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07-10-07 Agenda Reg
City of Delray Beach Regular Commission Meeting RULE8 FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday,,Tuly 10, 2007 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURE8 Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: ~ June 19, 2007 -Regular Meeting 6. PROCLAMATIONS: A. NONE 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval. A. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/ASPHALT CONSULTANTS, INC.: Approve a Contract Closeout (C. O. No. 2/Final) in the amount of a $50,094.75 decrease and final payment in the amount of $33,578.47 to Asphalt Consultants, Inc. for completion of the Chatelaine Subdivision and NE 14'~ Street Traffic Canning Projects. Funding is available from 334-6130-541-63.89 (General Construction Fund/Neighborhood Enhancement). B. SERVICE AUTHORIZATION NO. 04-04/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 04-04 in the amount of $34,100.00 to Kimley-Horn and Associates, Inc. for additional professional consulting services required for all work associated with modifying the construction documents related to the Seacrest Soccer Complex Project (formally called Atlantic Soccer Complex). Funding is available from 380-4150-572-63.49 (2004 G.O. Bond/Soccer Complex. C. RETECTION OF BIDS/DELRAY BEACH SWIM AND TENNIS WEST PARKING LOT PROJECT: Approve a request to reject all bids received for the Delray Beach Swim and Tennis Center West Parking Lot Project due to the apparent low bidder, Landmark Construction, not following addendum number 1; and the second bidder, West Construction, Inc. mobilization pay item exceeds more than 5% of the contract price. 07-10-2007 -2- D. RESOLUTION NO. 40-07/FLORIDA DEPARTMENT OF TRANSPORTATION (,FDOT)/SUNSHINE PARK MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA~ Approve and adopt Resolution No. 40-07 authorizing execution of a Maintenance Memorandum of Agreement (MMOA) with the Florida Department of Transportation (FDOT) for maintenance of the landscaping along the east side of the I-95 (SR 9) wall abutting Sunshine Park, subject to the addition of language stating that the Ciry shall indemnify FDOT in amounts not the exceed those set forth in Florida Statute 768.28. E. MOTOROLA SERVICE AGREEMENT: Approve a service agreement between the City and Motorola in the amount of $120,319.32 providing that Motorola will service the City's portable radios and the equipment used for the City's dispatch system. Funding is available from 001-2111-521-46.20 (General Fund/Equipment Maintenance). F. CONSULTING AGREEMENT/BRIDGES. MARSH & ASSOCIATES. INC. Approve a consulting agreement between the City and Bridges, Marsh & Associates, Inc. in an amount not to exceed $20,500.00 to provide design, bid and inspection services for the replacement of the Tennis Stadium box seats. Funding to come from the City Manager's Contingency Fund. G. AMENDMENT NO. 3/CLINICAL SERVICE UNIT AGREEMENT/DR. RANDALL L. WOLFF: Approve Amendment No. 3 to the Clinical Service Unit Agreement between the Ciry and Dr. Randall L. Wolff for the renewal of the same fox an additional three (3) years. H. INTERLOCAL AGREEMENT/SOLID WASTE AUTHORITY (SWA) PALM BEACH COUNTY/DISASTER DEBRIS MANAGEMENT: Approve an interlocal agreement between the City and Solid Waste Authority (SWA) of Palm Beach County allowing the City to dispose of disaster debris at the Solid Waste Authority debris management sites provided it complies with the requirements of the SWA. I. RESOLUTION NO. 38-07: Approve Resolution No. 38-07 setting a public hearing date for August 21, 2007 regarding the establishment of the SW 8`~ Avenue Special Assessment District. J. RECREATION ASSISTANCE GRANT/PAYMENT/DELRAY BEACH FILM FESTIVAL: Approve a grant agreement between the Ciry and Palm Beach County in the amount of $6,000.00 to help offset the rental costs at Old School Square for the Delray Beach Film Festival 2007; and authorize payment in an amount not to exceed $6,000.00 for the Old School Square rental invoice. K. GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT QAG) FOR FY 2007: Approve and accept the Edward Byrne Memorial Justice Assistance Grant QAG) award in the amount of $60,576.00 which will provide funding for the Police Department's Holiday Task Force Overtime. 07-10-2007 -3- L. AGREEMENT./HAYWOOD CONSTRUCTION/AMERICAN LEGION HALL/CARING KITCHEN RE-ROOFING PROTECT: Approve rescinding the original bid award in the amount of $16,900.00 from Cordoba Construction; and authorize the approval of an agreement between the Ciry, American Legion Hall and Haywood Construction (lowest responsive bidder) in the amount of $18,250.00 for the re-roofing project at 196 NW 8''' Avenue (Caring Kitchen). The City shall pay Haywood Construction in the amount of $18,500.00 for the re-roofing project. Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). M. AMENDMENT TO SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE/PALM BEACH COUNTY AGREEMENT: Approve an amendment to the interlocal agreement between the South Palm Beach County Public Safety Communications Cooperative and Palm Beach County for use of a portion of the County's 800 MHz Trunked Radio System (Smart Zone Controller). The Ciry will agree to continue to pay Palm Beach County in the sum of $836.66 per month, which enables the City to use the Smart Zone Controller. Funding is available from 001-2111-521-46.20 (General Fund/Equipment Maintenance). N. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2007-2: Formally initiate Comprehensive Plan Amendment 2007-2 pursuant to Section 9.2.1 of the Land Development Regulations. O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 18, 2007 through July 6, 2007. P. AWARD OF BIDS AND CONTRACTS: Bid award to Complete Property Services in an annual estimated cost of $18,755.00 for the landscape maintenance of South Federal Highway and Congress Avenue. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Beautification Maintenance). 2. Contract award to Chaz Equipment Company, Inc., in the amount of $16,500.00 for the emergency repairs to Lift Station 58-A, located in the Spanish Wells Subdivision. Funding is available from 442-5178-536-68.15 (Water/Sewer Renewal and Replacement Fund/Lift Station Rehabilitation). 3. Purchase award to Stokes Mechanical Contractor, Inc., in the amount of $47,100.00 for the purchase of a rooftop air conditioning system for the Police Department. Funding is available from 334-6112-522-64.90 (General Construction Fund/Other Machinery/Equipment). 4. Purchase award to Jade Communications Incorporated in the amount of $46,623.10 for the purchase of cabling for the new ESD building. Funding is available from 441-5111-536-62.45 (Water/Sewer Fund/Data Cabling). 07-10-2007 -4- 5. Purchase award to Duval Ford in the amount of $22,290.00 for one (1) 2007 Ford F-250 SD 4x2 Pick-Up Truck for the Parks Maintenance Division and to Alan Jay Import Center in the amount of $23,552.00 for one (1) 2007 Toyota Prius Hybrid for Community Improvement via the Florida Sheriffls Association Contract #06-14-0821. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 6. Purchase award to Sensus Metering Systems in the amount of $90,000.00 for the purchase of seven-hundred (700) additional radio-read transceivers for the City's water meters and radio-read upgrades. Funding is available from 442-5178-536- 52.31 (Water/Sewer Renewal and Replacement Fund/Water Meter Replacement Under $750). 9. REGULAR AGENDA: A. WAIVER REOUEST /321 PINEAPPLE GROVE WAY: Consider a waiver request to the Land Development Regulations (LDR) Section 4.6.8(B)(3)(c), "Illumination Levels and Uniformity", which allows an illumination of up to 4-foot candles within the parking area; LDR Section 4.6.14(A)(1), "Visibility at Intersections", which requires a 20-foot visibility triangle at the intersection of an accessway and the public right-of--way line; and LDR Section 4.6.16(I~(3)(a), "New Multiple Family, Commercial, and Industrial Development", which requires a 5-foot perimeter landscape strip along the alley for St. George Suites, located on the east side of Pineapple Grove Way and 410 feet south of NE 4`~ Street (321 Pineapple Grove Way). (Quasi Judicial Hearing) B. RE UEST FOR WAIVER/NEW URBAN COMMUNITIES: Consider a request for waiver of Land Development Regulations (LDR), Section 4.6.7Q)(2), governing off- premise signs from Tim Hernandez, owner of New Urban Communities and the developer of the CODA Project located in the 100 block of SW 1 S` Avenue and SW 2nd Avenue. (Quasi Judicial Hearing) C. AMENDMENT TO LEASE AGREEMENT/PIONEER BOYS ASSOCIATION: Consider a revision to the lease agreement between the City and Pioneer Boys Association, Inc. changing the description of the leased property and revising Paragraph 7 to require only the participants insurance as provided through the National Boy Scouts of America. D. SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY: Consider approval of a special event request to endorse the 2"d Annual Spady Heritage Day to be held on September 22, 2007 from 10:00 a.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F~ for the closure of NW 5`t' Avenue from Martin Luther King Blvd to NW 1S` Street, and authorize staff support for security, clean up, barricading, set up/use of the new large mobile stage with event signage no earlier than ten (10) days prior to the event; contingent upon receipt of certificate of liability insurance, a hold harmless agreement and full payment of stage rental cost. E. BUDGET PRESENTATION FOR FY 2008: Presentation regarding the FY 2008 Budget. 07-10-2007 -5- F. FIRE STATION NO. 4/DEMOLITION: Provide direction regarding demolition of the recently vacated Fire Station No. 4 building. G. ~ACREST SOCCER COMPLEX PRECONSTRUCTION SERVICES PROPOSAL/THE WEITZ COMPANY: Consider a request to approve and authorize the preconstruction services for the Seacrest Soccer Complex (formally called Atlantic Soccer Complex) proposal and related agreement associated with the Construction Management at Risk Service contract. The scope of services is listed in Article 2.1 of the agreement and the total fee for this phase is $25,012.00. This represents approximately 0.75% of the current estimated project construction cost of $3,300,000. Funding is available from 380-4150-572-63.49 (2004 G.O. Bond/Soccer Complex. H. MILLER PARK PRECONSTRUCTION SERVICES PROPOSAL/THE WEITZ COMPANY: Consider a request to approve and authorize the preconstruction services for the Miller Park proposal and related agreement associated with the Construction Management at Risk Service contract. The scope of services is listed in Article 2.1 of the agreement and the total fee for this phase is $30,345.00. This represents approximately 0.06% of the current estimated project construction cost of $5,500,000. Funding is available from 380-4150-572-63.32 (2004 G.O. Bond/Neighborhood Parks). APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for an unexpired term ending July 14, 2010. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). J. APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND COMMITTEE: Appoint one (1) regular member to the General Employees Retirement Fund Committee to serve an indefinite term. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). K. APPOINTMENT TO THE PALM BEACH COUNTY HOMELESS ADVISORY BOARD: Consider approval of the appointment of Mayor Ellis to the Palm Beach County Homeless Advisory Board and the appointment of Commissioner Montague as the alternate to the Board. L. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of Cities' 81S` Annual Conference to be held at the Marriott World Center in Orlando, Florida on August 16 - 18, 2007. 10. PUBLIC HEARINGS: A. NONE 07-10-2007 -6- 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager s response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 23-07: City initiated text amendment to the Land Development Regulations (I.DR) Section 4.6.9(E)(3), "In Lieu Fee", and Section 4.6.9(E)(4) "Public Parking Fee", establishing an expiration period and clarifying the payment amount due. If passed, a public hearing will be scheduled for July 24, 2007. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JULY 6, 2007 07-10-2007 -7- JUNE 19, 2007 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 19, 2007. 1. Roll call showed: Present - Commissioner Fred Fetzer Commissioner Woodie McDuffie Commissioner Brenda Montague Mayor Rita Ellis Absent - Commissioner Gary Eliopoulos Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. William Quick with Federation of Christian Ministries. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. The City Attorney requested that Item 9.D., Resolution No. 37- 07/Contract for Sale and Purchase of Property/Community Redevelopment Agency/Interlocal Agreement/Multiple Parking Lot Properties be moved to the Public Hearing section as Item 10.A.A. Mayor Ellis noted the addition of Item 9.M., Review of Lobbyists Contracts to the Regular Agenda by addendum. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Regular Meeting of June 4, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes. Said motion passed with a 4 to 0 vote. 06/19/07 Mr. McDuffie moved to approve the Minutes of the Workshop Meeting of June 12, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing Bahamian Independence Day Mayor Ellis read and presented a proclamation hereby proclaiming July 14, 2007 as Bahamian Independence Day in Delray Beach, Florida. John Dassi came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. Government Finance Officers Association -Distinguished Budget Award Presentation Mayor Ellis read the press release into the record and presented the award to Joseph Safford, Finance Director. Joseph Safford, Finance Director, came forward to accept the proclamation and stated this is the 21St consecutive year that the City of Delray Beach has been awarded this plaque. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL PLAT APPROVAL/YACHT CLUB AT DELRAY BEACH: Approve the final plat for the Yacht Club at Delray Beach plat, located on the west side of MacFarlane Drive, between Ingraham Avenue and Miramar Drive. 8.B. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/133 AND 135 NW 5~ AVENUE: Approve and accept the right-of--way deeds for the dedication of the right-of- way from N.W. 5th Avenue and the alley parallel to NW 5th Avenue at 133 and 135 NW 5th Avenue. 8.C. REQUEST FOR SIDEWALK DEFERRAL/25 NW 16'H STREET: Approve a request to defer the installation of a sidewalk in front of 25 NW 16t Street. Staff recommends approval. 8.D. REQUEST FOR SIDEWALK DEFERRAL/902 NW 2"D AVENUE: Approve a request to defer the installation of a sidewalk in front of 902 NW 2° Avenue. Staff recommends approval. 8.E. REQUEST FOR SIDEWALK DEFERRAL/906 NW 2ND AVENUE: Approve a request to defer the installation of a sidewalk in front of 906 NW 2° Avenue. Staff recommends approval. -2- 06/19/07 8.F. REQUEST FOR SIDEWALK DEFERRAL/912 NW 2"" AVENUE: Approve a request to defer the installation of a sidewalk in front of 912 NW 2r' Avenue. Staff recommends approval. 8.G. CONTRACT ADDITION (C.O. NO. 2)BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENT PROJECT/CHAZ EQUIPMENT COMPANY, INC.: Approve Contract Addition (C.O. No. 2) to the Block 64 Drainage and Water Main Improvements Project in the amount of $69,540.00 to Chaz Equipment Company, Inc. for the replacement of a collapsed Sanitary Sewer Main located between SW 3rd Street and SW 4th Street. Funding is available from 442-5178-536-65.33 (Water/Sewer Renewal & Replacement FundBlock 64 Improvements) after budget transfer. 8.H. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract Closeout (C. O. No. 2/Final) in the amount of a $65,124.34 decrease and final payment in the amount of $35,428.19 to Chaz Equipment Company, Inc. for the completion of the A-1-A Water Main Upgrade Project. Funding is available from 442-5178-536-65.27 (Water/Sewer Renewal & Replacement Fund/Other Improvements/SR A-1-A/East Atlantic Avenue/Pelican). 8_I. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/HORSEPOWER ELECTRIC, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of an $11,047.50 decrease and final payment in the amount of $16,132.23 to Horsepower Electric, Inc. for the completion of the US 1 at Tropic Boulevard Signalization Project. Funding is available from 334-3162-541-65.68 (General Construction Fund/US 1 at Tropic Boulevard). 8_J. CONTRACT CLOSEOUT (C.O. NO. 2/FINALI/ROSSO PAVING & DRAINAGE, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of $19,167.10 and final payment in the amount of $83,345.24 to Rosso Paving & Drainage, Inc. for completion of the Eagle Park Project. Funding is available from 380-4150-572- 63.23 (2004 G.O. Bond/Other Improvements/Neighborhood Parks). 8.K. PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL SERVICES/RESOLUTION NO. 36-07: Approve the application for anon-matching grant to the Palm Beach County Department of Emergency Medical Services in an estimated amount of $46,340.00 to purchase five (5) Stryker Model 6500 Power-Pro Ambulance Patient Stretchers; and approve Resolution No. 36-07. The caption of Resolution No. 36-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2007/2008. -3- 06/ 19/07 (The official copy of Resolution No. 36-07 is on file at the City Clerk's office.) 8.L. SPECIAL EVENT REQUEST/30th ANNUAL ROOTS CULTURAL FESTIVAL/YOUTH AND ADULT BASKETBALL TOURNAMENTS: Consider approval of a special event request from the Roots Cultural Festival, Inc. for a Youth Basketball Tournament proposed to be held from 6:00 p.m. - 11:00 p.m. on July 20, 2007, 9:00 a.m. -11:00 p.m. on July 21, 2007 and 9:00 a.m. - 6:00 p.m. on July 22, 2007 and the Adult Basketball Tournament proposed to be held from 6:00 p.m. - 11:00 p.m. on August 3, 2007, 9:00 a.m. - 11:00 p.m. on August 4, 2007 and from 9:00 a.m. - 6:00 p.m. on August 5, 2007; authorize staff support for security and signage; waiver of facility rental fee for City facilities and event signage to be installed no earlier than ten (10) days prior to the event; contingent upon sponsor providing a liability insurance certificate, and a hold harmless agreement. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 4, 2007 through June 15, 2007. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Caler, Donten, Levine, Druker, Porter & Veil, P.A. for professional audit services for FY 2007 in the amount of $105,800.00; FY 2008 in the amount of $112,150.00; and FY 2009 in the amount of $118,900.00. Funding is available from various departmental operating budgets. 2. Contract award to the Florida Coca-Cola Bottling Company for a three (3) year contract with the option to extend the contract for one (1) three (3) year period for beverage vending services and fountain services. Mr. McDuffie moved to approve the Consent Agenda, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. REQUEST FOR REFUND OF CODE ENFORCEMENT BOARD LIEN: Consider a request to refund $2,500.00 of a $3,000.00 Code Board Lien paid in January by Michael Lefebvre. Staff recommends denial. Al Berg, Assistant Director of Community Improvement, stated this is a request for a refund in the amount of $2,500.00 of a $3,000.00 Code Enforcement lien paid in January. The property owner was cited for a dilapidated wooden fence at rental property he owns at 3301 Spanish Wells Drive in Apri12006. Notices were posted on the -4- 06/19/07 property and were sent to the address in New Hampshire and were returned "Not Deliverable, Attempted -Not Known, Unable to Forward." The Code Enforcement Board held a hearing on the case in July 2006 and found the property owner guilty. The Board allowed 30 days to fix the fence and imposed a fine of $50 per day for non- compliance. The owner was not present at the hearing. In October, the City filed a lien for $3,000.00 which was owed at that time. The property was not brought into compliance until January 10, 2007 because the property was being refinanced and the lien was discovered. The owner appeared before the Code Enforcement Board on April 10, 2007 and claimed he was never served notice by the Board and asked the Board to reduce the fine and refund $2,500.00. The City Attorney advised that they did not have that authority and recommended that the matter be reviewed by the City Commission. Mr. Berg stated there was a note in the file that the property owner called on May 18, 2007 and stated they would have the property fixed and repaired. However, this is the only contact staff had with the property owner. Staff recommends that the property owner not be refunded $2,500.00. The City Attorney asked if the City had notice of any other address. In response, Mr. Berg stated on January 10, 2007 the property owner provided the City with an address in New Hampshire well after the lien was filed. Mr. McDuffie stated the addresses in the Property Appraiser's database are processed through a contract service to the United States Postal Service (LISPS) called NCOA (National Change of Address) every 180 days otherwise they lose their mass mailing and bulk mailing discounts. He stated if that move had been filed with LISPS it would have been picked up because they run in May and November. Mr. Fetzer moved to approve the request for refund of a Code Enforcement Board lien, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie - No; Mrs. Montague - No; Mayor Ellis - No; Mr. Fetzer - No. Said motion was DENIED with a 4 to 0 vote. 9.B. CANCEL AND RE-WRITE OF EXCESS PROPERTY INSURANCE PROGRAM: Consider a request for approval to cancel and re-write current excess property insurance program to take advantage of "pre-hurricane" season current low insurance rates. Bruce Koeser stated due to the uneventful hurricane season last year rates are down. Therefore, the City has a chance to cancel and re-write excess property and liability coverage and this is a chance to save approximately $411,000.00. Mr. Koeser stated we would have to cancel what is in place right now, sign up effective tomorrow with new carriers and noted there is an additional $10,000,000.00 in coverage per property. Lisa Rodriguez gave a brief overview of the City's insurance. -5- 06/19/07 Mrs. Montague moved to approve to cancel and re-write the City's current excess property insurance program, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.C. LAKEVIEW GOLF COURSE RECLAIMED WATER MAIN: Consider a request to authorize staff to proceed with design Option #2 for providing reclaimed water to the Lakeview Golf Course, which includes modifying an existing lake for receiving and re-pumping of water in conjunction with the construction of approximately 3,025 linear feet of reclaimed water main at an estimated cost of $358,600.00. Richard Hasko, Director of Environmental Services, stated this involves extending reclaimed water to the Lakeview Golf Course. He stated when the City gets into the construction phase of this staff is going to be recommending the more expensive of the two options that has been presented from the consultants. Mr. Hasko stated with the reclaimed areas 2 and 3 systems staff brought reclaimed water lines down Lowson Boulevard to service the Hamlet and also extended down to Dover Road and left a stub for service to the Lakeview Golf Course. He stated staff needs to get a line from Dover Road to the existing pump station on the golf course. The cost for Option #1 is $265,100.00 which involves extending a line through the golf course and constructing a small booster pump station because the pressure that is required in the larger irrigation system for the golf course is much higher than is available in the line coming from the plant. This would tie into the irrigation system for the golf course and the existing system would remain as a backup source. Mr. Hasko stated for a user of this magnitude of flow if you do not have on-site storage and if there is a pump connected to the transmission system and it is sucking directly out of the pipe directly from the plant that puts a very heavy flow on the plant. He stated if there are many users doing that at one time, it stresses out the transmission system. Mr. Hasko stated staff has so far been successful with the municipal golf course, the Hamlet, and Delaire by creating on-site storage in the form of a lake. Therefore, the reclaimed product is pumped directly into the lake all day at a much slower rate so when the golf courses who irrigate at night turn their systems on then they get the water from the lake so that they are not all coming out at one time and placing the demand on the transmission system. Mr. Hasko stated the only option to that is to spend million of dollars to put more storage tanks at the wastewater plant. He stated Option #2 is $358,600.00 which includes modifying an existing lake for receiving and re-pumping of reclaimed water in conjunction with the construction. He stated the increased cost differential is $93,500.00 and is recommended for large users given that the on-site storage capacity offers flexibility in receiving reclaimed water during off-peak times. Mrs. Montague inquired about the expansion of the existing lake and asked if there is flexibility in the dollar amount. In response, Mr. Hasko stated these are estimates because staff has not done any engineering on this yet. Mr. Hasko stated staff is pretty certain how much per foot a line will cost and staff has put some inflationary factors in to accommodate for that. Staff is comfortable with this figure; however, it -6- 06/ 19/07 could vary when staff gets into the final design stage. He stated the cost will be funded from the Water and Sewer Fund. Mrs. Montage moved to approve to authorize staff to proceed with design Option #2 for providing reclaimed water to the Lakeview Golf Course, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.D. THIS ITEM HAS BEEN MOVED TO THE PUBLIC HEARINGS PORTION OF THE AGENDA AS ITEM 10.A.A. 9.E. AUTHORIZATION TO PARTICIPATE IN CLASS ACTION LAWSUIT AGAINST ARTHUR J. GALLAGHER ENTITIES: Consider a request for authorization to participate in the Class Action Lawsuit regarding insurance brokerage and employee benefit insurance antitrust litigation against Arthur J. Gallagher Entities. The City Attorney stated this is a common scenario where a Class Action lawsuit is filed all over the country and in this case not just with Arthur J. Gallagher Entities but with other entities where someone thought a fee was too high. She stated Arthur J. Gallagher settled this lawsuit to avoid the increased cost of litigation. The City Attorney stated the City of Delray Beach has used Arthur J. Gallagher successfully; however, with regard to this issue, the City would like to benefit from recouping any fees that we would be entitled to. The City Attorney recommends participating in the Class Action lawsuit against Arthur J. Gallagher Entities. Mr. McDuffie moved to approve that the City of Delray Beach participate in the Class Action Lawsuit against Arthur J. Gallagher Entities, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.F. AUTHORIZATION TO FILE APPEAL/MARGEUNE ST. JUSTE V. CITY OF DELRAY BEACH: Consider a request for authorization to file an appeal to the Fourth District Court of Appeals in the case of Margeune St. Juste v. the City of Delray Beach. The City Attorney stated the City has a motion pending before the court to set aside the judgment. The hearing for the City is set for July; however, staff is requesting that the Commission authorize an appeal should we need one and see how staff does with the post verdict motions. The City Attorney stated if the post verdict motions do not go in favor of the City then staff would like authorization to file an appeal in the case of Margenune St. Juste v. the City of Delray Beach. In addition, the City Attorney stated the City would also like to seek advanced authorization to solicit Amicus Briefs from the Palm Beach County League of Cities, etc. -7- 06/19/07 Mrs. Montague moved to approve to file an appeal to the Fourth District Court of Appeals in the case of Margeune St. Juste v. the City of Delray Beach subject to the results of the post verdict motions and permission to seek Amicus briefs should it be necessary, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.G. REJECTION OF BIDS/RFP 2006-057: Consider rejection of all bids received in response to RFP 2006-057 regarding parking meters. The City Manager stated at the Workshop meeting the City Commission discussed parking meter replacement and we have agreed on a course of action. He stated the responses the City received from the previous Request for Proposal (RFP) did not allow staff to adequately evaluate the prices. Staff recommends rejection of all bids and put out a new RFP. Mr. McDuffie moved to reject all responses to Bid #2006-057, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.H. NON-RENEWAL OF AGREEMENT/PREARRANGEMENTS OF DELRAY, INC. Consider a request regarding the non-renewal of the contract between the City and Prearrangements of Delray, Inc.; and authorize staff to send a Notice of Non-Renewal to the same. The City Attorney stated this is a request from Parks and Recreation to not seek a renewal of the agreement with Prearrangements of Delray, Inc. She stated the City of Delray Beach has a 20 year agreement that is expiring; however, there is a ten year renewal period. The contract requires notification of non-renewal 180 days prior to the end of the current term or renewal period or no later than July 1, 2007. Joe Weldon, Director of Parks and Recreation, stated the City of Delray Beach entered into this agreement 20 years ago and at that time the City Commission wanted to see if the City could get a mausoleum complex built at the cemetery. In that time, one mausoleum has been built that is half full. He stated Prearrangements of Delray, Inc. is selling cemetery plots for the City of Delray Beach and receiving half the income. Mr. Weldon suggested that the City of Delray Beach assume the duties that were being performed by Prearrangements of Delray, Inc. Mr. Fetzer moved to approve the non-renewal of the contract between the City of Delray Beach and Prearrangements of Delray, Inc. and authorize staff to send a Notice of Non-Renewal to Prearrangements of Delray, Inc., seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. -8- 06/19/07 9.I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) for a four (4) year term ending July 1, 2011. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she wished to reappoint Tom Carney as a regular member to the Community Redevelopment Agency (CRA) for a four year term ending July 1, 2011. Mrs. Montague so moved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9_J. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) for a three (3) year term ending July 1, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she wished to reappoint Herman Stevens as a regular member to the Downtown Development Authority (DDA) for a three year term ending July 1, 2010. Mr. Fetzer so moved, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.K. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint two (2) student members to the Police Advisory Board to serve unexpired terms ending December 13, 2007 and December 13, 2008. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5). Mrs. Montague moved to appoint Vanessa Francois as a student member to the Police Advisory Board to serve an unexpired term ending December 13, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. Mayor Ellis stated she wished to appoint Grace Maybee as a student member to the Police Advisory board to serve an unexpired term ending December 13, 2008. Mr. McDuffie so moved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.L. APPOINTMENT TO THE PALM BEACH COUNTY HOMELESS ADVISORY BOARD: Consideration of the appointment of the City Commission to the Palm Beach County Homeless Advisory Board. -9- 06/19/07 Mayor Ellis stated she thought at first that maybe there was a way where the Commission could utilize someone from the community in anon-profit organization that deals with these sorts of issues and ask that they be the appointee to this Board. However, the memo is asking for the Mayor or one of the Commissioners only and she knows everyone has all the Boards they can really handle. The Commission stated they would like more information as to when the meetings are going to be, etc. Mrs. Montague stated there are some people who are very active in the community and if allowed, to investigate something other than the Commission members, there maybe more appropriate choices. Mr. McDuffie suggested appointing Chief Schroeder or a representative from the Police Department to the Homeless Advisory Board because they are cognizant of what goes on in the community. The City Manager stated he will obtain more information about when the meetings are going to be held, etc. and this will be brought back to the Commission at the next regular meeting of July 10, 2007. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A.A. RESOLUTION NO. 37-07/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT AGENCY/INTERLOCAL AGREEMENT/MULTIPLE PARKING LOT PROPERTIES: Consider approval of Resolution No. 37-07 authorizing the City to purchase certain parking lots located in the Seacrest Neighborhood and on S.W. 4~' Avenue for public parking; and approve Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA) in the amount of $10.00; and approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the transfer of the parking lots. The caption of Resolution No. 37-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE -10- 06/ 19/07 BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. office.) (The official copy of Resolution No. 37-07 is on file at the City Clerk's The City Attorney stated this is for the Purchase and Sale and Interlocal Agreement that provides for the transfer of five parking lots located in the Seacrest neighborhood on S.W. 4th Avenue across from the Police Department to the City. Mayor Ellis declared the public open. