS TO FORS[
AND SUFFICIENCY: XL
J n C. Randolph. To% n Attorney
BRANNON & GILLESPIE, LLC
*7esSaGillesp'eGeral Partner
CONTRACTOR
BRANNON & GILLESPIE, LLC
ann�P. Bra
General P er
Project Management R Engineering F.ipport Sen ices —March 2011 Page 1 of.33
citizens and groups of citizens regarding the overall Utility Undergrounding Project and
specific facilities installations affecting individual properties.
2. Serving as the Town's community liaison representative to resolve issues between
residents and the utility companies, and also between residents and the Town, and to
provide communications regarding the Project to the Town's residents as necessary.
3. Coordinating the acquisition of any additional site and survey data necessary to
create conceptual designs, cost estimates, and detail data as necessary to generate final
construction designs suitable for permitting and construction.
4. Developing and reviewing conceptual plans and detailed design plans for the
undergrounding of overhead utilities facilities within the Town, including, but not limited to,
facility designs, easement requirements, project schedules, and cost estimates.
5. Participating in direct negotiations with FPL, Comcast, and AT&T, and, to the extent
applicable, with other utility providers, with respect to facility design and layout, facility
configuration, equipment location, equipment selection, costs, work to be performed by or
through each respective utility company, work to be performed by or through the Town
and Town -employed contractors, and schedules.
6. Facilitating the creation, acquisition, and recording of required easements.
7. Coordinating services for the acquisition of contract construction resources for work
that is to be done as part of the Town's responsibility for construction and installation of
the new underground facilities pursuant to the Project. This service includes not only
coordinating the acquisition of contract construction resources, but also advising the Town
and participating in direct negotiations, on behalf of the Town, with contractors and
subcontractors that may be engaged to perform work that is the Town's responsibility
under the Town's agreements with FPL, Comcast, AT&T, and any other utility providers in
connection with the Project.
S. Participating in materials procurement activities, including advising the Town, the
utility providers, and all contractors and subcontractors as to materials availability,
suitability, and decisions; supporting bidding processes, negotiations, and procurement for
materials to the extent necessary, particularly with respect to the procurement of materials
for work to be performed by or through the Town, its contractors, and their subcontractors;
and maintaining satisfactory documents relative to the materials procurement activities.
9. Supervising, monitoring, coordinating, and facilitating all construction activities to
ensure compliance with contract requirements, to promote the timely and efficient
completion of all work to the extent reasonably practicable, and to minimize adverse
impacts on the community during the Project construction work.
10. Maintaining satisfactory documents relative to the work performed by the Town's
contractors and their subcontractors.
H. Serving as the 'Town's Representative" for all technical and engineering -related
purposes relative to the contracts between the Town and FPL, AT&T, Comcast, and, as
necessary, other utility providers, and also relative to the contracts between the Town and
its contractors.
12. Tracking and reporting to the Town the progress of all Project activities, including
those that are the responsibility of the utility providers as well as those that are the
responsibility of the Town's contractors and their subcontractors, relative to construction
progress, conformance of work completed or in progress to design plans and relevant
standards for the particular work involved, compliance with contracts, and compliance with
Project Management & Engineering Support Sen ices Page 2 of 8
FEDEX---------------- —------- ---------- Actual Costs +15%
Clerical/Accounting--------------- S45 /hr
Other (Pre -Approved by TOWN) --- Actual Costs +15%
Monthly Billing under this contract shall not exceed $15,000 per month without written
approval in advance by the TOWN's Contract Coordinator. Total Billing under this contract
shall not exceed 7.5% of total project costs without written approval in advance from the
TOWN's Contract Coordinator.
ARTICLE IV
CONTRACTOR RESPONSIBILITIES
CONTRACTOR shall provide competent labor as required to perform these
services. CONTRACTOR shall respond to correct any deficiencies in performance of
the services as identified by the TOWN Contract Coordinator.
ARTICLE V
MODIFICATION OF CONTRACT TERMS
The terms of this contract may be modified by mutual consent to increase or
decrease the scope of work, adjust prices in subsequent contract periods, or for such
other purposes as shall become necessary during the conduct of the contract period.
Such amendments shall be accomplished in writing as an addendum to the Contract.
ARTICLE VI
MISCELLANEOUS
TERMINATION
This Agreement may be terminated by either party for cause, or by TOWN for
convenience, upon five (5) days written notice from the terminating party to other
party. In the event of such termination, CONTRACTOR shall be paid its compensation for
services performed to termination date. In the event that CONTRACTOR abandons this
Agreement or causes it to be terminated by TOWN, CONTRACTOR shall indemnify
TOWN against any loss resulting from such termination by abandonment. For purposes of
this Agreement, termination by TOWN for cause includes, but is not limited to, the
following:
1. CONTRACTOR'S failure to keep, perform and observe the provisions of this
Agreement: or CONTRACTOR'S abandonment of the work.
2. Any material misrepresentation, written or oral, made by the CONTRACTOR to the
TOWN:
3. Failure by the CONTRACTOR to timely perform and/or observe any or all
rruJecL .vidnagement & tnguieermg Support Sen ices Page 4 of 8
Agreement. Nothing in this Agreement shall be construed to affect in any way the
TOWN'S rights, privileges, and immunities as set forth in Florida Statutes 768.28.
INSURANCE
CONTRACTOR shall provide, pay for, and maintain in force at all times during the
services to be performed, such insurance as required below, including Workers'
Compensation Insurance, Employer's Liability Insurance and Comprehensive General
Liability Insurance. Such policy or policies shall be issued by approved companies
authorized to do business in the State of Florida, and having agents upon whom service of
process may be made in the State of Florida. CONTRACTOR shall specifically protect
TOWN by naming the TOWN as an additional insured under the Comprehensive General
Liability Insurance Policy hereinafter described.
1. Worker's Compensation Insurance to apply for all employees in compliance with
the Workers Compensation Law of the State of Florida and all applicable federal laws.
Notice of Cancellation and/or Restriction: CONTRACTOR must provide TOWN with thirty
(30) days notice of cancellation, change in coverage, and/or restriction.
2. Comprehensive General Liability Insurance with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence combined limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive than
the latest edition of the Comprehensive General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office. The TOWN is to be named as
additional insured with CONTRACTOR to liability arising out of operations performed for
TOWN, by or on behalf of CONTRACTOR, or acts or omissions of CONTRACTOR in
connection with such operation.
3. Business Automobile Liability Insurance with minimum limits of Five Hundred
Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability Policy, without
restrictive endorsements, as filed by the Insurance Services Office and must include
Owned vehicles as well as hired and non -owned vehicles.
4. CONTRACTOR shall provide to TOWN, prior to the effective date of this
Agreement, a Certificate of Insurance or a copy of all insurance policies required herein.
The TOWN reserves the right to require a certified copy of such policies upon request.
PERFORMANCE OF WORK BY CONTRACTOR/SUBCONTRACTORS
1. It is expressly agreed that CONTRACTOR is and shall be in the performance of all
work, services and activities under this Agreement, an independent contractor and not an
employee, agent, or servant of the TOWN. All persons engaged in any work, service or
activity performed pursuant to this Agreement shall at all times and in all places be subject
to CONTRACTOR'S sole direction, supervision and control. CONTRACTOR shall exercise
control over the means and manner in which it and its employees perform and work, and
Project Management & Engineenng Support Sen -ices Page 6 of 8
AUTHORITY TO ENGAGE IN BUSINESS
CONTRACTOR hereby represents and warrants that it has and will continue to
maintain all licenses and approvals required to conduct its business, and that it
will at all times conduct its business activities in a reputable manner. Proof of
such licenses and approvals shall be submitted to the TOWN'S representative
upon request.
NOTICES
Whenever either party desires to give notice unto the other, such notice must be
in writing, sent by certified United States mail, return receipt requested, addressed to the
party for whom it is intended at the place last specified; and the place for giving of notice
shall remain such until it shall have been changed by written notice in compliance with the
provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice:
FOR TOWN: FOR CONTRACTOR:
Joann Manganiello, Town Administrator DANNY BRANNON
TOWN OF JUPITER INLET COLONY BRANNON & GILLESPIE, LLC
1 Colony Road 12798 West Forest Hill Blvd
Jupiter Inlet Colony, FL 33469 Wellington, FL 33414
IN WITNESS WHEREOF, the parties hereto have set their hands this nth day of
gP2 ' 2010.
ATTEST:
Ill ET COLONY
J a nManganiell hn M. Zucc III
Town Administrator 1C.,r
ENDORSED AS
AND SUFF C ENCO FORM
William Doney, Town Attorney
CONTRACTOR
NNON ✓i 4LESPIE, LLC BRANNON & LLESPIE, LLC
,- J es S. i espie DannyP Brann�
.,General Partner Genera Partner
J'.'-1&=LGt:=«1«u a cngineenng support Nen ices Paste 8 of 8
561-737-0188 Town of Gulfstream 04:45:55 p.m. 01-06-2010 212
b. Brannon &Gillespie, LLc
gAr -cnEHVLsrN_k--Fgm:MM
Date: January 05, 2010
TO: William H. Thrasher, Town Manager
Town of Gulfstream
100 Sea Road
Gulf Stream, FL 33483-7427
FROM: Danny Brannon, P.E.
Total Pages (including this sheet) 1
RE: Proposal for Utility Consulting Services for the Town of Guff Stream Overhead Utility
Undergrounding Project — UndergroundingFeasibilityStudyPhase.
Thank you for the opportunity to provide utility consulting services for this project Our services will
include the following:
(1) Negotiations f Coordination —Interacting with FPL, Comcast, AT&T, and other overhead
uties as necessary to IdenU'fy conversion requirements issues, and benefrfB.
(2) Utility Engineering Design -Develop conceptual utility designs to communicate proposed
solutions and ensure the town's need are addressed relative to reliability, constnLctability,
community impact and cost effectiveness.
(3) Communicate study information fo Town Staff and Involved Community Organizations as
required to promote understanding and support.
Our objective during this study will be to provide the required deliverables in a timely and cost
effective manner. Our services would be provided on a time and material basis in accordance with the
rates schedule shown below. Total billing under this agreement shall not exceed $18,750 without
written approval from the client or his designated agent. Client may terminate this contract atany time
they deem our services are no longer required.
size
Brannon & Gillespie carry $1,000,000 general liability coverage, $500,000 professional errors and
omissions coverage, and $500,000 vehicle liability coverage. We will invoice for services rendered
monthly. Any miscellaneous services and reimbursable expenses will be invoiced monthly as they
occur. Please contact me at 561-795-0833 or via fax at 561-79MM if you have any questions.
Danny Brarr)49fi, P.E.
Brannon &ETiIlespie, LLC
12798W. Forest Hill Blvd., Suite 102
Wells gg6784 FI 33414.4704
CA #
Ijacceptab(e, please return via FAX:
Accepted by: �rzd4w� til`/- JJZ444�—
PfintNarne:-William 11Thrasher
Title: Town Manager
Date: January 5, 2010
12788 WEsrFOREsT nILL BLVD., SUITE 10217 WELLINGTON, FL 334144704 PRONE(561) 7954833 FAX(66I) 786.5678
561-737-0188 Town of Gulfstream 04:45:40 p.m. 01-06-2010 112
FAXCover Sheet
Danny Brannon, P.W.
Brannon & Gillespi, LLC
Wellington, FL 33414
Phone:
Fax Phone: 795-5678
Date: 1-6-10
(Number of pages including cover sheet. 2
Rita Taylor
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Phone: 561-276-5116
Fax Phone: 561-737-0188
I REMARKS: o As Requested o Urgent ❑ FYI o For Your Review o Reply ASAP
Please find attached your proposal for consulting services for
the Town that has been accepted by Town Manager William Thrasher.
If you have any questions, please call.
to Follow by Mail: Yes
CC:
Fax Phone:
No X
HYPOWER CONTRACT
EXHIBIT 11
AGREEMENT
TOWN OF GULF STREAM
PROJECT NO: 2012/13-50
PHASE ONE UTILITY UNDERGROUNDING INITIATIVE
This Agreement made and entered into this LO day of September 2013 by and between the
Town of Gulf Stream, Florida, a municipal corporation in Palm Beach County, Florida, party of
the first part, hereinafter called the Town, and Hypower, Inc. part
of the second part, hereinafter called the Contractor, and duly authorized to do business in the
State of Florida and in Palm Beach County, Florida and in the Town of Gulf Stream.
WITNESSETH, that the Contractor and the Town, for the consideration hereinafter named, agree
as follows:
Article I - SCOPE OF WORK
The Contractor hereby agrees to fumish all the materials, equipment, and labor necessary to
perform in a good, firm, substantial, workmanlike manner, in accordance with the Invitation to
Bid and the Contractor's Proposal, all the work, as defined in the Contract including(insert.
including or excluding) the Additive Alternate Bid(s) Number(s) Item 1 as
shown in the Work Plan and described in the specifications for the project entitled:
TOWN OF GULF STREAM, FLORIDA
PROJECT NO. 2012/13-50
PHASE ONE UTILITY UNDERGROUNDING INITIATIVE
For the completion of all work set forth in the contract documents, which are: Invitation to Bid,
Instruction to Bidders, Proposal, Bid Guaranty, Agreement, Performance Bond, Payment Bond,
Insurance Requirements, Standard Terms and Conditions, General Conditions, Exhibits, and
Construction Details and Specifications datediune 5, 2013 (insert date) for the Total Bid
(insert: Base Bid or Total Bid) amount of:
One Million, Five Hundred Seventy Six Thousand, One Hundred Sixty & Zero
Dollars ($ 1,576,160.00 ) (to the Contractor by the Town, all in accordance with
the requirements and provisions of the Contract Documents.
ARTICLE II - TIME OF COMPLETION
The Work to be performed under this Contract shall commence on the date of Notice to Proceed.
The Work shall be Substantially Complete no later than 8 months after Notice to Proceed is
given and all Work completed no later than 30 calendar days after Substantial Completion, with
such extensions of time as are provided for in the General Conditions.
If said Work is not completed within the time stated above, the Contractor shall be liable, and
hereby agrees to pay to the Town as liquidated damages and for the extra Engineering and
Administrative expenses incurred, and not as a penalty, for the amount stated in Sectio 3 of the
CD-i-
TGS Con RFP Doc PH 16-5-2013.doc 0 U
Bid Documents per calendar day for each and every day or part of a day thereafter that said work
remains substantially or fully incomplete.
ARTICLE III - PAYMENT
(A) Progress Payments.
L On not later than the fifteenth day of every month the Contractor shall prepare and submit a
detailed estimate and payment requisition on a standard EJCDC form addressed to the Project's
Engineer, with copies to Rita Taylor (Town Clerk), covering the percentage of the total amount
of the Contract which has been completed based upon the sum of the Value of Completed Work
from the start of the job up to and including the last day of the preceding billing period (amount
previously paid), together with such supporting evidence as may be required by the Town
and/or Contractor. Partial Release(s) of Lien and Subcontractor Utilization Report shall be
submitted with each payment requisition to verify payment(s) to subcontractors and material
suppliers. The Town shall retain 10% of the value of each invoice issued for the Project (the
"Retainage").
2. Within 30 days after receipt and approval of Contractors invoice, the Town shall pay to the
Contractor ninety percent (90%) of the amount invoiced based upon the Value of Completed
Work Units that have been accepted and invoice as approved by the Engineer, less the aggregate
of previous payments. It is agreed that the Engineer shall have the right to finally determine the
amount currently due to the Contractor.
3. To support timely and appropriate progress payments against the base bid, Contractor hereby
agrees to the allocation of the Lump Sum Bid Price according to the following schedule of values
for the respective components of the Work as a percentage of the lump sum bid amounts:
A. Installation of FPL conduit & concrete products:
32 %
B. Installation of FPL padmounted transformer
stations, switches, and capacitors ..................:
10 %
C. Installation of FPL primary & secondary cable..:
9 %
D. Installation of communications conduits ..........:
27 a/a
E. Conversion of Overhead Electric Services ........:
7 %
(Total for Base Bid items A through E to Equal 100%
F. Installation of Street Lighting conduit ............: 4
G. Installation of Street Lighting wire handholes...: 7 %
H. Installation of Street Lighting poles & fixtures...: 7 %
(Total for Alternate Bid Item #1 items F through H to equal 100%)
CD -2-
TGSCan RFP Doc PHI 6.5-2013.doc fiII3
PLEASE NOTE: Submittals of estimates and invoices for payment must be directed to the
Project's Engineer so that they may be processed for recommendation and approval. The Town
will not be responsible for any delay in meeting the above mentioned payment schedule if the
Contractor submits his estimate and invoice to another person or which do not reflect the verified
completed work components. Partial payments will be made based on completion of units as
indicated on the prints for items A, C, and D. Partial payments for items B and E shall be paid
for each item completed as a percentage of the total number of items in the respective category.
If included, partial payments for street lighting shall be paid in a like manner relative to units of
wire completed, units of conduit completed, number of fixtures completed.
(B) Final Payment
1. Upon receipt of written notice that the work is ready for final inspection and acceptance, the
Engineer shall within fifteen (15) calendar days make such inspection and when he finds the
work acceptable under the Contract, and Contract fully performed, and acceptable to the
respective utilities, he will promptly issue a final certificate over his own signature, stating that
the work required by this Contract has been completed and is accepted by him under the terms
and conditions thereof, and the entire balance found to be due the Contractor, including the
Retainage, shall be paid to the Contractor by the Town within seventy (70) calendar days after
the date of said Final Certificate.
2. Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer
that all utility acceptance has been secured, and that all payrolls, materials bills, and other
indebtedness connected with the Work have been paid, except that in case of disputed
indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety or
Performance Bond satisfactory to the Town guaranteeing payment of all such disputed amounts
when adjudicated in cases where such payment has not already been guaranteed by Surety or
Performance bond.
3. If, after the work has been substantially completed, full completion thereof is materially
delayed through no fault of the contractor, and the Engineer so certifies, the Town shall, upon
receipt of the certificate of the Engineer, and without terminating the contract, make payment of
the balance due for that portion of the Work fully completed and accepted. Such payment shall
be made under the terms and conditions governing final payment, except that it shall not
constitute a waiver.
5. The Contractor must have satisfied the conditions of Section 32 of the Bid Documents.
CD-3-
TGS Con RFP Doc PHI 6-5-2013.doc §-013
Town of Gulf Stream, Florida ATTEST:
By/�Glil�-
Mayor/or Designee
Hypower, Inc.
Contractor
By " a
L) Titlb resid
2'
Town Clerk
(Seal)
ATTEST:
(Seal)
CD-4-
TGS Con aFP Doc PHI 6-5-2013.doc 6/8/2013
LANDSCAPES
OF
DISTINCTION
CONTRACT
EXHIBIT C
CONTINUING SERVICES CONTRACT
BETWEEN
LANDSCAPES OF DISTINCTION, INC.
55251" Road
Lake Worth Florida 33467
AND
THE TOWN OF GULF STREAM
FOR
MUNICIPAL LANDSCAPING, SITE CLEARING, AND SITE
RESTORATION SERVICES
This contract is made as of this /4� day of (1 U1y , 2013 by and between the
Town of Gulf Stream, a Subdivision of the State of Florida, by and through its
Commission, hereinafter referred to as the Town, and Landscapes of Distinction, Inc. [ ]
an individual, [ ] a partnership, [�'a corporation, [ ] a Limited Liability Company
authorized to do business in the State of Florida, hereinafter referred to as the Contractor,
whose Federal I.D. or Social Security number is I! 36471,?9q
In consideration of the mutual promises contained herein, the Town and the Contractor
agree as follows:
ARTICLE 1 - SERVICES
The Contractor's responsibility under this contract is to provide services in the area of
Municipal Landscaping, Site Clearing, and Site Restoration Services, as more specifically
set forth in the Scope of Services detailed in Exhibit A, and as called for in mutually
agreed upon future work orders.
The Town's representative/liaison during the performance of this contract shall be Danny
Brannon, Project Manager, telephone (561) 307-9454, also referred to herein as the
Engineer..
ARTICLE 2 -SCHEDULE
The contract performance period shall be three (3) years from date of award.
This contract may be renewed, by mutual written agreement between the parties, for
additional one-year periods up to a cumulative total of five (5) years at the same prices,
terms and conditions. Any change in price, terms or conditions shall be accomplished by
written amendment to this contract
Reports and other items shall be delivered or completed in accordance with the detailed
schedule set forth in Exhibit A, Scope of Services and subsequent work orders.
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Any order (which shall include notices to proceed and other work orders) issued during
the effective date of this contract, but not completed within that period, shall be
completed by the Contractor within the time specified in the document. The contract shall
govern the Contractor and the Town's rights and obligations with respect to the extent as
if the services were completed during the contract's performance period.
ARTICLE 3 - PAYMENTS TO CONTRACTOR
A. The Contractor will bill the Town on a monthly basis, or as otherwise provided, at
the amounts set forth in Exhibit B, Cost Schedule, for services rendered toward
the completion of Exhibit A, Scope of Services. Where incremental billings for
partially completed items is permitted, the total incremental billings shall not
exceed the percentage of estimated completion as determined by the Town as of
the billing date.
B. Invoices received from the Contractor pursuant to this contract will be reviewed
and approved by the Town, indicating that services have been rendered in
conformity with the contract and then will be forwarded for payment. Invoices
will be paid in accordance with the State of Florida Prompt Payment Act.
1. Prior to termination for default, the Town will provide adequate written
notice to the Contractor, affording him/her the opportunity to cure the
deficiencies or to submit a specific plan to resolve the deficiencies within
five (5) days (or the period specified in the notice) after receipt of the
notice. Failure to adequately cure the deficiency shall result in termination
action. Such termination may also result in suspension or debarment of
the Contractor in accordance with the Town's Purchasing Policy. The
Contractor and its sureties (if any) shall be liable for any damage to the
Town resulting from the Contrdetor s default of the contract. This liability
includes any increased costs incurred by the Town in completing contract
performance.
2. Tn the event of termination by the Town for any cause, the Contractor will
in no event have any claim against the Town for lost profits or
compensation for lost opportunities. After a receipt of a Termination
Notice and except as otherwise directed by the Town the 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 process, completed work, and other materials
related to the terminated work as directed by the Town.
d) Continue and complete all parts of that work that have not been
terminated.
C) Ensure the release of all liens against the Town for work
performed under this contract.
Neither Contractor nor Town shall be liable, nor may cancel this contract for
default, when delays arise out of causes beyond the control of Contractor or
Town. Such causes may include but are not restricted to acts of Town in
TGS Landscaping Continuing Smices CO Inca -1. &cnjm of nistinetion.doc Page 2 of 14 10/912013
sovereign capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, wars, civil disturbances, work stoppage, laws, regulations, ordinances,
acts or orders of any governmental agency or official thereof, and other
circumstances outside of the scope of this contract. In every case, the delay must
be beyond the control of the claiming party and outside the scope of this contract.
If Contractor is delayed in its performance as a result of causes outside the scope
of this contract, Town shall, upon written request of Contractor, agree to equitably
adjust the provisions of this contract, including price and delivery, as may be
affected by such delay. However, this provision shall not be interpreted to limit
Town's right to terminate for convenience.
C. Termination for Convenience
The Town, by written notice, may terminate this contract, in whole or in part,
without cause when it is in the Town's interest. If this contract is terminated, the
Town shall be liable only for goods or services delivered and accepted. In the
event of termination by the Town for any cause, the Contractor will in no event
have any claim against the Town for lost profits or compensation for lost
opportunities. The Town Notice of Termination may provide the Contractor
thirty (30) days prior notice before it becomes effective. However, at the Town's
sole option, a termination for convenience may be effective immediately and may
apply to delivery orders (if applicable), work orders, or to the contract in whole.
ARTICLE 4 - VERBAL AGREEMENTS
No verbal agreement or conversation with any officer, agent or employee of the Town
either before or after execution of this Contract shall affect or modify any of the terms or
obligations contained in any of the documents comprising said Contract.
ARTICLE 5 - ENGINEER'S STATUS
The Engineer will provide observation during the progress of the work to render periodic
reports of the Contractor's activities, and verify and certify partial and/or final payments
due to the Contractor. The Engineer shall have authority to reject all work and materials
which do not conform to the Contract and to decide questions which arise in the
execution
ARTICLE 6 -PERSONNEL
The Contractor 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 Town.
All of the services required herein shall be performed by the Contractor 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. The Town may require, in writing, that the Contractor remove from the contract
any employee the Town deems incompetent, careless or otherwise objectionable. Any
changes or substitutions in the Contractor's key personnel must be made known to the
Town's representative, and written approval must be granted by the Town before said
change or substitution can become effective.
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The Contractor warrants that all services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 7 - SUBCONTRACTING
The Town reserves the right to accept the use of a subcontractor or to reject the selection
of a particular subcontractor and to inspect all facilities and equipment of any sub-
contractors in order to make a determination as to the capability of the subcontractor to
perform properly under this contract. The Contractor is encouraged to seek minority and
women business enterprises, as well as local contractors, for participation in sub-
contracting opportunities.
If a subcontractor fails to perform or make progress, as required by this contract, and it is
necessary to replace the subcontractor to complete the work in a timely fashion, the
Contractor shall promptly do so, subject to acceptance of the new subcontractor by the
Town.
ARTICLE 8 - FEDERAL AND STATE TAX
The Town is exempt from payment of Florida State Sales and Use Taxes. The Town will
sign an exemption certificate submitted by the Contractor. The Contractor shall not be
exempted from paying sales tax to its suppliers for materials used to fulfill contractual
obligations with the Town, nor is the Contractor authorized to use the Town's Tax
Exemption Number in securing such materials.
The Contractor shall be responsible for payment of its own and its share of its employee
FICA and Social Security and all other benefits with respect to this contract.
ARTICLE 9 - AVAILABILITY OF FUNDS
The Town's performance and obligation to pay under this contract is contingent upon an
annual appropriation for its purpose by the Town Commission, or other specified funding
source for this procurement.
ARTICLE 10 -INSURANCE
A. Before execution of the contract by the Town and commencement of operations
and/or services to be provided, and during the duration of the contract, the
Contractor shall file with the Town industry standard Acord Certificates of
Insurance for all required insurance coverages which shall list the Town as an
Additional Insured and will also include the following provisions:
1. All insurance policies shall be issued by companies authorized to do
business under the laws of the State of Florida and acceptable to the Town.
2. The Certificates shall clearly indicate that the Contractor has obtained
insurance of the type, amount and classification as required for strict
compliance with this insurance section.
3. No material change or cancellation of the insurance shall be effective
without thirty (30) days prior written notice to the Town.
B. The Contractor shall require and ensure that each of its subcontractors providing
services hereunder (if any) procures and maintains, until the completion of the
services, insurance of the types and to the limits specified herein.
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C. Required Coverage:
1. Workers' Compensation - The Contractor shall provide coverage for its
employees with statutory workers' compensation limits, and no less than
5500,000.00 for Employers' Liability. Said coverage shall include a
waiver of subrogation in favor of the Town and its agents, employees and
officials.
2. Commercial General Liability - The Contractor shall provide coverage for
all operations including, but not limited to Contractual, Products and
Completed Operations, and Personal Tnjury. The limits shall be not less
than $1,000,000.00, per occurrence, Combined Single Limits (CSL) or its
equivalent. The General Aggregate limit shall either apply separately to
this contract or shall be at least twice the required occurrence limit.
3. Business Automobile Liability - The Contractor shall provide coverage for
all owned, non -owned and hired vehicles with limits of not less than
S 1,000,000.00 per occurrence, Combined Single Limits (CSL) or its
equivalent.
4. The Contractor shall take reasonable precautions for the safety of, and
shall provide all reasonable protection to prevent damage, injury or loss to,
its employees on the job, and others. The Contractor shall comply with all
applicable provisions of federal, state and municipal safety laws, insurance
requirements, standard industry practices, the requirements of the
operations and this contract. The Contractor, directly or through its sub-
contractors, shall erect and properly maintain at all times, as required by
the conditions and progress of the work, necessary safeguards for safety
and protection of the public, including securing areas, posting danger
signs, placards, labels or posting other forms of warnings against hazards.
When use of hazardous materials or equipment or unusual methods are
necessary for execution of the work, or when the work includes the
cleanup, remediation and/or removal of bio -solids, bio -hazards waste, or
any hazardous or toxic materials, trash, debris, refuse, or waste, the
Contractor, its subcontractor(s) and their employees shall be trained and
certified as required in the proper handling, use and care of equipment,
materials and hazardous operations, and shall exercise utmost care and
perform such activities under the supervision of properly qualified and or
competent personnel.
The Contractor shall promptly remedy damage and loss to property caused
in whole or in part by the Contractor, its subcontractors of every tier,
anyone directly or indirectly employed by any of them, or anyone for
whose acts they may be liable.
5. The Town shall be specifically included as an additional insured on the
general liability policy.
D. All such insurance required of the Contractor shall be primary to, and not
contribute with, any insurance or self-insurance maintained by the Town.
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E. Any exceptions to the insurance requirements in this section must be approved in
writing by the Town.
F. Compliance with these insurance requirements shall not relieve or limit the
Contractor's liabilities and obligations under this contract. Failure of the Town to
demand such certificate or other evidence of full compliance with these insurance
requirements or failure of the Town to identify a deficiency from evidence
provided will not be construed as a waiver of the Contractor's obligation to
maintain such insurance.
ARTICLE 11- CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied
himself as to the nature and location of the work, the conformation of the ground, the
character, quality and quantity of the materials to be encountered, the character of the
equipment and facilities needed preliminary to and during the prosecution of the work,
and the general and local conditions.
ARTICLE 12 — CONTRACTOR'S PROJECT MANAGER
The Contractor shall keep on his work during its progress a competent Project Manager
and any necessary assistants, all satisfactory to the Engineer. The Contractor shall advise
the Engineer, in writing, prior to startingwork- ork on the Contract, the name and local
address of the Contractor's Project Manager, together with amount of his authority to
represent the Contractor. The Project Manager shall represent the Contractor in his
absence and all directions given to him shall be binding as if given to the Contractor.
Important directions shall be confirmed on written request in each case. The Contractor
shall give sufficient management to the work using his best skill and attention. If the
Contractor, in the course of the work finds any discrepancy between the plans and the
physical conditions of the locality, or any errors or omissions in plans or in the layout as
given by survey points and instructions, he shall immediately inform the Engineer, in
writing, and the Engineer shall promptly verify the same. Any work done after such
discovery, until authorized, will be done at the Contractor's risk. Neither party shall
employ or hire any employee of the other party without his consent.
ARTICLE 13 - CONTRACTOR LIABLE AND RESPONSIBLE TO TOWN
(A) The Contractor shall be held liable to the Town for the performance of all work
provided for under this Contract. These specifications make no attempt to fix the
scope of the work of any subcontractor nor the responsibilities of the
subcontractors.
(B) Any disputes which may arise in this connection between the Contractor and any
subcontractor must be settled between the parties concerned. The Town will not
undertake nor be in any way responsible for the settlement of such disputes.
(C) No subcontractor shall under any condition relieve the Contractor of his liabilities
and obligations under this Contract, and the Contractor shall be solely responsible
to the Town as provided for herein.
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(D) The Contractor shall be liable to the Town for materials furnished. This shall
include all materials whether manufactured and/or fabricated by other persons. In
the event that an agent or other representative of the Town approved the
installation or erection of any item of material and the Contractor feels the same is
not fabricated in good workmanlike manner, he shall forthwith advise the Town
thereof in writing.
(E) The Contractor shall insure that all employees and subcontractors have obtained
and have on their person, identification badges approved by the Town Public
Safety Department.
(F) Nothing contained in the Contract documents shall create any contractual relation
between any subcontractor and the Town.
The Contractor shall provide and maintain all necessary watchmen, barricades, warning
lights, and signs and take all necessary precautions for the protection of the public. He
shall continuously maintain adequate protection of all work from damage, and shall take
all reasonable precautions to protect the Town's property and resident's property from
injury or loss arising in connection with this Contract. He shall make good any damages,
injury, or loss to his work and to the property of the Town or Residents resulting from
lack of reasonable protective precautions, except such as may be due to errors in the
Contract documents, or caused by agents or employees of the Town. He shall adequately
protect adjacent private and public property, as provided by law and the Contract
documents, and shall leave all adjacent property in as good condition as it was prior to
beginning of the Contract
ARTICLE 15 - INDEI1IMY
The Contractor shall indemnify and hold harmless the Town, and its officers, employees,
agents, and representatives, from any liabilities, damages, claims, charges, losses, costs,
judgments or expenses, including, but not limited to, reasonable attorneys' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct,
including acts, actions, errors or omissions of the Contractor and other persons employed
or utilized by the Contractor, including, but not limited to Sub -consultants and
Subcontractors, in the performance of the Contract, whether direct or indirect. The
Contractor shall not be liable under this section for damages arising out of injury or
damage to persons or property directly caused or resulting from the negligence of the
Town or any or its officers, agents or employees.
The Contractor's obligation to indemnify and hold harmless shall be triggered by Town's
notice of claim for indemnification to the Contractor, and the Contractor, as part if its
fulfillment of this obligation, may choose to defend, upon mutual agreement between the
parties, and/or participate in the defense and trial of any claim and any related settlement
negotiations. Town's failure to notify the Contractor of the claim shall not release the
Contractor of the above referenced obligation to indemnify and hold harmless. The
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Contractor's inability to evaluate liability, due to Town's late notice or any other reason,
or its evaluation of liability, shall not excuse the Contractor's duty to indemnify and hold
harmless within seven (7) days after such notice by the Town is given by registered mail.
Only an adjudication of judgment after the highest appeal is exhausted specifically
finding the Town solely and entirely responsible for a claim shall performance of this
provision by the Contractor be excused. To the extent the Town is found partially liable
or negligent for any particular claim, the Contractor shall still be required to indemnify
and hold harmless the Town for that portion of the claim found to be caused by the
Contractor and persons employed or utilized by the Contractor in the performance of this
Contract.
Tt is specifically agreed between the parties executing the Contract that the Contract and
any insurance provided pursuant to the Contract is not intended by any of the provisions
of any part of the Contract to create in the public or any member thereof, a third -party
beneficiary hereunder or to authorize anyone not a party to the Contract to maintain a suit
for bodily injury or property damage pursuant to the terms or provisions of the Contract.
The Contractor guarantees the payment of all just claims for materials, supplies, tools or
labor and other just claims against it or any Subcontractor or Sub -consultant, in
connection with the Contract. The Town's final acceptance and payment does not release
the Payment and Performance Bonds until all such claims are paid or released.
'!fie parties hereby aerie Ud,acknowIcd that one h�do11ar3_L00 OQl o 019-atst
Rayneni-tosh atcactor_foLncifamance ofthis AereemetttjsAhe_su�cific
consideration fro> e TQW—ta.tbe_CDrAractor for tbe_ConttarWesindemnity a¢recmcnt,
Guaranty of Payment for Claims: The Contractor guarantees the payment of all just
claims for Materials, supplies, tools, or labor and other just claims against him or any
Subcontractor in connection with the Contract. Final acceptance and payment by the
Town will not release the Contractor's bonds until all such claims are paid or released.