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Montague moved to approve Resolution No. 37-07 and approve the Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes. Said motion passed with a 4 to 0 vote. 10.A. ORDINANCE NO. 21-07 (SECOND READING/SECOND PUBLIC HEARING): Community Redevelopment Agency (CRA) initiated amendment to the Land Development Regulations (LDR), amending Section 4.4.13, "Central Business District (CBD)," Subsection 4.4.13(H)(1), to provide an exemption to the prohibition of office uses on the ground floor of buildings on East Atlantic Avenue. The caption of Ordinance No. 21-07 is as follows: Office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(H)(1), TO PROVIDE AN EXEMPTION TO THE PROHIBITION OF OFFICE USES ON THE GROUND FLOOR OF BUILDINGS ON ATLANTIC AVENUE, EXTENDING FROM SWINTON AVENUE TO OCEAN BOULEVARD, UNDER CERTAIN CIRCUMSTANCES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-07 is on file in the City Clerk's -11- 06/19/07 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. Kathy Fazio, 1118 Harbor Drive, Delray Beach, (speaking on behalf of the Beach Property Owners Association), urged the Commission to consider the entire area of East Atlantic Avenue East of the Intracoastal area as an exemption to this ordinance. She stated the BPOA understands the objective of the ordinance is to help businesses along Atlantic Avenue and noted that West Atlantic Avenue was given special consideration to meet communities' overall needs and they support that approach. The amendment is to assist four specific properties that are generally set back from the street not window shopping locations. Mrs. Fazio stated the BPOA supports the amendment and noted the BPOA feels it needs wider applicability. Mrs. Fazio stated the beach does not have the north/south or east/west streets where offices can be located and if no offices are allowed on Atlantic Avenue, the BPOA feels the community is ill served for normal business and service needs (i.e. accountants, doctors, lawyers, banks, stock brokers, real estate offices, etc.). She stated residents will essentially be living in a part of town with nothing but boutiques and restaurants. Mrs. Fazio asked that the Commission provide the same consideration to the beach area that was provided to West Atlantic Avenue. The BPOA unanimously believe that the area east of the Intracoastal should be exempt from the amendment and urged the Commission to consider their position. Jeff Costello, Community Redevelopment Agency (CRA), stated this amendment was initiated based on the way the current regulations affects the properties where they are setback excessively from the right-of--way and they are conducive to the pedestrian oriented and retail establishments. Mr. Costello urged the Commission to approve the amendment at this time and if there is any reconsideration based on the previous speaker then direct staff to review it. Paul Dorling, Director of Planning and Zoning, stated this ordinance does not prohibit office uses east of the Intracoastal; however, the ordinance prohibits office uses on the ground floor with the exception of these four properties. He stated office uses can locate on any second story, second floor, or above and they can locate on any side streets that are currently zoned CBD (Central Business District). There being no one else from the public who wished to address the Commission, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 21-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. -12- 06/ 19/07 10.B. ORDINANCE NO. 20-07: City initiated amendment to the Land Development Regulations (LDR), amending Section 4.4.25, "Special Activities District (SAD)", Subsection 4.4.25(C) to shift the authority for approval of site plans, landscape plans, and architectural elevations from the Planning and Zoning Board to the Site Plan Review and Appearance Board for projects located in the Special Activities District (SAD). Office.) The caption of Ordinance No. 20-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD)", SUBSECTION 4.4.25(C), "REVIEW AND APPROVAL PROCESS", TO PROVIDE FOR THE REVIEW AND APPROVAL OF PLANS BY THE SITE PLAN REVIEW AND APPEARANCE BOARD AND NOT THE PLANNING AND ZONING BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-07 is on file at the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 20-07, the public hearing was closed. Mr. McDuffie moved to adopt Ordinance No. 20-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:10 p.m., the Commission moved to Item 9.M. (Addendum) of the Regular Agenda. 9.M. REVIEW OF LOBBYIST CONTRACTS: Review and discussion regarding Tallahassee Lobbyists' contracts. -13- 06/19/07 The City Manager stated Commissioner Montague asked him to get in touch with Kathy Daley to let her know this was being discussed. He stated a voice mail message was left however, he did not receive a return telephone call. The City Manager stated Ms. Daley is planning to move back to Delray Beach and not continue lobbying. He stated he does not know when Ms. Daley expects to do that or when she expects to end her contract with the City of Delray Beach. Mr. McDuffie stated he requested that this be placed on the Agenda based on a call from the press and the fact that he has not heard or seen anything and no communication in his term. Mr. McDuffie stated he sometimes hears from Mr. Sebastian Aleksander (other City Lobbyist) twice an hour when things are hot on the floor. In addition, Mr. McDuffie stated he has also been a lobbyist in Tallahassee and does not understand how one can fail to register to lobby until the session is over. Mr. McDuffie stated this is illegal and expressed concern that Ms. Daley was accepting money from the City of Delray Beach to do something that the City has contracted with her and she does not have the legal right to do so. registration. Mr. Fetzer commented about the difference in the contracts and the Chevelle D. Nubin, City Clerk, stated the lobbyist sends the forms in to the City for signature; however, the City of Delray Beach does not complete their forms for them. The City Attorney stated there is a mistake in the Aleksander contract on page three and noted the word should read "consultant". Mr. Fetzer asked why there is a substantial difference in the retainers that we have agreed to with these two lobbyists. The City Attorney stated the contract for Ms. Daley has been in the same form for many years. Mrs. Montague asked how many years Ms. Daley has been the City's lobbyist. The City Attorney stated she has been with the City of Delray Beach for approximately 20 years. The City Manager stated his understanding is that Ms. Daley was a City employee and was sent to Tallahassee to lobby on behalf of the Delray Enclave Act which passed in 1987. Robert A. Barcinski, Assistant City Manager, stated Ms. Daley worked for the City of Delray Beach directly for two years under him and then decided to go to Tallahassee on her own. Mr. Barcinski stated Ms. Daley has worked for the City of Delray Beach since about 1985. The City Manager stated approximately three years ago former Mayor Perlman brought Mr. Aleksander on board and wanted him to lobby primarily for earmarks. The City Manager stated Mr. Sebastian Aleksander has been very successful; however, most of them have been line item vetoed by the Governor. -14- 06/19/07 Prior to the vote, the City Attorney suggested that the Commission discuss this with Kathy Daley. Mayor Ellis stated the contracts do not specify what the Commission is looking for and what each person's responsibilities are. Mayor Ellis suggested that both contracts be reviewed by the City Attorney and City Manager to talk to our lobbyists and bring back additional information as to what the status is for Kathy Daley and confirm that this not filing is a mistake that the Commission was not aware of and is she planning to not renew the contract and does the Commission need to renegotiate a contract with Mr. Aleksander that is current and based on a start and stop date. The City Manager stated had he been able to get in touch with Ms. Daley, he would have discussed with her about ending the contract by mutual agreement. Mrs. Montague stated the Commission did not receive a call from Ms. Daley knowing this article was coming out and noted that she has been quoted in the article. Mrs. Montague stated Ms. Daley has had ample time to get in touch with the City Manager to let the Commission know what was going on. Mrs. Montague stated when we are talking about something that is being disclosed in the newspaper that has to do with not registering she feels it is serious enough in her opinion that a telephone call should have been made immediately as soon as there was a call from the newspaper. Mrs. Montague supports terminating the contract. Mr. McDuffie moved to terminate the lobbying contract with Kathy Daley for cause, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. Mrs. Montague agrees with Mayor Ellis concerning Sebastian Aleksander's contract and does not feel the contract is well written. Mrs. Montague stated she is particularly concerned with the clause that Commissioner Fetzer pointed out (Item #7 and the changing the renewal clause to annually). The Commission gave the City Attorney direction to revise language in Item #7 and revise the renewal clause in Sebastian Aleksander's contract. 12. FIRST READINGS: 12.A. NONE At this point, the time being 7:29 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and -15- 06/ 19/07 11.B. From the Public. 11.B.1. Robert Ganger, President of the Florida Coalition for Preservation, stated the Coalition is a Public Service Group whose mission is to champion responsible development on the barrier islands. He briefly discussed the Briny Breezes Development Project and stated that the Department of Community Affairs (DCA) in Tallahassee will review the amended Comprehensive Plan for Briny Breezes to determine whether or not it is in compliance with the states growth management plan. He stated on June 29, 2007 everyone will know whether or not DCA rejects the plan, gives it conditional approval pending certain revisions, or gives it the State's endorsement so the developer can proceed with his plans. 11.B.2. Kathy Fazio, 1118 Harbor Drive, Delray Beach (speaking on behalf of the Beach Property Owners Association Board), stated she understands that the Commission has received a copy of the adopted resolutions regarding the proposed redevelopment of Briny Breezes. She stated as an association, the Board feels the project would have a negative impact on their area with regard to traffic and infrastructure. From a safety standpoint, they are also concerned with the environment being at risk. Mrs. Fazio stated as a group with over 1,000 members on the barrier island, she urged the Commission to carefully consider the comments of Mr. Ganger. The BPOA will be eager to hear from the City as to the position it plans to take regarding this issue. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager suggested that IPARC (Intergovernmental Plan Amendment Review Committee) review the Briny Breezes issue because they are established to deal with intergovernmental conflicts over land use planning. He stated there is a technical committee of planners and IPARC consists of elected officials. Secondly, he stated the Innovation Group Conference in Bellevue, Washington was great. The City Manager stated the City's team did a super job on their presentation on the R.A.C.E. initiative. He stated the name has changed because they have formed a group with the Innovation Group, the Arizona State University and the International City Management Association and is now called the Alliance for Innovation and they are moving their headquarters from Tampa to Phoenix. Staff looks forward to working with them and he noted the conferences are excellent. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer -16- 06/19/07 Mr. Fetzer stated the fundraiser for the Pop-Up Book was great and he congratulated the Education Board for a very successful event. Secondly, he commented about the Town Hall Budget Meeting regarding the budget issues. Mr. Fetzer expressed concern over some of the ways in which the meeting was handled. He stated overall the meeting gave the public the opportunity to express their concerns about the budget; however, in the future he would like to see a little more discussion amongst the Commission as far as how they are going to conduct the meeting and how to prepare for the meeting. Mayor Ellis stated she inadvertently left off giving the Commission a chance to speak before she adjourned the meeting and apologized to the Commission. Mr. Fetzer stated he would have liked to have been informed about what was going to be presented before the meeting so he could have been better prepared in the event he was asked to answer some of the questions. He stated there should have been more discussion regarding the Capital spending program and feels there was confusion about the Capital Improvement Budget issues versus the Operating Budget issues and he would have liked to have seen some clarity brought to this issue. 13.C.2. Mr. McDuffie Mr. McDuffie echoed comments expressed by Mr. Fetzer regarding the Town Hall Budget Meeting. Secondly, he stated he had a wonderful time at the Education Foundation. Mr. McDuffie stated his background is selling huge expensive things to people and making presentations to large crowds and Boards of Directors. He stated when this is done you take a whole team and prepare them very well before putting them out in front of anyone. He stated he felt ill prepared to walk up on the stage for the Town Hall Budget Meeting. Mr. McDuffie stated if there were questions of taxation he is quite certain he could have addressed those concerns. Mr. McDuffie stated in a private meeting with Mr. Harden, Mr. Safford, and Mr. Hasko he discussed his concerns about the capital projects and his vote on these projects without those projects being conveyed to the public. At that meeting, it was discussed that there was a Town Hall Budget Meeting coming up and he asked that this information be presented. Mr. Duffie stated he felt this was an item that he discussed and gained assurance that we were going to do and it did not happen. Mr. McDuffie stated that the Commission did not have the opportunity to make comments and there were no closing comments. He stated the meeting ended abruptly. He stated the City asked people to give suggestions about what the City should spend and not spend. Mr. McDuffie commented about the Bexley Park representative who spoke and feels there could have been identical feedback on 15 or 20 other projects as well but they missed that opportunity. Mr. McDuffie suggested that this be planned better next time and noted that he is very disappointed that this did not happen. -17- 06/19/07 Lastly, Mr. McDuffie stated he and his staff completed all the calculation packages to be inserted into the website so that anyone in the County will be able to go on the website and get a comparison of "Save Our Homes" versus the "Super Homestead" of what taxable value will be for the next 15 years. He stated this will be available on the Property Appraiser's website in approximately ten days or less. 13.C.3. Mrs. Montague Mrs. Montague stated the Commission did receive some positive comments concerning the Town Hall Budget Meeting and requests to follow-up. She suggested that we take the information, discuss it, set up the proper format and have input. Mrs. Montague suggested getting it out to the public as much as we can in different formats (i.e. Hometown Connection). Mrs. Montague stated at least we have some very specific recommendations on how to make the Town Hall Budget Meeting better next time. Secondly, Mrs. Montague stated she and the City Manager attended the Transforming Local Government Conference. She stated they had the opportunity to tour Microsoft and it was great. Mrs. Montague commented about the Education Foundation and stated it was enjoyable and successful. She stated she attended Juneteenth (a celebration commemorating the ending of slavery in the United States) held at St. Matthew's Episcopal Church. Lastly, Mrs. Montague stated she attended the funeral for Chief Koen's mother on Saturday and wished him the best. 13.C.4. Mayor Ellis Mayor Ellis commented about her emails not working at home or City Hall; however, this is being worked on. Secondly, Mayor Ellis stated she met with some representatives from ULI (Urban Land Institute) regarding the Briny Breezes development and noted people who live on the barrier island are very concerned. Mayor Ellis commented about the Town Hall Budget Meeting regarding the property taxes and in her opinion stated it was a poor turnout (only 11 speakers from the public). She stated she is not sure whether there was not enough time, notice, or advertising. Mayor Ellis stated we really need to do better and believes the Commission will have additional opportunities as we get closer to the budget. She stated they will have to make some tough decisions on budget items that the entire Commission will be weighing in on. -18- 06/19/07 She stated she spoke at the County Commission Workshop Meeting regarding Home Rule and the City of Delray Beach is in the process of obtaining the petitions in order to get this referendum on the ballot. Mayor Ellis stated the County did not want this on the January ballot which is the Presidential Preference Primary because it is also going to be the ballot that holds the constitutional amendments for Property Tax Reform. She stated if the City agreed to wait until November 2008, they would agree to not initiate any County Charter Amendments until we were able to get this on the ballot. Mayor Ellis stated they would support placing it on the ballot and therefore the money that we are raising to get the petitions done could be saved and used to help get the initiative passed when it actually hits the November ballot. Mayor Ellis stated 28 municipalities have. signed up to support this and noted it was a 5 to 1 vote with Commissioner Marcus voting against this because she feels that home rule is bad government. Mayor Ellis stated the judge's ruling about the dispatch case was so strong and noted this is being appealed by the County. Mayor Ellis stated that the Commission's work is just beginning on the budget and she feels they need to look for opportunities and ideas. Mayor Ellis and the City Attorney commented about a memo by Jamie Cole who is the attorney in the dispatch case for Boca Raton and Delray Beach. The memo is a legal analysis of the constitutionality of some of the provisions regarding the Property Tax Reform. Mayor Ellis stated it is a unique perspective and deals primarily with the roll back. There being no further business, Mayor Ellis declared the meeting adjourned at 8:02 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 19, 2007, which Minutes were formally approved and adopted by the City Commission on -19- 06/ 19/07 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -20- 06/19/07 MEMORANDUM TO: Mayor and Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician THROUGH: David T. Harden, City Manager DATE: June 29, 2007 SUBJECT: CONTRACT CLOSEOUT (CHANGE ORDER NO. Z/FINAL)/ASPHALT CONSULTANTS, INC./CHATELAINE SUBDIVISION & N.E. 14TH STREET TRAFFIC CALMING PROJECT 2002-014 ITEM BEFORE THE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$50,094.75) and final payment in the amount of $33,578.47 to Asphalt Consultants, Inc. for completion of the Chatelaine Subdivision and N.E. 14th Street Traffic Calming Projects. BACKGROUND The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #638421 to funding account 334-6130-541-63.89 (General Construction Fund/Improvements other than Buildings/Neighborhood Enhancements). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$50,094.75) and final payment in the amount of $33,578.47 to Asphalt Consultants, Inc. for completion of the Chatelaine Subdivision and N.E. 14th Street Traffic Calming Project. a: Richard C. Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Rafael Ballestero, Deputy Director of Construction City Cleric Agenda File: 07/10107 File 2002-014 (E) C:\Docwnenrs and Settmgs\gaskvr\Local Sett6ySslTrnyorary ImenM Files10L[U32\ASphalt C02 Final Agd Mem GC 071007.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 /Final (Contract Closeout) PROJECT NO. 2002-014 DATE: PROJECT TITLE: Chatelaine Subdivision & N.E. 14th Street Traffic Calming TO CONTRACTOR: Asphalt Consultants, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES 1N THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $375,547.50 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $I0,710.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $386,257.50 COST OF CONSTRUCTION CHANGES THIS ORDER ($50,094.751 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $336,162.75 PER CENT DECREASE THIS CHANGE ORDER -13.33% TOTAL PER CENT DECREASE TO DATE -10.48 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Asphalt Consultants, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVID: City Attorney By: Mayor ATTEST: By: City Clerk S:1EegAdntin~I'rojects~2002VA02-01410PFCCIAL`,AaphiX CO 2 Fnu1071007.da SCHEDULE"A" TO CHANGE ORDER NO. 2 /FINAL (CONTRACT CLOSEOUT) ASPHALT CONSULTANTS, INC. CHATELAINE SUBDIVISION & NE 14TH STREET TRAFFIC CALMING P/N 2002-014 ITEM NO. DESCRIPTION UNIT 1 Moblllzation/Demobilization LS 2 Maintenance otTrefflc LS 3 Clearin and Grubbin lS 4 Concrete Curb and Gutter FDOT T "D' LF 5 12" Header Curb LF 6 As halt Drive A on wJ base SF 7 5' Concrete Sidewalk 6" thick SF B B' Concrete Sidewalk 6' thick SF 9 Pavement Markin s & Si na a LS 10 Chicanes EA 11 Dh~ided Roadwa EA 12 SI le Water Service EA 13 Swale Gradin &Soddin SY i4 AS-BUILT Drawin s LS 15 Larrdsca Allowance LS 16 Utili Aiknvance LS 17 Video Allowance LS 18 Indemnfficatbn LS CONTRACT AWARD EST. QTY. UNIT PRICE EXTENDED TOTAL PRICE 1 $9,375.00 $9 375.00 1 $3,125.00 $3125.00 1 $17,000.00 $17,006.00 67 $60,00 $4,020.00 120 $58.00 $6,960.00 873 $15.00 $13,095.00 40 $12.00 $480.00 140 $12.00 $1,680.00 1 $12,500.00 $12,500.00 1 $10,600.00 $10,ooo.Do 1 $35,000.00 $35,000.00 1 $3.000.00 $3,000.00 1,100 $17.50 $19,250.60 1 $6,250.00 56,250.00 1 $2,500.00 $2,5D0.00 1 $5 000.00 $5,000.00 1 $fi00.00 $600.00 1 $10.00 $40.00 CONTRACT TO DATE ACTUAL QTY. UNIT PRICE EXTENDED TOTAL PRICE 1 $9,375,00 $9,375.00 1 $3,125.00 $3,125.00 1 $17,000.00 $17,000.00 71 $60.00 $4,260.OD 95 $58.00 $5,510.00 345 $15.00 $5,175.00 253 $12.00 $3,036.00 378 $12.00 $4,536.00 1 $12,500.00 $12,500.00 1 $10,000.00 $10,000.00 1 $35,000.00 $35,000.00 2 $3,000.00 $6,000.00 1.100 $17.50 $19,250.00 0 $6,250.00 $0.00 0 $2500.00 $0.00 0.80 $5,000.00 $3989.50 i $600.00 $600.00 1 $10.00 $70,00 ;148,845.00 5738,366.50 19 Nbbilization/Demobilaation LS 20 Maintenance of Tratfic LS 21 Clearin and Grubbin L5 22 Pavement Markin s 8 Si na a LS 23 Round-a-bout EA 24 As trait Drive A ron wl Dase SF 25 Concrete Drive A ron B" thick SF 26 Sf le Water Service EA 27 Swale Gradi &Soddin SY 28 AS-BUILT Drawin s LS 28 Land Allowance LS 30 Utlllt Allowance LS 31 Video Allowance LS 1 51,250.00 $1,250.00 1 $1,250.00 $1,250.00 1 $3 400.00 $3 400.60 1 $6.250.00 $6,250.D0 1 $87.000.00 $87,000.00 276 $15.00 $4,140.00 969 $12.00 $11,628.00 1 $3,000.00 $3,000.00 660 $17.50 $11,550.00 1 $2,500.06 $2,500.00 1 $3,000.00 $3,000.00 1 $z,ooo.oo $2,000.00 1 $200.00 $200.00 1 $1,250.00 $1250.00 1 $1250.00 $1,250.00 1 $3400.00 $3,400.00 1 $s 250.00 as,2so.oo 1 $67,000.00 $67,000.00 150 $15.00 $2 250.00 189 $12.00 $2,268.00 1 $3.000.00 $3,000.00 142 $17.50 $2.485.00 o $2.506.00 $o.oo 0 53,000.00 $0.00 0.37 $2,000.00 $736.00 1 $200.00 $200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1 890.00 $9,360.00 $0.00 $9065.00 $2 500.00 $3,000.00 $1264.00 $0.00 ($27,079.00) I I s117,1rs.oo iso,os9.oo ~...®, .. 32 Nbbltiza0onlDemoblllzatlon LS 33 Maintenance of Traffic LS 34 Clearin and Grubbing LS 35 _ Concreb Drop Curb per F DOT Index 300 w! Conn Ftum~ LF 36 As haft Drive A ron w! base SF 37 Concrete Drive A ron 6' thick SF 38 5' Concrete Sidewalk 6" thick SF 39 Roadwa Si na and Pavement Markin LS 40 Divided Roadwa EA 41 S ed Table EA 42 Sin le water Service EA 43 Swale Gradi &Soddin SY 44 Stormwater T 'C" Inlet w/ Castin EA 45 15' RCP LF 46 AS-BUILT Drawl LS 47 Landsca Allowance LS 48 UNI Allowance LS 49 Video Allowance LS t $2,500.00 $2500.00 1 $1,250.00 $1,250.00 1 $3,406.00 $3,400.00 7 $1z5.oo $875,00 437 $15.00 $6,555.00 160 $12.00 $1,920.00 70 $12.00 $840.00 1 $3,750.00 $3,750.00 1 $41,000.00 $41,000.00 1 $12,000.00 $12,000.00 1 $3,000.00 $3,000.00 fill $17.50 10,692.50 2 $3,100.00 $6,200.00 32 $86.00 52,752.D0 1 $z,5oo.60 $2,s6o.6o 1 $6,000.00 $fi 000.90 1 $3 000.00 $3 000.00 1 $300.00 $300.00 1 $2,500.00 52,500.00 $0.00 $1.25D.oo $,.250.00 $a.o6 1 $3.400.00 $3,400.00 $0.00 6 $12S.00 5750.00 $125. 427 $15.00 $6405.00 $150.00 114 $12.D0 $1368,00 $552.00 325 $12.00 $3900.00 $3 060.00 1 S3,7S0.00 $3,750.00 $0.00 1 541,000.00 $41000.00 $0.00 1 $12,000.00 $12 000.00 50.00 1 $3,000.00 $3.000.00 $0.00 306 $17.50 $5,346.25 $5.346.25 2 $3,100.00 $fi,200.00 50.00 33 $86.00 52 838.00 $86.00 o $z,5oo.00 $6.ao $2,5oo.oD 0 $6,000.00 $0.00 $6,000.00 1 53,000.00 $3.000.00 $0.00 1 $300,00 $300.00 $0.00 5108,534.50 587,007.25 (t611,5Z7.Z5) f37~~ $326,462.76 (S~t9r0 ITEM EST, UNIT EXTENDED UNIT EXTENDED NO DESCRIPTION UNIT TOTAL ACTUAL TOTAL QUANT QTY. PRICE PRICE QTY. PRICE PRICE ADJ. + / _ ~n n rcu ~ • Stam corurete circle islands o e r to 445 1 Data $6.00 4' condutt to median island 216 $10.00 ROadvre tchin for conduits 84 $30.00 1' aS halt Overly chicanes 420 $8.00 _ TOTAL CONTRACT AWARD 8t PREVIOUSLY APPROVED CHANGES $386,257.50 $2,670.00 293 $6.00 $1,758.00 $812.00 52,160:00 216 $10.00 $2,160,00 $0.00 $2,520.00 84 $30.00 $2 520.00 $0.00 $3,360.00 413 $8.00 $3 304.00 $56.00 $10,710.00 ~~~ 59,742.00 ($968.00) $336,204.75 ($50,052.75) CHANGE ORDER NO. 21 FINAL Quantity AdJustments (above) Contract Adjustment: Charge to Asphalt Conauttants far 2 Field Density Test Failuros on 512!07 ®521.OO/Fallure TOTAL CHANGE ORDER NO. 2 !FINAL (550,052.75) ($az,oo) (550'084' GRAND TOTAL CONTRACT AMOUNT CHANGE ORDER NQ. 31 FINAL SUMMARY Original Contract Award 5375,547.50 Previously Approved Changes $10,710.00 Total Award and Previously Approved Changes 5386,257.50 Final Contract to Date $336,162.75 CHANGE ORDER N0.2 /FINAL (150,094.75} Agenda Item No.: ~~~ AGENDA REQUEST Request to be placed on: DATE: June 29, 2007 Consent Agenda X Regular Agenda WHEN: JULY 10.2007 Commission Meeting Special Agenda Workshop Agenda Description of Item (who, what, where, how much): This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final} in the net deduct amount of (-$50,094.75) and final payment in the amount of $33,578.47 to Asphalt Consultants, Inc. for completion of the Chatelaine Subdivision and N.E. 14`x' Street Traffic Calming Project #2002-014. Background The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. Residual funds to be liquidated from Purchase Order #638421 to funding account 334-6130-541-63.89 (General Construction Fund/Improvements other than Buildings/Neighborhood Enhancements}. ORDINANCEIRESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in th net de amount of (-$50,094.75) and final payment in the amount of $33,578.47 to Asphalt Co Inc. for completion of the Ch lai a Subdivision and N.E. 14~h Street Traffic Calming Project. Department Head 1- Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation {if applicable) Budget Director Review {required on II items involving expenditure of funds): Funding available N ~~ Funding alternatives NIA (if applicable) Account No. & Description: NIA City Manager Review: Approved for agenda: ~NO Hold Until: t/%~ Agenda Coordinator Review: Received: _ Placed on Agenda: Action: Approved/Disapproved S:\EngAdmmlProjectsV2007~2002-014VOFFIC[ALVuphah CO 2 Fmel Agada Req GC 07100'/.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TRACIE M. LUTCHMANSINGH, P.E., ASST. CITY ENGINEER THROUGH: DAVID T. HARDEN, CITY MANAGE DATE: JULY 5, 2007 SUBJECT: AGENDA ITEM # V ~ 1J -REGULAR MEETING OF JULY 10.2007 SEACREST SOCCER COMPLEX -SERVICE AUTHORIZATION #04-04 TO KIMLEY-HORN AND ASSOCIATES. INC. FOR CONSULTING SERVICES (PROJECT N0.2004-051) ITEM BEFORE COMMISSION Attached for your review and approval is Service Authorization #04-04 for Kimley-Horn and Associates, Inc. (KHA) for additional professional consulting services required for all work associated with modifying the Seacrest Soccer Complex (previously known as Atlantic Soccer Complex) construction documents. Scope of services will include revision of previously prepared construction documents and re-subrt~ittal to SPRAB and the Building Permit Department for review and approval. Service Authorization #04-04 is in the amount of $34,100.00. This includes $9,500.00 for KHA and the following amounts for their sub- consultants: $4,500.00 for the Landscape Architect, $17,800.00 for the Building Architect and $2,300.00 for the Electrical Architect. BACKGROUND KHA, the prime consultant, submitted 100% construction documents on January 31, 2007. However, due to City budgetary issues, in Apri12007 the City Commission decided to proceed with improvements to the Seacrest Soccer Complex, but with the stipulation that the scope be modified to provide only a single story structure. As a result, the building will have to be re-designed to eliminate the second floor and it's associated building elements. In addition, the single story building will have to be designed to allow for the future addition of the second floor and associated improvements. This will require modifications to the completed architectural, structural, electrical and mechanical design documents. FUNDING SOURCE Funding is available from the 2004 Parks and Recreation Bond Fund account #380-4150-572-63.49, Soccer Complex. RECOMMENDATION Staff recommends approval. Enc Cc Richard Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Carolanne Kucmerowski CMT (originals) City Clerk Project File 2004-051 & Agenda File C:\Documents and Settings\gaskins\L.ocal SettingslTemporary Internet Files\OLKB21Agenda Memo KHA Serv Auth 07-10-07.doc SERVICE AUTHORIZATION NO. TO THE AGREEMENT TO FURNISH PROFESSIONAL SERVICES DATED ,BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND KIMLEY-HORN AND ASSOCIATES, INC. This SERVICE AUTHORIZATION shall modify the professional services agreement (AGREEMENT) BETWEEN THE City of Delray Beach (CITY) and Kimley-Horn and Associates (CONSULTANT) referenced above and shall become part of that AGREEMENT as if written therein full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an Amendment to this agreement. 1. PROJECT DESCRIPTION The City of Delray Beach (CITY) has directed CONSULTANT to make certain changes to construction documents prepared for the improvements to the Atlantic High School Soccer Complex, now known as "SEACREST SOCCER COMPLEX". Changes include: • Remove second floor of the concession/restroom building, reduce footprint of building and plan for expansion of second floor in the future. • Remove requirements for grading and resodding of the stadium field as well as improvements to irrigation system for stadium field. • Revise all plans and specifications related to modifications. Once plans and specifications are complete resubmit 100%' construction documents for review by the CITY, submit for SPRAB review and approval and submit to Building Department for review and approval. 2. SCOPE OF SERVICES This work authorization includes the revision of previously prepared construction documents and assistance in obtaining construction permits. 1.0 REVISION TO CONSTRUCTION DOCUMENTS On March 23, 2007 the CITY advised CONSULTANT that the project was being placed on hold. Prior to March 23`d, 100% Construction Documents had been submitted to the CITY, SPRAB approval had been received and plans had been submitted to the Building Department for permitting. On May 18, 2007 a meeting was held with the CITY to discuss restarting the Project. Direction was given to modify the construction documents as detailed above. In order to accomplish these changes most if not all construction plans will need to be changed to incorporate the new building floor plan. This task will incorporate the new floor plan into the construction documents as well as remove the improvements to the stadium field. Once revisions are made 100% construction documents will be resubmitted to the CITY for review and comment. Deliverables: • Final (100%) Submittal: 0 10 sets of 24" x 36" Construction Drawings 0 10 sets of Technical Specifications o CD with PDF electronic files of final plans and specifications 2.0 BID AND AWARD SUPPORT SERVICES No change from previous agreement. 3.0 PERMITTING Once 100% Construction Documents have been submitted to the CITY, the CONSULTANT will resubmit on the CITY's behalf a Site Plan Review and Appearance (SPRAB) Package. The CONSULTANT will attend the SPRAB meeting on behalf of the CITY. In addition, a Building Permit application package will be prepared and provided to the CM at Risk Firm for submittal to the Building Department. There are no other changes to this task. There will be no resubmial to South Florida Water Management District since a permit has been received and modifications are considered minor. 4.0 CONSTRUCTION PHASE SERVICES No change from previous agreement 5.0 SERVICES NOT INCLUDED This authorization does not include the following task: • Construction Phase Services other than those described here-in • Design of any Traffic Signals • Design of entry signage 6.0 INFORMATION PROVIDED BY THE CITY No change from previous agreement III. BUDGET The Consultant will provide the basic services described in this scope of services for the lumps sum amount of $ 34,100 as shown in the attached staff hour estimate. This fee includes $ 32,600 of labor and $ 1,500 of expenses. The lump sum amount does not include any allowance for Additional Services. The fee break down is as follows: Prime Consultant- Kimley-Horn and Associates- $9,500 Landscape Architecture and Irrigation- Glatting Jackson $4,500 Building Architect- Walters-Zackria $17,800 Site Electrical/Sports Field Lighting-EDA $2,300 Geotechnical Consultant- Tierra $0 Total $ 34,100 IV. COMPLETION DATE The CONSULTANT will initiate work once the Service Authorization is approved by the City Commission. No separate Notice to Proceed will be issued by the City. Revisions to construction documents will be initiated immediately after Commission Approval. Approved by: CITY OF DELRAY BEACH: KIMLEY-HORN AND ASSOCIATES, INC: Date: Mayor Date: By: (Seal) Witness Witness Attest: Attest: BEFORE ME, the foregoing instrument Approved as to Legal This day of of 2006 Sufficiency and Form was acknowledged by On behalf of the Corporation and said Person executed the same free and voluntarily For the person there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 2004. Notary Public State of Florida My Commission Expires: 4 ~~~.~i~~or~a~s .tune B, 2047 Mr. Michael Caney, P.E. iCimley-Hom and Aaaodattes 4431 Embarcadem Drive Wbst Palm Beach, FL 33407 Re: Atlartia Soccer Complex Delray Beach, Florida Dear Mr. C+H'e!-: We are pleased io submit our propose! far additional engineerlrtg services for the above prvjacL Our aeNit:es shall include campieted tradngs of drawings fior the work, covering ail phases of our design, in acoorriance with a format determined by you. Our scope of work shall include the following: 1. Revisions to the site plan as the r+ssu~ of the building footprint modifications. Our design shah include the caoorxirtaiion and design assodata+d with Florida Power 8 Light and Bell South iia the building 2. Revisions to the single line dagram as the result of the building faaiprfrt madific~tions. EDA to coandirate rsi#~ the building MEP engineers for butidirrg povwar requirerr~rrts. Our scope of services shall include the engineering services as outlined above. The attached spreadsheet provides an estimate of our anticipated work effort. The above work will be performed on a furnp arm basis and will be billed a# monthly intervals. Our fee far this work shall be x'+2,300.00. Travel to and from the efts and other dfnsct costs are rnduded in the overhead Hale and will Hat be billed as a separate line item. Very tru urs, Dian M. , P.E. ACCEPTED pq~ .~...~ ~m-0otna~ wa~t~~ • za~r~a A~socistes A~,• June 4, 2007 11+h: Michael Cary Kimley-Hors arEd Associatrxs,1ac. 5100 N.W. 33'a Avenue, Fort iaudardala, Florida 33309 ~-aert S.,APalbers, ~- rt. eta, csi ~t Re: Ardriteckarsl Sarviocs Pr+aposal -City of Ddray ]3esch - Atlantic Soccer Psrk- Ad~diitiauoal Cervioea Dear Mika: The pmject ocrostruatiats docamaeretis were flomplated and submitted fare permitting to iha City of Delray Beach Building Depmbmeat and to State of Florida Dcpermient of CAmmgoity Affairs (DCA). The project was also submitted to and reviavved by the City of Delray Beach Sits Piau Review and Appearance Board (SPRAH). The arigiaal bnalding, based on project pno~, was design as a twao~tory secuoture. Sabeertuent to completion of tl~ constmction docamne~ end the audined ~Ismittals, City Commission reviewed the project scope /budget and dingy stafft+n pmctxd witfi a singUe~bory bosflrliag. As par the City Commissioa'a diroctive, the $rm of Waiters ZacdCria Aesociadea, PLrI.C pa+oposes flue foliovving modification bo fire original, scope of work and fac sch~aie 8or the abovo-mom p~jecC. The project wyill include a new i ~3U sf sietigle-atrny concassiast f restroom building. F~ IIoor will include easan area, Man's and Woman's restrooms, akuatrical xoam and storage. The seaorrd floor meeting room, elevator and stairs will i-e aliminai~ed. The bniid~iug's architectural style and fagade dttailing wt7i match building curr~tiy in design by yVZA far the City of Delray Beach. We wdl reviec all building Arcditoctural, Structural, l~ec#rical, Mr~hanical design documeata. Wa estimate the revised building cost to be appro~dmateiy $450,000. This cost is based on a budget estimato of 52341 sf intariarr area. ~.9IC~SER~~_ J'HASB III CONSTRUC7TQN DOCUIYIENT'S PHASE TASKS CDNSTRUCITOI~T DOCtTMENTS PHASE lY TASK 6 BUB.DING PERMIT SUBMITTAL QPTIONAL SUPPi •~Ms?NT'AL SERVICiiLS PHASE II SPIRAB! CdhliNI35Y¢N ,'~ P~A~ TASK 4 SPRAB / COMMISSIt?N R,EVIE'QV SUBMITTAL 8Z0 3outfisad 1st Street, Fort Lauderdale Florida 33301 Ftariria Re~straffon: AA28i>Q0970 Ph: 95+t-622~4hxi Far 954~i22~128 waltrn~_zarbelecuth.net Raae~e s. vvan~s, nt~ aiwas ~. zaeacrhi, tit A • Phuodag • Dssigw Pr+mr[dmt Vice Presilmt ~~ TASK 5.2 CONSTRUCTK}N DOCUMENTS - lIXM/- -1%EYI3IONS At+chibacdual plama, details, and scleedreies wiIl be modified- $truc~rtral, M~ochartical, El~trical, and Plmoubing P.nginoeariag will be modified. Bid specifications will be modified. WZA will provide revised architednral, slroctural engine,~ring, mecluutieal aad eloctiricai eating specific to tfte 8 m'Y ~ secare a building permit. Each sheet in the set will regniro tnoditieations sad coordination. TASK 5.3 100'/. SUBMISSION • RESITBMTTTAL WZA shall pn~arc and submit for OWNER ! KHA's review and appmval, rovisad ~s~~uCtios< docameats at 204'10 ~~~ TASK 6 BUII.DIl~TG PERMIT SUBAQITTAL PHASE _ RESTJBMITPAL WZA shall submit a roll sat of revised building pleas tQ KHA for Crty'x ba>7ding d~ogart~t for review. WZA will make the necessary revisions regained, wlveh are part of rite base project handing program and scope of work QPTIONAL 3UPPY.KMIIiIV'TA23, fiRRVi['~I:Q TASK 4 SPRAB REVIEW - S~RAB 13F.SUHIVIITTAi, Services will induda proparmg . submittal, and grosasttatiotts m Situ Plan Review and Appearance Commitsee fur building modification approver. ff any special variances or waives are r+equirod, WZA wili submit foe these ~ an additional service provided ads an hotiuiy basis. III. IpEL~YB.RABLEB W7A shall submit the following ss deliverables: + 17nQa (3) copie$ of tfte 200"Y• completed a docuansernye for OWNER / tCHA review and approval • Three (3) of sigzrad anti sealed constrncnian documents wi#h spocificatiasa for OWNER 1 KHA use. ff the OWNER 1 ICHA sho~nld. desiro sdditional copies, prints, Plans, handouts, a other material, WZA shall provide at nornral reimbursable rates and as a~xoved axl aat>roriad by OWNER I ICHA in advance. 620 Southeast 1ffit 3trieed; Fort i.auderdala, FlnHda 333Q1 Ftarida Rs~piet<at[an: AA26000970 Ph: 9Gd-b72~t12vi F~ 954-522-4128 waiters-,z~k-ia~belt~th.r~at Walters • ~aclaria Asaoc~ates ~~~~~ ~ ~ K~a~~ ~ Ate. rte. n~a Pratt vies Prat dy. S~MP]&NSATION Coa~asatian for services renderod mrdcx this prapoael aril! be on a lump amn as described antler each tztelc and in accardartce with the terms and cows of this Agreem~. The proposed design foes and sohedr~le ame based va the scope of worts speciiicadly listed m this proposet. if tba scope of work chatageB, anatheer fee prapossl and a schedub update wilt ba required. The fees gaoled ia.tdtis proposal era valid for 60 days. Anrhitsctural ~ E::git~ring Sevv~ices £ees per Task: TASK FEE Task 4 - Sl'RAB f Commission Reviews S 1 000.011 Task 5 - Caatstrnation Docu,omcds S 19 00.00 Ta9k 6 -Submittal far Bai Pesnait S 800.0(1 TOTAL BASIC LUMP SUM AMOUNT S x7 00 R18IMBURSABL&S BiJDGIdT it: i ~ J ~~ 11~»._ S 500.00 lgeQmit fee appliaatian for various agency r+cvietvs ahaU ba a reimbaraable item, if applicable. Soil Borings sad Survaya shall be a reimbarsable item, if applicable. Other ze~rsable items shall include bha~rinting, Ph~B'mPhY~ ~, couriez setvir~sa, platting, ao~r renderings, material boards, permit fee$, etc. It >a s the ~ owNER i KHA allaca~e a reimla~rsabte budget of s 500. Upon receipt aE the eaoeaated work aathariraEio~n or purchase order, WZA shall proceed with the work ~ described shave and complete all task as folkmrs: • SPRAB / Comni~a Review Unlarovna • I00% Canstnrctaon Docmuernts 30 clays T~~ 30 ADDITIONAL DAYS Nom The proposed echednle begins from Notice to Frooeed. It does nwt irrctude caoi:aensus building, public mtctings, Owner ~ K$A + ~4 changes ~ P schematic dew, sits platting, or otter uolaDOwn factors which could agnificarrtiy inipact the project satUednle. BZO Sout{~eaet #et 3ireet, Fart Lauderdale, Florida 39301 Florida Corr: A+428000970 Ph: 994,,522-4923 FarC 954-522-4128 vraitars zadaia~miieou{hnet ill~aitors • Zackria Associates Ar~st~s • Pt..~ • tin Predd~t v~o P,xsideast vn~ ~~~ H©nrly R~ Ror Sapplemeatul agd Addi~ionsl Serviree - Homy rates for addiriona! sorvicxs sha11 tie based upon standard Srm hourly rates for the current year. Rates for fiscal year 20t}6 are as falk}vrs: Principal Ar~titeot l Enginxr $1G3 Project Managmr $135 CAD ~ $1QQ Bzeiasions - All sits utilities -water and sewer will be designed and pecortit#cd by TCI~A -this work is not included in the scope of tLis paroposal. Landscape and 1Qigatioat design services w,~l be by others -.this work is not iYtchuded in the mope of this proposal, Comptiauce with Taws - WZA shall perform its services consistent with sound prp£essional practice and endeavor t0 in~CUrpOratC l9.rvs, rogutatrona, COdOSa end 8ta[ld~rdB 8ppl1~a~lC at t16C tine t~1e w~i~C 18 pE~foi211ed. ~3t tale CVEti1t that standards of ~Ce during tbC Project, W~A Bhall be etttttled tD additional compa~sation whsra additional Ser'ViGeS era aeedad b caa8orm to the standard Of prectioC. Permfts and Approvals - WGA w,ili: assist the OWNER f KHA in prepa<ing aPglicatiaas and supporting dooamants for the oWNER I KHA to sec~aa permits sad appmavals from agencien having jtuisdiotion over the Project. The UVVIdER ~ KI3A agross to pay far aU applicatien, impact and review foes. owner ! KHA's TnsQraico -'T'he owNER / KTdA shall miler ~raagoments for Buildef s Risk, Prateetive Liability, Pollution Prevention, Tksig~a /Band sad other sperriffic ins<uan~ce coverage warntated Ear the Project iaa antawnts appropriate to the i'rojcct value and risks WZA shall be s mm~ed mear~ o~n those policies where 11V~A may be at risk The OWNER ! KHA shall obtain the Donnas! of others in setting insm~nee limifs for eeashnc~iort contrasts, Constracbion Safety -The GENERAL CONTRACTOR is solely tespoasible fur initiating, paaintaining a~ad supervising all sa8ety p~reeautions and p%g~ams in eonnee~ion with the work. Architect is not responsible for the means sad radboda of caastnu~fioa or for related safiety prccaQtions and programs. Owa~ip of Docameut: - Docnrnents pKeparad by W7.A far the Projecx are i~ of service and abet[ remain ~ Pa'oP~3' a~f WZA Rsoord doanm+enes of service shall bs based on the printed copy. Tbird Party C'la®s -The OWNFA / KHA will contpeas~te W7,p- for services perfourored is da£ense ~ any third party claim unless the olaum rosulbed from the negligent ant, eanar er omission of WZA Additional services . grequested by the OWNER ! KHA, shill ineLrde addi#ional tasks not specifias[ly nveabioaed above. All additional services requested by the OWNER J ICHA, sL,all be billed. at the firm`s standard hourly rates. Additional services may also include: Major redesign effort due to c3iaoge in overall Project soaps. budget, or prograntmiag. Additional design ~ cctiun oversight far caushu~ction evalaabio~n of oDr-structian doRciu~es or deviabicns fi~ the aoms4nmti~ duets. Repair details or es-bmlts duo to KHA's error or uoa~harizbd deviation. Presantatiaas, meeting with seer grooms, variance submittal and reviews, oomnmission meetings, etc. Any design m' scope ao the caastcactiaa doeuardnts, inchrding vaLte aragineering, cnnttmty to previoas approvals and apeciScaily a#ber the 1t1tWi6 oons~clioa document set Las been completed. Q~20 8adhetit 1st 8traat, Fort L.aiudsr~ials, Fi+alda 333tM Flor9da Registregon: ARZQ~70 Ph: 9S4-822-4129 Fax: e54~i22-128 vraltars...~accfo~iat~eElsotafi.net Waltat~s • ZackrEa As~oc~ate~ Rohest 9. YIlaliars, A!A Abbas ti. Zaoicrta, C31 At+dt{tedrn+e • >°~mrieg ~ ~ Pr~lent Vice 1'raidant l?latting -- It is assunsod Nut the site is catrmmtly platted. ~f platbiag is rerprired, the UWNER! KHA. shalt his+e a civil engiuoar / sarveycr to obtain a stew plat. If the architect Liras civic engineer ! sorvey~ for site platting, this shall be sun additional servira cad billed acoarilingly. Ts~'itc Cnncnrrencp .Review - (3WNLR 1 K1iA aha11 biro a traffic engisrea far say caamcrency review, rocommendmtions, and in>pkmesrta~ti~, if required. if the architect lures traffic e~inaer, this shs}l be an additional service and bs'ried acoordiagly. Site 3rrrwey -The OWNER / KHA shell hue a sarvey firm to oompik as accns~e curr~tt CAD sarvey which issciudes reads, banndarip, oasavm~eub, topography at max 58' grid, existing building location and sine, existing tea loce3tioa with species aad size, existing equipsucat inchxliag tocn'tion of alt sunderg~morsd fuel storage tasdrs, and $II exia6ng visible and cwai~led utility infarma6iaa. All existing impra~v~ements, sut3i as parking lots, $e4tcing, light poles, eta., shall be showa..Arahitect shall not be reaQonssbk or liable fur imndac~nenbcd or maocurate saivey infermasioa. If tha architect hires the sarveyar ~r site stirirey, this shall be as additional seaviae and billed ~Y~ Geote~nil~tl Teat~ag Girl Rdati0l - ThC OWNER ~ I~FIA shall retain t180r7 testisig agency ~ pernide soils borings and dam. testiig as dictatcd by tba aacLitac;t ~ the sub~sisuh~ts. utiuty service c~«~ -- x~t s Soopa 5hr;p DrawingReview -Shop drawing reviews will be billed ars an hourly basis Payment Tams -- Services will be iavoieed snot an the percent of each phase completed. Paym~it will be earpected within {30) days. A periodic charge of 1.5'/.1 morelh will ba charged on lane p~messts. Liability -Please awls brat the fora cannot be hoM liable a reapamsible for existing site or adjaoerit building conditions. The firm's liability shall be Iinairood to 510,000. IndemniRcatian -The OWNER / ll~HA issdamtsify WZA and bold harssrleas against arty and .all claims, demands, sudts, actions, damages, and dames of action relied to or arising rnit o£ a in say way casir+eotmd with the perfosmaace of the work Additionally, the OWNER ! KHA shalt defeml ai-y action or porooeodiigs brought against the architect and hold tha architect harmless ft+ano suc>! claims, damands, suits, >ctions, damages and causes of action, iacludiug the invean or the defeaae thaaroaf; and firm and againnst any eiders, jac~ents ar docnass which may be enured a9 a rasnlt thereof. Sarvices will be isi~itiatat once we s+ecaiva a posdiase order or a siotiioo to pxoceed. Thank you for flia oQportunity ba quato pmSassional servicx foes for this project. Please content me if yon have any questions. Sincerely, 1Gimley Hori.Associates Date Apporovod Abbas H. Tacioria, CSI Yce President BZO Southewst 1st Fort L.audard~e, Ftorids 33904 Fh:954-622#123 Fex:954S22.128 Floritdo Repietration: AA2900Q974 rvaltars~at.kriasou3i.net a~ c ~s t~ ~~ ~_ ~~ Vi ¢¢0 3~ O. • a ~~ GLATTiNG JACI~S~N ~lERCHER ANGLIN AUDITIt)NAG SET~VTCES LETTER OF AGRE>pME1VT Jack F. Gam, Faa~dtr wwm J. ~, J< Ootiid L ~ a•adr ~ ~ oan ~ surdn F~+atee ca.aa.~wta CMrrs P. Gt+bMe Jay H Eiwn awnwa Hrye JytR.trod TlnoliY T. JorJvon w~aen G Ifnebw, Jr. 1NeMtr M. K~ieah a.aca iaoy Sharon K LenrMr tan ifA, Loalwood TtionesJ. MoMaGwL Jf. JoM Ft PoR.ry trgr P. Ruts Fopr G 8odiier oon~+ o. wrnex ~~~~ ChaAeu Y. A1Nita Come L 9orlw MMad Brawn ~r.~ Hiatt L aer owe iz aw. Tettl a ct,m.,rt Mblurl R COdMan Il 81akt On+rY Shaun C. Fetpueon Couylae V. t~ednes Join T. OrOYr At Mfaheei Q t~Nn 8nws G Ht~ John H. FielTploy PaMIrJo o.aipe ~, wemer tr+ar,oe v trewwio .LnsUm-Yap warn, o. ueK w~aira ~ Utrt P. Menby Jobsy F wtonuaF EdrartJ J. kkJCMrisy 9a~Ya K AI JoM J. Moore {~ Pi1ui J. llAoas JonM~on M. Mipngn Karen D. Hkiepn Kaure.n a o~..a Cadet f. Ptnz ~Mltdamuels Petemnn An4NO ~ PaMeen -iotlwotJ. PAIN ~~~~ ~ wt Robs Trti L BMndetl ~~t M'Ber P.:lobesolt Moewe4 0. Spann Jalf M. s-~e. Ffal A, Taybr ~ E wwr~ Jeaeph d wltbb John Feutw~eeegr coA+~Ky rn a:A.w 1m:.a`s,~ ado wMalFfYnBeaeh, FiN10t33ra1 F-ee, eeAeasz F: S81 8381786 www.giwCeinq.COn1 Iano 11,2007 iltichael Ca~y-, P.E. ICinsley-Hors and Assocrateei 5100 NW 33rd A,vrutne, S~ 157 Ft. Landcrdale, Floaids 33309 Re: Tklray BeacS A1is~ T{l~ Sciool Caaatrastio>n Tbcameata - Adtiitioaal Services Glatt;ng Jaeksaei Prajeat No. 20004.02 ~, Glatting 7scksaa is pleased to paovidc #his ~ Scape of Services #`as the Dehay Beach Atlasstic High School 3oocac Club Prajoot. The scope de~lod herein ~ntaina the eaiice scope of woiic to be pevfomted for this prnjcct is axpidaaare with the Steadard .4gxeement for Prafa~sional 5ervicxa between K,iniley-Horn dt Asaociaoas and 8 Jackson, dated January 2009. ~ on this project by prwidimg inigatioa tksiga servicxs will bo K.iieer do A~ie~. Uur tasks for this project era as follows: • Revise 1003b Landacal~e earl In7igatian nactioai Doeumaete based ou- the sew coavesaians lnxilding floor glen • 9lgaed elld sealed 100°~e Y.andaCgpe aubd ~rli eft Doc~menb b SBRAB Resabmst signed. atbd sealed 100°!o I.andsc~e and Imgat~on t:Onattttctioa Daarmeata to the Gky of Dehay Beach Department The fee far this worl~ shall be f0ar tha-uasnd fivt lsoadred dollaes (S4,S00) iuch>ding dicroct , Wa appmeciata the oppoctmaiiy to ooatinne tQ be of service oa this puvject if yo~t fiord these teanns aoocptable please alga where indicated below. Chadea M. Atkins ~~ Ivfana~ AGRRED TO A1~D ACCEP'T'ED BY: l~ley-Hose 8c AssOCfaaQa sy: Miohaei Carat', F.E. lta: eject >~e: Glattiag Jackson l~,ea+cher Anglin, Itrc. BY= David L. Barth lts: .Vice Date: Jta>ae 11.2007 Alrnr ~ EJrleodo 15fwtF*Yn aeaoh Date: 5 July 2007 AGENDA ITEM NUMBER: v'~ AGENDA REQUEST Request to be placed on: Consent Agenda .,_.X_Regular Agenda -,Workshop Agenda -Special Agenda When: 10 Julv 2007 Description of Agenda Item (who, what, where, how much): Attached for City Commission approval /authorization is Service Authorization #04-04 for Kj.mley-Horn and Associates, Inc. for additional professional consulting services required for all work associated with modifying the Seacrest Soccer Complex (previously known as Atlantic Soccer Complex) construction documents. Recommendation: Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review {required on all items involving expenditure of funds); Funding Available:~l No Initials: Account Number ~ 0 ~ ~ (~~~ ~ S ?~- ~~ Description Account Balance: '~`~Z~ ~~(4 Funding Alternatives: City Manager Review: (if applicable) Approved for Agenda:,/Ye yl No Initials: Hold Until: ~ Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2004\2004051\CONTRACT\Agenda request KHA sere auth 07-10-07.doc MEMORANDUM TO: Mayor and Commissioners FROM: Begot'la Krane THROUGH: David T. Harden, City Manager DATE: July 5, 2007 SUBJECT: AGENDA ITEM # D. h -REGULAR MEETING OF JULY 10, 2007 SWIM AND TENNIS WEST PARING LOT/REJECTION OF BIDS PROJECT# 2006-011 ITEM BEFORE COMMISSION The attached agenda request is for Commission approval for the Mayor to reject all bids. BACKGROUND The project is to rehabilitate the West Parking Lot at the Delray Beach Swim and Tennis Center. Two bids were open on June 28, 2007. The apparent low bidder, Landmark Construction, did not follow addendum number 1. The second bidder, West Construction, Inc., mobilization pay item exceeds more than 5% of the contract price. Attached are the following: the location map, and the complete bid tabulation for this project. FUNDING SOURCE N/A RECOMMENDATION Staff recommends to reject all bids. Enc Cc Project File Agenda File C:\Documents and Settingslsmithd\I,ocal SettingslTemporary Internet Files\OLK662\2007-07-10 Agenda Memo .doc LINTON 8 LVD c LAVER'S ~ r~ ~, ,o \~ '~ HERDN GRIN O dJRLE'W ROric __ /Y1 T ..~~.. CPTY Cf DE-LRAY BEACH THE DELRAY 5WIAA Q ~A~~o~o7 BMAROI~IENTALBER~p~AA71,B~IT TENNIS CENTER WEST PARKING LOT uvcnsex„ ~weau,awxi„aN,.a~r~or4Ra~-~ LOCAl10N MAP 2006-091 O rram~ ~.1 hxl r~ V , z W i-~1 V~ .--~ ` 1 ~1~I ~ C~ N H z ~, U a~ . 0 {~1 5 8 8 $ 8 8 S o o S o 8 8 8 8 8 ~ 5 8 ~ Q 2S ~ N`Q' '`i ~ r°e u`~'i ~' ~ ~~ 5 X Q$ ~ o g ~ ~~ 5 25 ~ w M ~ ~ ~ Q . . ~ ~ ^~ r w w w w w V- e} O~ _~ `6R 8 8 8 g $ 5 ~ ~ 8 ~? 8 $ 8 $ 0 0 8 8 8 r ° g ~ ~n $ w ~ w ~ ~ w m w v' w w w w g o g m ~ ~ ~° g ' °o $ o . 3 ~' v o c~ w g g g ~ °o , g g $ $ g $ g g g g g ~ Q pQ 4~ pQ l(7 ~ o 4 A m ~ o p f0 pp O pp ID 8 (p ~ ~ S S ~p yg v .n f-! w w ~ «. ~ c4'i w `~+ www w ~ w w r ~ w r ~ 0 `~~ w w vy .r h :x - ~ ~ $ $ °o °o ~i ~ g Qu g $ $ g 8 8 g g ~~ {j Z p S O p O In Q 1`IA" m w ~ , M W l~'7 K fV N , m IA ~ p 19 N w 8 iD pp In ~ pp O ~ ~ O ~ ~~pf ~ ~ mw w ~ ~w ~ w ~ $ ^ ~ o $ C ~ $ $ ~ g ss5 o ~ °o, ~ 1 $ o o°, g ~ 7 p ~ pp O pp C i C r O ~ pppp Op pp O S 8 8 8 p ~ 'O r M1 p [~ 7 h ~ 0 ? V ~G K <! N 0 N 9o 00 C G ~ O ~ ~ N_ O Q f"1 QQ ~i ~ ...~ ~` M w N W y Y9 y y fA y H y w H y H H H N ~ 8 ° 8 8 8 ~ 8 8 8 8 o ~ S 8 $ $ S o F` ~ar V C ~/+ O W O H H y N i~9 H O O O N pp 6 pp M W O ~~.~ H H N y y H H ~ H w H ~ (/~ w 3 ;.n ~ 0~D a ~ yy O N N N O N rn pp O .~ pp O R N N ^ "~ Q ~ O F "' ` € a ~ a m d v u Z ~ ~ ~ ~ '~ ~ ~ ~ ~ v'.~ ~ ~V ' V " S t~VJ ~ a ~ I. .F R yy Q ` ~ ~ !cR L ~ < ~c ~ ~y Y UU 6 .C C YYYY~~~~~ Y ~ ~ ~ ~ ' q Q O F ~ :! 6 E R 2 ~, 0 ~ c w . i ~ ~. `.z Date: Jul 5 2007 AGENDA ITEM NUMBER: ~ •v `+a~Mrd~ AGENDA REf~UEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda .-Special Agenda When: July 10. 2007 Description of Agenda Item (who, what, where, how much): The attached agenda request is for Commission approval to reject all bids. for the construction of Swim and Tennis center West Parking Lot. The project is to rehabilitate the West Parking Lot at the Delray Beach Swim and Tennis Center. Two bids were open on June 28, 2(}07. The apparent low bidder, Landmark Construction, did not fallow addendum number 1. The second bidder, West Construction, Inc., mobilization pay item exceeds more than 5% of the contract price. Staff Recommendation: Department Head Signature: City Attorney Review/Recommendation (if applicable}: ?~s ~~? Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: NIA Account Number N/A Description See above Account Balance: NIA Funding Alternatives: City Manager Review: Hold Until: Agenda Coordinator Review: Received: Approved for Agenda: ~ No Initials: (if applicable) S:\EngAdmin\Projects\2006\2006-Oil\OFFICIAL\2007-07-LOreget agenda.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TIMOTHY TACK, PROJECT MANAGER, ESD/CRA THROUGH: CITY MANAGER ~~~ DATE: JULY 3, 2007 SUBJECT: AGENDA ITEM # ~ s .I) - REGULA SUNSHINE PARK MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) CITY PROJECT # 2007-040 ITEM BEFORE COMMISSION Request for Commission approvaUauthorization for Mayor to execute Maintenance Memorandum of Agreement with the Florida Department of Transportation (FOOT) for the maintenance of landscaping along the east side of the I-95 wall abutting Sunshine Park. BACKGROUND The work is for the construction of a pocket park at 200 SW 15th Avenue, Delray Beach, Florida. This project generally consists of the following: grading, landscaping, irrigation, lighting and sidewalk. Part of the landscaping is in the FOOT Right of Way, and therefore FOOT requires a MMOA with the City of Delray Beach. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of the Sunshine Park Maintenance Memorandum of Agreement with the Florida Department of Transportation (FOOT) subject to the addition of language stating that the City shall indemnify FOOT in amounts not to exceed those set forth in Florida Statute 768.28. Enc Cc Richard Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Carolanne Kucmerowski CMT (originals) City Clerk Project File Agenda File U:\wwdatalagendalAgenda Info. 7.10.0712007 Agenda Memo Sunshine FINAL.doc RESOLUTION NO.40-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE BY THE CITY OF A PORTION OF I-95 (SR 9) LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the appropriate City officials of the City of Delray Beach are authorized to execute a Maintenance Memorandum of Agreement on behalf of the City with the State of Florida Department of Transportation, for maintenance by the City of a portion of I-95 (SR 9), a copy of which Agreement in substantial form as Exhibit "A", is attached. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this day of 2007. MAYOR ATTEST: City Clerk A T L A N T I C A V E N U E ~ !' ~ E ~I ~ ! ~ l -- ~ .~ ~ ~ Q d Q Q ~ ~ Q ~ _~ Q- S. W. 1ST ST. o 0 .a '° ~ Y h- }- ~~- u ~:/ ~ E''? N r-- 1~~- ,-- •- ~` a o ~ a a ~ ._.. - Ci ~ n 0 o _.._._ _ _....~_ N o ....._ _ ..._._ - - ,~ c 0 0 S. W. 2ND ST. I ° - ~ a > ~ ~ ~ ~ ~ vi vi ~. vi vi a Y ~ i a ~ I QQd ~^- v S m Z W Z_ ~ S. W. Z O W O pi Z O ~ _N .~ 3RD C~T. ._ 0 CITY of DELRAY BEACH SUNSHINE NEIGHBORHOOD PARK °7~ ~ LOCATION MAP 2007-040 E,ENeo~ vet ®~Ee~,ua~~a,o~wo~ 1 OF1 cii O ti m a a O z O tQsii t? y UX I~ W ~ W tt~~~ s { 3 ~~a ~~~ ~~ ~~ ~ ~ ERRE $F g +~ ~~~ ~~ ~ .g~ ~• wR Y4 S ~~€ a .~ ~~ ~~~ 8 ~~ ~~:~ ~; g~~ P ~~~ ~E > r '~ R~R~~ S~ ~$ ~~ YC g O P ~f as sECTION No.: FM NQ.(s): COUNTY: S.R NO.: DISTRICT FOUR (4} MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this dayof 20_,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the (INSERT TOWN OR COUNTY), a political subdivision of the State of Florida, existing under the Laws of Florida, hexeinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over {NAME OF ROAD} as part ofthe State Highway System; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits (or unincorporated if County) of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and areas outside the travel way to the f way line, excluding standard concrete sidewalk, shall be maintained by periodic mweeding, mowing, fertilizing, litter pick-up, necessary replanting, irrigation r ncrete replacements as needed; and WHEREAS, the parties hereto ' e the need for entering into an Agreement designating and setting forth the responsi es of each party; and WHEREAS, the AGENCY'by Resolution No. dated , 20 attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and/or landscape lighting {including meter) on the highway facilities as specified in plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. 2. The AGENCY agrees to maintain the improvements within the medians and areas outside the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the DEPARTMENT'S landscape safety and plant care gwidelines. The AGENCY'S responsibility far maintenance shall include all landscaped/turfed areas within the median and azeas within the travel way to the right of way line, including landscape lighting (including meter}. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of ail plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes: (1) removing dead or diseased parts ofplants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original Project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the landscape lighting in working order and keeping it from disrepair so as to not cause a safety hazard. Ta maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. If it becomes necessary to provide utilities to the median ar side areas (water/electricity} for these improvements, all costs associated with imgatian maintenance, impact fees and connections as well as on-going cast of water are the maintaining AGENCY'S responsibility. The above named functions to be performed by the AGENCY, maybe subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of ail decisions regarding, repayment, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 3. If at any time after the AGENCY has assumed the improvements and/or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exists}, by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (a} Maintain the improvement's or a part thereof, with DEPARTMEN'T' or contractor's personnel and invoice the AGENCY for expenses incurred, or 2 (b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscape/hardscape installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the improvements covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscape after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY'S responsibility. 5. The DEPARTMENT agrees to enter into a contract For the installation of landscape Project for an amount not to exceed $ as defined in Exhibit C. The DEPARTMENT'S participation in the Project cost, as described in Exhibit C is 1vmited to only those items which are directlyrelated to this Project. The AGENCY shall be invited to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day warranty and establishment period. 6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the Project, should the improvements areas fail to be maintained in accordance with the terms and conditions of this Agreement. 7. This Agreement maybe terminated under any one {1) of the following conditions: (a} By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph 3, following ten {10) days written notice. (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to alI documents, papers, letters, or other material subject to the provisions ofChapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 8. The term of this Agreement commences upon execution. 9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY'S negligent performance of the work under this agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement. 3 10. The AGENCY may construct additional landscape/hardscape within the lunits of the rights- of-ways identified as a result of this document, subject to the following conditions: (a} Plans for any new improvements shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. {b) All improvements shall be developed and implemented in accordance with appropriate state safety and road design standazds; {c) The AGENCY agrees to comply with the requirements of this Agreement with regazd to any additional landscape in.stalied; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the DEPARTMENT resulting from the installation of landscape added under this paragraph. 11. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, Oral or Written, with reference to the subject matter hereof that aze not merged herein and superseded hereby. 12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no moneymay be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained sha11 prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than 1 year. 13. The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 4 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. 16. Any and all notices given or required under this agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: If to the Department: If to the Agency: (INSERT CONTACT State of Florida Departmea# of Transportation PERSON) 3400 West Coxnmercial Blvd. Ft. Lauderdale, FL 33309-3421 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY By: Att (SEAL) Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By:, Transportation Development Director Attest: (SEAL) Executive Secretary Approval as to Form Date Approval as to Form Date SECTION NO.: FM NO.(s): COUNTY: S.R NO.: EXHIBIT A PROJECT LOCATION: (NAME OF ROATJ) from to SECTION NO.: FM NO.(s): COUNTY: S.R NO.: EXI3IBIT B The DEPARTMENT agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by Dated SECTION NO.: FM NO.