ARTICLE 16 - SUCCESSORS AND ASSIGNS
The Town and the 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, with respect to all
covenants of this contract. Except as above, neither the Town nor the 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 Town which may be a party hereto, nor shall it be construed
as giving any rights or benefits hereunder to anyone other than the Town and the
Contractor.
ARTICLE 17-REMEDTFS
This contract shall be governed by the laws of the State of Florida. Venue for any
litigation involving this contract shall be the Circuit Court in and for Palm Beach County,
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Florida. 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 at
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.
ARTICLE 18 - UNIFORM COMMERCIAL CODE
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis
for contractual obligations between the Contractor and the Town for any terms and
conditions not specifically stated in this contract.
ARTICLE 19 - CONFLICT OF INTEREST
The Contractor represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance or
services required hereunder, as provided for in Florida Statute 112.311. The Contractor
further represents that no person having any interest shall be employed for said
performance.
The Contractor shall promptly notify the Town in writing by certified mail of all potential
conflicts of interest for any prospective business association, interest or other
circumstance which may influence or appear to influence the Contractor's judgment or
quality of services being provided hereunder. Such written notification shall identify the
prospective business association, interest or circumstance, the nature of work that the
Contractor may undertake and request an opinion of the Town as to whether the
association, interest or circumstance would, in the opinion of the Towti, constitute a
conflict of interest if entered into by the Contractor. The Town agrees to notify the
Contractor of its opinion by certified mail within thirty (30) days of receipt of notification
by the Contractor. if, in the opinion of the Town, the prospective business association,
interest or circumstance would not constitute a conflict of interest by the Contractor, the
Town shall so state in the notification and the Contractor shall, at its option, enter into
said association, interest or circumstance and it shall be deemed not in conflict of interest
with respect to services provided to the Town by the Contractor under the terms of this
contract.
ARTICLE 20 - EXCUSABLE DELAYS
The Contractor shall not be considered in default by reason of any failure in performance
if such failure arises out of causes reasonably beyond the control of the Contractor or its
subcontractors and without their fault or negligedce. Such causes include, but are not
limited to: public health emergencies; labor disputes; freight embargoes; and other
circumstances outside the scope of this contract. Upon the Contractor's request, the Town
shall consider the facts and extent of any failure to perform the work and, if the
Contractor's failure to perform was without it or its subcontractor's fault or negligence,
the contract schedule and/or any other affected provision of this contract shall be revised
accordingly; subject to the Town's right to change, terminate, or stop any or all work at
any time.
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ARTICLE 21 - ARREARS
The Contractor shall not pledge the Town's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
The Contractor further warrants and represents that it has no obligation or indebtedness
that would impair its ability to fidfill the terms of this contract.
ARTICLF 22 - DISCLOSURE AND OWNERSIIIP OF DOCUMENTS
The Contractor shall deliver to the Town for approval and acceptance, and before being
eligible for final payment or any amounts due, all documents and materials prepared by
and for the Town under this contract.
All oral and written information not in the public domain or not previously known, and
all information and data obtained, developed or supplied by the Town, or at its expense,
will be kept confidential by the Contractor and will not be disclosed to any other party,
directly or indirectly, without the Town's prior written consent unless required by a
lawful order. All drawings, maps, sketches, programs, database, reports and other data
developed, or purchased, under this contract for or at the Town's expense shall be and
remain the Town's property and may be reproduced at the discretion of the Town.
The Town and the Contractor shall comply with the provisions of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise
made in writing by any party pursuant hereto, including but not limited to any
representations made herein relating to disclosure or ownership of documents, shall
survive the execution and delivery of this contract and the consummation of the
transactions contemplated hereby.
ARTICLE 23 - INDEPENDENT CONTRACTOR RELATIONSHIP
The Contractor is, and shall be, in the performance of all work services and activities
under this contract, an independent Contractor, and not an employee, agent or servant of
the Town. All persons engaged in any of the work or services performed pursuant to this
contract shall at all times, and in all places, be subject to the Contractor's sole direction,
supervision, and control. The Contractor shall exercise control over the means and
manner in which it and its employees perform the work, and in all respects the
Contractor's relationship and the relationship of its employees to the Town shall be that
of an independent Contractor and not as employees or agents of the Town.
The Contractor does not have the power or authority to bind the Town in any promise,
agreement or representation other than as specifically provided for in this contract.
ARTICLE 24 - CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Contractor to solicit or secure this
contract and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for the Contractor,
any fee, commission, percentage, gift, or any other consideration contingent upon or
resulting from the award or making of this contract.
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ARTICLE 25 - ACCESS AND AUDITS
The 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 atter
completion of the contract. The Town shall have access to all records, documents and
information collected and/or maintained by others in the course of the administration of
the contract. This information shall be made accessible at the Contractor's local place of
business to the Town, including the Comptroller's Office, and/or its designees, for
purposes of inspection, reproduction and audit without restriction. If records are
unavailable locally, it shall be the Contractor's responsibility to ensure that all required
records are provided to the Town at the Contractor's expense. The Contractor shall
provide storage of daily or disaster -related documents and reports for protection during
the disaster event.
ARTICLE 26 - NONDISCRIMINATION
The Contractor warrants and represents that a]I of its employees are treated equally
during employment without regard to race, color, religion, physical handicap, sex, age or
national origin.
ARTICLE 27 - ENTIRETY OF CONTRACTUAL AGREEMENT
The Town and the 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, deleted, modified, superseded or otherwise altered, except by written
instrument executed by the parties hereto.
ARTICLE 28 - 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 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 29 - AUTHORITY TO PRACTICE
The Contractor hereby represents and warrants that it has and will continue to maintain
all licenses and approvals required to conduct its business, and that it will at all times
conduct its business activities in a reputable manner. Proof of such licenses and
approvals shall be submitted to the Town upon request.
ARTICLE 30 -SEVERABILITY
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, the 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
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extent permitted by law.
ARTICLE 31 - MODIFICATIONS OF WORK
The Town reserves the right to make changes in the work, including alterations,
reductions therein or additions thereto. Upon receipt by the Contractor of the Town's
notification of a contemplated change, the Contractor shall (1) if requested by Town,
provide an estimate for the increase or decrease in cost due to the contemplated change,
(2) notify the Town of any estimated change in the completion date, and (3) advise the
Town in writing if the contemplated change shall affect the Contractor's ability to meet
the completion dates or schedules of this contract.
if the Town so instructs in writing, the Contractor shall suspend work on that portion of
the work affected by a contemplated change, pending the Town decision to proceed -Mth
the change.
If the Town elects to make the change, the Town shall issue a contract amendment or
change order, and the Contractor shall not commence work on any such change until such
written amendment or change order has been issued and signed by each of the parties.
ARTICLE 32 - USE OF MULTIPLE CONTRACTORS
The Town may use one or more Contractors in the performance of the stated Scope of
Services (exhibit A). If multiple contracts are awarded, the Town's intent is to assign
each Contractor a specific area of operation. However, each Contractor shall ensure that
they fully cooperate with the other Contractors, the Town's Consultants and Town
personnel in the performance of this contract.
ARTICLE 33 -PROTECTION OF EXISTING STRUCTURES, EQUIPMENT,
UTILITIES AND INPROVEMENTS
A. The Contractor shall preserve all structures and equipment on or adjacent to
the work sites.
B. The Contractor shall protect from damage all existing improvements and utilities
at or near the work sites. The Contractor shall repair any damages to these
facilities caused by Contractor operations. If the Contractor fails or refuses to
repair the damage promptly, the Town may have the necessary work performed
and charge the cost to the Contractor.
ARTICLE 34 - CONTRACTUAL DOCUMENTS/ORDER OF PRECEDENCE
In the event of a conflict between contractual documents, the following Order of
Precedence applies:
• Contract (including Exhibits B & C)
• Scope of Services (Exhibit A)
• Request for Proposals
• Contractor's Proposal
ARTICLE 35 - LAWS AND REGULATIONS
All applicable federal and state laws, county and Town ordinances, and the rules and
regulation of all authorities having jurisdiction over any pari of the project shall apply to
TGS landscaping Continuing SmwC Conna- Lindscapo ofDininction.doc Pop 12 of 14 10/9/2013
the contract throughout, and they will be deemed to be included in the contract the same
as though herein written.
ARTICLE 36 - NOTICE
All notices required in this contract shall be sent by certified mail, return receipt
requested. If sent to the Town, all notices shall be mailed to:
Rita Taylor, Town Clerk
Town of Gulf Stream
100 Sea Rd,
Gulf Stream, FL 33483
or maybe hand -delivered to the above address as necessary.
If sent to the Contractor, all notices shall be mailed to:b, 666,,' 5Y Z s-9_5`
at the Contractor's address provided above. L4 ke U,vft, fL 33y5,
ARTICLE 37 - DISPUTE RESOLUTION
General: Any disputes relating to interpretation of the terms of this Contact or a question
of fact or arising under this Contract shall be resolved through good faith efforts upon the
part of the Contractor and the Town. At all times, the Contractor shall carry on the work
and maintain its progress schedule in accordance with the requirements of the Contract
and the determination of the Town or its representatives, pending a final resolution of the
dispute, including, if necessary, and determination by a Court of competent jurisdiction.
Any dispute which is not resolved by mutual agreement shall be decided by the Town
who shall reduce the decision to writing. The decision of the Town shall be final and
conclusive unless determined by a court of competent jurisdiction to be fraudulent,
capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be
supported by substantial evidence.
Mediation: Prior to initiating any litigation concerning this Contract, the parties agree to
submit the disputed issue or issues to a mediator for non-binding mediation. The parties
shall agree on a mediator chosen from a list of certified mediators available from the
Clerk of Court for Palm Beach County. The fee of the mediator shall be shared equally
by the parties. To the extent allowed by law, the mediation process shall be confidential
and the results of the mediation or any testimony or argument introduced at the mediation
shall not be admissible as evidence in any subsequent proceeding concerning the disputed
issue.
Interpretation Venue: This Contract constitutes the entire agreement between the parties
with respect to the subject matter hereof and supersedes all prior verbal or written
agreements between the parties with respect thereto. This Contract may only be amended
by written documents, properly authorized, executed and delivered by both parties hereto.
This Contract shall be interpreted as a whole unit and section headings are for
convenience only. All interpretations shall be governed by the laws of the State of
Florida. In the event it is necessary for either party to initiate legal action regarding this
TO Land=scaping Continuing Smices Contract • Landscapes of Distinction.doc Page 13 of 14 10/9/1013
Contract, venue shall be exclusively in the Nineteenth Judicial Circuit Court in and for
Palm Beach County, Florida, for claims under state law and the Souther District of
Florida for any claims which are justiciable in Federal court.
ARTICLE 38 — INSPECTOR GENERAL
The Contractor acknowledges that he 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 the Contractor and its subcontractors and lower tier subcontractors.
The Contractor understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of the Contractor or its subcontractors or lower
tier subcontractors to fully cooperate with the Inspector General when requested may be
deemed by the Town to be a breach of this contract justifying its termination.
IN WITNESS WHEREOF, the Town of Gulf Stream, Florida, has made and executed
this contract on behalf of the Town, and Contractorhas hereunto set its hand on the day
and year above written.
TOWN OF GULF STREAM: 14— !g' 13
n Date
Signature
";To_ pl� K, ni i RW GIN
Typed Name
MA YOK
Title
CONTRACTOR:
Date
Landscapes of Distinction, Inc.
Company Name
Signature
u5i-i �>M
Typed Name
Title
TGS Landscaping Continuing Smi= Contact- Landscapes of Timinction.doc Pape 14 of 14 10/9/2013
MI iMA 3
Hourly Rate Schedule: Unless otherwise indicated in this scope of services, or specifically
modified in subsequent work orders, all services performed under this contract shall be paid in
accordance with line items as applicable. Contractor may submit additional listings if desired or
appropriate for specific services to be included.
Proposer: Landscapes of Distinction. Inc
By: Dustin Demmery
Date: 1.22.13
Hourly Rate Schedule
The Proposer shall provide all labor, tools, equipment, mobilization, demobilization and other resources
required to complete the requirements of the scope of services (including overhead, travel, out of pocket and
profit)
Manpower
Hourly Rate
Day Rate
Project Manager
$ 75
$ 600
Crew Foreman
$ 35
$ 280
Crew Supervisor
$ 25
$ 200
Arborist
$ 150
$ 1200
Landscape Architect
$ 135
$1000
Landscape Draftsperson
$ 90
$ 720
Laborer
$ 17
$ 136
Other
$
$
Equipment
Hourly Rate
Day Rate
Tractor with Box Blade
$ 75
$ 600
Front -End Loader (Large)
$ 175
$ 1400
Front -End Loader (Small)
$ 100
$ 800
Rubber Tire Backhoe
$ 100
$ 800
Dump Truck
$ 100
$ 800
Landscape Box / Flat Bed Truck
$ 75
$ 600
Other
$
$
Proposer: Landscapes of Distinction. Inc
By: Dustin Demmery
Date: 1.22.13
MARK RAYMOND
CONTRACT
MARK E. RAYMOND
ATTORNEY AT LAW
April 28, 2011
Town of Gulf Stream, Florida
100 Sea Road
Gulfstream, Florida 33483
Re: Proposed Financing for utility undergrounding
Ladies and Gentlemen:
4360 NORTHLAKE BOULEVARD
SUITE 204
PALM BEACH GARDENS, FL 33410
Tel: 561.775.8440
Fax: 561.775.8442
mark.raymond@mraymondlaw.com
I would be pleased to serve as bond counsel in connection with the incurrence by Town
of Gulf Stream, Florida (the "Town") of special assessment debt (the "Debt"), in the amount of
not -to -exceed approximately $5,500,000, to finance the cost of placing the electric, cable
television and telephone utility facilities that serve the Town and its inhabitants underground (the
'Project"). The purpose of this letter is to set forth my role and responsibilities as bond counsel
with respect to the Project and the Debt.
Bond counsel is engaged as a recognized expert whose primary responsibility is to render
an objective legal opinion with respect to the authorization and issuance of the Debt.
As bond counsel, I will:
a. consult with the Town and its staff to determine the most appropriate method of
financing the Project, including the preparation and issuance of any request for
financing proposals desired by the Town;
b. prepare the resolutions authorizing and securing the Debt and review the
resolutions (prepared by others) imposing the special assessments that will serve
as the source of repayment (the "Resolutions"), such other documents as may be
required by the financing or which I deem necessary for rendering my opinion,
and the forms of such closing documents, certifications, and opinions of counsel
as may be required by the terms of the financing and applicable federal and state
laws;
C. assist in the selection of the financial institution to purchase the Debt and
negotiate the terms thereof on behalf of the Town;
d. subject to the qualification set forth below, represent the Town in a validation
proceeding under Chapter 75, Florida Statutes, including preparation of all
necessary pleadings (but not including any appeal of any final judgment); and
e. undertake such additional duties as necessary to render my opinion.
Town of Gulfstream, Florida
April 28, 2011
Page 2
Subject to the completion of proceedings to my satisfaction, I will render my opinion
that, among other things:
a. the Town is duly created and validly existing as municipality of the State of
Florida, with authority to adopt the Resolutions, perform the agreements on its
part contained therein and incur the Debt;
b. the Resolutions have been duly adopted by the Town and constitute valid and
binding obligations of Town enforceable against the Town;
C. the Resolutions create a valid lien on the funds pledged by the Resolutions for the
security of the Debt;
d. the Debt has been duly authorized, executed and delivered by the Town and is a
valid and binding special obligation of the Town, payable solely from the sources
as provided in the Resolutions;
e. the interest on the Debt will be excluded from gross income for federal income
tax purposes and the Debt and the interest thereon are exempt from present
intangible personal property taxes of Florida;
f. the Debt has been designated by the Town as a "qualified tax exempt obligation"
for purposes of Section 265 of the Internal Revenue Code; and
g. the assessments imposed by the Resolutions are enforceable charges against the
benefitted parcels in accordance with the Resolutions.
The opinion will be executed and delivered by me in written form on the date the Debt is
issued in exchange for purchase price (the "Closing') and will be based upon facts and law
existing as of that date. Upon delivery of the opinion, my responsibilities as bond counsel would
be concluded with respect to this financing.
While serving as bond counsel, my client will be the Town and I will represent its
interests.
My fee as bond counsel will be $20,000 plus out-of-pocket expenses consisting solely of
travel (at the IRS approved mileage rate), postage, any filing fees which I pay on behalf of the
Town and any overnight delivery charges (at cost). My fee will only be due and payable at
Closing, and I will not be paid any fee except at Closing. My expenses will be subject to
reimbursement regardless whether any Closing occurs.
In the event that the bond validation is contested, as opposed to being a perfunctory
proceeding in which the State Attorney only requests that the Town present basic evidence that
all proceedings requisite to the imposition of the assessments and incurrence of the debt were
Town of Gulfstream, Florida
April 28, 2011
Page 3
completed in compliance with law, I will require the assistance of a litigation attorney. I am
primarily a public finance lawyer, not a litigator, and I would not be competent to represent the
Town in a contested validation without the assistance of a litigation specialist. In the event of a
contest, the Town would need to engage, at its expense, a litigator to work with me. On the other
hand, I have successfully handled many non -contested validations.
If the foregoing terms are acceptable to you, please so indicate by returning a copy of this
letter signed by an appropriate officer by May 28, 2011. I look forward to working with you.