(s): COUNTY: S.R NO.: E~;HIBIT C PROJECT COST This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated I. APPROXIMATE PROJECT COST: $ 8 Date: 03 July 2007 AGENDA ITEM NUMBER: ~ • . "'. AGENDA REQUEST Request to be placed on: Consent Agenda _X Regular Agenda .Workshop Agenda -Special Agenda When: 10 July 2007 Description of Agenda Item (who, what, where, how much): 1Zequest for Commission approvallauthorization for Mayor to execute Maintenance Memorandum of Agreement with Florida Department of Transportation {FDOT) for the maintenance of landscaping along the east side of the I-95 wall abutting Sunshine Park. Recommendation: Annroval ~ ..._ Department Head Signature: ~~{ ~ ~-~. -. ~' --~~~ City Attorney ReviewiRecommendation (if applicable): $udget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: {if applicable) Approved for Agenda: ~ / No. Initials: Hold Until: Agenda Coordinator Review: Received: 5:\EngAdmin\Projects\2007\2007-040\OFFICIAL\2007 agenda request.doc MEMORANDUM TO: MAYO AND CITY C~MISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: JUNE 21, 2007 SUBJECT: AGENDA ITEM # Z~. Lr -REGULAR MEETING OF JULY 10, 2007 MOTOROLA SERVICE AGREEMENT ITEM BEFORE COMMISSION The attached agreement between the City and Motorola provides that Motorola will service the City's portable radios as well as the equipment used for the City's dispatch system in the amount of $120,319.32. The Agreement begins October 1, 2007 and shall expire on September 30, 2008. BACKGROUND Motorola furnished its equipment and radios to the City approximately 6 years ago and has provided service to the City under an annual service agreement ever since. FUNDING SOURCE 001-2111-521-46-20 RECOMMENDATION Staff recommends approval. cc: Katie Hartmann, Communications Manager 0 MOTOROLA Field Service Organization 8000 W Sunrise Blvd, RCV West 11-14J Plantation, FL 33322 Phone:954-723-4718 March 5, 2007 Enclosed are two copies of the renewal contract for your service agreement with Motorola. Your current contract expires on 9-30-07. Please take a moment to review the contract and the attached equipment inventory and let me know if you need to have any adjustments made. I will be happy to make any necessary inventory changes to ensure your system is properly covered. Upon signature completion, please be sure to send one original contract back to the following address to ensure your renewal is processed in a timely manner. Or you can fax a signed copy of the contract to me at 954-723-4791. No billing will take place until the start date of your service agreement. To prevent any interruption in service, I have provided your renewal contract several months in advance to allow sufficient time for internal procedures that may be necessary such as submission for Commission approval. Anything you can do to assist in ensuring your contract is renewed in a timely manner prior to expiration would be appreciated. Motorola FSO Attn: Cindee Markel 8000 W Sunrise Blvd RCV West 11-14J Plantation, FL 33322 If you have any questions, please feel free to contact me at 954-723-4718. ' cerely, indee Markes South Florida Customer Support Manager Motorola, Inc. Q~~1 ~~ ~a~ ~ ~' 1007 CITY ATTORNEY MoroRO~.ta ~er.4.96Dildt°°° SERVICE AGREEMENT Attn: Natrona/ Service Support 1307 East Algonquin Road Schaumburg, IL 60196 (800) 247-2346 Date: 313/2007 Company Name: Delray Beach, City of Attn: Billing Address: 300 West Atlantic Blvd City, State, Zip: Delray Beach, FL 33444 Customer Contact: Ralph Phillips Phone: 561-243-7854 Fax: 561-243-7816 , Agreement Order # :0555014970607 Supersedes Agreement #{s} : S00001000431 Required P.O.: No Customer # : 1000303082 Bill to Tag # :0006 Contract Start Date: 10ro1/2007 Contract End Date: 09/30/2008 Anniversary Date: Payment CyGe: Quarterly Tax Exempt: Yes PO#: Qty Model/Option Description Monthly Ext Extended SVC01SVC1102 SVC01SVC1104 SVC01SVC1103 SVC01SVC1422 SVC01 SVC1101 SVC01SVC1410 SVC02SV00003 TOtal Services: Dispatch Service Technical Support Service Network Monitoring Service Local Radio Combo Package Infrastructure Repair With Advanced Replacement Service OnSite Infrastructure Response Service SP -Software Subscription Agreement $ 10,026.61 $ 120,319.32 SUBTOTAL -RECURRING SERVICES $ 10,028.61 $ 120,318.32 SPECIAL INSTRUCTIONS - SUBTOTAL -ONE-TIME EVENT SERVICES $ - ArrACH sTATEIwN oescRlvna+s roFwam Fat PERFatMANCE TOTAL $ 10,026.61 $ 120,319.32 See attached list for equipment covered under contract TAXES $0.00 $0.00 GRAND TOTAL $ 10,026.61 $ 120,319.32 THIS SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING JURISDICTIONS, TO BE VERIFIED BY MOTOROLA. SUBCONTRACTOR(S) CITY STATE Motorola -SSC-Call Center Operations DO066 SdTaumtwrg IL Motorola -SSC-Technical Support O ions DO068 Schaumburg IL Motorola -SSC-Network Management O 'ons D0067 Schaumtwrg IL Control Communications Inc. Davie FL Motorola -Infrastructure Depot Operations IDO D0002 Elgin IL Motorola -South Florida FSO (D0164) Ft. Lauderdale FL Motorola's Service Tertna 8 CondRions, a copy of which is attached to this Service AgreenterK, is iM7orporated harem tW this refereftoe AUTHORIZED CUSTOMER SIGNATURE TITLE DATE MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE FAX SPC v4.9 Build 1000 Release Date: 01/01/05 Cindee Markes 954-723-4718 954-723-4791 Customer: Delray Beach, City df Effective: 10/1/2007 f~yt Equipment Description 14 Quantar Repeaters 4 Centracom Gold Elite Consoles 6 Control Stations 4 RCH Digital Remote 1 Moscad (1 PC, 3 RTU} 41 Astro Spectra Mobiles 194 LTS2000 11 LCS2000 248 XTS3000 6 XTS5000 System Description 1 Prime Site 1 Hard Drives Receive Site 1 Dispatch Center 7 Channels Service Terms and Conditions Motorola, Inc., through its Commercial, Government, and Industrial Solutions Sector ("Motorola"), and the customer named in this Agreement ("Customer"), hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the Internet or the worldwide web, or for Equipment malfunction caused by such transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, anon-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred byMotorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULTlTERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of both parties to override and modify this Agreement; and (iii) such purchase order, acknowledgement, or other writings are signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any such information or data to any person, or use such information or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models; drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and return it to Motorola upon request. Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for such services on a time and materials basis at Motorola's then effective hourly rates. M~7'T~lI~OLA Statement of Work Network Monitoring, OnSite Infrastructure Response and Dispatch Service Overview: Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response services to the Customer. These services aze applicable only for the following system types: SmartZone up to release 6.2, SmartZone/OmniLink v2.0.3 and higher, SmartNet, Private Data (with a wireless network gateway) v2.0.3 and higher, and E911. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSC) detects an Event, trained technologists acknowledge the Event, run remote diagnostic routines, and initiate an appropriate response. Appropriate responses could include, but are not limited to, continue monitoring the Event for further development, attempt remote Restoral, or transfer the Event by opening a Case for dispatch of a Servicer. The Servicer will respond to the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will Continuously track and manage Case activity from open to close through an automated Case tracking process. This Case management allows for Motorola to provide activity and performance reports. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Recommend any needed Connectivity or monitoring equipment and coordinate installation of such equipment upon Customer's request. 2.2. Provide dedicated Connectivity necessary for monitoring SmartZone, SmartZone/ OmniLink, and Private Data system types. 2.3. Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.4. Continuously receive service requests. 2.5. Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1 2.6. Attempt remote Restoral, as appropriate. 2.7. Create a Case as necessary when service requests are received. Gather information to perform the following: 2.7.1. Characterize the issue 2.7.2. Determine a plan of action 2.7.3. Assign and track the Case to resolution. 2.8. Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information collected in section 2.7 2.9. Ensure the required personnel have access to Customer information as needed. 2.10. Disable and enable System devices, as necessary, for Servicers. 2.11. Servicer will perform the following on-site: 2. i 1.1. Run diagnostics on the Infrastructure or FRU. 2.11.2. Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.11.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.11.4. If a third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor onto the Customer's premises. Network Monitoring, OnSite Infrastructure Response and Dispatch Service Approved by Contracts and Compliance 12-19-03 page 1 of 4 MQTC~R~tA 2.12. Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference in the Customer Support Plan required by section 3.4. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.13. Escalate the Case to the appropriate party upon expiration of a Response time. 2.14. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved 2.15. Notify Customer of Case Status, as required by the Customer Support Plan at the following Case levels 2.15.1. Open and closed; or 2.15.2. Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.16. Provide the following reports, as applicable: 2.16.1. Case activity reports to Customer. 2.16.2. Network Monitoring Service reports for Customer System(s), excludes E911. 2.16.3. Performance/Availability Reports for SmartZone, SmartZone/ OmniLink, and Private Data Systems only. 3.0 Customer has the following responsibilities: 3.1. Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2. Purchase Connectivity, installation and monitoring equipment necessary for monitoring the System if recommended by Motorola. Failure to purchase such equipment as recommended by Motorola may prevent Motorola from rendering the services described in this Statement of Work. 3.3. Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET and E911 System types. 3.4. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.4.1. Case notification preferences and procedure 3.4.2. Repair Verification Preference and procedure 3.4.3. Database and escalation procedure forms. 3.4.4. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.5. Provide the following information when initiating a service request: 3.5.1. Assigned System 1D number 3.5.2. Problem description and site location 3.5.3. Other pertinent information requested by Motorola to open a Case. 3.6. Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 3.7. Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service is not possible. 3.8. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.11.2 3.9. Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3. i 0. Maintain and store in an easily accessible location proper System backups. 3.11. Fot E911 systems, test the secondary/backup PSAP connection to be prepared in the event of a catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.12. Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 3.4. 3.13. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide these services. Network Monitoring, OnSite Infrastructure Response and Dispatch Service Approved by Contracts and Compliance 12-19-03 page 2 of 4 MCi'Ti~J~~L~ Severity Definitions Table Severity Level Problem Types Severity 1 Response is provided Continuously ^ Major System failure ^ 33% of System down ^ 33% of Site channels down ^ Site Environment alarms (smoke, access, temp, AC power. ^ This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 Response during Standard Business Day ^ Significant System Impairment not to exceed 33% of system down ^ System problems presently being monitored ^ This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 Response during Standard Business Day ^ Intermittent system issues ^ Information questions ^ Upgrades/preventative maintenance ^ This level is meant to represent a minor issue that does not preclude use of the system, sub-system; product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as reventative maintenance or roduct/s stem u es. Response Time Table (Customer's Response Time Classification is designated in the Service Agreement). Severity Regular Premier Limited Level Response Time Response Time Response Time Severity 1 Within 4 hours from receipt Within 2 hours from receipt Within 4 hours from of Notification of Notification receipt of Notification Continuousl Continuousl Standard Business Da Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from of Notification of Notification receipt of Notification Standard Business Da Standard Business Da Standard Business Da Severity 3 Within 24 hours from Within 24 hours from Within 24 hours from receipt of Notification receipt of Notification receipt of Notification Standard Business Da Standard Business Day Standard Business Da Network Monitoring, OnSite Infrastructure Response and Dispatch Service Approved by Contracts and Compliance 12-19-03 page 3 of 4 MQ7'QR~lLA Monitored Elements Table (Listed by technology) S stem T e E ui merit SmartZone 6.0 Nortel; Packet Routing Network; Zone Controllers; Database Server; FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations};Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Environmental Alarms, Microwave) SmartZone 4.1 Zone Controllers; Database Server; Digital Interface Unit (DICT); Central Electronic Bank (CEB) Interface; AEB; Fu1lVision Server; Air Traffic Router; System Statistics Server (Multi-Zone); Zone Statistical Server; User Configuration Server; NOVA 2000 (Interconnect); Remote RF Sites (Site Controllers Including Simulcast, Stations); MOSCAD Overlay (Stations-Non Trunked, Comparater, TenSr Channel Banks, Environmental Alarms, Microwave) SmartZone 3.0 - 3.5 Zone Controller; Database Server; User Server; Digital Interface Unit (DIU); Central Electronic Bank (CEB) Interface; AEB; User Configuration Server (3.5); Historical Server (User Server 16); AEB Central Electronic Bank (CEB); MBX (Interconnect); Remote RF Sites (Site Controllers -Including Simulcast, Stations); MOSCAD Overlay (Stations, TenSr Channel Banks, Environmental Alarms, Microwave) SMARTNET Monitored by MOSCAD SiteSentry Site Controllers; Stations; Environmental Alarms; Channel Banks Private Data Wireless Network Gateway (WNG); Radio Network Controller (RNC ;Base Station E911 - Centralink Classic -Monitored by SEB Teltronics ALI Teltronics ANI E911 - Centralink Classic- Monitored by RAC Teltronics ALI E911 - C2000/Palladium Palladium ALI Teltronics ANI Network Monitoring, OnSite Infrastructure Response and Dispatch Service Approved by Contracts and Compliance 12-19-03 page 4 of 4 A~OTQRl~LA Statement of Work Technical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment. The Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues. Technical Support Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations. Technical Support is applicable to the following system types: Astro 25 6.x, SmartZone v2.0.3 and higher, SmartZone/OmniLink, E911, Private Data v2.0.3 and higher, SmartNet and Conventional Two- way. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.2. Advise caller of procedure for determining any additional requirements for issue characterization, Restoration, including providing a known fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed. 2.5. Coordinate technical resolutions with agreed upon third party vendors}, as needed. 2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and notify Customer of an alternative course of action. 3.0 Customer has the following responsibilities: 3.1. Provide Motorola with pre-defined information prior to Start Date necessary to complete Customer Support Plan. 3.1.1. Complete database and escalation procedure forms. 3.1.2. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of Customer, System 1D number, Service Agreement number, site(s) in questions, and brief description of the problem. 3.3. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. Technical Support Service Approved by Motorola Contracts and Compliance 12-19-03 page 1 of 2 M'iQ7~+~R'~LA 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. 3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severity Definitions Table Severity Level Problem Types Severity 1 Response is provided Continuously ^ Major System failure ^ 33% of System down ^ 33% of Site channels down ^ Site Environment alarms (smoke, access, temp AC power. , ^ This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 Response during Standard Business Day ^ Significant System Impairment not to exceed 33% of system down ^ System problems presently being monitored ^ This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 ^ Response during Standard Business Day ^ Intermittent system issues ^ Information questions ^ Upgrades/preventative maintenance ^ This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as reventative maintenance or roduct/s stem u des. Remote Technical Support Response Times Table SEVERITY RESPONSE Severi 1 Within 1 Hour from recei t of Notification, Continuousl Severi 2 Within 4 Hours from recei t of Notification, Standard Business Da Severi 3 Within next Business Da ,Standard Business Da Technical Support Service Approved by Motorola Contracts and Compliance II-19-03 page 2 of 2 M'~T~lR~L~4 Statement of Work Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit, SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. When available, Motorola will provide Customer with an Advanced Replacement unit(s) or FRU(s) in exchange for Customer's malfunctioning FRU(s). Non-standard configurations, Customer-modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. In cases where Advanced Replacement is not available or when a Customer requires the exact serial number to be returned, a FRU maybe available on a Loaner basis. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Use commercially reasonable efforts to maintain an inventory of FRU. 2.2. Provide, new or reconditioned units as FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3. Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4. Properly package and ship Advanced Replacement FRU from IDO's FRU inventory to Customer specified address. 2.4.1. During normal operating hours of Monday through Friday 7:OOam to 7:OOpm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of IDO and the Customer will own the Advanced Replacement FRU. 2.4.3. When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. lD0 will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7. Perform the following service on Motorola Infrastructure: 2.7.1. Perform an operational check on the Infrastructure to determine the nature of the problem. 2.7.2. Replace malfunctioning FRU or Components. 2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4. Perform a Box Unit Test on all serviced Infrastructure. Infrastructure Repair with Advanced Replacement Approved by Motorola Contract and Compliance 1-15-Q4 page I of 3 /rrt~rt~RnrLa 2.7.5. Perform a System Test on select Infrastructure. 2.$. Provide the following service on select third party Infrastructure: 2.8.1. Perform pre-diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4. Perform apost-test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9. Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a standazd default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect, IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, aze subject to additional chazges to be paid by Customer unless the Customer has a Motorola Softwaze Subscription agreement. 2.10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDO FRU. Motorola will return Customer's FRU(s} to IDO's FRU inventory, upon completion of repair. 2.11. Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standazd business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request an Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non- Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1. Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3. Follow Motorola instructions regazding inclusion or removal of Firmwaze and Software applications from Infrastructure being sent in for service. 3.1.4. Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five (5) days of receipt of the Advanced Replacement FRU from 1D0's FRU inventory, properly package Customer's malfimctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 If received, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Softwaze/applications and Firmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. Infrastructure Repair with Advanced Replacement Approved by Motorola Contract and Compliance 1-1 S-04 page 2 of 3 IM(r1TQRaLA 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, We following items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Infrastructure over seven (7) years from product cancellation date. 2. Physically damaged Infrastructure. 3. Third party $quipment not shipped by Motorola. 4. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges. 5. Test equipment. 6. Racks, fiuniture and cabinets. 7. Firmware and/or Software upgrades. Infrastructure Repair with Advanced Replacement Approved by Motorola Contract and Compliance 1-IS-04 page 3 of 3 MOTORC~La SmartZone System Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair Infrastructure Exhibit Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower to re-am lifters, antennas, cables, towers, tower li tin ,and transmission lines. Base Station(s) and Re eater(s) Includes: Quantar, Quantro, Di ital MSF5000 and MTR2000 ONLY. Central Electronics Bank(s) Includes Lo in Recorder Interface and Network Hub Channel Bank s) Includes Premis sand Telco .Excludes Siemens Com arator(s) Includes S ectratac, Di itac, and Astrotac Com arators. Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Includes keyboards, mice and trackballs. Excludes laptop computers and a11286, 386, 486 computers. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat anel dis la ima a retention. Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System -ONLY. Includes headset jacks, dual footswitches, and ooseneck micro hones. Excludes Centracom I. Controller(s) -Trunking Includes SmaztNet II prime and remote controllers. Excludes SSMT and SCMS controllers. Dictaphones and Recording Excludes all types and models. E ui ment Di ital Interface Unit(s) Included Di ital Si alto Modem s) Included u n modem model availabili Di ital Voice Modem(s) Included u on modem model availabili Embass Switch Includes AEB, AIMI, ZAMBI, AMB Management Terminals Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Excludes laptop co uters and a11286, 3 $6, 486 com uters. MBEX s or NOVA Interconnect Included Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All E ui ment must be shi ed to IDO. Excludes an on-site services. Monitor(s) Includes all monitors connected to computers that directly interface with or control the communications System. Includes flat panel displays and touch screen monitors. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat anel dis la ima a retention. Moscad Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be uoted se azatel .Excludes Fire alarmin s stems. Network Fault Man ement Includes Full Vision. Excludes NMC Printer(s) Includes rioters that directl interface with the communications S stem. RAS s Excludes RAS 1100, 1101 and 1102 Receiver(s) Includes Quantaz and MTR2000, ASTRO-TAC Receivers. Simulcast Distribution Included Am lifie s Site Fre uenc Standard(s) Includes Rubidium, GPS and Netclocks s stems sold with the Motorola S stem. Universal Simulcast Controller Included Interfaces UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes any on-site services. Excludes all batteries. Zone Manager Excludes HP715/33, HP 715/50 servers. Excludes x-terminals NDS14C and NDS17C Zone Controller(s) Includes console terminals. Excludes ALL Sun/IMP hazd drives exce t TLN3495A 0820 1 GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389. MI~T~'il4l~LA Statement of Work Software Subscription Console Only 1.0 Description of Service Motorola will provide to Customer Softwaze Subscription services in accordance with this Statement of Work. Motorola will provide periodic software bulletins to Customer at its address for notice purposes (or at another address that Customer may direct in writing). These software bulletins announce and explain Enhancement Releases and Core Releases for Motorola and Non-Motorola Software that aze available to Software Subscription Customers for use with their upgrade-capable Motorola Equipment covered by these services. Motorola will provide applicable Enhancement Releases or Core Releases as ordered by Customer. Software Subscription includes design services for Enhancement Releases only. Motorola will review System audit data (when this service is performed by Motorola) along with an equipment list to avoid potential Software incompatibilities between equipment that is being upgraded versus equipment which is not being upgraded with the Enhancement Release. Motorola will identify additional equipment and engineering (if applicable) for the System that is required as a result of the upgrade and will recommend a plan for installation of this additional equipment in addition to the core or enhancement release. Implementation of this installation plan is not included with the Software Subscription services. Additional Provisions for Software Subscription services that begin after December 31 2004 concerning SmartZone 4.1 and Astro 25 Trunking Systems: Motorola recommends that Customer maintains continuity in receiving Softwaze Subscription services until Customer decides to no longer install additional Enhancement Releases. If, contrary to this recommendation, Customer discontinues Software Subscription services and later decides to reinstitute Software Subscription services, then Motorola will provide those Softwaze Subscription services retroactively to the date such services were discontinued. Exclusions The Software Subscription program originated from and was designed to support Motorola's radio systems business. The Software Subscription program does not cover the software, hazdwaze, or services provided by Radio Service Software; ISD; Plant Equipment, Inc. {"Plant") -Motorola's E911 solufion subcontractor; or any Motorola business sector other than CGISS. Software not purchased through Motorola is not covered. Software Subscription services are not intended to, and do not, cover software support for virus attacks, games or other applications that are not part of the System, or misuse of the covered Software. Motorola is not responsible for management of anti-virus or other security applications (such as Norton). The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Provide to Customer the software bulletins announcing Enhancement Releases and Core Releases. 2.2 Provide to Customer (in response to a Customer order) those Features included in an Enhancement Release that apply to the Motorola Software in Customer's existing System components. 2.3 Perform the following Softwaze upgrade design: 2.3.1 Review Infrastructure System audit data as needed. 2.3.2 Identify additional System equipment needed to implement an Enhancement Release, if applicable. 2.3.3 Complete a proposal defining the Enhancement Release, Equipment requirements, installation plan, and impact to System users that will fulfill the Customer's upgrade requirements. Software Subscription tlpproved by Contracts & Compliance -1/2I/05 I of 3 M'f~T~,?R~„'~iLA 2.3.4 Advise Customer of probable impact to System users during the actual field upgrade implementation. 2.4 Provide to Customer (in response to a Customer order) those Standard Features included in a Core Release that apply to the Motorola Software in Customer's existing System components. Optional Features issued with a Core Release are not included under these Software Subscription services but are available to Customer, under a separate agreement at a discount from current list price (20% for voice System Optional Features and 15% for data System Optional Features). Once an Optional Feature is provided to Customer, Enhancement Releases for that Optional Feature aze available at no additional charge. 3.0 Customer has the following responsibilities: 3.1 Customer must contact its Motorola representative to order an available Enhancement Release or Core Release as directed in the Customer Support Plan. 3.2 Contact Motorola upon receiving a bulletin to engage the appropriate Motorola resources for an Enhancement Release. 3.3 Review Software installation plans and impact to the users with appropriate Customer personnel. 3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide these services to Customer 4.0 Special provisions: the following provisions apply to the Software Subscription services 4.1 Customer acknowledges that if its System has a Special Product Feature, additional engineering may be required to prevent an installed Enhancement Release or Core Release from overwriting the Special Product Feature. Upon request, Motorola will determine whether a Special Product Feature can be incorporated into an Enhancement Release or Core Release and whether additional engineering effort is required. 4.2 Customer is encouraged to install periodically Enhancement Releases because they may include minor performance enhancements and will keep the System current. In addition enhancement releases may contain updated versions of third party software enabling customers to obtain optimal support for these products. Customer is encouraged to migrate the Motorola Software to the most current Core Release because Enhancement Releases are available for a limited time for a given core release as defined by Motorola's life cycle roadmap.. If Customer's System is not maintained to a currently supported Software version, all Core Releases and Enhancement Releases may not be compatible with Customer's existing System. 4.3 Additional hardware, software, or engineering services may be required if Customer desires to upgrade or migrate to a particulaz Core Release or Enhancement Release. If the size and complexity of Customer's System warrants, Motorola may provide consultation services to determine the technological, operational and financial impact of installing a particular Core Release or Enhancement Release on the System, pursuant to a separate agreement. Customer must pay for such consulting services and for any other engineering services, hazdware, and software that are required to upgrade or migrate Customer's System due to each Enhancement Release or Core Release that Customer orders. 4.4 Customer may use the Software (including any Enhancement Releases and Core Releases) only in accordance with the applicable Softwaze License Agreement. Nothing in this Statement of Work or caused by Motorola rendering these Software Subscription services is intended to modify the Soflwaze License Agreement or to alter Motorola's intellectual property rights in and to its Software. 4.5 Software Subscription services do not include repair or replacement of hazdwaze or Software caused by defects that are not corrected by the Enhancement Releases and Core Releases, nor does it include repair or replacement of defects resulting from any nonstandazd or improper use or conditions or from unauthorized installation of Software. 4.6 Customer may terminate Software Subscription services at any time by giving written notice of termination to Motorola. Such termination will be effective at the next annual anniversary date following Motorola's receipt of the notice of termination and may be partial if that is reasonably necessary to accommodate a significant change to Customer's System configuration. 4.7 These Software Subscription services and the parties' duties described in this Statement of Work will automatically terminate if Motorola no longer supports the Software version in Customer's System or discontinues the Software Subscription program; in either case, Motorola will refund to Customer any prepaid fees for Software Subscription services applicable to the terminated period. Software Subscription flpproved by Contracts & Compliance -1/21/05 2 of3 M~1'T~R~LA 4.8 Motorola may suspend or terminate these Softwaze Subscription services, if Customer fails to pay Motorola any fees for Software Subscription services when due, Customer breaches the Software License Agreement or the Agreement, Customer's rights to use the Software under the Softwaze License Agreement expires or is terminated, or Customer replaces its Motorola System with a system from another manufacturer. Software Subscription Approved by Contracts & Compliance -1/21/05 3 of 3 MQTQR~L~4 Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following are excluded from Local Radio Combo service unless they are purchased as an option for an additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones, Portable Antenna Replacements Mobile Remote Control Heads. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be performed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature of the problem. 2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment, if the template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable, record the current flashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Local Radio Combo Package service to Customer. Local Radio Combo Package Page 1 of 1 Approved by Motorola Contracts & Compliance 04/30/04 M~T~R~'iLA Statement of Work Local Radio Combo Package OnSite Option -Pickup & Delivery 1.0 Description of Service Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan. This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. 2.0 Motorola has the following responsibilities: 2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location, days of week, and preferred time. If a pick up/delivery cannot occur according to the preferred schedule, Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable alternative date and/or time for pick up/delivery. 2.2 Generate service receipt and leave with Customer. 3.0 Customer has the following responsibilities: 3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time. 3.2 Provide problem description along with unit. MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: ~~~OBERT A. BARCINSKI, ASSISTANT CITY MANAGER DATE: JUNE 28, 2007 SUBJECT: :NDA ITEM # ' MAR5H & ASSOCIATES, INC. ITEM BEFORE COMMISSION Commission is requested to consider approval of a consulting agreement with Bridges, Marsh & Associates, Inc. to provide design services, prepare bid specification and provide inspection services for the replacement of 1,272 box seats in the Tennis Stadium for a base fee of $18,000 with an additional of up to $2,500 for reimbursable services. BACKGROUND On May 31, 2007 staff solicited proposals for this work. Four (4} were received, however, two (2) were considered non responsive since they did not include resume information outlining the firm and employee experience in this type work. The other valid proposal received was from Global Sports and Tennis Design Group LLC, who provided this service for the replacement of the reserve seats this year. Bridges, Marsh and Associates, Inc. designed the Tennis Center and Stadium and their proposal was $6,000 less than Global's. If the consulting agreement is approved by Commission, it is our intent to go to bid for the seat replacement and award the bid prior to the end of the fiscal year, with the actual installation to be completed after the Chris Evert Event, November 3 & 4, 2007 and before the next International Tennis Tournament, which starts February 9, 2008. FUNDING SOURCE Funding would come from the City Manager's Contingency Fund if approved. RECOMMENDATION Staff recommends consideration of approval of a consulting agreement with Bridges, Marsh and Associates, Inc. in an amount not to exceed $20,500 to provide design, bid and inspection services for the replacement of the Tennis Stadium box seats with funding to come from the City Manager's Contingency Fund. RAB/db U:\wwdatalAgenda\Agenda Memo re Approval Consulting Agreement Bridges Mazsh Assoc 2007.doc CONSULTING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND BRIDGES, MARSH & ASSOCIATES , INC THIS AGREEMENT is made this day of by and between the CITY OF DELRAY BEACH, a .Florida municipal corporation (hereinafter referred to as "City"), and BRIDGES, MARSH & ASSOCIATES, INC. (hereinafter referred to together as "Consultant"). WITNESSETH: WHEREAS, the City and Consultant agree that Consultant shall provide services as set forth in the Agreement relating to the- planning .and replacement of seating at the Tennis Center center court; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Performance. The Consultant shall perform all services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner. It is understood that Consultant is acting as the City's representative to provide professional options, advice and consultation on the project. 3. Duties. (A) Consultant's duties are as follows: 1. Review and make recommendations on seating options available for consideration. 2. Define improvements to be performed, including the concept for seating replacement. 3. Develop a Seating Replacement Phasing Plan which shows dimensions of existing layout to include visual diagram and shows how many seats will be installed and their placement based on size of seat that can be placed in existing area. 4. Prepare detailed plans and ~specificatior~s for bid by the City including all specs for type of seat and installation details and instructions. 5. Supply seating manufacturer vendors with existing plans and sections of the existing stadium for their layout options. 6. All Dimensions and details to be verified in .field by Consultant and selected vendor. 7. Review vendors proposals and make recommendations to City. 8. Assist City in the execution of the seating purchasing process and the installation of the selected seating. 9. Will provide on site installation management and inspection services through final acceptance of installation by the City ensuring installation is completed in accordance with bid specifications. 10. Perform other services as may be required or requested during the above process. (B) City's duties are as follows: 1. Supply Consultant with a Site Plan that shows the property and stadium; all improvements, utilities, major landscape elements, topography, easements, setbacks, and property lines which may be applicable to the scope of work. 4. Term. This Agreement shall commence on , 200_ and shall expire upon final acceptance of installation by the City. This 2 Agreement may be terminated by either party with seven (7) days advanced written notice; provided however if the City terminates the Agreement, the City shall pay for all work completed by Consultant and if Consultant terminates the Agreement, then Consultant shall pay to the City the contract amount or part thereof previously paid by the City. 5. Schedule. a. Authorization to Proceed. Work will begin within five (5) working days of receiving a fully executed copy of this General Agreement, executed by a duly authorized representative of the City. b. Work Schedule. - Completion of replacement seating plan within 30 days of contract execution. - Completion of all plans and detailed bid specifications within 30 days of contract execution. - Provide City with bid award recommendation within 35 days of receipt of bid for seats and installation. 6. Changes in the Scope of Work. City and Consultant agree in accordance with the terms and conditions of this Agreement, that if the Scope of Services is changed materially, all fees for uncompleted work shall be subject to renegotiation and payment in full for work completed. 7. Extent of Agreement. These conditions are offered for 30 days. If the Agreement is not executed in that time, a review of the terms shall be required before executing the Agreement. 3 8. Compensation. (a) Paymenf for Work. The Consultant shall be paid a sum of 18 000 for the scope of work to be performed per this contract. Payments to be made per the following schedule: 10% at contract signing 40% upon completion of detailed plans and specifications of bid 40 % at final inspection 10 % upon acceptance by the City (b) Reimbursements. The City shall also pay all of Consultant's actual and pre-approved reimbursable costs directly attributable to the performance of the consulting services provided in this Agreement, including but not limited to: travel and all other expenses incurred on the City's behalf. The pre-approval must be in writing. Notwithstanding the foregoing, reimbursable expenses shall not exceed 2 500. (c) Additional Work. In the event that City requests Consultant to perform services not specifically included in the General Agreement, Consultant shall provide these services as an Additional Service billed at the following hourly rates: Principal Project Designer Project Manager Sr. Draftsman Jr. Draftsman Administration $200.00 per hour $125.00 per hour $100.00 per hour $ 80.00 per hour $ 70.00 per hour $ 55.00 per hour 4 ~ 9. ~ Client's Representative. It is understood that Consultant is acting as a Representative for City to provide professional opinions, advice and consultation on the ~ subject property. ~ 10. Termination. In the event of termination of this Agreement by the City for ~ any reason, Consultant shall be paid in full for all work completed at the time of i Termination. In the event of termination of this Agreement for any reason by ~ Consultant before the scope of work. is .fully completed, the City shall not pay any monies to Consultant. Either party has the right to terminate this General Agreement for any reason, upon seven (7) days notice in writing. 11. Relationship of the Parties. The parties intend that the Consultant, performing services specified in this Agreement,-shall act as an independent contractor. Consultant shall have sole control of the. work and the manner which it is performed. Notwithstanding the foregoing Consultant shall provide professional opinions, advice and consultation to the City and shall act in the City's best interests. 12. Compliance with Law. Consultant shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable. 13. Taxes. Consultant shall be responsible for all federal, state or local taxes of any kind which Consultant now or hereafter shall be liable for or required to pay either on its own behalf, on behalf of its employees and shall pay all penalties and interest thereon. 5 ~. 1 G G i 14. Assignment. An assignment of the duties to be provided under this Agreement shall require the prior written consent of the City. 15. Indemnification. Consultant shall indemnify, defend and save the City, its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of_ action arising out of the willful, intentional or negligent performance of the duties covered by this Agreement by Consultant or his officers, .agents or employees, and Consultant shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited. to, all costs, judgments and attorney's fees at the trial or appellate levels. 16. Notices. All notices shall be effective when mailed at the following addresses: Bridges, Marsh & Associates: 18 Via Mizner Palm Beach, FL 33480 City of Delray Beach: David T. Harden,. City Manager 100 N.W. 1St Avenue Delray Beach, FL 33444 17. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida 18. Non-Discrimination. Consultant shall not discriminate on the basis of age, religion, race, sex, marital status or handicap in the performance of this Agreement. 6 1 I 19. Non-Exclusive. The provision of the services provided for herein is non- exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 20. Entire.,Apreement: Modifications. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings between the partied. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and duly executed by the parties. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: City Attorney Print Name: ,~, Print Name: ~~~w1~S ~ ~P~ David T. Harden, City Manager BRIDGES. MARSH & ASSOCIATES, INC. By: Digby idg s, resident 7 1A/i+neceec 3 i~ 7 STATE OF FLORIDA COUNTY OF~A jwr (7~AC~ The foregoing instrume t was acknowledged before me this a ~. day of ~ ~ 200 by ~, r ~ ti (~j r. d c, ~ S (name of officer or agent, title of officer or agent) ofFSr~d~e , vr~~sr~ .~,gssa~- (name of corporation acknowledging), a ~,Fl nr•~~ ~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known _ to. me or has produced (type of identification) as identification: - ~`7' • otary ublic -State of Flor NOTARY PUBLIC . STATE OF FLORIAA .•'"~~~"'', Suzette A. Huggins i =Commission ~DD654119 '`••..,.,.••'` Expires: MAR. 22,1011 BONDED TNAl~M7.AN17C fONDWG CO., 2NC. MEMORANDUM TO: Mayor and City Commissioners FROM: Kerry B. Koen, ;F~,irenChief THROUGH: City Manager ~w I DATE: June 26, 2007 1 SUBJECT: Agenda Item # -Regular Meeting of July 10, 2007 Clinical Service Unit Contract Agreement Renewal ITEM BEFORE COMMISSION Agreement between the City and Dr. Randall L. Wolff regarding the extension and renewal of the Clinical Service Unit Contract. BACKGROUND Approval to renew Clinical Service Unit contract with the City of Delray Beach for three (3) years, with an option to extend an additional three (3) year period. The city-wide average annual cost of Dr. Wolffls contract for the past two fiscal years is approximately $230,000. The agreement covers pre-employment and annual physicals for firefighters and police officers, new hire physicals, and other services. The scope of services from the 2001 contract is attached for information purposes. The rates in the 2001 contract were increased by 15% in 2004. FUNDING SOURCE The funding source is various departmental budgets. RECOMMENDATION Approve Renewal and extension of Agreement. S~ [IT4 OF DELR114 BEiI[k FIRE-RESCUE DEPARTMENT DELRAY BEACH All-America City 'I R~CE6VED JUN 2 8 ?~01 SERVING DELRAY BEACH •~ ~,:~~._.li_F STR!~AN~ H~IGF~~I_AND BEACH 1993 MEMORANDUM zoos TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: June 26, 2007 SUBJECT: Clinical Service Unit Contract Agreement The Delray Beach Fire-Rescue Department is seeking approval to renew our Clinical Service Unit contract with Dr. Randall L. Wolff, M.D. for three years, with an option to extend the contract for an additional three year period. An Agenda Request and Amendment to the agreement between the City and Dr. Wolff regarding the Clinical Services Unit is attached for your consideration. ~~~ ~ Kerry B. Koen Fire Chief KBK/cls FIRE-RESCUE DEPARTMENT HEADQUARTERS • 501 WEST ATLANTIC AVENUE •DELRAY BEACH, FLORIDA 33444-2555 (561) 243-7400 • FAX (551 } 243-74F1 Printed on Necycled Piper CLIl~TICAL SERVICE UNIT RANDALL L. WOLFF, M.D. 501 W. Atlantic Avenue Delray Beach, Florida 33444 561-243-7499 /FAX 561-243-7475 Chief Kerry Koen Delray Beach Fire Rescue 501 W. Atlantic Avenue Delray Beach, Florida 33444 June 19, 2007 Re: Contract Renewal Dear Chief Koen: Pursuant to our conversation regarding the Clinical Service Unit `s contract with the City of Delray Beach, we are in agreement with renewing our contract for three (3) years with the option to extend an additional three (3) years. Thank you for the opportunity to work with The City of Delray Beach. Respectfully, ~~. ~~~~ Randall L. Wolff, M.D. Medical Director AMENDMENT N0.3 TO THE AGREEMENT BETWEEN THE CITY AND DR. WOLFF REGARDING CLINICAL SERVICES DATED MAY 2, 2001 THIS AMENDMENT N0.3 to the Agreement dated May 2, 2001 is made this day of , 2007, by and between the CITY OF DELRAY BEACH ("City") and DR. WOLFF. WITNESSETH: WHEREAS, the parties entered into an Agreement dated May 2, 2001, for the establishment of a Clinical Services Unit; and WHEREAS, the parties desire to amend the Agreement to allow the Agreement to continue for another 3 year term. NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. The Agreement dated May 2, 2001, is hereby amended to provide that the term of the Agreement shall be extended for another period of three (3) years, commencing on June 11, 2007. The parties shall have the option of renewing this Agreement for one three (3) year period, upon the consent of both parties. 3. This Amendment together with the original Agreement and any written amendments hereto, constitutes the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 4. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. 5. This Amendment No. 3 shall not be effective until signed by both parties. IN WITNESS WHEREOF, the parties have executed this Amendment No. 3 on the day and year first hereinabove written. ATTEST: By: CITY OF DELRAY BEACH, FLORIDA City Clerk By: Rita Ellis, Mayor Approved as to legal form: By: City Attorney WITNESSES: (Name printed or typed) (Name printed or typed) STATE OF COUNTY OF By: Randall L. Wolff, M.D. The foregoing instrument was acknowledged before me this day of 200_, by (name of person acknowledging). Signature of Notary Public -State of Florida Print, Type, or Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: .5/2/01 Contract _~ SECTION 1 SCOPE CAF SERVICES Delray Beach Fire Department Clinical Services Re-quest for Proposal The City of Delray Beach Fire Department is seeking proposals to administer ti-,e Clinical Services Unit (CSU) at Fire Headquarters - 501 West Atlantic Ave., Delray Beach, FI 33444. The Fire Department provides office space, exam rooms and basic exam equipment, excluding equipment for stress test and chest x-rays. The clinic will be open from 9:Ot~ a.m. to ' 5:00 p.m. three days a week. One of these days must be Monday or Tuesday for physical examinations. Fitness tasting will be done two days a week and one of these days must be Monday or Tuesday. This schedule can be ;hanged with proper notice and approval by the City. The CSU will be closed on City holidays. The CSU provides Fire and Police annual physicals and other services as well as services for general city employees as listed below. The CSU physicians must belong to the City of Delray Beach insurance providers group. In the event the City of Delray Beach changes its insurance providers group, the physician shall be required to change to the new insurance providers group. l"he change., if required, must be accomplished without a break in services to the City or ifs employees. The proposal shall include staffing for the CSU to meet the following criteria. A. General: 1. The CSU will conduct pre-employment and annual physicals for all firefighters and police officers. 2. The CSU will conduct new hire physicals for all general employees as requested by the City. This cost will be billed to the Human Resources Dept. for each exam. 3. The CSU shall administer optional flu shots to all City of Delray Beach Employees. The Fire Department and Police Department will pay for the cost of the serum (general employees will pay a nominal fee, as determined by the City, for the flu shots to the Fire Department). 4. The CSU shall provide walk-in clinic service during hours of operation on at least 3 days during the work week to all City employees. The CSU shall be responsible for collecting a co-payment for the visit. Monday and Tuesday must be included in the 3 days during a normal work week. The third day may be decided by the City and the CSU. They physician will bill the employees City insurance and the physician will receive this money: 5. The CSU physician shall coordinate any and all laboratory testing necessary in conjunction with any and all examinations and testing performed by the CSU to comply with the terms of this Agreement. A laboratory that is on the City insurance plan must be used for all walk-in patients. 6. The CSU physician andlor staff shalt assume all billing responsibilities under the terms of 3 this Agreement. This will include payment of all stress tests, chest x-rays, lab bills ircurred for the annual exams and negotiating price with the laboratories and all supplies including injectables. Syringes and gloves will be provided by the Fire Department. 7. The CSU physician shall provide any and all necessary consultatie~? .;d casE~ review of examination results for the ernployeelpatient. The CSU physician shau"~fiaward a written review of the examination results to the employee/patient. 8. The CSU physician shall maintain any and all medical records created under this Agreement in accordance with the Public Records Laws as set forth ire Chapter 119, f-'lorida Statutes, as amended from time to tirne. 9. The CS'J physician as well as any ether employees of the CSU shall have the appropriate licenses or registrations as required by any local, state or federal law, rule or regulation. 10. All Fire and Police annual and pre-employment physicals including all lab fees shall be billed a flat monthly fee by the CSU. All other services will be billed per exam as specified in the contract to the appropriate department. B. Fire Department and Police Department Annual Physicals: 1. Annual Physical Evaluations for firefighters shall meet or exceed requirements established in NFPA 1582, Medical Requirements for Fire Fighters, as amended. {The 1997 edition is attached .hereto as Exhibit "1"). A physician, nurse practitioner, physician's assistant or equivalent shat) conduct physicals. The physician shall inform the fire department only as to whether or not the candidate or curreizt firefighter is medically certified to perform as a firefighter. (Sample form attached hereto as Exhibit ..2.. 2. The CSU physician shall be responsible fer guiding, directing and advising firefighters avith regard to their health, fitness and suitability for various duties-and comply with standards established in NFPA 1500, Fire Department Occupational Safety and Health Program, Chapter 8, Section 8-6 "Fire Department Physician", as amended. (Attached hereto as Exhibit "3"). 3. Annual Physical Evaluations for firefighters shall comply with requirements and guidelines established in the I.A.F. F. Collective Bargaining Agreement, Article 39, as amended. (Attached hereto as Exhibit "4"). This shall include fitness assessment test conducted by a certified fitness coordinator or exercise physiologist utilizing firefighter fitness parameters as established by ARA/ Human Factors. 4. The CSU physician shall provide firefighter immunization(s) in compliance with Section 4, Annual Physicals Article, as amended, of the Collective Bargaining Agreement. 5. The CSU physician shall comply with guidelines established in Delray Beach Fire Department Standard Operating Procedures, Volume II,Article 4, Section 1, Appendix 3 Hazardous Materials Response Team, Medical Surveillance Program for all Delray - -- " -~ -- -- - ~" - ~ °~ --Beach Fire ~ Department -Hazardd~l~~Materiats -Technicians; as ' amended."(AttacFt~d " - "` " ''' 4 hereto as Exhibit "5"). The medics! surveillance program shall comply with guidelines established in OSHA 29 CFR 120 and 40 CFR-311 and NFPA Standards Number 471 and 472, as amended. (Attached hereto as Exhibit "6"). 6. The CSU physician shall perform ~ r.~~•ic'w cf d11 office notes for walk-ins, review all EKG's and review all cases achieving .aui~orma( results, deviations from baseline results as determined by comparison with previous examinations, and positive contagious disease profiles. 7. The CSU shall perform follow up monitoring and testing for exposure of a firefighter to air or blood borne pathogens, the initial testing must be performed at the hospital specified by the City of Delray Beach Risk Management Worker's Compensation Policy. This will be billed as worker's compensation. 8. The CSU physician shall report patterns of deviation and or abnormal res~~lts identified ~ ~. by review of Delray Beach firefighter physicals to the Fire Chief in an effort to coordinate preventative measures to avoid or reduce further deviation. 9. If any requirement should change as a result of changes in collective bargaining agreements, the City shall assume the responsibility to notify the CSU physician of said change. This Agreement may be amended upon written approval of bath pasties.. 10. The CSU shall perform all Police Department annual physicals by utilizing the f:?rms entitled "Palm Beach Community College Criminal Justice Institute Medical History Questionnaire" as well as the "Criminal Justice Institute Medical Information Form" and the "Physician's Clearance to Test Form". (Attached 'Hereto as Exhibit "7"). The physicals shall be performed in accordance with Article 26 of the contract between the City and the PBA, as it may be amended. (Attached hereto as Exhibit "8"). C. Firefighter and Police Officer Annual Exam Components: Firefighter exams reference NFPA 1582, Chapter 2-4, Periodic Medical Evaluation. 1. Physical examination, vital signs, Height/VVeight measurement, Pulmonary Function Test, Saturated Oxygen Rate, 12 (twelve) lead Electrocardiogram, Audiometric Testing, Visual Acuity and Peripheral Vision Testing. 2. Tetanus and Diphtheria Booster as needed. 3. Hepatitis B Booster (series as needed) plus titers (quantitative) 4. Tuberculosis Test/ Tine, PPD as needed, chest X-ray as necessary. 5. Stress Test (Treadmill) (After age 40 every five years thereafter or as otherwise indicated by Exhibit "1 "). 6. Laboratory Work-Up: ' a. CMP, LP, 6AC, CBC, RPR, UA, Hep= A,B,C and B quantitative, HIV. (confirmation on positive results) b. PSA (males over 40 required) c. Drug Screen (10-Panel. Levels established in Chapter 59 A-24, Florida Administrative Code). (Physical) -_ d. Blood Alcohol (Levels established in Chapter 59 A-24, Florida Administrative ~-- Code). 5 I 7. Fitness Assessment. {ARA/Human Factors parameters). Mandatory for all Firefighters - Optional for Police Officers. Assessment score of < 60 by firefighters hired after October 1, 1998 require report to Fire Chief . 0. Firefighte--and Police Officer New Hire Examination Components: 1. Physical Examination, Vital Signs., leightMJeight measurement, Pulmonary Function 7-est, Saturated oxygen rate, 12 (twelve) lead Electrocardiogram, Audiometric Testing, Vis+aal Acuity and Peripheral Vis'son Testing. 2. Tetanus and Diphtheria Booster as needed. 3. Hepatitis B Booster (series as needed after hire) plus titers (quantitative) 4. Tuberculosis Test/ Tir,~, PPD as needed, chest X-ray as necessary. 5. Stress Test (Treadmill) 6. Laboratory Work-Up: a. CMP, LP, 6AC, CBC, RPR, UA, Hep= ~',,B, C and B quantitative, HIV. (confirmation on positive results.} b. Blood Work 557 (Firefighters only -ABO Group Rh Typ'sng). c. PSA (Male over 4U required). d. Drug Screen (10-Panel} (f're-Employn-+ent) e. Blood P.Icohol. 7. Fitness Assessment (ARAI Human Factors parameters) E. Dru /,~ohol testing for ali employees: 1. The CSU shall be available/on cal! for 2~ hours day 7 da,/s a week for performing drug testing of all City employees. Two pagers shall be supplied by City and the CSU shall respond within one hour of the City notifying the CSU of the need of the test whether it be l/erbal or page communication. The City shall oay for lab costs, however, cosh sha{I be billed through the physician. 2 The CSU shall perform the following types of testing: a. Reasonable Suspicion/ Cause. b. Post Accident Testing. c. Return to Duty Testing. d. Follow-Up Testing. 3. All employees shall be tested in accordance with any applicable union agreements. The applicable sections of the union agreements between the City and the IAFF, PBA and NCF&O are attached hereto as Exhibit "9". The testing must also be performed by using the forms and directions attached hereto as Exhibit "10". 4. The City may use other sources for drug/alcohol testing. } F. Firefighter and Police Testing for Infectious Disease: 1. Confirmation andlor Repeat Testing for HIV, Hepatitis A, B and C and RPR. 6 G. Hazardous Materials Technician Medical Surveillance: Comply with Delray Beach Fire Department Standard Operating Procedures, Volume II, Article 4~, Section 1, Appendix 3 Hazardous P1laterials Response'(~eam, ;!fedical Surveillance Program, as amended. (See Exhibit "5"). Testing of hazardous materials t~c:hnicians to be in addition to and conducted at firefighter annual physical examination. Records shall be maintained and managed by the CSU physician. The Delray Beach Fire. Department shall receive a written report (sample attached hereto as Exhibit "11") relating only the u:.~rlity of a frefigl~iter to perform or continue to perform Technician duties with the Ha%ardous fvlaterials Response Team. Currently 40 team members. 1. Heavy Metal Screening. {Mercury, lead, arsenic, serum cholinisterase) 2. Stress Test (Treadmill) Bi-annual evaluation. 3. Hazardous Materials Technician Res;~onse Team Entry Physical Exarination. (Baseline). ~. 4. Hazardous Materials Technician Response Team Exit Physical Examination. (Termination Medical Examination). 5. Acute Exposure Follow-Up Testing. 6. Delayed Exposure and Fo11ow-Up Testing~. (Billed as worker's comf:ensation) COST BREAFCDOWN FOR FIREFIGHTERIPOLICF ITEMS A-G Please fill in the-blanks for the unit price below. In areas where ~.,r~ estir,iated amount is given please multiply the unit price be the estimated .amount and fill in the total amount blank. WHERE AN ESTIMATED AMOUNT iS L:ISTE11, THE CITY' DOES NOT MAKE ANY GUARANTEE THAT THIS IS WHAT THE ACT_ UAL. NUMBER 'WILL F3E, IT IS ONLY AN ESTIMATE, THE ACTUAL AMOUNT MAY BE MORE OR LESS THAN THE ESTIMATED AMOUNT. FIREFIGHTERS Description unit price estimated total amount amount Annual physical $11~ • 00 x 155 = 1 SOCK : "'• Annual physical (Lab tests -standard and infectious disease) .~ x 155 = ~T~ Drug testing $ 10~•6C~ x 155 = t5}~. Lab tests for personnel over 40 $ 5~•~YJ x 45 = 2~?~b• Stress tests $ j~pd . 6o x 20 = ~ • " Chest x-rays $ 1 Z~b• ~ x 15 = 1 ~~ • - Immunizations - as needed bill to Dept.~e~tyr~~4~(~ 5b•bb x K = _~. X Hazmat technician (5yr.) bloodwork $ 15b~ x 10 = !.~~ -' Recruitment physicals $, 1€A . bU x 8 = ~,. -' Hazmat technician program Cardiac stress tests ~ ~ $ t30~ •~ x 35 5 O© ~D ~ • 00 0 Blood work -heavy meta ~~raening _ - $_~Ob x 35 0 - . _.t __ . Blood work -serum cholinesterase level for pesticide $ ~~•EO x 35 ~ _ _ ; OD 7 POLICE OFFICERS Annual physical $j~r^,.oO x 195 = (~~.OO Annual physical (Lab tests - standara and infectious disease) $~~_~~ x 195 = 7)T.~J O Drug testing $t~fl.~ x 195 =~~~.~U Lab tests for personnel o~•Er 40 $~.tD x 60 = ~~.~i~ Stress tests $~U•E~b x 60 = i ~~.c~~ Chest x-rays ~ $1~-~ x 15 = ~' ~'-~y~-b C~ Immunizations - as neede:i bill to Dept. H. General Employees/ New Hire Physical Components: 1. Physical Examination, Visual Acuity and Peripheral Vision Testing. 2. Tetanus and Diphtheria Booster as needed. 3. Tuberculosis Test! Tine, PPD as needed, chest X-ray as necessary. 4. Drug Screen (10-Panel) (Pre-Empioymer~t). $ 1(o~J . OE cost per exarn ~1r!G,ItS~~-~~ ~~'--~>~1 ~.~ ~~ , I. General Employees! Summer Time Emplo~ent Physir..al: 1. Physical Examination, Visual Acuity and Peripheral Vision Testing. 2. Tetanus and Diphtheria Booster as needed. 3. Tuberculosis Test/ Tine, PPD as needed, chest X-ray as necessary 4. Drug Screen {10-Panel). $ . EO cost per exam N~CG ~...UC4. ~ ~~Q ~^.~~ ` ~"~"~~ J. General Employees-Immunization:- Environmental Services: 1. Hepatitis BBooster/ series as needed. 2. Blood Titers as necessary. ~ Se.t yes $~ • ~ cost per immunization ~(~ ~pr K. General employee-Airor Bloodborne Pathogen Exposure: 1. .Follow-up testing for exposure to TB, HIV, Hepatitis Band/or C. This shall be billed to worker's compensation. 8 L. Ocean Rescue Life ward Annual Physical Components: 1. Physical Examination, Vital Signs, Height/llVeight measurement, Pulmonary FUnCt:Jn . T;at, Saturated Oxygen Rate, 12 (ty~elve) lead Electrocardiogram, Audiometric Testing, 'Jisual Acuity and Peripheral Vision Testing. 2. Tetanus and Diphtheria Booster as needed. 3. Tuberculosis Test/ -Tine, PPD as needed, chest X-ray as nece sary. 4. .Laboratory Work-Up: ' a. CMP, LP, GAC, CE3C, RPR, 1_lA, ;Hep-A,B, C and i3 guantitative, t-;.V. b. Age appropriate testing as determined by Ct;nica; Servi~::es Physician or staff. 5. Hep B boosteriseries/titer as needed. $ ~~ ~ ~ cost per physical -- Titer as needed $15.00 Chest Xray billed as above, as needed PSA billed separately .as needed, Hep B Series billed as needed (See Above) _~ 9 MEMORANDUM TO: I~AY~AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: JUNE 21, 2007 SUBJECT: AGENDA ITEM # ~. 1"t -REGULAR MEETIP INTERLOCAL AGREEMENT FOR DISASTER DEBRIS MANAGEMENT BETWEEN THE SOLID WASTE AUTHORITY AND THE CITY ITEM BEFORE COMMISSION The attached Interlocal Agreement between the City and the SWA of Palm Beach County provides that the City may dispose of disaster debris at SWA debris management sites provided it complies with the requirements of the SWA. BACKGROUND The City is not required to dispose of its disaster debris at these sites, but by entering into this agreement, the City has the option to make use of the SWA sites. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. cc: Joe Safford, Finance Director INTERLOCAL AGREEMENT FOR DISASTER DEBRIS MANAGEMENT THIS INTERLOCAL AGREEMENT is made and entered into this day of 2007, between the Solid Waste Authority of Palm Beach County, a dependent special district created pursuant to Chapter 2001-331, Laws of Florida (hereinafter "Authority' and the City of Delray Beach, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida (hereinafter "City"), each one constituting a public agency as defined in Part 1 of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969", authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies shaze in common and which each might exercise separately; and WHEREAS, Palm Beach County has adopted a Debris Management Plan (hereinafter "Plan") and pursuant to the PIan, the Authority is responsible for coordinating the permanent removal, storage, burning and disposal of all debris deposited along or immediately adjacent to public rights-of--way in the unincorporated areas of the County; and 1 WHEREAS, the City is responsible for coordinating the permanent removal, storage, burning and disposal of all debris deposited along or immediately adjacent to public rights-of- way in the City; and WHEREAS, the City and the Authority have determined that it is in the best interest of the citizens of Palm Beach County to cooperate in the management of disaster debris and securing reimbursement for eligible debris management costs from the Federal Government, the State of Florida and any other agencies providing cost reimbursement. NOW THEREFORE, in consideration of the mutual representations, terms and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. The above recitals are true and correct. Section 2. Purpose The purpose of this Agreement is to provide for and establish the framework under which the City and the Authority shall coordinate the management of disaster debris as well as the payment and subsequent reimbursement of costs associated with debris management in Pahn Beach County. Section 3. Definitions "Act" means Part I of Chapter 163.01, Florida Statutes. "Agreement" means the Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "County" means Palm Beach County, a political subdivision of the State of Florida "Debris Management Plan" means the most can ent Palm Beach County Debris Management Plan. 2 "FEMA" means the Federal Emergency Management Agency, or any successor agency performing a like function. "FHWA" means the Federal Highway Administration, or any successor agency perfonming a like function. "Reimbursing Agencies" mean FEMA, FHWA, the State of Florida and any other agency or unit of government providing funds for the reimbursement of debris management expenses. "Storm Debris, Disaster Debris or Debris" means a variety of debris that includes but is not limited to such things as trees and other vegetative organic matter, building/construction material, appliances, personal property, mud, sand and sediment. "Eligible Storm Debris" means storm debris that qualifies for reimbursement by the Reimbursing Agencies. "Ineligible Storm Debris" means storm debris that does not qualify for reimbursement by the Reimbursing Agencies. Section 4. Effective Date The effective date of this Agreement is June 1, 2007 and shall continue until otherwise amended from time to time and or terminated by either party in accordance with Section 9. Section 5. City Resaonsibilities 5.01 Appointment of Operations and Finance Coordinators. The City shall annually designate coordinators to work closely with the Authority on the operational matters related to debris collection and processing, and the coordination and management of the submittal of costs and invoices to the Reimbursing Agencies for Storm Debris management costs. Such persons shall have, or shall have subordinates that have, the required knowledge of debris collection operations and Reimbursing Agencies requirements. The 3 coordinator(s) or his/her designee shall work with Authority staff and attend meetings with Reimbursing Agencies representatives and others regarding Storm Debris management. The City's coordinator shall attend all pre-season and pre-storm meetings conducted by the Authority during which all parties will have the opportunity to fully review the Plan including any changes that may have occurred with regard to eligibility and reimbursement rules and procedures. Attendance, while mandatory, may be accomplished by conference call, if necessary. 5.02 Collection of Debris. The City shall be responsible for the collection of Storm Debris within its jurisdiction and delivering that debris to Authority debris management sites. The City shall be responsible for monitoring collections and documenting collection activities of Storm Debris on a level sufficient to meet the requirements of the Reimbursing Agencies. This shall include having collection vehicles measured and documented by the SWA or its designee and properly completing load tickets provided by the Authority or approved by the Authority. If the City uses load tickets provided by the Authority, the City shall pay the cost of printing those load tickets. 5.03 Submittal of Collection Costs for Reimbursement. The City shall be responsible for preparing documentation regazding its costs incurred to pick-up and deliver Disaster Debris to debris management sites in the required form prescribed by the Reimbursing Agencies and submit those costs to FEMA and associated State agencies for reimbursement. 5.04 Payment of Un-reimbursed Disposal Costs. The City shall be responsible for any un-reimbursed costs associated with both Eligible and Ineligible Storm Debris collected by the City, delivered to the Authority and disposed of as 4 documented by the Authority. This responsibility shall include site monitoring, management and restoration costs, and costs associated with any borrowing required to fund debris management activities, on a pro-rata basis, based on the quantities of debris delivered. The City shall pay these amounts and remit them to the Authority within five (5) business days of receipt of invoice. 