Very truly
yours,' D
Mark E. Raymond
Accepted and Approved:
TOWN OF GULF STREAM,
r
FLORIDA
// _
Its: 7,Pfayor
Date: April 28, 2011
BETSY LINDSAY
CONTRACT
NON-EXCLUSIVE PROFESSIONAL MUNICIPAL SURVEYING AND MAPPING
SERVICES AGREEMENT FOR CONTINUING SERVICES
THIS AGREEMENT, entered into this 3" day of /M a 2011 by and
between THE TOWN OF GULF STREAM, a political subdivision of the State of Florida,
hereinafter referred to as the "TOWN", and BETSY LINDSAY, INC., a Florida Corporation,
hereinafter referred to as the "SURVEYOR".
WITNESSETH
That the TOWN and the SURVEYOR, in consideration of their mutual covenants, herein
agree with respect to the performance of professional Surveying services by the SURVEYOR
and the payment for those services by the TOWN as set forth below and in individual Work
Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which
future Work Orders will apply.
The SURVEYOR shall provide the TOWN with professional surveying services and such
other related services as defined in specific Work Orders for each project. The SURVEYOR shall
serve as the TOWN's professional surveyor for the project as set forth in each Work Order and
shall give professional surveying services to the TOWN during the performance of the services
to be rendered. The SURVEYOR is retained by the TOWN to perform these services under this
non-exclusive continuing contract with the TOWN.
SECTION 1- PROJECT(S)
The project(s) deliverables shall be identified by the TOWN and communicated to the
SURVEYOR. The SURVEYOR services required shall be identified on individual Work Orders
prepared by the SURVEYOR and approved by the TOWN's representative. Each Work Order
will be uniquely numbered and shall be subject to the TOWN's approval prior to a Notice -to-
Proceed being issued.
Services required of the SURVEYOR for the project will be described in other
appropriate sections of this Agreement and quantified in individual Work Orders.
Survey Agreement
SECTION H - TOWN OBLIGATIONS
The TOWN agrees to provide the following material, data, or services as required in
connection with the work to be performed under this Agreement:
A. Provide the SURVEYOR with available data, drawings, surveys, right-of-way
maps, reports, and other information in the possession of the TOWN, that are pertinent
to the project and allowed to be shared.
B. The TOWN shall assist in making provisions for the SURVEYOR to enter upon
public or private property as required for the SURVEYOR to perform his services.
SECTION III - ALLOTMENT OF PROJECT WORKLOAD TO THE SELECTED
CONTINUING SURVEY SERVICE FIRM
The TOWN, through its designated Utility representative, shall, in its sole discretion,
assign work to the Continuing Survey Services Firm as appropriate. The "Master Agreement"
in no way guarantees any future work. SURVEYOR shall have no right to appeal or challenge
the TOWN'S decision regarding distribution of work.
SECTION IV - SCOPE OF SERVICES
The SURVEYOR agrees to perform all necessary professional Surveying services in
connection with the assigned project(s) as required and as set forth in the following:
A. General
1. The SURVEYOR will endeavor not to duplicate any previous work done
on any project. Before issuance of Work Order and written authorization
to proceed, the SURVEYOR shall consult with the TOWN to clarify and
define the TOWN's requirements and deliverables for the project and
review all available data.
2. The SURVEYOR shall attend meetings with the TOWN and its
representatives, upon request Meetings not included in the Work Order .
shall be treated as additional services when such meetings are related to
approved Work Orders.
3. In order to accomplish the work described under this Agreement under
the time frames and conditions set forth in this Agreement, the
SURVEYOR shall observe the following requirements:
2
Survey Agreement April 2011
a. The SURVEYOR will complete his work on the project within
the time allowed by maintaining an adequate staff of registered
Surveyors, certified operators, draftsmen, and other employees
on the work at all times.
b. The SURVEYOR shall comply with all federal, state, and local
laws applicable to this project(s). The SURVEYOR's work
product shall conform with all applicable federal, state and local
laws applicable to this project(s).
C. The SURVEYOR shall prepare all necessary sketches, drawings,
and survey documents as necessary for each project
d. The SURVEYOR shall reply in a timely manner to the TOWN's
requests for additional information related to the SURVEYOR's
work product. The SURVEYOR shall cooperate fully with the
TOWN in order that all phases of the work may be properly
scheduled and coordinated.
e. The SURVEYOR will contact all utility companies having
installations in the vicinity of the proposed work and coordinate
locations of utilities, if necessary and included on the Work
Order. The SURVEYOR shall provide the TOWN with all
obtained information relative to any required utility locations
and installations and shall show all known above and below
ground utilities on the survey work product.
The SURVEYOR shall report project status to the TOWN'S
Representative upon request and hold all drawings, calculations
and related work open to the inspection of the TOWN'S
Representative or his authorized agent at any time, upon
reasonable request.
4. The SURVEYOR shall furnish additional copies of reports, drawings,
sketches, and survey documents as required by the TOWN, but may
charge only for the actual cost of providing such copies where outsourced
and rates included in this Agreement or in the Work Order do not apply.
Survey Agreement Anrll 2011
SURVEYOR will submit request for reimbursement in a format as
directed by the TOWN's Representative. The SURVEYOR shall furnish to
the TOWN the necessary number of sets of the drawings, sketches,
survey documents and other pertinent items as set forth in individual
Work Orders. The cost of these sets of documents are not included in the
basic compensation paid to the SURVEYOR but will be paid as a direct
expense. All created documents, survey notes, field books, tracings,
drawings, sketches, survey documents, and the like including all items
furnished to the SURVEYOR by the TOWN pursuant to this Agreement,
are and shall remain the property of the TOWN, and shall be delivered to
the TOWN upon completion of the work if requested. All items prepared
by the SURVEYOR shall be created, maintained, updated, and provided
in the format as specified by the TOWN including but not limited to
Print, CADD, PDF, EXCEL, etc. Unless noted otherwise on the Work
Order, AutoCAD, Excel, Word, shall be understood to be standard
formats for CAD, Spreadsheet, and word documents.
5. The SURVEYOR acknowledges that preparation of all applicable drawings,
sketches, survey documents, and written or oral responses to all
regulatory agencies' questions about the SURVEYOR's work product, are
included within the scope of basic compensation in each particular Work
Order. Any additional work required by regulatory agencies or entity
which establish such regulations or need after the effective date of the
particular Work Order, shall be an additional service, and the TOWN
shall compensate the SURVEYOR in accordance with Section VII -
"Additional Work," of this Agreement, and in accordance with the fee
schedule in an approved Work Order.
6. Compensation to the SURVEYOR for basic services shall be in accordance
with each Work Order, as mutually agreed upon by the SURVEYOR and
the TOWN. Schedule of current hourly billing rates are included in
"Exhibit A" attached, and will be included as part of each Work Order
when approved. SURVEYOR shall provide a resource plan, time to
4
Survey Agreement April 2011
complete, and other information as needed relative to the Work Order to
support the TOWN's effective management of the TOWN's business.
SECTION V - TIME FOR COMPLETION
The time for completion of each project shall be defined in the Work Order.
SECTION VI - COMPENSATION
The TOWN agrees to pay, and the SURVEYOR agrees to accept, for services rendered
pursuant to this Agreement, fees in accordance with the following:
A. Professional Services Fee:
The basic compensation shall be agreed upon prior to issuance of each Work
Order and the work hours for each discipline, required equipment hours, and
work schedule shall be included in the Work Order.
B. Direct Payment for Additional Services:
The TOWN agrees to pay on a direct basis for services or goods provided by
others working in conjunction with the SURVEYOR, as follows:
1. Printing and Reproduction. The TOWN shall make direct payment to the
SURVEYOR for the cost of printing project plan sheets required for
project coordination. The maximum cost allowed per printed sheet
utilized for this purpose shall be set forth in the Work Order.
2. All travel expenses must be agreed to in advance by Work Order and
included therein.
SECTION VII - ADDITIONAL WORK
Additional work occurs when the TOWN requests changes after it has issued a Work
Order notice -to -proceed. Additional work shall not commence until a Work Order for the
additional work has been formally issued by the TOWN's Representative, and the additional
work shall be performed in accordance with the fee schedule set forth in Exhibit "A" or as set
forth in a supplemental Work Order.
SECTION VIII - PAYMENTS
Survey Agreement April 2011
The TOWN shall make monthly partial payments to the SURVEYOR as provided for in
the Work Order. On specific Work Orders with compensation estimated to be greater than
$25,000, a ten percent (10%) retainage shall be withheld by the TOWN until all of the
SURVEYOR's work is completely accepted by the TOWN. If work is held up on the specific
project for six months or greater due to no fault of the SURVEYOR, the SURVEYOR may
request release of the accumulated retainage.
Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified
invoices to the TOWN's Representative for review monthly. Invoices shall indicate the Work
Order and deliverables provided. The Work Order shall be divided into units of deliverables,
which shall include, but not be limited to, electronic files, reports, findings, drawings, and drafts
that must be received and accepted in writing by the TOWN's Representative prior to payment.
SECTION IX - RIGHT OF DECISIONS
All services shall be performed by the SURVEYOR to the satisfaction of the TOWN's
Representative who shall decide all questions, difficulties, and disputes of whatever nature
which may arise under or by reason of this Agreement, according to the prosecution and
fulfillment of the service hereunder, and the character, quality, amount and value thereof. The
TOWMs Representatives decision upon all claims, questions and disputes shall be final,
conclusive and binding.
Adjustments of compensation and contract time because of any major changes in the
work that might become necessary or be deemed desirable as the work progresses shall be
reviewed and approved by the TOWN's Representative prior to the SURVEYOR beginning his
work on such changes.
SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS
A. Ownership and Copyright:
Unless agreed otherwise, ownership and copyright of all reports, tracings, plans,
specifications, field books, survey information, maps, contract documents, data,
and other deliverables developed by the SURVEYOR pursuant to this
Agreement, shall be vested in the TOWN. Said materials shall be made available
by the SURVEYOR at any time upon request of the TOWN.
Agreement April
B. Reuse of Documents:
All documents, including but not limited to reports, drawings and specifications,
prepared by the SURVEYOR pursuant to this Agreement, are related to the
services described herein. They are not intended for reuse by the TOWN on any
other project. The TOWN's reuse of any document or drawing shall be at the
TOWN's own risk.
SECTION XI- NOTICES
Any notices, reports or other written communications from the SURVEYOR to the
TOWN shall be considered delivered when posted by certified mail or delivered in person to
the TOWN's Representative. Any notices, reports or other communications from the TOWN to
the SURVEYOR shall be considered delivered when posted by certified mail to the SURVEYOR
at the last address left on file with the TOWN or delivered in person to said SURVEYOR or his
authorized representative. Unless TOWN is subsequently notified otherwise, the SURVEYOR's
address shall be as shown in this Agreement.
SECTION XII- TERMINATION
Either party may terminate this Master Agreement upon seven (7) days written notice to
the other party, except that in the event the SURVEYOR terminates this agreement, such
termination shall not be effective, absent the TOWN's consent, until the SURVEYOR's
completion or partial completion, to the TOWN's satisfaction, of any Work Order in progress.
SECTION XIII - AUDIT RIGHTS
The TOWN reserves the right to audit the records of the SURVEYOR related to this
Agreement at any time during the prosecution of the work included herein and for a period of
three years after final payment is made.
SECTION XIV - SUBLETTING
The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement
without the written consent of the TOWN. When applicable and upon receipt of such consent
in writing, the SURVEYOR shall cause the names of the Surveying and surveying firms
responsible for the major portions of each separate specialty of the work to be inserted on the
7
Survey Agreement April 2011
reports or other data, including a description of their respective contribution to the work
product.
SETION XV - WARRANTY
The SURVEYOR warrants that he has not employed or retained any company or person
other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this
Agreement, and that he has not paid or agreed to pay any company or person other than a bona
fide employee working solely for the SURVEYOR any fee, commission, percentage fee, gifts or
any other considerations, contingent upon or resulting from the award or making of this
Agreement. For the SURVEYOR's breach of violation of this warranty, the TOWN shall have
the right to terminate this Agreement without liability.
SECTION XVI - DURATION OF AGREEMENT
The Master Agreement shall remain in full force and effect for a period of three years
after the date of, or until completion of all project phases of the then Work Orders in progress,
or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant
to Section XII. BY mutual agreement of both parties, this Agreement may be extended for a
period of two additional years at the discretion of the TOWN Commission.
SECTION XVII - INSURANCE
A. WORK ORDERS LESS THAN $100,000.
The SURVEYOR shall, at least ten (10) days prior to the commencement of any work
covered by a specific, approved Work Order, provide to the TOWN a certificate of commercial
general liability insurance with a reputable insurance company authorized to do business in the
State of Florida, subject to approval by the TOWN, in an amount not less than $500,000
combined single limit for bodily injury and property damage, including coverage for
premises/ operations, products/completed operations, contractual liability, and independent
contractors. The SURVEYOR shall, at least ten (10) days prior to the commencement of any
work covered by a specific approved Work Order, provide to the TOWN a certificate of
professional liability insurance with a reputable insurance company authorized to do business
in the State of Florida, subject to approval by the TOWN, in an amount not less than $1,000,000.
The SURVEYOR shall, at least ten (10) days prior to the commencement of any work covered by
Agreement April 2011
a specific approved Work Order, provide to the TOWN a certificate of business auto liability
insurance with a reputable insurance company authorized to do business in the State of Florida,
subject to approval by the TOWN, in an amount not less than $500,000 per occurrence combined
single limit for bodily injury and property damage, including coverage for owned autos and
other vehicles, hired autos and other vehicles, non -owned autos and other vehicles. The
commercial general liability and auto liability insurance policies shall name the TOWN of GULF
STREAM, a political subdivision of the State of Florida, as an additional insured. hi addition,
the SURVEYOR shall, at least ten (10) days prior to the commencement of any work covered by
a specific approved Work Order, provide to the TOWN a certificate of workers compensation
insurance, including employers liability, with a reputable insurance company authorized to do
business in the State of Florida, subject to approval by the TOWN, with a limit of $100,000 per
accident, $500,000 disease (policy limit), and $100,000 disease (each employee) in compliance
with all state and federal laws. The SURVEYOR shall provide to the TOWN at least thirty (30)
days written notice by registered mail, return receipt requested, to the TOWN's Representative,
prior to cancellation or modification of any required insurance. The SURVEYOR shall cause
any subcontractor performing any work to provide to TOWN, certificates of insurance under
the same conditions and with the same policy limits as required of the SURVEYOR.
B. WORK ORDERS GREATER THAN $100,000.
Work Orders greater than $100,000 shall not be entered into under this Agreement.
SECTION XVIII - IMDEMNIFICATION
The SURVEYOR shall indemnify and hold harmless the TOWN, and the TOWN's
officers and employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SURVEYOR and other persons employed or utilized by the
SURVEYOR in the performance of this contract.
SECTION XIX - SAFETY
9
Survey Agreement April 201
The SURVEYOR is solely responsible for any job site safety. However, in accordance
with generally accepted practices, the SURVEYOR may report any observed job site safety
violations to the TOWN and to the SURVEYOR's Representative.
SECTION XX - CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Venue for any
lawsuit brought by either party against the other party or otherwise arising out of this
Agreement shall be in Palm Beach County, Florida, or in the event of a federal jurisdiction, in
the United States District Court for the Southern District of Florida.
SECTION = - ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding between the parties
hereto, and there are no other Agreements and understandings, oral or written, with reference
to the subject matter hereof that are not merged herein and superseded hereby. No alteration,
change, or modification of the terms of this Agreement shall be valid unless made in writing
and signed by both parties hereto.
SECTION XXII - SEVERABILIT'Y
In the event any provision, section or paragraph of this Agreement is determined by a
court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not
found to be void, illegal, or unenforceable, shall remain in full force and effect.
Survey Agreement April 2011
IN WITNESS WHEREOF the parties hereto have set their hand to and executed this
Agreement this � day of 1 ' ' 0W 2011.
CONTRACTOR:
Betsy Lindsay, Inc.
208 US Hwy One -*
Tequesta, Florida 33469
(If not PRESIDENT, tach evidence of authority to sign.)
WITNESS:
TOWN:
Town of Gulf Stream
100 Sea Road
Gulf Stream, F rfda 3348
By:
In
C. Randolph, Esq., Attoey
For Leg Form and Sufhcien
�
BY:
William F. Koch, Jr., Mayor
Town of Gulf Stream
ATTEST:
Rita Taylor, Town Clerk
Town of Gulf Stream
(Town Seal)
SURVEYOR FIRM CERTIFICATE p
I, �1iLo5¢�� Lia yql, of `1� As -4 L'ta�swy.�,oC.
(corporation), hereby certify that Ii Zoe b e�� fi• L'. s�is a
Pat -5:% Z e -at of the firm and, is authorized to perform professional services in
the name, and on behalf of � <�toy Lit ,aa Sr,,y .L -1k. . I further certify that
the foregoing is consistent with the By -Laws of the said corporation, and has not been
modified or rescinded.
IN WITNESS WHEREOF, I have executed this certificate and have caused tla corporate
seal of�1 R�% S y L% k s_ L to be hereunder affixed on this 3 �L day of
I�t�� 2011.
(Seal)
er the Corporation
Agreement April 2011
EXHIBIT A - SCHEDULE OF BILLING RATES
Office Resources -
I Init. D..1.,
rlelu RBSUurO05; 1 Inst' Pofn•
(hour, mile, etc.)