5.05 Reimbursement Monitoring and Tracking. The City shall assist and coordinate with the Authority the tracking and monitoring of all Storm Debris requests for reimbursement so that expedient payments can be made. Section b. Authority Resaonsibilities. 6.01 Appointment of Operations and Finance Coordinators. The Authority shall annually designate coordinators to work closely with the City on the operational matters related to debris collection and processing, and the coordination and management of the submittal of costs and invoices to the Reimbursing Agencies for Storm Debris management costs. Such persons shall have, or shall have subordinates that have, the required knowledge of debris collection operations and Reimbursing Agencies requirements. The coordinator(s) or his/her designee shall work with City staff and attend meetings with the Reimbursing Agencies representatives and others regarding Storm Debris management. The Authority's coordinator shall attend all pre-season and pre-storm meetings conducted by the Authority during which all parties will have the opportunity to fully review the Plan including any changes that may have occurred with regard to eligibility and reimbursement rules and procedures. 6.02 Operation of Debris Management Sites. The Authority shall be responsible for staffing, managing and operating debris management sites it establishes throughout the County for the purpose of storing, processing and 5 disposing of Disaster Debris. The Authority shall operate and monitor these debris management sites consistent with Reimbursing Agencies guidelines. The Authority shall provide facilities to measure and placard City collection vehicles. The Authority shall use its best efforts to open one or more debris sites within 72 hours after an "all clear" is issued for a hurricane or other disaster. 6.03 Submittal of Costs for Reimbursement. The Authority shall prepare and submit documentation regarding its costs incurred to pick-up, haul, manage, and dispose of storm debris in the required form prescribed by the Reimbursing Agencies and submit those costs to them for reimbursement. Such costs may include the cost of processing and disposal of Storm Debris delivered to the Authority's Storm Debris sites by the City. The timeframe for submittal of cost documentation from the Authority to the County and subsequent submittal to the Reimbursing Agencies shall be as mutually agreed by the County, the Authority and the Reimbursing Agencies, as appropriate. 6.04 Un-reimbursed City Disposal Costs. If the Authority is advancing the payment of any costs incurred on behalf of the City the Authority may invoice the City for that portion of the costs it reasonably believes will not be reimbursed by the Reimbursing Agencies. Any such invoice will be due and payable within 60 days of receipt by the City. Upon receipt of all reimbursements the Authority will either remit payment to or invoice the City for the difference. Section 7. Access and Audits The Authority and the City shall create adequate records to justify all charges, expenses, and costs for Storm Debris management and to maintain those records after completion of the audits by the Reimbursing Agencies for the time period as may be specified by law or regulation. 6 The City and the Authority shall have access to all books, records and documents as required in this section for the purpose of inspection or audit during normal business hours. Section 8. Breach/Onnortunity to Cure The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty {30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. Section 9. Termination This Agreement may be terminated by either party to this Agreement upon thirty (30) days written notice to the other party. Section 10. Enforcement Costs Any costs or expenses associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, provided, however, that this clause pertains only to the parties to this Agreement. Section 11. Notice All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: City: City Manager of Delray Beach 100 N.W. ls` Avenue Delray Beach, FL 33444 Authority: Mark Hammond, Executive Director Solid Waste Authority of Palm Beach County 7501 N. Jog Road West Palm Beach, FL 33412 7 Section 12. Deleeation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or City officers. Section 13. Filing A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 14. Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. Section 15. Indemnification Each party shall be liable for its own actions and negligence and, to the extent permitted under Florida law, the City shall indemnify, defend and hold harmless the Authority against any actions, claims or damages arising out of the City's negligence in connection with this Agreement, and the Authority shall indemnify, defend and hold harmless the City against any actions, claims or damages arising out of the Authority's negligence in connection with this Agreement. However, nothing in this paragraph shall be interpreted as a waiver of the Authority's or the City's sovereign immunity. Both parties shall be responsible to hold harmless or indemnify the other party only within and up to the statutory limits set forth in Florida Statutes 768.28, notwithstanding any case Iaw to the contrary. 8 Section 16. Amendments This Agreement may not be amended except by written instrument signed by both parties hereto. Section 17. Remedies This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 18. Time of the Essence The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. Section 19. Eaual Opportunity Provision The City and the Authority agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. s Section 20. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 21. Severability In the event that any section, pazagraph, sentence, clause or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. (REMAINDER OF PAGE INTENTIONALLY LEFT BLAND 10 Section 22. Entirety of Agreement This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written: WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Maureen Cullen, Esq. Solid Waste Authority WITNESSES: Mazk Hammond Executive Director CITY OF DELRAY BEACH ay: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: F:~COMMOMATTYIWPDATAIENGURAPPINAISWA~SWA-DebrisIl.A CITYof DelrayBeach.doc 11 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: JUNE 21, 2007 SUBJECT: AGENDA ITEM # (r'). ~ -REGULAR MEETING OF JULY 10, 2007 RESOLUTION 38-07 -SETTING PUBLIC HEARING FOR CONSIDERATION OF THE SW 8 AVENUE SPECIAL ASSESSMENT DISTRICT ITEM BEFORE COMMISSION The attached resolution, if approved, will set the date for the public hearing, August 21, 2007, regarding the establishment of the SW 8th Avenue Special Assessment District. BACKGROUND Once approved the City Clerk will mail out notices to the individual property owners notifying them of the date of the public hearing and the assessment amount. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. cc: Randal Krejcarek, City Engineer RESOLUTION NO.38-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING REGARDING THE CONSIDERATION OF THE SW 8TH AVENUE SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the June 4, 2007 meeting, the City Commission declared a necessity for the paving of the SW 8th Avenue right-of--way between SW 10th Street and SW 11th Street through the adoption of Resolution 35-07; and WHEREAS, pursuant to the requirements of state law and the City's Land Development Regulations, a preliminary assessment roll was prepared showing the lots to be assessed and the amount of the assessments; and WHEREAS, the City Commission must provide notice of the assessments and hold a public hearing prior to the adoption of the preliminary assessment roll. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a public hearing shall be held on August 21, 2007 at 7:00 p.m. at the Delray Beach City Hall City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. At the public hearing, owners of the property to be assessed or any other persons interested therein may appear before said governing authority and be heard as to the propriety and advisability of making such improvements. Section 2. That the City Clerk shall mail notice of the public hearing to each property owner listed in the preliminary assessment roll. Section 3. That the City Clerk shall publish notice of the public hearing in a newspaper of general circulation within the county. Section 4. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on the day of July 10, 2007. ATTEST: MAYOR City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: CITY MANAGER DATE: JULY 1, 2007 SUBJECT: AGENDA ITEM # ('J. V -REGULAR MEETING OF JULY 10, 2007 APPROVE RECREATION ASSISTANCE GRANT AND PAYMENT TO OLD SCHOOL SOUARE ITEM BEFORE COMMISSION Commission is requested to authorize acceptance of a Recreation Assistance Program Grant in the amount of $6,000 and payment to Old School Square for the rental costs for the Delray Beach Film Festiva12007. BACKGROUND County Commissioner Mary McCarty had agreed to provide a Recreation Assistance Program Grant in the amount of $6,000 to help offset rental costs at Old School Square for the Delray Film Festiva12007. This is a reimbursement grant program requiring the payment of the bill before payment of the grant can be made. The City is being requested to approve the grant as the grantee and make payment to Old School Square in an amount not exceed $6,000. Attached is a copy of the grant approval letter dated March 6, 2007, the rental invoice and the grant agreement. RECOMMENDATION Staff recommends approval of the grant agreement with Palm Beach County in the amount of $6,000 and payment of the Old School Square rental invoice for the Delray Beach Film Festival not to exceed $6,000. RAB/db Attachment cc: Joe Gillie U:\wwdata\Agenda\Agenda Item Approve Recreation Assistance Grant & Payment to OSS.doc ~'~~ACX c~G y ~ a ~ • .~ \LOR19~ P.O. Box 1989 West Palm Beach, PL. 33402-1989 (561) 355-2001 FAX: (561) 355-3990 www.pbcgov.com ^ Palm Beach County Board of County Commissioners Addie L. Greene, Chairperson Jeff Koons, Vice Chair Karen T. Mazcus Warren H. Newell Mary McCarty Bur[ Aaronson Jess R. Santamaria County Administrator Robert Weisman :9n EyrtalOppar[uniry .4,tfirmarlve Ac[ron Employer" March 6, 2007 Mr. Joe Gillie Fxe~tifive Director. Old School Square, Inc. 51 _No Swinton Avenue De av each. FLE 33444 This i~ formal notification that I am awarding $6,000 from the FY 2006- 007, District IV Recreation Assistance Program to assist with funds for the rental of the Crest Theatre and the Entertainment Pavilion to provide film screening documentaries during the Delray Beach Film Festival. Your request and a copy of this letter are being forwarded for handling to the Program Administrator, Susan Yinger. As you know, this program is processed on a reimbursement basis. I am pleased to have this opportunity to participate in the efforts of festival for the benefit of the entire Delray community and the entire Palm Beach County. Sincerely, ~ ~ ~o ~ ~~ `_ x ~ Commisslo strict IV Palm Be Coun Commission MM: prlrtted on recycled paper i. Department of Parks and Recreation 2700 6th Avenue South Lake Worth, FL 33461 (561) 966-6600 Fax: (561) 963-6734 www.pbcpazks.com n Palm Beach County Board of County Commissioners Addie L. Greene, Chairperson Jeff Koons, Vice Chair Karen T. Marcus Warren H. Newell Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman ;4n EqualOpportumty ,q-(flrmadve ifctlon 63nployer" Marchl3, 2007 Mr. Joe Gillie, Executive Director Old School Square, Inc. 51 North Swinton Avenue Delray Beach, FL 33444 RE: PALM BEACH .COUNTY FY 2006-2007 RECREATION ASSISTANCE IS'~CjCil~~-liii (RA~~ I~IJI~f31f~iG SCR ~~LRAI( BEACH FILM FESTIVAL SCREENINGS Dear Mr. Gillie: Commissioner Mary McCarty has requested that staff develop a project Agreement for an amount not-to-exceed $6,000 from the Recreation Assistance Program (RAP) -District 4 to assist in#ur~ziTr~gfior the rentatofthe-CrestTheatre and the Entertainment Pavilion to provide film screening documentaries during the Delray Beach Film Festival. In order that we may prepare the, Agreement, please complete and return the attached revised Exhibit "A" Form, which will become a part of the Agreement. We will then prepare the Agreement for signature on behalf of Old School Square, Inc. Funding will be provided on a reimbursement basis after the Agreement has been executed by both Old School Square, Inc. and Palm Beach County and upon completion of the screenings. Required Attachments to the Agreement include a certificate of liability insurance naming Palm Beach County Additional Insured and a certificate evidencing Workers Compensation insurance. If you are not required by the State of Florida to carry Worker's Compensation Insurance, you may submit a letter signed by the Agency's President or Attorney indicating same. Please contact Susan Yinger, Administrative Support Manager, at 966-6653 if you have any questions on these procedures. On behalf of Commissioner McCarty and the Board of County Commissioners, we look forward to assisting with expenses for the Delray Beach Film Festival. Sinc ly, Dennis L. Eshleman, Director Parks and Recreation Department DLE/SWY . Attachment: Exhibit A Form for Completion and Return Copy to: Commissioner Mary McCarty, District 4 pfinted on recycled paper Old School Square CULTURAL ARTS CE~NTERE NATIONAL HISTfJRe4Cay t3each Film Festival 9U19f Fox Pointe Circle Delray Beach, FL 33445 ***INVOICE *** Delray Beach Film Festival 2007 March 14 -March 18, 2007 Wednesday, 3/14/2007 - DBFF 9:OOa-11:OOp ', Venue/Resource Charge Price ' Discount Crest Theatre 1000.00 500.00 48 hrs Stage Technicians -Crest 20.00/hr 0.00 3 tech: 8:OOa-12:OOa = 16 hrs ea 11 Historic Preservation Fee 1.00/ea 0.00 Ocean Breeze 500.00 250.00 Entertainment Pavilion 2000.00 1250.00 20 hrs Stage Technicians -Pavilion 20.00/hr 0.00 4 tech: 6:OOp-11:OOp=S hrs ea Total: Thursday, 3/15/2007 -DBFF 9:OOa-11:OOp # Venue/ltesource Charge Price Discount Crest Theatre 1000.00 500.00 48 hrs Stage Technicians -Crest 20.00/hr 0,00 3 tech: S:OOa-12:OOa=16 hrs ea 63 Historic Preservation Fee 1.00/ea 0.00 Ocean Breeze 500.00 250.00 Entertainment Pavilion 2000.00 1250.00 28 hrs Stage Technicians -Pavilion 20.00/hr 0.00 4 tech: 4:OOp-11:OOp=7 hrs ea Total: Subtotal ,'Sales Tax Total' 500.00 0.00 500.00 960.00 0.00 960.00 11.00 250.00 750.00 400.00 2000.00 2871.00 0.00 11.00 0.00 250.00 0.00 750.00 0.00 400.00 0.00 2871.00 Sub Total Sales Tax Total' 500.00 0.00 500.00 960.00 0.00 960.00 63.00 0.00 .63.00 250.00 0.00 250.00 750.00 0.00 750.00 560.00 0.00 560.00 2000.00 3083.00 0.00. 3083.00 Friday, 3!16!2007 -DBFF 10:OOa-3:30p Venue/Resource Charges Price Discount Sub Total -Sales Tax Total Entertainment Pavilion 2000.00 1250.00 750.00 0.00 750.00 20 hrs Stage Technicians -Pavilion 20.00/hr 0.00 400.00 0.00 400.00 4 tech: 6:OOp-11:OOp=5 hrs ea Total: 1250.00 1150.00 0.00 1150.00 Old School Square, Inc. 51 North Swinton Avenue Delray Beach, Florida 33444 ~eFF.o3~ao~.t273 Phone (561) 243-7922 Fax (561) 243-7018 www.oldschool.org invoice - 4/01/07 -page 1 Delray Beach Fllm Festival March 1418, 2007 -Invoice Saturday, 3/17/2007 -DBFF 9:OOa~:30p # VenuelR~~ource.Charge Price Dlscount Sub Total Saies Tax Total'. Ocean Breeze Room 500.00 250.00 250.00 0.00 250,00 Total: 250.00 250.00 0.00 250.00 Sunday, 3/18/2007 - DBFF 10:OOa-6:OOp Discount Sub Totai Saies Tax 250.00 250.00 0.00 1250.00 750.00 0.00 0.00 560.00 0.00 Total 250.00 750.00 560.00 'x# Venue/Ftesource Charge Price Ocean Breeze Room 500.00 Entertainment Pavilion 2000.00 28 hrs Stage Technicians -Pavilion 20.00/hr 4 tech: 4:OOp-11:OOp=7 hrs ea Total: Total Rental Charges: Total Resource Charges: Sales Tax (exempt): Total Charges Due: 0.00 1560.00 1500.00 1560.00 $ 5,000.00 3,914.00 o.oo $ 8,914.00 CERTIFIED ORIGINAL Balance due upon receipt. Thank you. DBFF.03140T.1273 invoice - 4101/07 -page 2 ~~ ~~~~~ JUN 2 9 2001 ADMINISTRATIVE SERVICES Department of June 21, 2007 Parks and Recreation 2700 6th Avenue South Mr. Robert Barcinski Lake Worth, FL 33461 Clty Of Delray Beach (561) 966-6600 1 OO N.W. 1St Avenue Fax: (561) 642-2640 Delray Beach, FL 33444 wwwpbcparks.com RE: PALM BEACH COUNTY DISTRICT 4 RECREATION ASSISTANCE PROGRAM FUNDING AGREEMENT FOR THE 2007 DELRAY BEACH FILM FESTIVAL CREST THEATRE AND ENTERTAINMENT ~ PAVILION RENTAL Paim ~~ county Dear Mr. Barcinski: Board of County Commissioners Attached for execution on behalf of the City of Delray Beach is an Agreement Addie L. Greene, Chairperson In an amount not-to-exceed $6,000 to offset facility rental costs and operational expenses for public screenings for the 2007 Delray Beach Film Jeff Koons, Vice Chair Festival held March 13 through March 18, 2007. This funding is from the Karen T. Mazcus Recreation Assistance Program (RAP) District 4.-The Agreement allows for the reimbursement of eligible expenses incurred within the time frame of Warren H. Newell March 14, 2007, through September 30, 2007. Mary McCarty Burt Aaronson Please obtain signature of this Agreement on behalf of the City of Delray Beach and return both originals to me, along with an insurance certificate, for Jess R. Santamaria placement on the agenda for approval by the Board of County Commissioners. The financial forms (Exhibit B) should not be completed or submitted until after the fully executed Agreement has been approved by Palm Beach County. County Administrator Robert Weisman If you have any questions on the Agreement, please call Susan Yinger, Administrative Support Manager, at 966-6653. On behalf of Commissioner Mary McCarty and the Board of County Commissioners, we are pleased to assist Delray Beach with costs for its support of the Delray Beach Film Festival Sincerely, ~,~~~~ :4n EqualOpporturti(y A,~'~marrveActionEmplnyer- Dennis L. Eshleman, Director Parks and Recreation Department DLE:SWY cnnr~o~ ~rd~a~r Attachments -Two RAP Agreements for Execution Copy to: Commissioner Mary McCarty, District 4 AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR FUNDING OF CREST THEATRE AND ENTERTAINMENT PAVILION RENTAL FOR THE 2007 DELRAY BEACH FILM FESTIVAL THIS AGREEMENT is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Delray Beach, a Florida Municipal Corporation, hereinafter referred to as "Delray Beach". WITNfSSETH: WHEREAS, Delray Beach assisted with costs for public screening of films shown at the 2007 Delray Beach Film Festival event held from March 13 through March 18, 2007; and WHEREAS, the Film Festival screenings were held at the Crest Theater and the Outdoor Entertainment Pavilion at Old School Square; and WHEREAS, the screening event provided information, education, and entertainmentfor approximately 2,000 people; and WHEREAS, cost of the operational expenses and facility rental costs for the film screenings was approximately $6,000; and WHEREAS, Delray Beach has requested from County an amount not to exceed $6,000 to offset costs for the film screening event; and WHEREAS, County desires to provide funding to help offset costs for the film screening event; and WHEREAS, funding for the film screening event in an amount not to exceed $6,000 is available from the Recreation Assistance Program (RAP) -District 4; and WHEREAS, Delray Beach's support of cultural arts, recreational, and community events are deemed to serve a public purpose; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and coriditions: 1. County agrees to fund an amount not to exceed $6,000 to Delray Beach for the 2007 Delray Beach Film Festival screenings to include Crest Theatre and Old School Square Entertainment Pavilion rental costs and operational expenses, as specificallysetforth in Exhibit °A", attached hereto and incorporated herein, hereinafter referred to as the "Project". 2.County will use its best efforts to provide said funds to Delray Beach on a 1 reimbursement basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project, as specified herein, was .carried out in accordance with this Agreement; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as Exhibit "B", which are required for each and every reimbursement requested by Delray Beach. Said information shall list each invoice paid by Delray Beach and shall include the vendor invoice number; invoice date; and the amount paid by Delray Beach along with the number and date of the respective check or proof of payment for said payment. Delray Beach shall attach a copy of each vendor invoice paid by Delray Beach along with a copy of the respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, Delray Beach's Program Administrator and Project Financial Officer shall certify the total funds spent by Delray Beach on the Project and shall also certify that each vendor invoice, as listed on the Contractual Services Purchases Schedule was paid by Delray Beach and approved by Delray Beach as indicated. 3. Delray Beach incurred expenses for the Project beginning on March 14, 2007. Those costs incurred by Delray Beach for the Project, approved and submitted accordingly by Delray Beach subsequent to March 14, 2007, are eligible for reimbursement by County pursuant to the terms and conditions hereof. 4. RAP funds maybe used as a match for other local, state, or federal grant programs, but Delray Beach may not submit reimbursement requests for the same expenses to the County as other fund sources to receive duplicate reimbursement for the same expenses. 5. Delray Beach agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and for the provision of services without regard to residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 6. Delray Beach shall be responsible for the operation and maintenance of the Project, including all associated Project costs; and 7. The term of this Agreement shall be until December 30, 2007, commencing upon the date of execution by the parties hereto. 8. The parties agree that, in the event Delray Beach is in default of its obligations under this Agreement, the County shall provide Delray Beach thirty (30) days written notice to cure the a default. In the event Delray Beach fails to cure the default within the thirty (30) day cure period, the County shall have no further obligation to honor reimbursement requests submitted by Delray Beach for the Project deemed to be in default and Delray Beach shall return any County RAP funds already collected by Delray Beach for the Project. 9. Notwithstanding any provision of.this Agreement to the contrary,. this Agreement may be terminated by the County, without cause, upon thirty (30) days prior written notice to the other party. This Agreement may be terminated by the County with cause, upon. expiration of the thirty (30) day cure period provided for in Section 8 above. 10. Delray Beach shall complete the Project by September 30, 2007, and invoices and checks submitted for reimbursement must be dated within the project time frame of March 14, 2007, through September 30, 2007. Delray Beach shall provide its final reimbursement request(s), including a project completion statement and reimbursement documentation as indicated in Section 2 above on or before December 30, 2007. Upon written notification to County at least ninety (90) days prior to that date Delray Beach may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Delray Beach's request for said extension. 11. In the event Delray Beach ceases to exist, or ceases or suspends the Project for any reason, any remaining unpaid portion of the Agreement shall be retained by County, and County shall have no further obligation to honor reimbursement requests submitted by Delray Beach. The determination that Delray Beach has ceased or suspended the Project sha-I be made by County and Delray Beach agrees to be bound by County's determination. 12. Delray Beach agrees to abide by, and be governed by, all applicable~federal, state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Delray Beach. Failure to comply may result in County's refusal to honor reimbursement requests for the Project. 13. County reserves the right to withhold reimbursement if the Project is not completed as specified in Exhibit "A". 14. It is understood and. agreed that Delray Beach is merely a recipient of Countyfunding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. To the extent permitted by law and without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, in the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Delray Beach shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arising out of or relating to any act or omission of Delray Beach, its agents, servants and/or employees in the pertormance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. Inconsideration for reimbursement of costs incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement but also for the period prior to the Agreement for which Delray Beach is eligible to receive reimbursement from the County. 15. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, Delray Beach acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event Delray Beach maintains third-party commercial General Liability and Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28, Florida Statutes, Delray Beach shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. Delray Beach agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes 440. Prior to execution of this Agreement by the County, Delray Beach shall deliver to the County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. Certificate holder's address shall read Palm Beach County, c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. Compliance with the foregoing requirements shall not relieve Delray Beach of its liability and obligations under this Agreement. 4 16. Upon request by County, Delray Beach shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 17. Delray Beach shall maintain books, records, documents and other evidence that sufficiently and properly reflect all costs of any nature expended in the pertormance of this Agreement for a period of not less than five (5) years. Upon advance notice to Delray Beach, County shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 18. The County and Delray Beach may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 19. This Agreement shall be governed by the laws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 20. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement or pertorming any work in furtherance hereof, Delray Beach certifies that it, its affiliates, suppliers, subcontractors and consultants who will pertorm hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by Section 287.133 (3) (a), Florida Statutes. 21. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to Delray Beach: City Manager City of Delray Beach 100 N.W. Ist Avenue Delray Beach, FL 33444 23. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be 5 entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS SHARON R. BOCK, Clerk & BOARD OF COUNTY COMMi!SSIONERS Comptroller By: By Deputy Clerk Commissioner Addie L. Greene, Chairperson ATTEST: Bv: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney CITY OF DELRAY BEACH By: Mayor APPROVED AS TO TERMS AND CONDITIONS By: Dennis L. Eshleman, Director Parks and Recreation Department 6 Recreation Assistance Program (RAP) Exhibit "A" to Agreement Name of Municipality: City of Delray Beach Mailing Address: 100 N.W. First Avenue, Delray Beach, FI 33444 Name of Mayor: Rita Ellis -Name of City Manager: David Harden Project Liaison Information: Name:Bob Barcinski, Assistant City Manager Telephone #: 561-243-7000 Fax #: 243-8868 e-mail: PROJECT INFORMATION 1. Name of Project: Crest Theatre Rental and Entertainment Pavilion Rental Costs for Felm Screening for Delray Beach Film Festival 2. Project Description • General (Project Scope): Presentation of 250 films to public • Public Purpose: Education, information, and entertainment • Location: Crest Theatre and Outdoor Entertainment Pavilion at Old School Square • Anticipated Number of Participants/Users: 2,000 3. Project Elements: List anticipated broad categories of Expenditure Items such as capital outlay, contractual services, personnel costs, operational expenses, equipment, and "Other Miscellaneous Project expenses". Do not include expenditure line item budget/ amounts. Operational Expenses Facility Rental Costs 4. Estimated Lump Sum Total for Project: 6 000 5. Project Initiation date (date of first invoice for which reimbursement will be requested) and anticipated End date (date which project will be completed and all invoices paid): March 14. 2007 to September 30, 2007 Note: Invoices and copies of proof of payment documents will be required for Project/Program reimbursement after the RAP Agreement is approved by the Board of County Commissioners. Do not submit reimbursement documentation at this time. After the Agreement is approved, and the reimbursement request is submitted, all invoices and checks must be dated within the stated project time frame AND Categories for Project Elements must be listed in Section 3 above in order to be eligible for RAP reimbursement. 6. Required Attachments:- Certificate of Insurance Amount of Recreation Assistance Program Funding awarded $ 6.000 District 4 (filled in y ounty} Form available online by request. Contact Susan Yinger at svinaer@ obcaov.com EXHIBIT A Page 1 PALM BEACH COl1NTY PARKS AND RECREATION DEPARTMENT ,' CONTRACT PAYMENT REQUEST Date Grantee _ Submission #: Item Contractual Services Salary & Wages (% of salaries) Materials, Supplies, Direct Purchases Equipment Travel Indirect Costs _ Project Name: Reimbursement Period: Project Costs., Kew This Submission (~) (S) (M) (E) m (I) EXHIBIT B Cumulative Project Costs TOTAL PROJECT COSTS C =Contractual Services Kev Legend S =salary & Wages M = Metedals, Supplies,'Direct Purchases E =Equipment T =Travel I =Indirect Costs Certification: I hereby certify that the above Certification: I hereby certify that the documentation has expenses were incurred for the work identified as been maintained as required to support the project being accomplished in the attached progress expenses reported above and is available for audit upon reports, request. Administrator -Date Financial Officer Date PBC USE ONLY PBC Project Administrator Date Department Director Date County Funding Participation Total Project Costs To Date: County Obligation To Date County Retainage ( %) County Funds Previously Disbursed County Funds Due this Billing Reviewed and Approved By: G:\SYINGER\FORMSI3 Pg -Exhibit B.xls Page 1 of m m X W ~~ W ~ ~~ H pC u !~ ~ poi C U O U Q ~ t m W ~ ¢ t a ~ t azd.; ~~ 4 O . ~ a m E m a ci E 'm ~ Z _ U m ~ ~ C 7 O ..I a 0 C d .i-' 7 ~ l0 C ~ fN w- cC m U ~ 7 d lb @ ~ t. m O ~ N m o L U ~ ~ ~ _ m Q C m .y-~ ~ V r m C L O U C ~ d m 7 fA X ~ m N ` O a. id m ~ ~ v m a: m ~ ~ a ~' E ~ mm ~ U m a ro cc •0 C ~ m ~ ~ d. U c ~ r t I ..._.........»_._.__.__...._ a' • .~Q m G Y ~ m ~ N ~3 I ~' e° itl E 2~ 'm a m _~ ~ m v ~ c c~~i~wF-- n u ~~ n u ~~ c U N'~ W F- ~ ~8 ,~ , r E n 7 .a o z " E m C~ v W O w ~ Z Q C 7 m O ~ W O m m Y d ` a 3 > U ~ ~ m p Z I I I I I I I I I I I I I( I I °c ~ L n m w '~ O 7. m G c U m ~? L E O 'O - v~ c o ~ fl' U a c~ ~ 3kI ~I NI c7) VI CAI <OI nI ~I ~I GI ~I ~I ~I ~I TI tOI m ~^ m = c k ~ w ... W J W W = ~U H ~ W ~}~. ~ a j0U c~ipa v w w U m W ~ ~ ~ W N a a ~a a ac O a+ C O Y D c ~ 3 Z v ~ ;; ~ I I O d v E ..._........._.___...._.....____. Z '~' N Y m IYw~~ ~ y ~3 ~ eti ~ mF C w U N ~ W ~ c ypp ~ ~ 3 ~ ~' II II II II ~I II ~ ii UN~ W F-- I_. __.__....._...._._._....._..._...... ` ,.~ • F 'O d ~~ a ~I I I I I I I I I I I I I I m c L O RS 'D ~ C m (0 r O Y ~' U ~ N U N N N t U '"' U Q ~; d ~ N C ~ U 7 (~ m X ~ m Vl N c c O 'cy .ld C ~ ~c0 v m ~ m Y > c ~ n ~ `C L 7 c Q v ~ ~ Q a c ~ F. m ~ O ~ m - ~ m c v 'N o ~> '~ .y fV U ~ ~ i ~ U a ccu c I m 3 a a~i I m N U .m.. O ~_ c m 0 0 w m a Q m '_.. ~ R t0 ~, a r ~ U T ~ o W a m ~ ~ H t ~ E c ;_ C vn w U ~ ' ~ Z iE } ~ U U ro a Joseph L. Schroeder Chief of Police Delray ~ea~7.., DELRAYBEACH Police Department AllAll-Amiii~ii 300 West Atlantic Avenue Delray Beach. Florida 33444-3695 I ' (561 } 243-7888 Fax (561) 243-7816 2(1114 t')'1 i znt~i MEMORANDUM TO: MAYOR AND CITY COMMISSIONFR5 FROM: S}JARON L"HFRROCi. ADM(NISTRATIVk~. OFFICF_,R l ~~. ~~... THROUGIJ: CITY MANAGER DATE: July ~, 2007 SURJEC'"I-: JAG '07 GRANT ELIC:IBILITY' ITEM BEFORE COMMISSION The Delray Beach Policy Department has received notification of our eligibility for the Bureau of Justice Assistance iBJA} Justice Assistance Grant ("JAG) for federal fiscal year FY07 in the amount of $60,576.00. This is a renewal of a grant we have received for the Iasi several years, and there is no match requirement. "The funds are being requested to support the Holiday Robbery Task Force, as in prior years. BACKGROUND The task force has been operational from "Thanksgiving to the New Year, each year, For the past nine years. The task force saturates all shopping centers in the Delray Beach area with high visibility patrols providing high protile visibility of police officers during each holiday season. This past holiday season the Police Department dedicated one thousand two hundred eighteen and one- quarter (1 ? 18.25) hours to the program. As a result, there have been minimal incidents per year in strong arm robberies, thefts, or other serious crime incidents as compared to the surrounding cities. Without this program the Part One C'rimcs would increase during the holiday season. FUNDING SOt1RCE These grant funds are tieing ot~ered through the t~.5. Department of 3ustice, Otfice of Justice Programs' Bureau of Justice Assistance. Edward I3vrne Memorial .Justice Assistance Grant {JAG) Program. RECOMMENDATION The Police Department recommends approval. .Serving with P,R.I.I).E. I'r~)fc.