($/Unit)
Principal -in -Charge
Per Hour
100.00
Project Manager
Per Hour
100.00
Project Surveyor
Per Hour
90.00
QA/QC Specialist
Per Hour
85.00
Field Crew Coordinator
Per Hour
90.00
Data Processor
Per Hour
85.00
CAD Operator - Microstation/Other
Per Hour
CAD Operator - AutoCAD
Per Hour
60.00
Data Processor
Per Hour
GIS Analyst
Per Hour
85.00
Clerical Support
Per Hour
40.00
rlelu RBSUurO05; 1 Inst' Pofn•
��Uu luiy���•�cea•in•Na. �rn� zt�
(hour, mile, etc.) ($/Unit)
Party/Crew Chief
Per Hour
GPS Operator
Per Hour
Survey Technician
Per Hour
GPS/Laser Scanner Crewman
Per Hour
GPS Operator
Per Hour
Instrument Technician
Per Hour
Quad/Off Road
Per Hour 25,00
John Boat
Air Boat
Per Hour 35. 00
Per Contract
��Uu luiy���•�cea•in•Na. �rn� zt�
CERTIFIED BY: PrintNarne Elizabeth A. Lindsay
Sd A.TTACHED FEE SCHEDULE FOR BETSY LINDSAY, TIC.
Survey Agreement April 201
(ea, hour, mile, etc.) ($/Unit)
Total Station
GPS Receiver
Pf-r Hour 40-00
Laser Scanner
Data Collector
Electronic Field Book
Crew Truck
Quad/Off Road
Per Hour 25,00
John Boat
Air Boat
Per Hour 35. 00
Per Contract
Prints (24 x 36) B&W
PER SHEET
CERTIFIED BY: PrintNarne Elizabeth A. Lindsay
Sd A.TTACHED FEE SCHEDULE FOR BETSY LINDSAY, TIC.
Survey Agreement April 201
Exhibit "A"
The Town of Gulf Stream
BETSY LINDSAY, INC.
FEE SCHEDULE 2011
Administrative Assistant
CADD Technician
Professional Land Surveyor
Project Surveyor
Survey Technician
Two Man Survey Crew
Three Man Survey Crew
Four Man Survey Crew
GPS 1 Man
GPS 2 Man
GPS 3 Man
Instrument Person w/GPS
GIS Analyst
GIS Senior Professional
Equipment
G.P.S. Equipment
Boat Rental (Small)
Boat Rental (Large)
ATV
Hydrolite & Small Boat
Expenses
Vehicle Mileage Rate
Photocopy 8 1/2 X 11
Photocopy 8 1/2 X 14
Photocopy 1 I X 17
Blueprint 24 X 36
Mylar 24 X 36
Outside Graphics
Overnight Services Federal Express, UPS
Overnight Services Federal Express, UPS
Send all correspondence
7997 SW Jack James Drive
Stuart, FL 34997
(772) 286-5753 • Fax (772) 286-5933
$ 40.00 per hour
$ 60.00 per hour
$100.00 per hour
$ 90.00 per hour
$ 85.00 per hour
$106.00 per hour
$130.00 per hour
$140.00 per hour
$120.00 per hour
$140.00 per hour
$160.00 per hour
$ 85.00 per hour
$ 85.00 per hour
$100.00 per hour
$ 40.00 per hour
$ 35.00 per hour
$ 45.00 per hour
$ 25.00 per hour
$100.00 per hour
$0.55 cents per mile
$0.05 per page
$0.07 per page
$0.10 per page
$2.50 per sheet
$15.00 per sheet
Cost+ 15 percent
$17.00 per delivery (Small)
$25.00 per delivery (Large)
208 North U.S. Highway One, #8
Tequesta, FL 33469
(561)575-5275
MILLER LEGG &
ASSOC. CONTRACT
NON-EXCLUSIVE PROFESSIONAL MUNICIPAL SURVEYING AND MAPPING
SERVICES AGREEMENT FOR CONTINUING SERVICES
THIS AGREEMENT, entered into this �� day of/✓� 2011 by and
between THE TOWN OF GULF STREAM, a political subdivision of the State of Florida,
hereinafter referred to as the "TOWN", and MILLER LEGG & ASSOCIATES, INC., a Florida
Corporation, hereinafter referred to as the "SURVEYOR".
WITNESSETH
That the TOWN and the SURVEYOR, in consideration of their mutual covenants, herein
agree with respect to the performance of professional Surveying services by the SURVEYOR
and the payment for those services by the TOWN as set forth below and in individual Work
Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which
future Work Orders will apply.
The SURVEYOR shall provide the TOWN with professional surveying services and such
other related services as defined in specific Work Orders for each project. The SURVEYOR shall
serve as the TOWN's professional surveyor for the project as set forth in each Work Order and
shall give professional surveying services to the TOWN during the performance of the services
to be rendered. The SURVEYOR is retained by the TOWN to perform these services under this
non-exclusive continuing contract with the TOWN.
SECTION 1- PROJECT(S)
The project(s) deliverables shall be identified by the TOWN and communicated to the
SURVEYOR. The SURVEYOR services required shall be identified on individual Work Orders
prepared by the SURVEYOR and approved by the TOWN's representative. Each Work Order
will be uniquely numbered and shall be subject to the TOWN's approval prior to a Notice -to-
Proceed being issued.
Services required of the SURVEYOR for the project will be described in other
appropriate sections of this Agreement and quantified in individual Work Orders.
Survey Agreement April 2011
SECTION H - TOWN OBLIGATIONS
The TOWN agrees to provide the following material, data, or services as required in
connection with the work to be performed under this Agreement:
A. Provide the SURVEYOR with available data, drawings, surveys, right-of-way
maps, reports, and other information in the possession of the TOWN, that are pertinent
to the project and allowed to be shared.
B. The TOWN shall assist in making provisions for the SURVEYOR to enter upon
public or private property as required for the SURVEYOR to perform his services.
SECTION III - ALLOTMENT OF PROJECT WORKLOAD TO THE SELECTED
CONTINUING SURVEY SERVICE FIRM
The TOWN, through its designated Utility representative, shall, in its sole discretion,
assign work to the Continuing Survey Services Firm as appropriate. The "Master Agreement'
in no way guarantees any future work. SURVEYOR shall have no right to appeal or challenge
the TOWN'S decision regarding distribution of work.
SECTION IV - SCOPE OF SERVICES
The SURVEYOR agrees to perform all necessary professional Surveying services in
connection with the assigned project(s) as required and as set forth in the following:
A. General
1. The SURVEYOR will endeavor not to duplicate any previous work done
on any project. Before issuance of Work Order and written authorization
to proceed, the SURVEYOR shall consult with the TOWN to clarify and
define the TOWN's requirements and deliverables for the project and
review all available data.
2. The SURVEYOR shall attend meetings with the TOWN and its
representatives, upon request. Meetings not included in the Work Order
shall be treated as additional services when such meetings are related to
approved Work Orders.
3. In order to accomplish the work described under this Agreement under
the time frames and conditions set forth in this Agreement, the
SURVEYOR shall observe the following requirements:
2
Survey Agreement April 2011
a. The SURVEYOR will complete his work on the project within
the time allowed by maintaining an adequate staff of registered
Surveyors, certified operators, draftsmen, and other employees
on the work at all times.
b. The SURVEYOR shall comply with all federal, state, and local
laws applicable to this project(s). The SURVEYOR's work
product shall conform with all applicable federal, state and local
laws applicable to this project(s).
C. The SURVEYOR shall prepare all necessary sketches, drawings,
and survey documents as necessary for each project.
d. The SURVEYOR shall reply in a timely manner to the TOWN's
requests for additional information related to the SURVEYOR's
work product. The SURVEYOR shall cooperate fully with the
TOWN in order that all phases of the work may be properly
scheduled and coordinated.
e. The SURVEYOR will contact all utility companies having
installations in the vicinity of the proposed work and coordinate
locations of utilities, if necessary and included on the Work
Order. The SURVEYOR shall provide the TOWN with all
obtained information relative to any required utility locations
and installations and shall show all known above and below
ground utilities on the survey work product.
f. The SURVEYOR shall report project status to the TOWN'S
Representative upon request and hold all drawings, calculations
and related work open to the inspection of the TOWN'S
Representative or his authorized agent at any time, upon
reasonable request.
4. The SURVEYOR shall furnish additional copies of reports, drawings,
sketches, and survey documents as required by the TOWN, but may
charge only for the actual cost of providing such copies where outsourced
and rates included in this Agreement or in the Work Order do not apply.
3
Survey Agreement April 2011
SURVEYOR will submit request for reimbursement in a format as
directed by the TOWN's Representative. The SURVEYOR shall furnish to
the TOWN the necessary number of sets of the drawings, sketches,
survey documents and other pertinent items as set forth in individual
Work Orders. The cost of these sets of documents are not included in the
basic compensation paid to the SURVEYOR but will be paid as a direct
expense. All created documents, survey notes, field books, tracings,
drawings, sketches, survey documents, and the like including all items
furnished to the SURVEYOR by the TOWN pursuant to this Agreement,
are and shall remain the property of the TOWN, and shall be delivered to
the TOWN upon completion of the work if requested. All items prepared
by the SURVEYOR shall be created, maintained, updated, and provided
in the format as specified by the TOWN including but not limited to
Print, CADD, PDF, EXCEL, etc. Unless noted otherwise on the Work
Order, AutoCAD, Excel, Word, shall be understood to be standard
formats for CAD, Spreadsheet, and word documents.
5. The SURVEYOR acknowledges that preparation of all applicable drawings,
sketches, survey documents, and written or oral responses to all
regulatory agencies' questions about the SURVEYOR's work product, are
included within the scope of basic compensation in each particular Work
Order. Any additional work required by regulatory agencies or entity
which establish such regulations or need after the effective date of the
particular Work Order, shall be an additional service, and the TOWN
shall compensate the SURVEYOR in accordance with Section VII -
"Additional Work," of this Agreement, and in accordance with the fee
schedule in an approved Work Order.
6. Compensation to the SURVEYOR for basic services shall be in accordance
with each Work Order, as mutually agreed upon by the SURVEYOR and
the TOWN. Schedule of current hourly billing rates are included in
"Exhibit A" attached, and will be included as part of each Work Order
when approved. SURVEYOR shall provide a resource plan, time to
Survey Agreement April 2011
complete, and other information as needed relative to the Work Order to
support the TOWN's effective management of the TOWN's business.
SECTION V - TIME FOR COMPLETION
The time for completion of each project shall be defined in the Work Order.
SECTION VI - COMPENSATION
The TOWN agrees to pay, and the SURVEYOR agrees to accept, for services rendered
pursuant to this Agreement, fees in accordance with the following:
A. Professional Services Fee:
The basic compensation shall be agreed upon prior to issuance of each Work
Order and the work hours for each discipline, required equipment hours, and
work schedule shall be included in the Work Order.
B. Direct Payment for Additional Services:
The TOWN agrees to pay on a direct basis for services or goods provided by
others working in conjunction with the SURVEYOR, as follows:
1. Printing and Reproduction. The TOWN shall make direct payment to the
SURVEYOR for the cost of printing project plan sheets required for
project coordination. The maximum cost allowed per printed sheet
utilized for this purpose shall be set forth in the Work Order.
2. All travel expenses must be agreed to in advance by Work Order and
included therein.
SECTION VII - ADDITIONAL WORK
Additional work occurs when the TOWN requests changes after it has issued a Work
Order notice -to -proceed. Additional work shall not commence until a Work Order for the
additional work has been formally issued by the TOWN's Representative, and the additional
work shall be performed in accordance with the fee schedule set forth in Exhibit "A" or as set
forth in a supplemental Work Order.
SECTION VIII - PAYMENTS
5
Survey Agreement April 2011
The TOWN shall make monthly partial payments to the SURVEYOR as provided for in
the Work Order. On specific Work Orders with compensation estimated to be greater than
$25,000, a ten percent (10%) retainage shall be withheld by the TOWN until all of the
SURVEYOR's work is completely accepted by the TOWN. If work is held up on the specific
project for six months or greater due to no fault of the SURVEYOR, the SURVEYOR may
request release of the accumulated retainage.
Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified
invoices to the TOWN's Representative for review monthly. Invoices shall indicate the Work
Order and deliverables provided. The Work Order shall be divided into units of deliverables,
which shall include, but not be limited to, electronic files, reports, findings, drawings, and drafts
that must be received and accepted in writing by the TOWN's Representative prior to payment.
SECTION IX - RIGHT OF DECISIONS
All services shall be performed by the SURVEYOR to the satisfaction of the TOWN's
Representative who shall decide all questions, difficulties, and disputes of whatever nature
which may arise under or by reason of this Agreement, according to the prosecution and
fulfillment of the service hereunder, and the character, quality, amount and value thereof. The
TOWN's Representative's decision upon all claims, questions and disputes shall be final,
conclusive and binding.
Adjustments of compensation and contract time because of any major changes in the
work that might become necessary or be deemed desirable as the work progresses shall be
reviewed and approved by the TOWN's Representative prior to the SURVEYOR beginning his
work on such changes.
SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS
A. Ownership and Copyright:
Unless agreed otherwise, ownership and copyright of all reports, tracings, plans,
specifications, field books, survey information, maps, contract documents, data,
and other deliverables developed by the SURVEYOR pursuant to this
Agreement, shall be vested in the TOWN. Said materials shall be made available
by the SURVEYOR at any time upon request of the TOWN.
6
Survey Agreement April 2011
B. Reuse of Documents:
All documents, including but not limited to reports, drawings and specifications,
prepared by the SURVEYOR pursuant to this Agreement, are related to the
services described herein. They are not intended for reuse by the TOWN on any
other project. The TOWN's reuse of any document or drawing shall be at the
TOWN's own risk.
SECTION XI- NOTICES
Any notices, reports or other written communications from the SURVEYOR to the
TOWN shall be considered delivered when posted by certified mail or delivered in person to
the TOWN's Representative. Any notices, reports or other communications from the TOWN to
the SURVEYOR shall be considered delivered when posted by certified mail to the SURVEYOR
at the last address left on file with the TOWN or delivered in person to said SURVEYOR or his
authorized representative. Unless TOWN is subsequently notified otherwise, the SURVEYOR's
address shall be as shown in this Agreement.
SECTION XII- TERMINATION
Either party may terminate this Master Agreement upon seven (7) days written notice to
the other party, except that in the event the SURVEYOR terminates this agreement, such
termination shall not be effective, absent the TOWN's consent, until the SURVEYOR's
completion or partial completion, to the TOWN's satisfaction, of any Work Order in progress.
SECTION XIII - AUDIT RIGHTS
The TOWN reserves the right to audit the records of the SURVEYOR related to this
Agreement at any time during the prosecution of the work included herein and for a period of
three years after final payment is made.
SECTION XIV - SUBLETTING
The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement
without the written consent of the TOWN. When applicable and upon receipt of such consent
in writing, the SURVEYOR shall cause the names of the Surveying and surveying firms
responsible for the major portions of each separate specialty of the work to be inserted on the
Survey Agreement April
reports or other data, including a description of their respective contribution to the work
product.
SETION XV - WARRANTY
The SURVEYOR warrants that he has not employed or retained any company or person
other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this
Agreement, and that he has not paid or agreed to pay any company or person other than a bona
fide employee working solely for the SURVEYOR any fee, commission, percentage fee, gifts or
any other considerations, contingent upon or resulting from the award or making of this
Agreement. For the SURVEYOR's breach of violation of this warranty, the TOWN shall have
the right to terminate this Agreement without liability.
SECTION XVI - DURATION OF AGREEMENT
The Master Agreement shall remain in full force and effect for a period of three years
after the date of, or until completion of all project phases of the then Work Orders in progress,
or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant
to Section XII. BY mutual agreement of both parties, this Agreement may be extended for a
period of two additional years at the discretion of the TOWN Commission.
SECTION XVII - INSURANCE
A. WORK ORDERS LESS THAN $100,000.
The SURVEYOR shall, at least ten (10) days prior to the commencement of any work
covered by a specific, approved Work Order, provide to the TOWN a certificate of commercial
general liability insurance with a reputable insurance company authorized to do business in the
State of Florida, subject to approval by the TOWN, in an amount not less than $500,000
combined single limit for bodily injury and property damage, including coverage for
premises/ operations, products/completed operations, contractual liability, and independent
contractors. The SURVEYOR shall, at least ten (10) days prior to the commencement of any
work covered by a specific approved Work Order, provide to the TOWN a certificate of
professional liability insurance with a reputable insurance company authorized to do business
in the State of Florida, subject to approval by the TOWN, in an amount not less than $1,000,000.
The SURVEYOR shall, at least ten (10) days prior to the commencement of any work covered by
Survey Agreement April 2011
a specific approved Work Order, provide to the TOWN a certificate of business auto liability
insurance with a reputable insurance company authorized to do business in the State of Florida,
subject to approval by the TOWN, in an amount not less than $500,000 per occurrence combined
single limit for bodily injury and property damage, including coverage for owned autos and
other vehicles, hired autos and other vehicles, non -owned autos and other vehicles. The
commercial general liability and auto liability insurance policies shall name the TOWN of GULF
STREAM, a political subdivision of the State of Florida, as an additional insured. In addition,
the SURVEYOR shall, at least ten (10) days prior to the commencement of any work covered by
a specific approved Work Order, provide to the TOWN a certificate of worker's compensation
insurance, including employer's liability, with a reputable insurance company authorized to do
business in the State of Florida, subject to approval by the TOWN, with a limit of $100,000 per
accident, $500,000 disease (policy limit), and $100,000 disease (each employee) in compliance
with all state and federal laws. The SURVEYOR shall provide to the TOWN at least thirty (30)
days written notice by registered mail, return receipt requested, to the TOWN's Representative,
prior to cancellation or modification of any required insurance. The SURVEYOR shall cause
any subcontractor performing any work to provide to TOWN, certificates of insurance under
the same conditions and with the same policy limits as required of the SURVEYOR.
B. WORK ORDERS GREATER THAN $100,000
Work Orders greater than $100,000 shall not be entered into under this Agreement.
SECTION XVIII - IMDEMNIFICATION
The SURVEYOR shall indemnify and hold harmless the TOWN, and the TOWN's
officers and employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SURVEYOR and other persons employed or utilized by the
SURVEYOR in the performance of this contract.
SECTION XIX - SAFETY
9
Survey Agreement April 2011
The SURVEYOR is solely responsible for any job site safety. However, in accordance
with generally accepted practices, the SURVEYOR may report any observed job site safety
violations to the TOWN and to the SURVEYOR's Representative.
SECTION XX - CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Venue for any
lawsuit brought by either party against the other party or otherwise arising out of this
Agreement shall be in Palm Beach County, Florida, or in the event of a federal jurisdiction, in
the United States District Court for the Southern District of Florida.
SECTION XXI - ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding between the parties
hereto, and there are no other Agreements and understandings, oral or written, with reference
to the subject matter hereof that are not merged herein and superseded hereby. No alteration,
change, or modification of the terms of this Agreement shall be valid unless made in writing
and signed by both parties hereto.
SECTION NMI - SEVERABILITY
In the event any provision, section or paragraph of this Agreement is determined by a
court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not
found to be void, illegal, or unenforceable, shall remain in full force and effect.
10
Survey Agreement April 2011
IN WITNESS WHEREOF the parties hereto have set their hand to and executed this
Agreement this .0-119 day of M 2011.
CONTRACTOR:
Miller Legg & Associates, Inc.
2005 Vista Parkway, Suite 100
West Palm Beach, Florida 33411
BY: NV' -9
Michael D. Kroll, RLA
Title: Vice President & Secretary
(If not PRESIDENT, attach evidence of authority to sign.)
WITNESS:
TOWN:
Town of Gulf Stream
100 Sea Road
Gulf Stream, o 'da 48
By:
ohn C. Randolph, Esq., Attorney
For Legal orm and Sufficiency
William F. Koch, Jr., Mayor
Town of Gulf Stream
ATTEST: t
Rita Taylor, Town Clerk
Town of Gulf Stream
(Town Seal)
SURVEYOR FIRM CERTIFICATE
I, Michael D. Kroll, RLA of Miller Legg
(corporation), hereby certify that Margarita Weidener, PSM is a
Prof. Surveyor & Mapper of the firm and, is authorized to perform professional services in
the name, and on behalf of Miller Lege . I further certify that
the foregoing is consistent with the By -Laws of the said corporation, and has not been
modified or rescinded.
IN WITNESS WHEREOF, I have executed this certificate and have caused the corporate
seal of Miller Legg to be hereunder affixed on this 5th day of
May 2011.
(Seal) MOO
Secretary (Eiet of the Corporati
Survey Agreement
EXHIBIT A - SCHEDULE OF BILLING RATES
Office Resources:
Unit: Rate:
Field Resources: Unit: Rate:
(hour, mile, etc.)
($/Unit)
Principal -in -Charge
Per Hour
200
Project Manager
Per Hour
150
Project Surveyor
Per Hour
110
QA/QC Specialist
Per Hour
200
Field Crew Coordinator
Per Hour
90
Data Processor
Per Hour
80
CAD Operator - Microstation/Other
Per Hour
90
CAD Operator - AutoCAD
Per Hour
90
Data Processor
Per Hour
80
GIS Analyst
Per Hour
120
Clerical Support
Per Hour
60
Field Resources: Unit: Rate:
Equipment Resources: Unit: Rate:
(hour, mile, etc.)
($/Unit)
Party/Crew Chief
Per Hour
85
GPS Operator
Per Hour
50
Survey Technician
Per Hour
80
GPS/Laser Scanner Crewman
Per Hour
50
GPS Operator
Per Hour
50
Instrument Technician
Per Hour
50
Day
$300
John Boat
Day
$100
Air Boat
Equipment Resources: Unit: Rate:
CERTIFIED BY: IIVU Print Name Michael D. Kroll, RLA
Page 1 of 2
12
Survey Agreement April 2011
(ea, hour, mile, etc.)
($/Unit)
Total Station
NIA
GPS Receiver
Laser Scanner
Day
$1,500
Data Collector
N/A
Electronic Field Book
N/A
Crew Truck
N/A
Quad/Off Road
Day
$300
John Boat
Day
$100
Air Boat
Da
$500
Prints (24 x 361 q
PER SHEET
$2.50
CERTIFIED BY: IIVU Print Name Michael D. Kroll, RLA
Page 1 of 2
12
Survey Agreement April 2011
MILLER���EGG
2011 RATE SCHEDULE
Professional Services Hourly Rate
Surveyor 1
$
90
Surveyor II
$
100
Surveyor III
$
110
Senior Surveyor
$
150
2 -Person Survey Crew
$
135
3 -Person Survey Crew
$
165
4 -Person Survey Crew
$
195
2 -Person Senior Survey Crew
$
145
3 -Person Senior Survey Crew
$
175
Sub Surface Utility Engineering Rate
Designation (Utility Location) $1,240/Day
Test Holes (Minimum of 6)
Soft Surface (A) $ 250/ea.
Hard Surface (A) $ 450/ea.
Out -of -Pocket Expenses Cost + 15%
(A) If less than 6 test holes, a $500 mobilization fee will apply.
NOTE: These rates are subject to change after Dec 31, 2011.
Page 2of2
AVIROM & ASSOC.
CONTRACT
NON-EXCLUSIVE PROFESSIONAL MUNICIPAL SURVEYING AND MAPPING
SERVICES AGREEMENT FOR CONTINUING SERVICES
THIS AGREEMENT, entered into this '9T* day ofM�� 2011 by and
between THE TOWN OF GULF STREAM, a political subdivision of the State of Florida,
hereinafter referred to as the "TOWN", and AVIROM & ASSOCIATES, INC., a Florida
Corporation, hereinafter referred to as the "SURVEYOR".
WITNESSETH
That the TOWN and the SURVEYOR, in consideration of their mutual covenants, herein
agree with respect to the performance of professional Surveying services by the SURVEYOR
and the payment for those services by the TOWN as set forth below and in individual Work
Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which
future Work Orders will apply.
The SURVEYOR shall provide the TOWN with professional surveying services and such
other related services as defined in specific Work Orders for each project. The SURVEYOR shall
serve as the TOWN's professional surveyor for the project as set forth in each Work Order and
shall give professional surveying services to the TOWN during the performance of the services
to be rendered. The SURVEYOR is retained by the TOWN to perform these services under this
non-exclusive continuing contract with the TOWN.
SECTION 1- PROJECT(S)
The project(s) deliverables shall be identified by the TOWN and communicated to the
SURVEYOR. The SURVEYOR services required shall be identified on individual Work Orders
prepared by the SURVEYOR and approved by the TOWN's representative. Each Work Order
will be uniquely numbered and shall be subject to the TOWN's approval prior to a Notice -to-
Proceed being issued.
Services required of the SURVEYOR for the project will be described in other
appropriate sections of this Agreement and quantified in individual Work Orders.
Survey Agreement
SECTION II - TOWN OBLIGATIONS
The TOWN agrees to provide the following material, data, or services as required in
connection with the work to be performed under this Agreement:
A. Provide the SURVEYOR with available data, drawings, surveys, right-of-way
maps, reports, and other information in the possession of the TOWN, that are pertinent
to the project and allowed to be shared.
B. The TOWN shall assist in making provisions for the SURVEYOR to enter upon
public or private property as required for the SURVEYOR to perform his services.
SECTION III - ALLOTMENT OF PROJECT WORKLOAD TO THE SELECTED
CONTINUING SURVEY SERVICE FIRM
The TOWN, through its designated Utility representative, shall, in its sole discretion,
assign work to the Continuing Survey Services Firm as appropriate. The "Master Agreement"
in no way guarantees any future work. SURVEYOR shall have no right to appeal or challenge
the TOWN'S decision regarding distribution of work.
SECTION IV - SCOPE OF SERVICES
The SURVEYOR agrees to perform all necessary professional Surveying services in
connection with the assigned project(s) as required and as set forth in the following:
A. General
1. The SURVEYOR will endeavor not to duplicate any previous work done
on any project Before issuance of Work Order and written authorization
to proceed, the SURVEYOR shall consult with the TOWN to clarify and
define the TOWN's requirements and deliverables for the project and
review all available data.
2. The SURVEYOR shall attend meetings with the TOWN and its
representatives, upon request. Meetings not included in the Work Order
shall be treated as additional services when such meetings are related to
approved Work Orders.
3. In order to accomplish the work described under this Agreement under
the time frames and conditions set forth in this Agreement, the
SURVEYOR shall observe the following requirements:
2
Survey Agreement April 2011
a. The SURVEYOR will complete his work on the project within
the time allowed by maintaining an adequate staff of registered
Surveyors, certified operators, draftsmen, and other employees
on the work at all times.
b. The SURVEYOR shall comply with all federal, state, and local
laws applicable to this project(s). The SURVEYOR's work
product shall conform with all applicable federal, state and local
laws applicable to this project(s).
C. The SURVEYOR shall prepare all necessary sketches, drawings,
and survey documents as necessary for each project.
d. The SURVEYOR shall reply in a timely manner to the TOWN's
requests for additional information related to the SURVEYOR's
work product. The SURVEYOR shall cooperate fully with the
TOWN in order that all phases of the work may be properly
scheduled and coordinated.
e. The SURVEYOR will contact all utility companies having
installations in the vicinity of the proposed work and coordinate
locations of utilities, if necessary and included on the Work
Order. The SURVEYOR shall provide the TOWN with all
obtained information relative to any required utility locations
and installations and shall show all known above and below
ground utilities on the survey work product.
f. The SURVEYOR shall report project status to the TOWN'S
Representative upon request and hold all drawings, calculations
and related work open to the inspection of the TOWN'S
Representative or his authorized agent at any time, upon
reasonable request.
4. The SURVEYOR shall furnish additional copies of reports, drawings,
sketches, and survey documents as required by the TOWN, but may
charge only for the actual cost of providing such copies where outsourced
and rates included in this Agreement or in the Work Order do not apply.
3
Survey Agreement April 2011
SURVEYOR will submit request for reimbursement in a format as
directed by the TOWN's Representative. The SURVEYOR shall furnish to
the TOWN the necessary number of sets of the drawings, sketches,
survey documents and other pertinent items as set forth in individual
Work Orders. The cost of these sets of documents are not included in the
basic compensation paid to the SURVEYOR but will be paid as a direct
expense. All created documents, survey notes, field books, tracings,
drawings, sketches, survey documents, and the like including all items
furnished to the SURVEYOR by the TOWN pursuant to this Agreement,
are and shall remain the property of the TOWN, and shall be delivered to
the TOWN upon completion of the work if requested. All items prepared
by the SURVEYOR shall be created, maintained, updated, and provided
in the format as specified by the TOWN including but not limited to
Print, CADD, PDF, EXCEL, etc. Unless noted otherwise on the Work
Order, AutoCAD, Excel, Word, shall be understood to be standard
formats for CAD, Spreadsheet, and word documents.
5. The SURVEYOR acknowledges that preparation of all applicable drawings,
sketches, survey documents, and written or oral responses to all
regulatory agencies' questions about the SURVEYOR's work product, are
included within the scope of basic compensation in each particular Work
Order. Any additional work required by regulatory agencies or entity
which establish such regulations or need after the effective date of the
particular Work Order, shall be an additional service, and the TOWN
shall compensate the SURVEYOR in accordance with Section VII -
"Additional Work," of this Agreement, and in accordance with the fee
schedule in an approved Work Order.
6. Compensation to the SURVEYOR for basic services shall be in accordance
with each Work Order, as mutually agreed upon by the SURVEYOR and
the TOWN. Schedule of current hourly billing rates are included in
"Exhibit A" attached, and will be included as part of each Work Order
when approved. SURVEYOR shall provide a resource plan, time to
4
Survey Agreement April 2011
complete, and other information as needed relative to the Work Order to
support the TOWN's effective management of the TOWN's business.
SECTION V - TIME FOR COMPLETION
The time for completion of each project shall be defined in the Work Order.
SECTION VI - COMPENSATION
The TOWN agrees to pay, and the SURVEYOR agrees to accept, for services rendered
pursuant to this Agreement, fees in accordance with the following:
A. Professional Services Fee:
The basic compensation shall be agreed upon prior to issuance of each Work
Order and the work hours for each discipline, required equipment hours, and
work schedule shall be included in the Work Order.
B. Direct Payment for Additional Services:
The TOWN agrees to pay on a direct basis for services or goods provided by
others working in conjunction with the SURVEYOR, as follows:
1. Printing and Reproduction. The TOWN shall make direct payment to the
SURVEYOR for the cost of printing project plan sheets required for
project coordination. The maximum cost allowed per printed sheet
utilized for this purpose shall be set forth in the Work Order.
2. All travel expenses must be agreed to in advance by Work Order and
included therein.
SECTION VII - ADDITIONAL WORK
Additional work occurs when the TOWN requests changes after it has issued a Work
Order notice -to -proceed. Additional work shall not commence until a Work Order for the
additional work has been formally issued by the TOWN's Representative, and the additional
work shall be performed in accordance with the fee schedule set forth in Exhibit "A" or as set
forth in a supplemental Work Order.
SECTION VIII - PAYMENTS
5
Survey Agreement April 2011
The TOWN shall make monthly partial payments to the SURVEYOR as provided for in
the Work Order. On specific Work Orders with compensation estimated to be greater than
$25,000, a ten percent (10%) retainage shall be withheld by the TOWN until all of the
SURVEYOR's work is completely accepted by the TOWN. If work is held up on the specific
project for six months or greater due to no fault of the SURVEYOR, the SURVEYOR may
request release of the accumulated retainage.
Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified
invoices to the TOWN's Representative for review monthly. Invoices shall indicate the Work
Order and deliverables provided. The Work Order shall be divided into units of deliverables,
which shall include, but not be limited to, electronic files, reports, findings, drawings, and drafts
that must be received and accepted in writing by the TOWN's Representative prior to payment
SECTION DC - RIGHT OF DECISIONS
All services shall be performed by the SURVEYOR to the satisfaction of the TOWN's
Representative who shall decide all questions, difficulties, and disputes of whatever nature
which may arise under or by reason of this Agreement, according to the prosecution and
fulfillment of the service hereunder, and the character, quality, amount and value thereof. The
TOWN's Representative's decision upon all claims, questions and disputes shall be final,
conclusive and binding.
Adjustments of compensation and contract time because of any major changes in the
work that might become necessary or be deemed desirable as the work progresses shall be
reviewed and approved by the TOWN's Representative prior to the SURVEYOR beginning his
work on such changes.
SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS
A. Ownership and Copyright:
Unless agreed otherwise, ownership and copyright of all reports, tracings, plans,
specifications, field books, survey information, maps, contract documents, data,
and other deliverables developed by the SURVEYOR pursuant to this
Agreement, shall be vested in the TOWN. Said materials shall be made available
by the SURVEYOR at any time upon request of the TOWN.
6
Survey Agreement April 2011
B. Reuse of Documents:
All documents, including but not limited to reports, drawings and specifications,
prepared by the SURVEYOR pursuant to this Agreement, are related to the
services described herein. They are not intended for reuse by the TOWN on any
other project. The TOWN's reuse of any document or drawing shall be at the
TOWN's own risk.
SECTION XI- NOTICES
Any notices, reports or other written communications from the SURVEYOR to the
TOWN shall be considered delivered when posted by certified mail or delivered in person to
the TOWN's Representative. Any notices, reports or other communications from the TOWN to
the SURVEYOR shall be considered delivered when posted by certified mail to the SURVEYOR
at the last address left on file with the TOWN or delivered in person to said SURVEYOR or his
authorized representative. Unless TOWN is subsequently notified otherwise, the SURVEYOR's
address shall be as shown in this Agreement.
SECTION XII- TERMINATION
Either party may terminate this Master Agreement upon seven (7) days written notice to
the other party, except that in the event the SURVEYOR terminates this agreement, such
termination shall not be effective, absent the TOWN's consent, until the SURVEYOR's
completion or partial completion, to the TOWN's satisfaction, of any Work Order in progress.
SECTION XIII - AUDIT RIGHTS
The TOWN reserves the right to audit the records of the SURVEYOR related to this
Agreement at any time during the prosecution of the work included herein and for a period of
three years after final payment is made.
SECTION XIV - SUBLETTING
The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement
without the written consent of the TOWN. When applicable and upon receipt of such consent
in writing, the SURVEYOR shall cause the names of the Surveying and surveying firms
responsible for the major portions of each separate specialty of the work to be inserted on the
Survey Agreement April 2011
reports or other data, including a description of their respective contribution to the work
product.
SETION XV - WARRANTY
The SURVEYOR warrants that he has not employed or retained any company or person
other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this
Agreement, and that he has not paid or agreed to pay any company or person other than a bona
fide employee working solely for the SURVEYOR any fee, commission, percentage fee, gifts or
any other considerations, contingent upon or resulting from the award or making of this
Agreement. For the SURVEYOR's breach of violation of this warranty, the TOWN shall have
the right to terminate this Agreement without liability.
SECTION XVI - DURATION OF AGREEMENT
The Master Agreement shall remain in full force and effect for a period of three years
after the date of, or until completion of all project phases of the then Work Orders in progress,
or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant
to Section XII. BY mutual agreement of both parties, this Agreement may be extended for a
period of two additional years at the discretion of the TOWN Commission.
SECTION XVII - INSURANCE
A. WORK ORDERS LESS THAN $100,000.
The SURVEYOR shall, at least ten (10) days prior to the commencement of any work
covered by a specific, approved Work Order, provide to the TOWN a certificate of commercial
general liability insurance with a reputable insurance company authorized to do business in the
State of Florida, subject to approval by the TOWN, in an amount not less than $500,000
combined single limit for bodily injury and property damage, including coverage for
premises/ operations, products/completed operations, contractual liability, and independent
contractors. The SURVEYOR shall, at least ten (10) days prior to the commencement of any
work covered by a specific approved Work Order, provide to the TOWN a certificate of
professional liability insurance with a reputable insurance company authorized to do business
in the State of Florida, subject to approval by the TOWN, in an amount not less than $1,000,000.
The SURVEYOR shall, at least ten (10) days prior to the commencement of any work covered by
8
Survey Agreement April 2011
a specific approved Work Order, provide to the TOWN a certificate of business auto liability
insurance with a reputable insurance company authorized to do business in the State of Florida,
subject to approval by the TOWN, in an amount not less than $500,000 per occurrence combined
single limit for bodily injury and property damage, including coverage for owned autos and
other vehicles, hired autos and other vehicles, non -owned autos and other vehicles. The
commercial general liability and auto liability insurance policies shall name the TOWN of GULF
STREAM, a political subdivision of the State of Florida, as an additional insured. In addition,
the SURVEYOR shall, at least ten (10) days prior to the commencement of any work covered by
a specific approved Work Order, provide to the TOWN a certificate of worker's compensation
insurance, including employer's liability, with a reputable insurance company authorized to do
business in the State of Florida, subject to approval by the TOWN, with a limit of $100,000 per
accident, $500,000 disease (policy limit), and $100,000 disease (each employee) in compliance
with all state and federal laws. The SURVEYOR shall provide to the TOWN at least thirty (30)
days written notice by registered mail, return receipt requested, to the TOWN's Representative,
prior to cancellation or modification of any required insurance. The SURVEYOR shall cause
any subcontractor performing any work to provide to TOWN, certificates of insurance under
the same conditions and with the same policy limits as required of the SURVEYOR.
B. WORK ORDERS GREATER THAN $100,000.
Work Orders greater than $100,000 shall not be entered into under this Agreement.
SECTION XVIII - IMDEMNIFICATION
The SURVEYOR shall indemnify and hold harmless the TOWN, and the TOWN's
officers and employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SURVEYOR and other persons employed or utilized by the
SURVEYOR in the performance of this contract.
SECTION XIX - SAFETY
9
Survey Agreement April 2011
The SURVEYOR is solely responsible for any job site safety. However, in accordance
with generally accepted practices, the SURVEYOR may report any observed job site safety
violations to the TOWN and to the SURVEYOR's Representative.
SECTION XX - CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Venue for any
lawsuit brought by either party against the other party or otherwise arising out of this
Agreement shall be in Palm Beach County, Florida, or in the event of a federal jurisdiction, in
the United States District Court for the Southern District of Florida.
SECTION XXI - ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding between the parties
hereto, and there are no other Agreements and understandings, oral or written, with reference
to the subject matter hereof that are not merged herein and superseded hereby. No alteration,
change, or modification of the terms of this Agreement shall be valid unless made in writing
and signed by both parties hereto.
SECTION XXII - SEVERABILITY
In the event any provision, section or paragraph of this Agreement is determined by a
court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not
found to be void, illegal, or unenforceable, shall remain in full force and effect.
10
Survey Agreement April 2011
IN WITNESS WHEREOF the parties hereto have set their hand to and executed this
Agreement this y� day of
2011.
CONTRACTOR:
Avirom & Associates, Inc.
50 SW 2nd Avenue
Boca Raton, Florida 33432
BY:�
Title: �rt 6figGwT
(if not PRESIDENT, attach evidence of authority to sign.)
WITNESS:C,Q Cf
SURVEYOR FIRM CERTIFICATE
TOWN:
Town of Gulf Stream
100 Sea Road
Gulf eam, Florida 83
By:
//John C. Rand 1ph, Esq., Attorney
ForLegalForm and Sufficiency
�jJ
BY:
William F. Koch, Jr., Mayor
Town of Gulf Stream
ATTEST: /�l.t/lw
C
Rita Taylor, Town Clerk
Town of Gulf Stream
(Town Seal)
L Michael D. Avirom of Avirom & Associates, Inc.
(corporation), hereby certify that Michael D. Avirom is a
officer of the firm and, is authorized to perform professional services in
the name, and on behalf of Avirom & Associates, Inc. . I further certify that
the foregoing is consistent with the By -Laws of the said corporation, and has not been
modified or rescinded.
IN WITNESS WHEREOF, I have executed this certificate and have caused the corporate
seal of Avirom & Associates, Inc, to be hereunder affixed on this 4th day of
May 2011.
(Seal)
%/ Clerk of the Corporation
EXHIBIT A - SCHEDULE OF BILLING RATES
Unit:
Office Resources:
Unit:
Rate:
($/Unit)
125.00
(hour, mile, etc.)
($/Unit)
Principal -in -Charge
Per Hour
150.00
Project Manager
Per Hour
N/A
Project Surveyor
Per Hour
100.00
QA/QC Specialist
Per Hour
N/A
Field Crew Coordinator
Per Hour
N/A
Data Processor
Per Hour
N/A
CAD Operator - Microstation/Other
Per Hour
N/A
CAD Operator - AutoCAD
Per Hour
85.00
Data Processor
Per Hour
N/A
GIS Analyst
Per Hour
N/A
Clerical Support
Per Hour
an nn
Field Resources:
Unit:
Rate:
Party/Crew Chief Field Crew
(hour, mile, etc.)
Per Hour
($/Unit)
125.00
GPS Operator GPS Crew
Per Hour
150.00
Survey Technician
GPS/Laser Scanner Crewman
GPS Operator
Instrument Technician
Per Hour
Per Hour
Per Hour
Per Hour
N/A
N/A
N/A
N/A
included
above
Laser Scanner
Equipment Resources:
above
Data Collector
CERTIFIED BY:,
.agreement
t Name Michael D. Avirom
(ea, hour, mile, etc.) ($/Unit)
Total Station
included
above
GPS Receiver
included
above
Laser Scanner
included
above
Data Collector
included
above
Electronic Field Book
included
above
Crew Truck
Quad/Off Road
included
above
included
above
John Boat
Air Boat
included
above
included
above
Prints (24 x 36) B4W
PER SHFFT I a? nn/-,
--,
CERTIFIED BY:,
.agreement
t Name Michael D. Avirom
FPL EMAILS ON
PROJECT PROCESS
Danny Brannon
From: Lehr, John <John.Lehr@fpl.com>
Sent: Wednesday, January 04, 2012 9:23 AM
To: Danny Brannon
Subject: -Town of Gulf -Stream - Town Area - N/O Pelican Ln. - Ballpark Response
Attachments: Town of Gulfstream _ N-0 Pelican Ln Ballpark requ. 1-12 .pdf
Danny,
Please see the attachment for the revised Gulf Stream ballpark request.
Thanks!
John C. Lehr, Jr.
Project Manager - Distribution
FPL
(0) 561.640.2615
Danny Brannon
From: Lehr, John <John.Lehr@fpl.com>
Sent: Thursday, February 02, 2012 5:19 PM
To: Danny Brannon
Cc: Williams, Ethel
Subject: Town of Gulf Stream - Eng. Deposit
Attachments: image001jpg; image003jpg; Town of Gulf Stream eng deposit - Phs 12-12.pdf
Danny
FYI, Attached is the invoice for the non-refundable eng. deposit for the Gulf Stream Conversion project.
John C. Lehr, Jr.
Project Manager -Distribution
FPL
(0)561.640.2615
From: Danny Brannon [mailto:dbrannonColbnoenaineers com1
Sent: Thursday, January 12, 2012 5:42 PM
To: Lehr, John
Subject: RE: Town of Gulf Stream - Ballpark Estimate
Please send us the Payment Coupon for the Engineering Deposit.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEneineers.com
From: Lehr, John [mallto:John.Lehr(alfoI.coml
Sent: Monday, January 09, 2012 10:07 AM
To: Danny Brannon
Subject: Town of Gulf Stream - Ballpark Estimate
Danny,
FYI, Please see the attached file.
John C. Lehr, Jr.
Project Manager - Distribution
FPL
(0) 561.640.2615
Danny Brannon
From:
Danny Brannon <dbrannon@bngengineers.com>
Sent:
Wednesday, March 14, 201210:07 AM
To:
John Lehr Gohn_lehr@FPLcom)
Subject:
Resending Surveys for Gulf Stream
Attachments:
09-213 DPB PROJECT PHASE 1 rev 10-19-2011.pdf
See attached concept with survey and existing utility data
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
Danny Brannon
From: Danny Brannon <dbrannon@bngengineers.com>
Sent: Tuesday, May 01, 2012 3:28 PM
To: 'Bonnoront, Mark'
Subject: RE: Town of Gulf Stream - FPL Designer
Mark,
Can you come to our office this week to pick up the cad files and discuss where you are?
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795 -0833 -Cell: (561) 307-9454
Website: www.BnGEngineers.com
From: Bonnoront, Mark[mailto:Mark.BonnorontCafol.coml
Sent: Tuesday, April 24, 2012 3:54 PM
To: Danny Brannon
Cc: Lehr, John
Subject: RE: Town of Gulf Stream - FPL Designer
Please save Autocad files In 2009 format.
Thanks
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mork.bonnoront@fpl.com
From: Lehr, John
Sent: Tuesday, April 24, 2012 3:46 PM
To: Danny Brannon
Cc: 'Bill Thrasher'; Bonnoront, Mark; Williams, Ethel; Martin, Kyle
Subject: Town of Gulf Stream - FPL Designer
Danny,
FYI . ................ As we discussed, the designer / engineer for the project is as follows:
• Mark Bonnoront
• 6001 Village Boulevard
• West Palm Beach, FL 33407
0 (561)640-2587
Also, regarding the pdfs for the project, can you forward on the files in AutoCAD?
Thanksl
John C. Lehr, Jr.
Project Manager - Distribution
FPL
(0)561.640.2615
From: Danny Brannon rmailto:dbrannonCalbncenaineers.comi
Sent: Friday, April 20, 2012 7:40 AM
To: Lehr, John
Cc: 'Bill Thrasher'
Subject: FW:
Can you provide an update as to when the FPL engineer will contact me and get started on this work.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
From: Bill Thrasher [malito:bthrasherColculf-stream.orcl
Sent: Friday, April 20, 2012 7:07 AM
To: Danny Brannon
Subject: RE:
Danny, please give me a report about the FPL recent update concerning recently identified contact point. What does this mean? What can
we expect? Where do we go from here?
--Original Message—
From: Danny Brannon rmailto:dbrannon(a bngeneineers coml
Sent: Tue 4/17/2012 7:43 PM
To: Bill Thrasher
Subject: RE:
I met with the AT&T engineer today in my office. They have brought in a
contract engineer who will be dedicated to this work. It should start moving
quickly.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414.4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: <httn://www.bnnensineers.com/> www.BnGEngineers.com
From: Bill Thrasher [mailto:bthrasher(a).eulf-stream.orel
Sent: Monday, April 16, 2012 5:10 PM
To: Danny Brannon
Subject:
Danny, could you resend to me the time line chart that you prepared
recently. I want to forward that to an architect.
Thanks,
m
William H. Thrasher, ICMA-CM, CGFO, CGFM
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Office 561.276.5116 ? Fax 561.737.0188
Direct e-mail: bthrasher(a gulf-stream.org
Danny Brannon
From: Bonnoront, Mark <Mark.Bonnoront@fpl.com>
Sent: Tuesday, May 01, 2012 4:14 PM
To: Danny Brannon
Subject: RE: Town of Gulf Stream - FPL Designer
Attachments: image001.jpg; image002jpg
I am free tomorrow. Just let me know a time I can stop by.
Thanks
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark.bonnoront@f pl.com
From: Danny Brannon [mailto:dbrannonralbnaenoineers.coml
Sent: Tuesday, May 01, 2012 3:28 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
Mark,
Can you come to our office this week to pick up the cad files and discuss where you are?
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BriGEngineers.com
From: Bonnoront, Mark [mailto: Mark. Bonnoront(afDl coml
Sent: Tuesday, April 24, 2012 3:54 PM
To: Danny Brannon
Cc: Lehr, John
Subject: RE: Town of Gulf Stream - FPL Designer
Please save Autocad files in 2009 format.
Thanks
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
rnark.bonnoront@fpl.com
From: Lehr, John
Sent: Tuesday, April 24, 2012 3:46 PM
To: Danny Brannon
Cc: 'Bill Thrasher'; Bonnoront, Mark; Williams, Ethel; Martin, Kyle
Subject: Town of Gulf Stream - FPL Designer
Danny,
FYI . ................ As we discussed, the designer / engineer for the project is as follows:
• Mark Bonnoront
• 6001 Village Boulevard
• West Palm Beach, FL 33407
• (561)640-2587
Also, regarding the pelf's for the project, can you forward on the files in AutoCAD?
Thanks!
John C. Lehr, Jr.
Project Manager - Distribution
FPL
(0)561.640.2615
From: Danny Brannon [mailto:dbrannonCa)bnaenoineers.coml
Sent: Friday, April 20, 2012 7:40 AM
To: Lehr, John
Cc: 'Bill Thrasher'
Subject: FW:
Can you provide an update as to when the FPL engineer will contact me and get started on this work.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEnzineers.com
From: Bill Thrasher [mailto:bthrasherColgulf-stream.orol
Sent: Friday, April 20, 2012 7:07 AM
To: Danny Brannon
Subject: RE:
9
Danny, please give me a report about the FPL recent update concerning recently identified contact point. What does this mean? What can
we expect? Where do we go from here?
—Original Message—
From: Danny Brannon [mailto:dbrannonAbneeneineers.coml
Sent: Toe 4/17/2012 7:43 PM
To: Bill Thrasher
Subject: RE:
I met with the AT&T engineer today in my office. They have brought in a
contract engineer who will be dedicated to this work. It should start moving
quickly.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: <htto://www.bngengineers.com/> www.BnGEncineers.com
From: Bill Thrasher[mailto:bthrasher(aleulf-stream.orel
Sent: Monday, April 16, 2012 5:10 PM
To: Danny Brannon
Subject:
Danny, could you resend to me the time line chart that you prepared
recently. I want to forward that to an architect.
Thanks,
IM
William H. Thrasher, ICMA-CM, CGFO, CGFM
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Office 561.276.5116 ? Fax 561.737.0188
10
Direct e-mail: bthrasher(asulf-stream.ore
11
Danny Brannon
From: Bonnoront, Mark <Mark.Bonnoront@fpl.com>
Sent: Thursday, May 03, 2012 6:51 AM
To: Danny Brannon
Subject: RE: Town of Gulf Stream - FPL Designer
Attachments: image001jpg;image003jpg;image005jpg
If you do not mind I would like to have the remaining sheets
Thanks for your time yesterday.
Mark
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mork.bonnoront@fpl.com
From: Danny Brannon [mailto:dbrannon@bngengineers.com]
Sent: Wednesday, May 02, 2012 4:26 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
File two ... maybe two are enough to see what we typically do. If you want the other 3, let me know.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
From: Bonnoront, Mark [mailto:Mark. Bonnoront@fpl.com]
Sent: Wednesday, May 02, 2012 7:00 AM
To: Danny Brannon
Subject: RE: Town of Gulf Stream - FPL Designer
Sounds good. See you then.
Mark
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark.bonnoront@fplcom
12
From: Danny Brannon [mailto:dbrannon@bngengineers,com]
Sent: Tuesday, May 01, 2012 5:11 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
How about 2PM?
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
From: Bonnoront, Mark [mailto:Mark.Bonnoront@fpl.com]
Sent: Tuesday, May 01, 2012 4:14 PM
To: Danny Brannon
Subject: RE: Town of Gulf Stream - FPL Designer
I am free tomorrow. Just let me know a time I can stop by.
Thanks
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark.bonnoront@fPi.com
From: Danny Brannon [mailto:dbrannon@bngengineers.com]
Sent: Tuesday, May 01, 2012 3:28 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
Mark,
Can you come to our office this week to pick up the cad files and discuss where you are?
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
From: Bonnoront, Mark [mailto:Mark.Bonnoront@fpl.com]
Sent: Tuesday, April 24, 2012 3:54 PM
To: Danny Brannon
13
Cc: Lehr, John
Subject: RE: Town of Gulf Stream - FPL Designer
Please save Autocad files in 2009 format.
Thanks
Mork Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mork.bonnoront@fol.com
From: Lehr, John
Sent: Tuesday, April 24, 2012 3:46 PM
To: Danny Brannon
Cc: 'Bill Thrasher'; Bonnoront, Mark; Williams, Ethel; Martin, Kyle
Subject: Town of Gulf Stream - FPL Designer
Danny,
FYI . ................ As we discussed, the designer / engineer for the project is as follows:
• Mark Bonnoront
• 6001 Village Boulevard
• West Palm Beach, FL 33407
• (561)640-2587
Also, regarding the pdf's for the project, can you forward on the files in AutoCAD?
Thanks!
John C. Lehr, Jr.
Project Manager - Distribution
FPL
(0)561.640.2615
From: Danny Brannon[mailto:dbrannon@bngengineers.com]
Sent: Friday, April 20, 2012 7:40 AM
To: Lehr, John
Cc: 'Bill Thrasher'
Subject: FW:
Can you provide an update as to when the FPL engineer will contact me and get started on this work.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
14
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: vwwv.BnGEngineers.com
From: Bill Thrasher (mailto:bthrasher@gulf-stream.org]
Sent: Friday, April 20, 2012 7:07 AM
To: Danny Brannon
Subject: RE:
Danny, please give me a report about the FPL recent update concerning recently identified contact point. What does this mean? What can
we expect? Where do we go from here?
--Original Message ---
From: Danny Brannon Imailto:dbrannonAbneeneineers.coml
Sent: Tue 4/17/2012 7:43 PM
To: Bili Thrasher
Subject: RE:
I met with the AT&T engineer today in my office. They have brought in a
contract engineer who will be dedicated to this work. It should start moving
quickly.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: <htto://www.bngengineers.com/> www.BnGEngineers.com
From: Bill Thrasher rmailto:bthrasher(rdttulf--stream orel
Sent: Monday, April 16, 2012 5:10 PM
To: Danny Brannon
Subject:
Danny, could you resend to me the time line chart that you prepared
recently. I want to forward that to an architect.
Thanks,
is
William H. Thrasher, ICMA-CM, CGFO, CGFM
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Office 561.276.5116 ? Fax 561.737.0188
Direct e-mail: bhrasher@gulf-stream.org
16
Danny Brannon
From: Danny Brannon <dbrannon@bngengineers.com>
Sent: Thursday, May 03, 2012 8:45 AM
To: 'Bonnoront, Mark'
Subject: RE: Town of Gulf Stream - FPL Designer
I have all this on a CD. They are large files. Could you swing by on one of your trips and pick them up?
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
From: Bonnoront, Mark [mailto:Mark.Bonnoront@fpl.com]
Sent: Thursday, May 03, 2012 8:33 AM
To: Danny Brannon
Subject: RE: Town of Gulf Stream - FPL Designer
Yes, If you have them it would save me the trouble of locating in TIS and saving them to my folder.
Thanks
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark.bonnoront@f p I.co m
From: Danny Brannon [mailto:dbrannon@bngengineers.com]
Sent: Thursday, May 03, 2012 8:27 AM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
Are you Interested in the FPL sheets also?
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
17
From: Bonnoront, Mark [mailto:Mark.Bonnoront@fpl.com]
Sent: Thursday, May 03, 2012 6:51 AM
To: Danny Brannon
Subject: RE: Town of Gulf Stream - FPL Designer
If you do not mind I would like to have the remaining sheets.
Thanks for your time yesterday.
Mark
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark.bonnoront@fpl.com
From: Danny Brannon [mailto:dbrannon@bngengineers.com]
Sent: Wednesday, May 02, 2012 4:26 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
File two ... maybe two are enough to see what we typically do. If you want the other 3, let me know.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
From: Bonnoront, Mark [malito:Mark.Bonnoront@fpl.com]
Sent: Wednesday, May 02, 2012 7:00 AM
To: Danny Brannon
Subject: RE: Town of Gulf Stream - FPL Designer
Sounds good. See you then.
Mark
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark.bonnoront@fpl.com
From: Danny Brannon [mailto:dbrannon@bngengineers.com]
Sent: Tuesday, May 01, 2012 5:11 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
18
How about 2PM?
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
From: Bonnoront, Mark [mallto:Mark.Bonnoront@fpl.com]
Sent: Tuesday, May 01, 2012 4:14 PM
To: Danny Brannon
Subject: RE: Town of Gulf Stream - FPL Designer
I am free tomorrow. lust let me know a time I can stop by.
Thanks
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark.bonnoront@fpl.com
From: Danny Brannon [mailto:dbrannon@bngengineers.com]
Sent: Tuesday, May 01, 2012 3:28 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
Mark,
Can you come to our office this week to pick up the cad files and discuss where you are?
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEnRineers.com
From: Bonnoront, Mark [mailto:Mark.Bonnoront@fpl.com]
Sent: Tuesday, April 24, 2012 3:54 PM
To: Danny Brannon
Cc: Lehr, John
Subject: RE: Town of Gulf Stream - FPL Designer
Please save Autocad files in 2009 format.
Thanks
19
Mark Bonnoront
Engineering 6 Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mork.bonnoront@fpl.com
From: Lehr, John
Sent: Tuesday, April 24, 2012 3:46 PM
To: Danny Brannon
Cc: 'Bill Thrasher'; Bonnoront, Mark; Williams, Ethel; Martin, Kyle
Subject: Town of Gulf Stream - FPL Designer
Danny,
FYI . ................ As we discussed, the designer / engineer for the project is as follows:
• Mark Bonnoront
• 6001 Village Boulevard
• West Palm Beach, FL 33407
• (561)640-2587
Also, regarding the pdfs for the project, can you forward on the files in AutoCAD?
Thanksl
John C. Lehr, Jr.
Project Manager - Distribution
FPL
(0) 561.640.2615
From: Danny Brannon [mallto:dbrannon@bngengineers.com]
Sent: Friday, April 20, 2012 7:40 AM
To: Lehr, John
Cc: 'Bill Thrasher'
Subject: FW:
Can you provide an update as to when the FPL engineer will contact me and get started on this work.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
20
From: Bill Thrasher [mailto:bthrasher@gulf-stream.org]
Sent: Friday, April 20, 2012 7:07 AM
To: Danny Brannon
Subject: RE:
Danny, please give me a report about the FPL recent update concerning recently identified contact point. What does this mean? What can
we expect? Where do we go from here?
--Original Message --
From: Danny Brannon [mailto:dbrannon(a),bngengineers.coml
Sent: Tue 4/17/2012 7:43 PM
To: Bill Thrasher
Subject: RE:
I met with the AT&T engineer today in my office. They have brought in a
contract engineer who will be dedicated to this work. It should start moving
quickly.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: <http://www.bngengineers.com/> www.BnGEngineers.com
From: Bill Thrasher [mailto:bthrasher(a)gulf-stream.orel
Sent: Monday, April 16, 2012 5:10 PM
To: Danny Brannon
Subject:
Danny, could you resend to me the time line chart that you prepared
recently. I want to forward that to an architect.
Thanks,
BT
William H. Thrasher, ICMA-CM, CGFO, CGFM
Town Manager
21
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Office 561.276.5116 ? Fax 561.737.0188
Direct e-mail: bthrasher@gulf-stream.org
22
Danny Brannon
From: Bonnoront, Mark <Mark.Bonnoront@fpl.com>
Sent: Monday, May 21, 2012 12:17 PM
To: Danny Brannon
Cc: Lehr, John
Subject: RE: Town of Gulf Stream - FPL Designer
Danny,
I am currently in the process of sizing each transformer and verifying your recommended design. In addition, I will be
running all cable (primary, secondary, and service) to the front of each lot and not the rear. This only affects your design in a
couple places.
I plan to review my design on Friday with our principle engineer. We can meet later on Friday this week?
I hope this helps.
Mark
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mork.bonnoront@fpl.com
From: Danny Brannon [mailto:dbrannon@bngengineers.com]
Sent: Friday, May 18, 2012 11:42 PM
To: Bonnoront, Mark
Cc: Lehr, John
Subject: Re: Town of Gulf Stream - FPL Designer
Disk is here. We need to meet. When can you come by?
Danny Brannon
Brannon & Gillespie, LLC
Sent via iPhone.
On May 3, 2012, at 6:50 AM, 'Bonnoront, Mark" <Mark.Bonnoront(@,ful.com> wrote:
If you do not mind I would like to have the remaining sheets.
Thanks for your time yesterday.
Mark
Mark Bonnoront
0*1
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark.bonnoront@fa I.com
From: Danny Brannon[mailto:dbrannon@bngengineers.com]
Sent: Wednesday, May 02, 2012 4:26 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
File two ... maybe two are enough to see what we typically do. If you want the other 3, let me know.
<image003.jpg>Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEnzineers.com
From: Bonnoront, Mark [mai Ito: Mark. eonnoront@fpl.com]
Sent: Wednesday, May 02, 2012 7:00 AM
To: Danny Brannon
Subject: RE: Town of Gulf Stream - FPL Designer
Sounds good. See you then.
Mark
Mark Bonnoront
Engineering & Technical Services
24
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mork.bonnoront@fpl.com
From: Danny Brannon[mailto:dbrannon@bngengineers.com]
Sent: Tuesday, May 01, 2012 5:11 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
How about 2PM?
<image003.jpg>Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEneineers.com
From: Bonnoront, Mark [ma ilto:Mark. Bonnoront@fpl.com]
Sent: Tuesday, May 01, 2012 4:14 PM
To: Danny Brannon
Subject: RE: Town of Gulf Stream - FPL Designer
I am free tomorrow. Just let me know a time I can stop by.
Thanks
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
25
561-640-2587 Work
561-670-5086 Cell
mark.bonnororit@fpl.com
From: Danny Brannon [mailto:dbrannon@bngengineers.com]
Sent: Tuesday, May 01, 2012 3:28 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
Mark,
Can you come to our office this week to pick up the cad files and discuss where you are?
<image005.jpg>Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
From: Bonnoront, Mark [mailto:Mark. Bonnoront@fpl.com]
Sent: Tuesday, April 24, 2012 3:54 PM
To: Danny Brannon
Cc: Lehr, John
Subject: RE: Town of Gulf Stream - FPL Designer
Please save Autocad files in 2009 format.
Thanks
Mark Bonnoront
Engineering & Technical Services
26
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark.bonnoront@fpl.com
From: Lehr, John
Sent: Tuesday, April 24, 2012 3:46 PM
To: Danny Brannon
Cc: 'Bill Thrasher'; Bonnoront, Mark; Williams, Ethel; Martin, Kyle
Subject: Town of Gulf stream - FPL Designer
Danny,
FYI . ................ As we discussed, the designer / engineer for the project is as follows:
• Mark Bonnoront
• 6001 Village Boulevard
• West Palm Beach, FL 33407
• (561) 640-2587
Also, regarding the pdf's for the project, can you forward on the files in AutoCAD?
Thanks!
John C. Lehr, Jr.
Project Manager - Distribution
27
FPL
(0) 561.640.2615
From: Danny Brannon [mailto:dbrannon@bngengineers.com]
Sent: Friday, April 20, 2012 7:40 AM
To: Lehr, John
Cc: 'Bill Thrasher'
Subject: FW:
Can you provide an update as to when the FPL engineer will contact me and get started on this work.
<image003.jpg>Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEneineers.com
From: Bill Thrasher [mailto:bthrasher@gulf-stream.org]
Sent: Friday, April 20, 2012 7:07 AM
To: Danny Brannon
Subject: RE:
Danny, please give me a report about the FPL recent update concerning recently identified contact point. What does this
mean? What can we expect? Where do we go from here?
--Original Message—
From: Danny Brannon rmailto:dbratmon(@,bngengineers.com
Sent: Tue 4/17/2012 7:43 PM
To: Bill Thrasher
Subject: RE:
I met with the AT&T engineer today in my office. They have brought in a
contract engineer who will be dedicated to this work. It should start moving
28
quickly.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 334144704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: <h"://www.bngengineers.com/> www.BnGEngineers.com
From: Bill Thrasher [mailto:bthrasher@gulf-stream.orel
Sent: Monday, April 16, 2012 5:10 PM
To: Danny Brannon
Subject:
Danny, could you resend to me the time line chart that you prepared
recently. I want to forward that to an architect.
Thanks,
PH
William H. Thrasher, ICMA-CM, CGFO, CGFM
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Office 561.276.5116 7 Fax 561.737.0188
Direct e-mail: bthrasherAgulf-stream ore
29
Danny Brannon
From: Bonnoront, Mark <Mark.Bonnoront@fpl.com>
Sent: Wednesday, May 23, 2012 4:06 PM
To: Danny Brannon
Cc: Lehr, John
Subject: RE: Town of Gulf Stream - FPL Designer
Attachments: image001jpg;image003jpg
Danny,
I am not quite ready to meet and review the Gulf Stream OH/UG job. I need to review with John and principal engineer
before the design is discussed. Please work with John to reschedule.
I hope this helps and sorry for the inconvenience.
Mark Bonnoront
Engineering $ Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark. bo nnoront@ fp I.com
From: Danny Brannon [mailto:dbrannon@bngengineers.com]
Sent: Monday, May 21, 2012 1:18 PM
To: Bonnoront, Mark
Cc: Lehr, John
Subject: RE: Town of Gulf Stream - FPL Designer
Let me know what time you and John will be available on Friday.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
From: Bonnoront, Mark [mailto: Mark. Bonnoront@fpl.com]
Sent: Monday, May 21, 2012 12:17 PM
To: Danny Brannon
Cc: Lehr, John
Subject: RE: Town of Gulf Stream - FPL Designer
Danny,
I am currently in the process of sizing each transformer and verifying your recommended design. In addition, I will be
running all cable (primary, secondary, and service) to the front of each lot and not the rear. This only affects your design in a
couple places.
30
I plan to review my design on Friday with our principle engineer. We can meet later on Friday this week?
I hope this helps.
Mark
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mork.bonnoront@fpl.com
From: Danny Brannon[mailto:dbrannon@bngengineers.com]
Sent: Friday, May 18, 2012 11:42 PM
To: Bonnoront, Mark
Ce: Lehr, John
Subject: Re: Town of Gulf Stream - FPL Designer
Disk is here. We need to meet. When can you come by?
Danny Brannon
Brannon & Gillespie, LLC
Sent via iPhone.
On May 3, 2012, at 6:50 AM, 'Bonnoront, Mark" <Mark.Bonnorontchi fnl.com> wrote:
If you do not mind I would like to have the remaining sheets.
Thanks for your time yesterday.
Mark
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark. b onno ro nt@ f o I.co m
31
From: Danny Brannon[mailto:dbrannon@bngengineers.com]
Sent: Wednesday, May 02, 2012 4:26 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
File two ... maybe two are enough to see what we typically do. If you want the other 3, let me know.
<image003 jpg>Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.Com
From: Bonnoront, Mark [mailto:Mark. Bonnoront@fpl.com]
Sent: Wednesday, May 02, 2012 7:00 AM
To: Danny Brannon
Subject: RE: Town of Gulf Stream - FPL Designer
Sounds good. See you then.
Mark
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark.bonnoront@fol.com
32
From: Danny Brannon [mailto:dbrannon@bngengineers.com]
Sent: Tuesday, May 01, 2012 5:11 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
How about 2PM?
<image003 Jpg>Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
From: Bonnoront, Mark [mailto: Mark. Bonnoront@fpl.com]
Sent: Tuesday, May 01, 2012 4:14 PM
To: Danny Brannon
Subject: RE: Town of Gulf Stream - FPL Designer
I am free tomorrow. Just let me know a time I can stop by.
Thanks
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mark.bonnoront@fpi.com
33
From: Danny Brannon [mailto:dbrannon@bngengineers.com]
Sent: Tuesday, May 01, 2012 3:28 PM
To: Bonnoront, Mark
Subject: RE: Town of Gulf Stream - FPL Designer
Mark,
Can you come to our office this week to pick up the cad files and discuss where you are?
<image005.jpg>Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEneineers.com
From: Bonnoront, Mark [mailto: Mark. Bonnoront@fpl.com]
Sent: Tuesday, April 24, 2012 3:54 PM
To: Danny Brannon
Cc: Lehr, John
Subject: RE: Town of Gulf Stream - FPL Designer
Please save Autocad files in 2009 format.
Thanks
Mark Bonnoront
Engineering & Technical Services
FPL Distribution
561-640-2587 Work
561-670-5086 Cell
mork.bannoront@fpl.com
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From: Lehr, John
Sent: Tuesday, April 24, 2012 3:46 PM
To: Danny Brannon
Cc: 'Bill Thrasher'; Bonnoront, Mark; Williams, Ethel; Martin, Kyle
Subject: Town of Gulf Stream - FPL Designer
Danny,
FYI . ................ As we discussed, the designer / engineer for the project is as follows:
• Mark Bonnoront
• 6001 Village Boulevard
• West Palm Beach, FL 33407
• (561)640-2587
Also, regarding the pdf's for the project, can you forward on the files in AutoCAD?
Thanksl
John C. Lehr, Jr.
Project Manager -Distribution
FPL
(0) 561.640.2615
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From: Danny Brannon[malito:dbrannon@bngengineers.com]
Sent: Friday, April 20, 2012 7:40 AM
To: Lehr, Jahn
Cc: 'Bill Thresher'
Subject: FW:
Can you provide an update as to when the FPL engineer will contact me and get started on this work.
<rnage003 jpg>Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: www.BnGEngineers.com
From: Bill Thrasher [malito:bthresher@gulf-stream.org]
Sent: Friday, April 20, 2012 7:07 AM
To: Danny Brannon
Subject: RE:
Danny, please give me a report about the FPL recent update concerning recently identified contact point. What does this
mean? What can we expect? Where do we go from here?
—Original Message --
From: Danny Brannon I mailto:dbrannon(a),bnueneineers.coml
Sent: Toe 4/17/2012 7:43 PM
To: Bill Thrasher
Subject: RE:
I met with the AT&T engineer today in my office. They have brought in a
contract engineer who will be dedicated to this work. It should start moving
quickly.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Office: (561)795-0833 - Cell: (561) 307-9454
Website: <hgp://www.bneengineers.com/> www.BnGEngineers.com
36
From: Bill Thrasher fmailto:bthrasher(a)eulf-stream.orel
Sent: Monday, April 16, 2012 5:10 PM
To: Danny Brannon
Subject:
Danny, could you resend to me the time line chart that you prepared
recently. I want to forward that to an architect.
Thanks,
William H. Thrasher, ICMA-CM, CGFO, CGFM
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Office 561.276.5116 ? Fax 561.737.0188
Direct e-mail: bthrasheragulf-stream.ore
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