~siortalisnt, Respect, Integrity, Uiversit-~ rind Excellence Date: 7'3~1~7 AGENDA ITEM NUMBER: ~- ` ~~ . AGENDA REQUEST Request to be placed on: X Consent Agenda ., Regular Agenda _ Workshop Agenda Special Agenda When: July 10, 2007 Description of agenda item (who, what, where, how much): The Delray Beach Police Department has received notification of our eligibility for the Bureau of Justice Assistance {BJA) Justice Assistance Grant (JAC'i) for federal tiscal year FY07 in the amount of $60,576.Ot). "phis is a renewal of a grant we have received for the last several years, and there is no match requirement. The funds have typically been utilized for thk Holiday Robbery "hack Force. We are required to provide notice ofthis opportunity to our local governing body as well as to provide public notice. Department Head ~ Signature: ~~ ~ ~" ~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on alt items involving expenditure of funds}: Funding Available: Yes / No Initials: Account Number(s): Description: Account Balance: Funding Alternatives: N/A (if applicable) City Manager Review: Approved for Agenda:/ Hold Until: Agenda Coordinator Review: No Initials: Received: Joseph L. Schroeder Chief of Police Delriay N-E'dCh f)flRAti~RFACH l~O~1CE' I_)E'h:drtlllE'Ilt All-Amerjy~ity 3tJ0 Wesi Atlantic Avencle Delray Beach. Florida 33444-3695 1561) 2d9-7888 Fax (561) ~a3-7816 ~~un MEMORANDUM TO: MAYOfZ AND CITY C'Oiv1M[SStONERS FROM: SlIARON L'h1fKROI;..'~[)MlN1STRATIVF OFFICER '~~ `~ THROI)GH: Cfl'~' MANAGER DATE: ,luly 10, ?(}07 Sl ~B.IE(~"L .IA(: '07 GRANT APPLICATION ITEM BEFORE COMMISSION ~fhc Delray Beach Police Department has received notification of our eligihility to apply for a Bureau of ,lustice Assistance (BJA), .lustice Assistance Cirant (.IAG) far federal fiscaE year FY07-08 in the amount of $60.57b.00. phis is a renewal of a Grant use have received for the last several years, and there is no match requirement. "fhe funds are being requested to sup}x)rt the 1-IoGday Rabben Task Force, as in prior years. Applications were due July ?rd, and the Departl7~cnt seeks retroactive approvaE of the attached application. BACKGROUND The task tierce has been operational from thanksgiving to the NeN Year, each year, for the past nine years. ~i~he task force sahlrates all shopping centers in the Delra~~ Beach area with high visibility patrols providing high profile visibility of police officers during each holiday season. "this past holiday season the Police Department dedicated one thousand tyro hundred eighteen ancf one-quarter (1,218?5) hours to the program. As a result. there have been minimal incident; per year in strong arm robberies. thefts. ar other serious crime incident: as compared to the surrounding cities. Without this program the Part One Crimes would increase during the holiday season. Puhlic '~oticc of this grant opportunih is required by the funding source. This notification is heing provided by slihnritting the application to City ('ammission for reyieyy and b~~ posting it on the City website. FUNDING SOLaRCE These grant tiuids are heing otlered through the l`.S. Department of .lustice, Office of 3ustice Programs Bureau of Justice Assistance. (=.dward Byrne Memorial Justice Assistance Grant (JAG) Program. RECOMMENDATION "The Police Department recommends approy<ll of the application for the Edward Byrne Memorial Justice Assistance C; rant in the amowit of $6C).~?6.OQ yyhich ~yill provide funding far the Holiday Robbery Task Force Overtime. I'ru/ecciunalry~nr, Kespect, Integrity, Diti~ersity and /;'xcellence Edward Byrne Memorial Justice Assistance Grant 2007 Delray Beach Police Department Program Narrative Program: HOLIDAY ROBBERY TASK FORCE The Delray Beach Police Department's Holiday Task Force has been operational from Thanksgiving to the New Year, each year for the past nine years. The Task force saturates all shopping centers in the City of Delray Beach with high visibility patrols providing a high profile visibility of 100 different officers throughout the course of the program. This past holiday season, the Police Department dedicated one thousand two hundred eighteen and one-quarter (1,218.25) hours to the program. As a result, there have been minimal incidents during the holiday season of thefts or other serious crime incidents in the targeted areas. Edward Byrne Memorial Justice Assistance Grant 2007 Delray Beach Police Department Budget Narrative Program: HOLIDAY ROBBERY TASK FORCE Costs for Overtime and FICA: $60,576 These funds will pay for officer overtime to reduce and deter robberies during the holiday season from November 25, 2007 through December 31, 2007. MEMORANDUM To: MAYOR AND QTY COMNIISSIONERS From: LULA BUTLER, COMMUNITY INIl'ROVEMENT DIRECTOR ELIZABETH ALPERT, CD ADMINISTRATO Through: QTY MANAGER ~~~ Subject: AGENDA ITEM # ~ -REGULAR MEETING OF TULY 10, 2007 AGREEMENT BETWEEN THE CITY AND AMERICAN LEGION HALL AND HAYWOOD CONSTRUCTION FOR REPLACEMENT OF ROOF AT 196 NW 8TH AVENUE (CARING KITCHENI ITEM BEFORE THE COMMISSION: To rescind original bid award in the amount of $16,900 from Cordoba Construction for the Caring Kitchen re-roof project (which was approved at the June 4, 2007) based on the fact that the contractor's insurance has lapsed and that he could not renew the policy. Item before the Commission is to award the bid to the next most responsive bidder, Haywood Construction in the amount of $18,250. BACKGROUND: At the May 15, 2007 meeting City Commission approved a request to amend the Cit~s 06-07 Annual Action Plan to provide $35,000 in CDBG funds for the rehabilitation of public facilities within the target area. This amendment was made in res~onse to a severe need which has been identified at the Caring Kitchen, located at 196 NW 8 Avenue. Subsequently, the City issued a request for Bids for re-roofing the structure which is owned by the American Legion Hall and leased by the Caring Kitchen. The project was originally awarded to Cordoba Construction at June 4, 2007 meeting, however; moving forward we found that the contractor's insurance had lapsed and that he could not renew the policy. For this reason the project shall now be awarded to the next most responsive bidder, Haywood Construction. This request is for approval of an agreement in the amount of $18,250 to award the project to the lowest responsive bidder, Haywood Construction. FUNDING SOURCE: Community Development Block Grant - 118.1963.554.4919 RECOMMENDATION: Staff recommends approval of the agreement so that the City may move forward the implementation of the re-roofing project located at 196 NW 8`~ Avenue. CITY OF DELRAY BEACH AMERICAN LEGION HALL/CARING KITCHEN CONTRACT THIS AGREEMENT made this day of 2007, by and between HAYWOOD CONSTRUCTION, hereinafter called the Contractor", the CITY OF DELRAY BEACH, FLORIDA (hereinafter called the "City"), and AMERICAN LEGION HALL (hereinafter referred to as the "Owner"), whose residence and project address is: 196 N.W. 8th Avenue, Delray Beach, FL 33444. WITNESSETH, that the Contractor and the Owner for the considerations stated herein mutually agree as follows: ARTICLE 1 -Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenances thereto and perform and complete all work in accordance with the contract documents as prepared by the City of Delray Beach. ARTICLE 2 -The Contract Price. The City shall pay the Contractor for the performance of the contract the sum of Eighteen Thousand Two Hundred and Fifty Dollars ($18,250.00). ARTICLE 3 -Method of Payment. Upon execution of this Agreement, the City will transfer Nine Thousand One Hundred and Twenty Five dollars ($9,125.00), which equals '/2 of the $18,250 total funding allocation to the Contractor, upon completion of the roof replacement work, a second and final payment in the amount of Nine Thousand One Hundred and Twenty Five dollars ($9,125.00) will be made so long as the following has been completed prior to final payment: 1. The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property Owner harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The Contractor and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission during performance under this Agreement. 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this contract and does not have any responsibilities under this contract either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the performance by the Contractor is 2 unsatisfactory or unacceptable for any reason, the Contractor agrees to correct any deficiencies at no additional cost to the City. ARTICLE 4 -The Contractor will guarantee work performed to be free from defects for a period of one (1) year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible within thirty (30) days notice of need for same. ARTICLE 5 -The Contract. The executed contract documents shall consist of the following: a. This Agreement, b. Instructions to Bidder, c. Signed Copy of Bid, d. General Conditions, e. Special Conditions, f. Technical Specifications, g. Work Write-up Drawings, h. Notice to Proceed, i. Payment Requests, j. Warranty Documents. ARTICLE 6 -Statement of Non-discrimination. The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. ARTICLE 7 -Dispute Resolution. All internal disputes between the Owner and Contractor arising out of or related to the work shall be decided by Program 3 Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this Article 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provisions in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in this Article 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three (3) original copies on the day ATTEST: ~~ year first above written. tho Haywooa construction Contractor Firm Name `~~~~~ Title AT T: ~i'` 9~..~ Owner Signatu e Lawrence Strainge Commander, Post 188 American Legion Hall Owner Title 4 ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor 5 CITY OF DELRAY BEACH AMERICAN LEGION HALL/CARING KITCHEN NOTICE TO PROCEED Application Number: Date: Subject: NOTICE TO PROCEED REHABILITATION AT 196 N.W. 8th Avenue Delray Beach, FL 33444 Pursuant to the local guidelines set by the Community Development Block Grant Program and approved by the City, you are hereby given Notice to Proceed with the work at the above referenced property within three (3) calendar days of ,establishes that the work be completed within forty-five (45) days of Please acknowledge receipt of this Notice to Proceed as provided below and return the original signed copy to the City of Delray Beach, Community Improvement, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. June 29. 2007 Date t ' O ner Signature Lawrence Strainge Commander, Post 188 American Legion Hall Owner Title This acknowledges the above notice was received, which establishes the completion date on: City of Delray Beach Community Development Program Administrator June 29. 2007 Date Haywood Construction Contractor Firm Name Au riz Signa e & Title 6 Agenda Item No.: ~~ AGENDA REQUEST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda _X Consent Agenda ORDINANCE/RESOLU'ITON REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Date: July 2, 2007 When: July 10, 2007 To rescind original bid award in the amount of $16,900 from Cordoba Construction for the Caring Kitchen re-roof project (which was approved at the June 4, 200 based on the fact that the contractor's insurance has lapsed and that he could not renew the policy. Item before the Commission is to award the bid to the next most responsive bidder, Haywood Construction in the amount of $18,250. RECOMMENDATION Staff recommends approval of the agreement so that the City may move forward the implementation of the re-roofing project loca ed at 196 NW 8`'' Avenue. i -~ - Department Head Signature: ~ ; " City Attorney Review/Reco data, n (if app cab e): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES O (~,~"" Funding Alternatives: _ (if app c ble) / Account No. & Description: _ f ~' ~y (~ 3 S ~`I ~ ~~~f ~~6~4 ~ bi ~/>~';~ OZ-__. Account Balance: ~' ~ ~ ~ la`7~' City Manager Review: Approved for Agenda: Hold Until: ~~F~~/NO Agenda Coordinator Review: Received: Placed on Agenda: POLICE LEGAL ADVISOR MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Police Legal AdvisorJAsst. City Attorney THROUGH: Ciiy Attorney DATE: July 5, 2007 SUBJECT: AGENDA ITEM # V• 1 V [- REGULAR MEETING OF JULY 10, 2007 AUTHORIZATION TO AMEND EXISTING CONTRACT FOR 800 MHz TRUNKED RADIO SYSTEM ----------------------------------------------------- ITEM BEFORE COMMISSION: Request for Authorization to Amend Existing Contract for 800 MHZ Trunked Radio System to extend the term of the contract to February 4, 2011. BACKGROUND: Our office is requesting authorization to Amend the existing contract between the Cities of Boca Raton, Delray Beach and Boynton Beach which has established via Interlocal Agreement, the South Palm Beach County Public Safety Communications Cooperative for the purpose of expanding the geographic use of available frequencies for mutual assistance and daily activities and for the establishment and operation of radio communications systems. Palm Beach County has purchased, designed, installed and committed to the operation of an 800 MHz Trunked Radio System to meet the needs of the Palm Beach County Sheriffs Office, Palm Beach County Fire Rescue, Palm Beach County Emergency Management Service and various Palm Beach County General Government Agencies. Palm Beach County and the Cities have determined that the ability to provide interoperable systems is critical to the effective and efficient provision of public safety services. It has been determined mutually beneficial to all Parties to execute this Agreement which sets forth the parameters under which the radio systems of the Cities and the County can be connected saving the taxpayers money of the County and the Cities as well as the opportunity to receive the public safety benefit of interoperability. FUNDING SOURCE: In accordance with the Contract, the City of Delray Beach will agree to continue to pay Palm Beach County the sum of $836.66 per month from Police Budget No. 001-2111- 521-46.20, which enables us to use the Smart Zone Controller. It should be noted that the other Cities will also continue to contribute their shares for the use of the Smart Zone Controller. RECOMMENDATION: The City Attorney's Office recommends renewing this Interlocal Agreement. Jath AMENDMENT TO INTERLOCAL AGREEMENT THIS AMENDMENT to Agreement R2003-0174, dated February 4, 2003, is made as of by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as the County, and the cites of Boca Raton, Delray Beach and Boynton Beach, each a separate municipal corporation existing under the laws of the State of Florida and hereinafter collectively referred to as the Cities. In consideration of the mutual promises contained herein, the County and the Cities agree as follows: The term of Agreement R2003-0174, set to expire on February 4, 2008, shall be extended to February 4, 2011. 2. All other terms of Agreement R2003-0174 remain unmodified and in full force and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Amendment on behalf of the County and the Cities have hereunto set their hands the day and year above written. SHARON R. BOCK, CLERK & COMPTROLLER By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Asst. County Attorney PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Addie L. Greene, Chairperson APPROVED AS TO TERMS AND CONDITIONS By: Director Facilities Dev & Operations Renewal Amendment to Hub Connect Page 1 of 4 04/ 11 /07 ATTEST: By: City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CITY OF BOCA RATON, FLORIDA, BY ITS CITY COMMISSIONERS By: Steven L. Abrams, Mayor Renewal Amendment to Hub Connect Page 2 of 4 04/11/07 ATTEST: By: City Clerk APPROVED O LEGAL SUFFICIENCY: Cit Attorney Renewal Amendment to Hub Connect 04/11/07 CITY OF DELRAY BEACH, FLORIDA, BY ITS CITY COMMISSIONERS By: Rita Ellis, Mayor Page 3 of 4 ATTEST: By: City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CITY OF BOYNTON BEACH, FLORIDA, BY ITS CITY COMMISSIONERS By: Jerry Taylor, Mayor Renewal Amendment to Hub Connect Page 4 of 4 04/11/07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD HOGGARD, AICP, PRINCIPAL PLANNER~~ ~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONI THROUGH: CITY MANAGER DATE: JULY 2, 2007 _ SUBJECT: AGENDA ITEM # *CONSENT AGENDA* INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2007-2. ITEM BEFORE COMMISSION The action requested of the City Commission is initiation of Comprehensive Plan Amendment 2007-2. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. BACKGROUND By Florida State Statutes, the City is allowed to process two Comprehensive Plan amendments each year. This amendment represents the second amendment for the year 2007. The amendment includes one (1)City-initiated Future Land Use Map Amendment, four (4) City-initiated Text Amendments, including provisions for residential development with the Four Corners Overlay District and two (2) Privately-initiated Text Amendments. A brief description of each item suggested for inclusion in the Plan Amendment is listed below: Cifv-Initiated Future Land Use Map Amendments: Future Land Use Map amendment for approximately 3.9 acres, located % block on either side of SW 12th Avenue, between SW 2"d Street and SW 3~d Street, from LD (Residential Low Density 0-5 du/ac) to MD (Residential Medium Density 5-12 du/ac). Cifv-Initiated Text Amendments: • Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase the allowable percentage of building area devoted to residential use from 15% to 75% at a maximum density of 30 units per acre within the Four Corners Overlay District, subject to the provision of workforce housing; • Future Land Use Element -Modification of Policy A-7.2 to include the provision of workforce housing in the Four Corners Overlay District; • Future Land Use Element -Modification of the description of the TRN (Transitional) Future Land Use designation to allow for increased residential density up to 24 units per acre within the Carver Estates Overlay District, subject to the provision of workforce housing. • Future Land Use Element -Expansion of the Southwest Neiq~hborhood Area Overlay District to include properties located %2 block on either side of SW 12t Avenue, between SW 2"d Street City Commission Meeting of July 10, 2007 Initiation of Comprehensive Plan Amendment 2007-2 and SW 3`d Street. This overlay district allows a maximum density of 24 units per acre, subject to the provision of workforce housing. Privafely-Initiated Text Amendmenfs: Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase the maximum density on properties lying within the Four Corners Overlay District which are not located at the intersection of Atlantic Avenue and Military Trail and which have less than 160 feet of direct frontage on Atlantic Avenue to 50 units per acre. Residential development on these properties may comprise up to 100% of the total building area and shall not be subject to the requirement to provide workforce housing; Future Land Use Element -Modification of the description of the Medium Density Residential Future Land Use designation to accommodate expansion of the Carver Estates Overlay Area to include the south portion of the Auburn Trace Development. This area is currently located within the Infill Workforce Housing Area which allows up to 18 units per acre, subject to the provision of workforce housing. Within the Carver Estates Overlay Area, the maximum density will increase to 24 units per area. The tentative schedule for processing Plan Amendment 2007-2 is as follows: June 18, 2007 Initiation by Planning and Zoning Board July 70, 2007 Initiation by City Commission July 76, 2007 Planning and Zoning Board Public Hearing August 7, 2007 City Commission Transmittal Public Hearing October 15, 2007 Receipt of ORC Report November 79, 2007 P&Z Adoption Hearing (ORC Response) December 4, 2007 City Commission adoption January 25, 2008 DCA Notice of Intent REVIEW BY OTHERS The Planning and Zoning Board considered the initiation request at its meeting of June 18, 2007. There was no discussion by the public and the Board unanimously recommended approval by a 4 0 vote (Pike stepped down, Dowd and Glickstein absent). RECOMMENDATION By motion, approve the initiation of Comprehensive Plan Amendment 2007-2, containing the material stated in this staff report. Attachments: • Location Map for Future Land Use Map Amendment • Location Map for expansion of Carver Estates Overlay District • Location Map for expansion of Southwest Neighborhood Area Overlay District s:lplanning & zoning\longrangelcomplamend 07-2107-2 cc initiation.doc N,y/, iST 3 .~ ~ 3 i 3 3 ; 3 3 i z z i i ~~~ ~ CF ATLAN TIC CC AVENUE < < < - _ _ - gy;, 15T __ __ ~ m x = ~ ~ r- - n ___-ry ______.. ___ _- __~ _ _- ' ~ ~ .- ~ ...__. .__p _ _ _ ~ _ _._ __ ~ __ _ _ _ _ ___ 3 _ _ _ _ _. _. __ N __ . -r I _..... _. _. ___ ~. ___ _ S. W. N i 3 3 3 3 ~ S. 2 D VI N N 3 ~ r ~ ~ 3 ; 3 S. N vi vi vi vi .W. ®® N S. W. 3RD CT. . W. 3 D CT. sw. •TM sT. ~~ s. W. a ~'' k' AUBURN CIRCLE NORTH O~ 5~ CF v ~p t 3 3 V1 N s.w. 8TH AUBURN DR. ~ U P~~J4. > j m m Jed m CF ~ ~ -- Dl6/TAL B4S£ MAP SYSTEM -- MAP REF: LM1020 N PROPOSED FUTURE LAND USE MAP AMENDMENT ~~ SOUTHWEST NEIGHBORHOOD CITY OF DEUZAY BEACH, FL PLANNING & ZONING DEPARTMENT PROPOSED FUTURE LAND USE MAP AMENDMENT: MD (MEDIUM DENSITY) N EXPANSION OF SOUTHWEST NEIGHBORHOOD AREA ~- OVERLAY DISTRICT CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ~ EXISTING OVERLAY DISTRICT PROPOSED ADDITION TO OVERLAY DISTRICT S. W. 3R0 CT. S. W. 3RD CT. s.w. an+ st. ^~ ~/ S. W. a ~' ~ a AUBURN CIRCLE NORTH r N ~ O~ 3 < ~~ J CF 3 3 ~ 4.P ~ ui ~n S. W. 6 u7 d I JE ~? P W Q ~~ ,r ~ ~ J~ ~ H PJ0 G_ S. W. 7 W H Z a a N ; s.w. BTH = s.w. n b ~ ~ , _ ~ ~ Q ~ Q Q s.w. M N = ~ ~ o 3 3 3 8 D= s.w. 3 3 N 3 3 vi vi vi vi S. w. /ND < V 3 ~^ ROYAL LM DR. ~ 11TH O~ x,41 ^~ ~.' 3 ~ ~'~'rM ~'# POINSETTIA DRIVE MD 4 -' ~ < D W GLASS 0 w Z ~ ~ J (V EORGIA STREET J ~ P~ z w -- 0/CIIAL BASE MAP SYSTEM -- MAP REF: LM1021 N EXPANSION OF CARVER ESTATES -~ OVERLAY DISTRICT CITY OF OELRAY BEACH, FL PLANNING ~ ZONING DEPARTMENT ®EXISTING OVERLAY DISTRICT PROPOSED ADDITION TO OVERLAY DISTRICT MEMORANDUM TO: MAYOR AND CITY COMMISSI NERS ~~~'n FROM: JASMIN ALLEN, PLANNER ~~~'I PAUL DORLING, AICP, DI CTOR PLANNING AND ZONING ~~~ THROUGH: CITY MANAGER ~%~ DATE: July 2, 2007 SUBJECT: AGENDA ITEM # ~' O - REGULAR MEETING OF JULY 10, 2007 REPORT OF APPEALABLE LAND USE ITEMS JUNE 18, 2007 THRU JULY 6, 2007 ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of June 18, 2007 through July 6, 2007. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meeting of June 27, 2007: A. Approved with conditions (5 to 0, Andrew Youngross and Connor Lynch absent), a Class site plan modification request associated with the construction of a 10-foot high perimeter wall and installation of associated landscaping for Boy's Farmers Market, located on the east side of Military Trail, south of Lake Ida Road. Concurrently, the Board recommended approval of a waiver to allow the proposed wall to exceed the maximum height of 8 feet (10 feet proposed). B. Approved with conditions (5 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with a 1,166 sq. ft. addition and renovation of an existing one-story restaurant, Mellow Mushroom, located on the east side of SE 6`h Avenue, south of East Atlantic Avenue. Concurrently, the Board approved the following waivers: City Commission Documentation, Meeting of July 10, 2007 Appealable Items • Reduced the landscape island along the rear of the property from 5' to 3'. • Reduced the amount of interior landscaping within the parking lot to allow less than the required 10% minimum (6.76% proposed). C. Approved with conditions (4 to 0, Shane Ames stepped down), a Class I site plan modification for architectural elevation plans associated with reconstruction of covered carports for 800 North Ocean Boulevard (800 Ocean Place Condo). Other Items The Board reviewed the proposed landscape code revisions and recommended approval to the Planning and Zoning Board and City Commission. Historic Preservation Board -Meeting of June 20, 2007 1. Tabled (4 to 1, Roger Cope dissenting and Linda Lake and Toni Del Fiandra absent), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of anon-contributing multi-family structure and construction of a three-story mixed-use structure at 19 SE 2"d Street. The Board tabled the item and directed the applicant to consider the direction noted in the staff report which would involve revising the elevations to be visually compatible with the surrounding neighborhood and to comply with OSSHAD (Old School Square Historic Arts District) zoning regulations. Planning and Zoning Board -Meeting of June 18, 2007 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: • Recommended approval (5 to 0, Deborah Dowd and Cary Glickstein absent) of a City initiated amendment to the Land Development Regulations (LDR) Section 4.6.9(E)(3), In Lieu Fee, establishing an expiration period and clarifying the payment amount due when in- lieu parking fee requests are approved independently of a site plan modification. • Recommended approval with conditions (5 to 0), of a combined preliminary/final plat for Hibiscus Lake Estates, a proposed fee simple single family subdivision containing four (4) residential lots located east of Lake Ida and south of Hibiscus Lane. Concurrently, the Board recommended approval of the following waivers: - Waive the requirement fora 5' sidewalk along the north and south side of the access tract and along the internal subdivision roadway. - Reduction of the pavement width to 20' within the new plat and to 17.5' (rather than 20' recommended by staff) on the existing roadway (Hibiscus Lane). • Recommended to the City Commission (4 to 0, Joe Pike stepped down) the initiation of Comprehensive Plan amendment 2007-2. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map 2 CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - ~v~Y ~o, Zoos L-30 CANAL Z „~ `~, ~~J W n u- o Q ~- ~ LAKE IDA ROAD Y ~" ~ m r' L„ ~ `~. ,~_„_„_„_„~ 806 pVEN E ATLANTIC ~ z L„~ °~ m LOWSON BOULEVARD 0 3 W O 2 C~,~ ~"" z - - I.._~,J 0 N 2 cai W L-38 CANAL h t7 O U ~,I . SOP ~~ Q 3 m 0 G}5 CANAL SPRAB HPB A. BOY'S FARMERS MARKET 7. 79 SE 2ND STREET B. MELLOW MUSHROOM C. 800 N. OCEAN BLVD. GULF STREAM a z~ 0 m L, AVENUE (1. ~ ~ i ~ i ~ A1A ~ !a t O 1 1 ~ _ ~~ 1 v,~ ~ ~ 1 V _/ Q O ~ W ' ~; ~_ ~: 1 1 1 -~1 ~ ~ N ~~~_~~_~~_ CITY LIMITS _~~~^-~~~ ONE MILE GRAPHIC SCALE GTY OF DELRAY BEACH, FL PLANNING B ZONING DEPARTMENT JULY 2007 - -DIGITAL BASE MAP SYSTEM - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JACKLYN ROONEY, PURCHASING MANAGER THROUGH: CITY MANAGER DATE: JULY O5, 2007 SUBJECT: AGENDA ITEM # U • I _ . ~ -REGULAR MEETING OF JULY 10, 2007 BID #2006-17 LANDSCAPE MAINTENANCE OF SOUTH FEDERAL HIGHWAY AND CONGRESS AVENUE, ANNUAL CONTRACT ITEM BEFORE COMMISSION City Commission is requested to approve bid award to low bidder, Complete Property Services, for the Landscape Maintenance of South Federal Highway and Congress Avenue for a total yearly cost of $18,755 with the option to renew for two additional years. BACKGROUND Seven (7) bids were received on June 12, 2007 all in accordance with City Purchasing policies and procedures. A bid tabulation is attached for your review. Recommendation is to award to low bidder, Complete Property Services for an estimated annual cost of $18,755. FUNDING SOURCE Funding from account code #119-4144-572-46.40 (Beautification Trust Fund, Parks & Recreations, Repair & Maintenance Services., Beautifications Maintenance. RECOMMENDATION Staff recommends award to low bidder, Complete Property Services, for an estimated annual cost of $18,755. CITY OF DELRAY BEACH BID #2007-31 LANDSCAPE MAINTENANCE SOUTH FEDERAL HIGHWAY AND CONGRESS AVENUE ANNUAL CONTRACT TABULATION OF BIDS JUNE 12, 2007 VENDOR• COMPLETE PROPERTY SERVICES GATOR LANDSCAPING TREE HUGGERS HARRY MA~~ME LANDSCAPING MAIA LAWN & LANDSCAPE SERVICES INC. ALPHA SCAPE LAWN & MAINTENANCE INC. 1ST NAT'L OUTSOURCING PROPERTY NIAINT. AMERILAWN & LANDSCAPING VII.A & SONS LANDSCAPING SUPERIOR LANDSCAPING & LAWN SVC. INC. BAKER LANDSCAPE CORP. BID TOTAL $ 18,755.00 $ 18,893.00 $ 18,893.00 $ 19,610.00 $ 19,678.00 $ 19,920.00 $ 22,100.00 $ 22,245.00 $ 33,309.00 $ 97,610.00 $122,280.00 CITE DF DELR DELRAY BEACH i00 N'~^d. is*. AVENUE OE~RAI' BEP.CH. ELORiOA 33444 ~ 56i%243-7000 All-America City MEMORANDUM 1993 2001 TO: Jackie Rooney Purchasing Supervisor FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bid #2007-31 - South Federal Highway and Congress Avenue DATE: July 3, 2007 I recommend Bid #2007-31 be awarded to the lowest bidder, Complete Property Services. They currently maintain these areas. Please place this on the July 10, 2006 agenda for City Commission. The amount is $18,755; this will be funded out of account #119-4144-572- 46.40. ~~ Joe Weldon Director of Parks and Recreation cc: David Harden, City Manager Tim Simmons, Parks Superintendent Attachment Ref:jrbidrec ® Printed on Recycled Paper T H E ~ F F O R T Q L W AY S MATTER S AGENDA ITEM NUMBER: ~`~ AGENDA REQUEST Request to be placed on: July 10, 2007 Date: July 05, 2007 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Approval of award to Low Bidder, Complete Property Services for Bid #2006-17 -Landscape Maintenance -South Federal Highway and Congress Avenue, Annual Contrail for an estimated annual cost of $18,755. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve award to low bidder, Complete Property Services, for Bid #2006-17 -Landscape Maintenance of South Federal Highway and Congress Avenue, Annual Contract, for the estimated annual cost of $18,755. Funding from account code 119-4144-572-46.40 (Beautification Trust Fund, Parks and Recreation Maintenance) for FY 2006-2007 ~~ Department Head Signature: J Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yeses ~ > No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: e~s No Hold Until: Agenda Coordinator Review: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: VICTOR MAJTENYI, DEPUTY DIRECTOR OF PUBLIC UTILITIES THROUGH: CITY MANAGER DATE: June 27, 2007 SUBJECT: AGENDA ITEM # U • C __. ~ - RE< LIFT STATION 58-A. EMERGENCY REPAIR OF RISER PIPE CONTRACT AWARD TO CHAZ EQUIPMENT COMPANY, INC. ITEM BEFORE COMMISSION Approve a contract award to Chaz Equipment Company, Inc. in the amount of $16,500.00 for the emergency repair of Lift Station 58-A, located in the Spanish Wells Subdivision. Pricing is in accordance with the annual contract for Sanitary Manhole Interior Rehabilitation #2002-37, active through Sept, 30"', 2007. BACKGROUND Lift Station 58-A is located on San Clara Drive/Spanish Wells Blvd in the Spanish Wells Subdivision. On June 20~', 2007, Utility Maintenance personnel discovered one of the two 4" effluent riser pipes in Lift Station 58-A to have split open, rendering that pump ineffective. This work is beyond the capabilities of in house utility maintenance resources, therefore staff solicited a price from Chaz Equipment Company, Inc. to perform the work on an emergency basis. They have provided a quote in the amount of $16,500.00 to perform the necessary repairs. The work includes by-pass pumping of the station, replacement of the pump and break-away fittings, and replacement of the riser piper to the valve vault with associated fittings. Pricing is in accordance with the existing annual contract for Sanitary Manhole Interior Rehabilitation #2002-37, active through Sept, 30~', 2007. FUNDING SOURCE Funding is from account #442-5178-536-68.15, Water and Sewer Renewal & Replacement/ Lift Station Rehabilitation in the total amount of $16,500.00. RECOMMENDATION Staff recommends award to Chaz Equipment Company, Inc. in the amount of $16,500.00 for the emergency repairs to Lift Station 58-A. C:\Docurr-ents and Seffings\gaskins\Local Settings\Temporary Internet Filesl0LKB2Wgnd Memo CHAZ LS 58A Repair 07 10 07 (3) (2).doc ,Q~Qs/35367 8180 Fairlane Farms Road. Salta 1 Wellington, Florida 33414 Tell (567}338-2149 Feu: (561)333-2180 ~ Engineering Gontrador Lift Stefion Rehabilitation Propose! city ai Delray ewct~ ~~ Mr. Milton wiwingt~am 1~ N.W. 1st Ave. t)+eYhey 8eactt, Ft 394+#4 r~ .rvn~ sz, s~-r sd: {6s7) gas-r~r Fex {661)?A3-7344 Please find 6elaw our prOp0ea1 for the rohaSllTt~en of the fib station below with the aPl~~ of 5ewperCoat Cettium A#umiralte agprepate Dement and other associated work items and Serv>ces; This proposal is 1n BGCbrdenGe with our CiN oti Detrrv Beach Annwl Contract ~2ti'!7; tlf! Ilion No. 68-A - Sant Cara Drive - ~ponbth WiNs t3ubdivision^ ~~ ~~~ {X1) By-paaa Sat up for 12" influent 8ew4r 13,000.00 B^ 8y-paas P+~. 3 days ®Xt0d1DsY: i600.Ot1 (X2) Rsrnata~ 4' pump t>~e (provided by Cib) ~ ~ ~1,Ot)0.00 Replace a" pipe from top of t~asa ta0's. up 6 over kris valve vaufl d stopping bero~e vatvp ce6~ of ih+e tterr~ #- i e}: :11,900.00 Tomdproposal /unouM: ~16.li00.00 .~- indudsd: Con~pMts sst~up 8 rtarhl~nanos oper+~tlmas Pipe 8 tilling -spiaosrnsnt as depiciad atta» Exduded: 9yst~an su-charos rwnoai New pump ~ and gu~~ matelots io be fumiched try Ciy of Celray 8eaoh ~!>i9 ~9 Thank you very rrurch, J Brad Miller Pn7ject Manager Page 1 of # - C ~ D o ~ a ~ ° r b~ a ~~ D ~ ~ ~ o0 WMK L.]0 -, --~ ~ o ° q a a __~ ~ ~ o 0 0 ~ ~ a ~ ~ LINTUN CANK L-]0 Qp BOULEVAO C A M A l L-M Q P ~ O ~ IyL~ TOyh ° t 0 ° Q RR ~ O ~ ~ D CAMAL l-A V ~ W D LAMA U \MJ V T ~ EACH LIFT STATION 58A DATE: 07/02/2007 CITY of DELRAY ® B EMERGENCY REPAIR FILENAME e ENVIRONMENTAL SERVICES DEPARTMENT ®©~ 434 SOUTH BYVNTON AVBJUE, DBJiAY BEACH FLOFIDA 33444 07-200 0 0 0 a cV O N O 0 CV CC Q W Q In 0 CV I n O O CV N U .~ O L CL 0 0 V v w i Agenda Item No. ~ • ~. AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: July 2, 2007 When: July 10, 2007 Description of item (who, what, where, how much}: Request City Commission to approve an award of contract to Chaz Equipment, Inc. in the amount of $16,500.00 for the emergency repair of Lift Station 58-A, located in the Spanish Wells Subdivision. Pricing is in accordance with the annual contract for Sanitary Manhole Interior Rehabilitation #2002-37, active through Sept, 30`h, 2007. Funding is from account #442-5178-536-68.15, Water and Sewer Renewal & Replacement/ Lift Station Rehabilitation in the total amount of $16,500.00. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve award of contract to Associates Roofing. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable}: Budget Director Review (re on all items involving expenditure of funds): Funding available: ES O i~G-~ Funding alternatives tf applicable): Account No. & Description See Above yyZ -5/7g -536, 6 / f~~a-r~.~ Account Balance ~/ ff i Zg City Manager Review: Approved for agenda:~~~10 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: _ Action: Approved/Disapproved C:\Documents and SettingslgaskinslLocal SetGngslTemporary Internet Fitesl0LKB21Agda Req CHAZ LS 58A Repair 07 10 07 (2) (2).doc Joseph ~. Schroeder Chief of Police Delray Beach DEIRAY BEACH Police Department AilAil-Amii~Y 300 West Atlantic Avenue ~ I I Delray Beach, Florida 33444-3695 (561 } 243-7888 Fax (561) 243-7816 ~,~u s MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SHARON L'HERROU, ADMINISTRATIVE OFFICER , \~ k~ THROUGH: CITY MANAGER DATE: July 6, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF JULY 10, 2007 REPLACEMENT OF ROOFTOP AIR CONDITIONING UNIT ITEM BEFORE COMMISSION The Delray Beach Police Department (DBPD) requests approval for the purchase of a rooftop air conditioning system. The current unit is in disrepair and requires replacement. The new unit is compazable to the present one. The Police Department recommends approving the quote provided by Stokes Mechanical Contractor, Inc., in the amount of $47,100.00. Stokes will provide the following: obtaining the local building permit, removing the old unit by crane, and properly disposing of the old unit. Work w711 be performed after-hours to minimize disruption to the citizens and staff. All necessary connections will be made and the unit will be properly secured to the roof. BACKGROUND The present rooftop air conditioning system is in need of replacement. Rusting and disrepair of the current unit is causing water leaks into the C:ommunication's and Records Sections. Ceiling tiles and insulation have fallen into the Computer Equipment Room. Environmental Services worked with three vendors to obtain quotes for the required repair or replacement. All three vendors recommended replacing the unit due to the extensive problems identified with it. Details are listed below: Replacement of rooftop air condition unit: Carrier Model SOAK-040-E-611 FG Stokes Mechanical Contractor, [nc. $47, 100.00 Van's Comfortemp $47,399.00 Atlantic Refrigeration $48,328.00 FUNDING SOURCE Funds in the amount of $25,000 will come from the Police Department's CIP budget account #334- 211 1-521-34.90 (space study) and $22,100 will be utilized from the contingency fund. RECOMMENDATION The Police Department recommends appproval of the Stokes qquote. Servi-ag with P.R.I.D.F.. Prnfessionalis»t, Respect, Integrity, Diversity and Excelle-tce • 8.~~ JUN-20-OT 0':~1 FR~II-Stokaa INchanical -~S6t59136C2 7-t3C P 71/~I F-293 ~~~~~~ STOICS MEGNAli1CAL CQNTRACTOR, INC. 2001 -7'" Av+erwe Wottty t~tE Wottl1, Fl 3$461 3taDe Licaltas No. (561)582.3689 St;a~ lio9RlD!'r No. Piurnbing: CFCa5lS6B6 (561)582-3602 fa~c HVAC: CAC049256 C' of Beads Poiioe t Z43-1339 Jame ?A, 20Q7 300 West At6u:tie Ave. ~ Curio Uati# at PoKce rtatittat FL 3.3444 A C~ert 283-?314 vw ~y ~uomt sp.dRoklorr X+d.alrerO~Ms toc We tQ fiurus6 all Isbor tmd matbe=iel to cme Maier Umt. Provide local Providc ~ servi~oc. Remavt old omit aad a~ Pmvidc aad install o~x t;errier modal ntanbcrSQAK-040-E-61 IPG. Make A11 connoctions. Pno stcnrc unvt to roof ctn~b. Start and check Recei~vt Ens! firofln This is based ou all work on an ovtrLtime basis m be sdaedoled With the Police 'Ibis ixludes all 'cable salts tax. we m» ~~ ana !abort - u+.mord~noa ~riln.boMS for the aum of Forty erveu thauwod one bawdsod ddtan Dolfsns (~ 47,10(!.00 ) .ra a. 50 96 u of ooastraet bslanoa due u y„~Ialrw b ~ wlod~ n b • HIagIR aara~illp b ~10~1'tl D~ MI/ aka ar 0a11iMen fora! abaa g~ p«akran. Uwd+~.le .w m.r w. es «+s.e aib ~ ~n ~twa. rm rlr h t0001M M Ufa a1r0a WR X10 aeela w a~Mara ~ ~~~ ~ a0b0alaa ar 4M~ agw10 M- NX~ap1, OWMt b aany 8a. ar-wes XO oiwr 11Q7~: T1u~ p~tM ~ ~ aY fl/~Yy aaMneloa Our tbxXS ai+ ~' awwrd py Nib0711~'~ CMOM1N~On n0 if f104 YOO~Qr6 WAFdf1 ? "-7- d Pso~+ea~l - 7Aa apart pdo~a, tpada0la~o~pt aAG CDfKa110M tors iaa~Y rlfld aot pMepY +OOtPd~ Yon N aurloeiatd b 4D IM roY >< tPOdf~ rli DII mtaa M OtN11td tOOYO. ~~re. Dale d Aooe~lana~ :.:: ~ Oi'R~ORT~~1P '*!~""' ~ .Atr C:«triiiti~,nin;~ e< K~ Iri_~r.t~teret paw : ~~,~ t]aote 1Dtk ~ ^p~ < 1-800-560-5008 Fax 561 278-5499 . ., „ ~' - _ ,' Address -.. . . Customer - ~:~~= :` ~ ~~:~~- .:~98~M~~c~ _ - Subdivision ~ - City~t~Bl`'-'•'~° State FL Zipcode .1_:':f3+ihla Home Phone' ~. Work Phone •`"~ Bill to Info ~ ~ -- ~ •~ ~~ - ~ ~ - EQUIPMENT Tonnage: 40 SEER: BTUs: ARI#: Package Unit Carrier SOAK040 Location ~ ~,- ? ~` =' "' _ . - Heater (KWs~ 0 Economizer ~ Roof Curb ~ Grans ~ 24ft Ext. 0 Existing System Info: ' . _ ~=` . '' Y _ "`. ` -_" '~ - fi WARRANTIES: Standard ~ 10 Year Manuf. P8tL ~ 12 Yr Essential Protection Compressor. 5 Cand. Coil: ~ Evap. Coil: 1 Other Parffi: 1 Labor: 1 1st Year Warranty Inspections: IVlonths Of "``~ Indoor Air Quality Items" Addif3onal lbms ~Racovery Needed _< Ultraviolet Light Duct Cleaning ': Smoke Detector ~ VAV Controls -w ~ Pleatod Filters ~nrsa tints an strongly Shroud `• - VFD :' S" Media Air Cleaner r.eontttanded for the ' `.: 7Day Progrxmmabk - Stan. Steel Droin Pan 1" Electronic Afr Cleaner ~~ °tf110~' ~~' ~ Removal of old :ai, Coatlng of t-ase pan duet. bacte-IS, last meta. -: 8" Electronic Alr Cleaner and smWce Xf 20 Hp High efficient _a:' Bans. Pressure Relief Initial to Decline Unmarked llama: motor Extended Warranty Equipment invaabrtertt i 4'7.315 /tdditionsl Work ~~` ' . ` ` "' Tool of FPL Rebalea inatsnt RebKe Credltt ToW Due 1t instil t 47,318 Mantdac4trers Raftacs TOEN 1-rveabnent S 47,315 PayrtwttDueUpon ,~~ Comptetlon:CashCheek ~Flnartt:inp ~Crodit Card Eslknabed Uoetltly Paltment (9yr} Van's Comforternp hereby proposes to tarrosh camphte :: spect6ed in tltle propoaai, for the sum ot: s 47389 t' Is epved and understood W the varties ntr. alt aquinmertt wnleit K sold pursuant hereto shell not becorrre fncanea o< part of Vfe roal sxats where they era D~ &aid puts and equipn'teM shop at all ttrrtes rsm~n penpnal Pn~Petty and ~ ~~ Sipnadrro thereto shah romnh m the selbr urnil paymem r h11 o rettieved 9uyu hereby agresa mat all equtpmern may a ropoassaed n the even: of nor~payt*tent I have the atNtority to order tl'+e work as dsaKed n tltis proposal. t astee to pay ell Sgnetum costs end roasonabb attomay's fees if this proposal is placed in the hahds of an attorney for mtlecoon (Van's ConltoMrttpj Data rCustorner) Oats 100• Satisfaction Guaranteed vtt.oa Fi. sae.. tJc.nse rectat3est INSTALLATION AGREEMENT ATLANTIC REFRIGER4.TION CORP., herein referred to as ATLANTIC, and Delray Beach (city ofl, hereinafter referred to as COSTUMER, hereby agrees that Atlantic will install air conditioning equipment at the following Iocation:~00 West Atlantic Avenue Delray Beach FL 33483. EOL'IPMENT SPECIFICATIONS 1 -Carrier SOAK-tl~i0-E-611 FG rooftop packaged air conditioning system w'20HP frequency drive. INSTALLATION DETAILS Remove & dispose of existing packaged unit that services the west end of the building. Install above specified equipment providing all necessary modifications to the electrical ~. drainage connections. Crane service is included in this proposal, Unit will br scheduled for weekend installation and is included in pricing. A Syear compressor, 1 year parts and 1 year labor warranty covers this installation. TERMS & CONDITIONS t Thic agreement wvers only the abovamentianed egniproeat attd work. Any additional work will be the respoosi~lity of tha customs. 2 .A SD% payment is required at the time of Acceptance of the agreement; the tetwirting Mlancc is due upon comp{etiem late paymmis shall bear tnttreat at the rate o: 1-1 ~2'A per month. 3 It is agreed that all of the material ptovidod under this agreement shall be and retrain personal property. and the title to it is hereby retained by ntlamtc and shell not pass to the costomcr anti! the fall agreement prier has been paid. In case of default by the customer, all costs of collection, whether soft be brattght or oat, shall be paid by eustnmc. AtLantrc; shall oat ba liable for any delay. loss or dttmage catrsod b?' acts of God, smlces, 9eeidmts. M any other reason beyond et. ccmtml. agreement is valid for 9(1 days. TOTAL INVESTMENT $48,328.00* *An optional new roof adapter curb is recommended for an additional cost of 54,685.00. 1 ' r k • Atlantic Authorized Representative 6:'1307 1255 N.1~r. 17th Avenue, Delray Aeach, Florida 33445. 561-278-1937 Customer Authatizod Signature Atlantic Refrigeration Corporation Fax: 561-278-0373 wvtlw.atlanticrefiigetation.cc Date: 7'6'07 AGENDA ITEM NUMBER ~ • ~• ~~~ ^, ~, - .. oQ+~i. P 4 ~_ ~,E Request to be placcd on: AGENDA REQUEST X Consent Agenda _ Regular Agenda _ Workshop Agenda -Special Agenda When: _luly 10, 2007 Description of agenda item (who, what, where, how much): The Delray Beach Police Department (DBPD) requests approval for the purchase of a rooftop air conditioning system from Stokes Mechanical Contractor, Inc., in the amount of $47,100.00. The current unit is in disrepair and requires replacement. The new unit is comparable to the present one. Stokes will provide the following: obtaining the local building permit, removing the old unit by crane, and properly disposing of the old unit. All necessary connections will be made and the unit will be properly secured to the roof, Dcpartment Hcad Signature: ~ '~~~ ~ , ~ a City Attorney Review/Recommendation (if applicable}: Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~/ No Initials: Account Number(s): 334-6112-522-64.90 pending funds transferred as follows: 334-2111-521-34.40- $25,000 OOl -6111-5 l 9-99.03- $22,100 Description: Rooftop A_ir C_ c~d~tionin~ Unit Account Balance: `f Funding Alternatives: N/A (if applicable} City Manager Review: Approved for Agenda: es No Initials: Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CITY COMMISSION FROM: Joseph Saffor~~ ce Director Guy Buzzelli, CIO~~ THROUGH: CITY MANAGER ~//" I DATE: July 3, 2007 SUBJECT: CABLING FOR ESD NEW ADMIN BUILDING ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of cabling for the ESD new admire building (including supply and installation of cabling and outlets as outlined in the attached proposal) from Jade Communications Incorporated in the amount of $46,623.10 per County Contract #05193. BACKGROUND Cabling is required in the ESD new admire building to provide all telephone and data transmission services, and also to link the old and the new admire buildings via voice and fiber optics. The proposal provided by Jade Communications represents acost-effective project for supplying and installing the necessary cabling, outlets, and connectors. FUNDING SOURCE The $46,623.10 cost of the cabling project will be covered by funds in account #441-5111-536- 62.45. Staff recommends Commission authorization for the purchase of cabling for the ESD new admire building from Jade Communications Incorporated in the amount of $46,623.10. Page 1 of 1 Date- 28 JUNE 2007 PROPOSAL NO: 062807M0 SUBMITTED TO: Ed Del Portillo Company Name & Address: Job Location: City of Delray Beach Delray Beach ESD 100 NW 1~ Avenue New Admin Building Delra Beach, FL Phone Number: 561 243-7147 Fax Number: 561 243-7166 We hereby submit specifications and estimates for: Supply and install 58 dual outlets with Category 6 cable. Each drop will be tem~linated with a category 6 jack at user end installed in a 2-port ivory faceplate at work station end, and terminated on a 48-port patch panel at closet end. All cables will be supported to trusses with "J-hooks". One new 7 foot enclosed cabinet with fan pack wilt be provided and installed with ladder rack, and (7) horizontal wire managements. One 24 strand single mode tight buffer fiber optic cable and one 100 pair PE- 89 voice cable will be provided from new admin building to old admin building in conduit provided from closet to closet by others. Voice cable will be terminated on 100 pair protectors at each end. Fiber optics will be terminated with SC connectors installed in rack mount fiber enclosures at each end. All cables and fiber optics will be tested after termination. As-bunts will be furnished in a timely manner upon completion of project. We hereby propose to furnish labor and materials-complete in accordance with the above specifications, for the sum of: FORTY-SIX THOUSAND SIX HUNDRED TWENTY THREE DOLLARS 8101100'S Balance due upon receipt of Invoice ___-_ All material is guaranteed th be as specified. All work above to be completed in a skillful manner acco irtg to standard practices. Any alteration or deviation from above specifications involving extra cost, will be executed only upon written orders, and will become a "T 8~ M" extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. No permit fee's or bonding is included in this quotation. This proposal is subject to acceptance within thirty days and is void hereafter at the option of the undersigned. Florida License ES0000112 AUTHORIZED SIGNATURE Date ACCEPTANCE OF PROPOSAL The above prices, spec cations and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ACCEPTED: Signature Date VENDOR # 3108 PRICING ACCORDING TO COUNTY CONTRACT # 05193 6610 E. ROGERS CIRCLE ° BOCA RATON, FLORIDA 33487 ° (561) 997-8552 ° FAX (561) 997-5935 AGENDA REQUEST AGENDA ITEM NUMBER: v • ~- Request to be placed on: Date: July 3, 2007 X Consent Agenda Special Agenda Workshop Agenda YVhen: July 10, 2007 Description of agenda item: Approval to purchase outlets and cabling for the ESD new admin building (to include 58 dual outlets with Category 6 cage in the new building, as well as one fiber optic cable and one voice cable running from the new admin building to the old admin building, as outlined in the attached proposal from Jade Communications Incorporated) in the amount of $46,623.10 with funding to come from account #441-5111-536-62.45. Pricing is per County Contract #05193. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO Recommendation: Approval is recommended by Finance Director and MIS Manager. ~~ Department Head Signature: Determination of Consistency with Comprehensive Plan: WA City Attorney RevlewlRecommendatbn (ff applicable): NIA Budget Director Review (required on all items involving expenditure of funds): ~~ Funding available: Yes X ~~ No 7 Funding alternatives (if applicable): Account Number. Account Description: Account Balance: City Manager Review: Approved for Agenda: ~ No Hold Until: Agenda Coor+dlnator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JACKLYN ROONEY, PURCHASING MANAGER THROUGH: CITY MANAGER ~~~ DATE: JULY 5, 2007 SUBJECT: AGENDA ITEM # S •~~ ~ -REGULAR MEETING OF JULY 10, 2007 PURCHASE AWARD APPROVAL FOR PURCHASE OF TWO (2) REPLACEMENT VEffiCLES FOR THE CITY ITEM BEFORE COMMISSION City Commission is requested to approve purchase award as listed below for the replacement of two (2) City vehicles. These vehicles are available via the Florida Sheriff Association Bid #06-14-0821 awarded to multiple vendors. BACKGROUND The Parks Maintenance Division is requesting the replacement of vehicle #773, a Ford F-250 SD 4x2 Pickup Truck that was involved in an accident and was deemed a total loss. The new Ford F- 250 is available from Duval Ford for total of $22,290 including options. Also, the Fleet Maintenance Superintendent is recommending a Toyota Prius Hybrid 4-door Administrative Vehicle for total of $23,552 with options to replace a Chevrolet Lumina (vehicle #387) for Community Improvement. This would add another hybrid to the City's Fleet that consists largely of domestic cars and trucks. See attached memo from the Fleet Maintenance Superintendent dated June 22, 2007. FUNDING SOURCE Funding is available from account code 501-3312-591-64.20 (Garage Fund, Vehicle Replacement, Automotive). RECOMMENDATION Staff recommends approval for the purchase of one Ford F-250 4x2 Pickup Truck from 1~: ~ for the total of $22,290, and the purchase of one Toyota Prius Hybrid from Alan Jay Import•Center, Inc. for the total of $23,552. Page 1 of 4 Rooney, Jackie From: Rumell, Kevin Sent: Friday, June 22, 2007 9:34 AM To: Rooney, Jackie Cc: Smith, Douglas; Hasko, Richard; Schmitz, James Subject: FW: Replacement Vehicles Good Morning Jackie, Mr. Harden has approved the purchase of these replacement vehicles. I need to have them placed on the City Commission meeting agenda for July 10~'. pame, Please prepare requisitions for the purchase of these two vehicles, as noted below. Pricing is from the 2006 Florida Sheriff's Contract #06-14-0821; funds are available in account #501-3312-591-64.20. Florida Sheriff's Contract #06-14-0821; Specification #35 Replacement for Vehicle #773 Duval Ford One (1) Ford F-250 SD 4X2 Pickup Truck $15,122.00 White Exterior/Blue Interior Options Code 3K Third Key 89.00 Code 531-86T-HD Trailer Towing Pkg. 489.00 Code SSB Standard Service Body 4,300.00 Code DBA Backup Alarm 95.00 Code E5/100 Extra Care Extended Warranty 2,195.00 Total $22,290.00 Florida Sheriff's Contract #06-14-0821; Specification #7 6/25/2007 Page 2 of 4 Replacement for Vehicle #387 Alan ]ay Import Center, Inc. One (1) Toyota Prius Hybrid Administrative Car White Exterior/Blue Interior Options Code PV40 Carpeted Floor Mats Code 3K Third Key Extended Warranty Kevin G. Rumell Fleet Maintenance Superintendent City of Delray Beach Office (561) 243-7333 Fax (561) 272-5366 Email rumelll@ci.dellray-ibeach.fl.us From: Harden, David Sent: Thursday, June 21, 2007 1:34 PM To: Rumell, Kevin Cc: Hasko, Richard Subject: RE: Replacement Vehicles $21,823.00 169.00 299.00 1,261.00 Total $23,552.00 You may proceed with all three for July 10. I onty had a question about 387. From: Rumell, Kevin Sent: Thursday, June 21, 2007 1:16 PM To: Harden, David Subject: RE: Replacement Vehicles Mr. Harden, 6/25/2007 Page 3 of 4 The Prius would be $23,552 including extended warranty which was not originally published in the Sheriff's contract, a $1,261 option. Although our fleet consists largely of domestic cars and trucks, I think the Prius would make a good choice for this application, and would add another Hybrid to our fleet. If you wish, I can work on getting this placed on the agenda for City Commission on July 10~. Have you considered the replacement of the other two vehicles that I mentioned? I know that Ocean rescue is in real need of that third ATV, and Joe Weldon has questioned me about expediting a replacement for that as well as the truck that was totaled. Thank you, Kevin G. Rumell Fleet Maintenance Superintendent City of Delray Beach Ot~ice (561) 243-7333 Fax (561) 272-5366 Email rumellll@ci.de)Iray-ibeach.fl.us From: Harden, David Sent: Thursday, June 21, 2007 11:52 AM To: Rumell, Kevin Subject: RE: Replacement Vehicles For replacing 387 should we consider a Prius? 1 realize the cost is about 25% more. From: Rumell, Kevin Sent: Wednesday, June 13, 2007 1:44 PM To: Harden, David Subject: Replacement Vesicles Mr. Harden, I have determined that there are several vehicles that are in the fleet that need to be replaced, for which I'd like your approval to accomplish in this fiscal year. I have an unencumbered balance of $296,000 in the 501-3312-591.64.20 account, which is sufficient to fund the purchase price of these three vehicles. I understand from Mr. Safford's memo that requisitions for capital purchases need to be submitted by July 27, so I'd like to proceed with these in a timely fashion if possible. The vehicles affected are as follows: Vehicle 773 was involved in an accident on May 24, 2007 and has been deemed a total loss. This is a 3/a ton Ford F-250 with a utility body assigned to Parks Maintenance. Replacement cost would be $22,735.00. Vehicle 387 is a 1996 Chevy Lumina assigned to Community Improvement, driven by Al Berg. This vehicle was previously assigned to the Police Department, then reassigned to C.I. upon being replaced. 6/25/2007 Page 4 of 4 Lula Butler is requesting this vehicle be replaced, and Lisa Herrmann has indicated to me that you want the replacement cost to come from my replacement fund. A comparable car would be a Chevy Impala, which would cost $17,163. Unfortunately the Ford Taurus is not available at this time; I thought the Taurus was a good value for the dollar when it was available. Vehicle 737 is a 2005 Arctic Cat ATV assigned to Ocean Rescue. This vehicle has been in service for only 17 months, but has suffered extreme corrosion damage from the salt environment that they operate under. I have been discussing a program with Ocean Rescue Superintendent Bob Taylor to improve the methods used to wash down these ATVs, in an attempt to reduce the corrosive damage and extend the life of these units. I am having a lifting device being fabricated to allow the users to better access and clean the underside and suspension of these vehicles, and a new spray product has been identified that helps to neutralize the effects of the salt. But the fact remains that this vehicle needs extensive repairs due to rust and corrosion and is not cost effective to repair. A cost to purchase a replacement ATV would be aprox. $6,400 based on past acquisitions. I'll provide the necessary quotes when preparing a purchase requisition, should you approve this replacement. Thank you, Kevin G. Rumell Fleet Maintenance Superintendent City of Delray Beach Office (561) 243-7333 Fax (561) 272-5366 Email rumell@ci.delray-beach.fl.us 6/25/2007 AGENDA ITEM NUMBER: v ' • ./ AGENDA REQUEST Request to be placed on: July 10, 2007 Date: July O5, 2007 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Purchase of one (1) 2007 Ford F-250 SD 4x2 pick-up truck from Duval Ford for the total cost of $22,290 including options, and one (1) Toyota Prius Hybrid for total cost of $23,552 including options. Pricing per Florida Sheriffs Association Contract #06-14-0821. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve award to Duval Ford for the purchase of one (1) 2007 Font F-250 SD 4x2 pick-up truck for the total cost of $22,290 from Duval Ford and one {1) 2007 Toyota Prius Hybrid Administrative Car from Alan Jay Import Center for the total cost of $23,552. Pricing per Florida Sheriffs Association Contract # 06-14-0821. Funding from account code 501-3312-591-64.20 (Garage Fund, VehiGe Replacement, Automotive) c~~ Department Head Signature: ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items invohring expenditure of funds): Funding available: Yes / ~ No Funding alternatives: Account Number: (if applicable) Account Description: Account Balance: City Manager Review: Approved for agenda~~ No Hold Until: Agenda Coordinator Review: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JOSEPH M. SAFFORD1~~ANCE DIRECTOR THROUGH: CITY MANAGER ~/I~ DATE: JUNE 23, 2007 {~ SUBJECT: AGENDA ITEM ~ • 1 ~-REGULAR MEETING OF JULY 10 2007 PURCHASE OF ADDITIONAL RADIO-READ TRANSCEIVERS ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of seven-hundred (700) transceivers to convert additional water meters from touch-read technology to radio-read technology. The estimated cost for the conversion is $90,000.00. The vendor is Sensus Metering Systems, a sole source provider for the City's water meters and radio-read upgrades. BACKGROUND There are presently over 2,000 water meters converted to radio-read meters. We have over 1,200 conversions east of the Inhacoastal and 800 conversions west of the hrtracoastal and east of Swinton Avenue. These meters are read automatically by driving down streets with radio-read computer equipment and can read entire meter routes in a matter of hours that would normally have taken days to read. This conversion has taken some of the workload off our current staff of four (4) Meter Readers and allowed us not to increase staff in this area. The cost of a transceiver is approximately $128 per meter. We currently have 20,821 meters. This would mean that, with 2,000 already converted to radio-read, there are over 18,821 meters that are currently read by touch-read systems and require four (4) Meter Readers. The cost to convert all these meters would exceed $2.4 million. We do not feel that a full conversion to radio-read would be cost effective for the following reasons: Meter Readers are also used for customer turn-on's, turn-off s, and other customer services and therefore we would not necessarily be able to totally reduce staff simply by converting technology. Current technology appears to be moving toward a wireless technology where water meters could be read by office personnel through the use of Wi-Fi towers. Meters could be read automatically even on a daily basis allowing us to statistically capture information not previously available on water usage. This technology is just emerging and we will continue to monitor its progress and cost- effectiveness. FUNDING SOURCE Water/Sewer Replacement Fund-Accourn Code: 442-5178-536-52.31 RECONIIViENDATZON The Finance Department is recommending the purchase of seven-hundred (700) additional radio-read transceivers from Sensus Metering Systems, as a sole source provider, in the amount of $90,000.00. This will complement our current 2,000 radio-read units that will take additional load off our crews that are finding it difficult to complete all routes and still allow for normal vacation time, inclement weather conditions, and other conditions affecting meter reading time availability. AGENDA ITEM NUMBER: • t' AGENDA REQUEST Request to be placed on: XX Consent Agenda Date: Special Agenda Workshop Agenda Description of agenda item: City commission is requested to approve the purchase of 700 transceivers to continue with the installation of our radio read system. We current have 1200 radio read meters along the beach and 800 radio read meters west of the intra-coastal. The estimated cost is $90,000. ORDINANCE/RESOLUTION REQUIRED Draft Attached: YES NO X YES NO X Recommendation: The Utilities Customer Service staff recommends the purchase of the 700 transceivers for our radio read meters. Funding from the Water/Sewer replacement Fund Funding from account code: 442-5178-536-52.31 Department Head Signature: --~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: Account Number: 442-5178-536-52.31 (if applicable) Account Description: Water/Sewer Replacement fund Account Balance: $ 95,000 City Manager Review: Approved for agenda: Yes No Hold Until: Agenda Coordinator Review: Received: Action: Approved _ Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT PAPE, AICP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: July 2, 2007 SUBJECT: AGENDA ITEM # ~ • ~ REGULAR MEETING -JULY 10. 2007 CONSIDERATION OF WAIVER REQUESTS ASSOCIATED WITH THE CLASS V SITE PLAN FOR ST. GEORGE SUITES LOCATED ON THE EAST SIDE OF PINEAPPLE GROVE WAY AND 410 FEET SOUTH OF NE 4 STREET (321 PINEAPPLE GROVE WAY). ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of the following three waivers associated with the Class V site plan application for the St. George Suites project: 1. LDR Section 4.6.8(B)(3)(c), which allows an illumination of up to 4 foot candles within the parking area; 2. LDR Section 4.6.14(A)(1), which requires a 20-foot visibility triangle at the intersection of an accessway and the public right-of-way line; and 3. LDR Section 4.6.16(H)(3)(a), which requires a 5-foot perimeter landscape strip along the alley. BACKGROUND The property consists of Lot 9, Block 81 Town of Delray Beach subdivision and contains 0.15 acres. The property is currently occupied by a 1,379 square foot office building and a residential dwelling unit. At its meeting of June 13, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan for the St. George Suites. The development approval includes the demolition of the existing buildings and construction of a four story building that contains six hotel suites, a 1,465 square foot spa and amenity space for the use of the hotel guests, and a roof top swimming pool. The SPRAB considered the waivers identified above at this meeting and recommended approval of each. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver Request Associated with the Class V Site Plan for St. George Suites City Commission Regular Meeting -July 10, 2007 Lighting: Pursuant to LDR Section 4.6.8(B)(3)(c), the maximum allowed illumination for the parking garage of the development is 4 foot candles. The proposed photometric plan exceeds these illumination standards with a proposed maximum illumination of 8.3 foot candles. The applicant has submitted the following verbatim narrative in support of the waiver: "...We meet or exceed the requirements of LDR Section 2.4.7(8)(5) for the waiver request. Thus, this waiver request should be approved based on the following: This is a request for a waiver to LDR Section 4.6.8 which allows the maximum illumination of 4 foot candles. Our waiver request is to allow a maximum illumination of 8.3 foot candles. This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in a grant of a special privilege to our client. Safety is not compromised in this case, in fact, the higher foot candles allow for a safer environment. !t is also important to note that the average illumination in the parking garage is 4 foot candles. !n addition, other jurisdictions such as Palm Beach County have much higher illumination levels for parking garages, as high as 70 foot candles in some instances. The lighting code for Palm Beach County has been enclosed for your convenience. Lastly, it has been brought to the City's attention by various members of SPRAB that the City lighting codes are relatively impossible to meet and does not serve its intended purpose. Additionally, it has been mentioned by various staff members that the lighting code for the City is being re-written. Consequently, a positive finding with respect to LDR Section 2.4.7 (B)(5) Waiver Findings, can be made. Therefore, for the reasons enumerated above, we respectfully request that the above waiver be approved." Waiver Analysis: The proposed maximum illumination increase to 8.3 foot candles is not a significant increase. The greatest concern to garage lighting is spillage onto adjacent properties and glare to passing motorists and pedestrians. The building elevations indicate that the light fixtures will be flush- mounted ceiling fixtures, which will be screened by the fascia of the garage entrance. This will restrict direct glare from the light fixtures as to avoid causing ahazard/nuisance to passing motorists and adjacent property owners. It is noted that the subject property is located within the urbanized commercial core area of the City, which allows for the mixing of commercial and residential uses that typically coexist harmoniously, despite issues that would cause conflict in a more suburban environment. The existing use to the east is multiple family residential and to the west is the approved Cannery Row residential project. The properties to the north and south are not a concern since they will be screened by the solid walls of the garage which are located on the property lines. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. Visibility at Intersections: Pursuant to LDR Section 4.6.14(A)(1), 20-foot visibility triangles are required at the intersection of a public right-of-way and a private driveway. The building encroaches into the visibility triangles on both sides of the drive aisle at the entrance from Pineapple Grove Way and the exit to the alley. 2 Waiver Request Associated with the Class V Site Plan for St. George Suites City Commission Regular Meeting -July 10, 2007 The applicant has submitted the following verbatim narrative in support of the waiver: "This is a request for a waiver to LDR Section 4.6.14(A) to reduce the sight visibility triangles for Phis project from 20' to 9' 4"along NE 2"d Avenue and to 10'11 "along the alley. This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in a grant of a special privilege to our client. Due to The nature of urban infill projects, a sight visibility triangle of 20' along NE 2"d Avenue is not necessary nor is it realistic. Safety is not compromised in this case because if measured from the travel way or thoroughfare and not the property line, the visibility requirement is more than satisfied. Moreover, the speed at which traffic travels on These urban streets is significantly slower than other areas. Similar waivers have been requested for other projects in the downtown area, including but not limited to Atlantic Shores and Atlantic Tradewinds. Similar circumstances on other properties would lead to the same conclusion and once again, have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7 (8)(5) Waiver Findings, can be made." Waiver Analysis: The waiver to the visibility triangle along Pineapple Grove Way is not a concern since the driveway is a one-way aisle entrance, which exits onto the alley along the east side of the property. The proposed visibility triangle along the alley is approximately 10 feet. The reduction of this visibility triangle is supportable, in part, given the low traffic volumes and speeds along the alley and the low volume of vehicles that exit onto the alley. The approximate 10 feet of visibility will provide adequate sight visibility from the vantage point of the driver to safely exit the parking facility. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Perimeter Landscape Strip: Pursuant to LDR Section 4.6.16(H)(3)(a), a 5-foot landscape strip is required between the eastern- mostangled parking space and the east property line and the proposed landscape strip is 1-foot 10 inches. The applicant has submitted the following verbatim narrative in support of the waiver: "...This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in a grant of a special privilege to our client. The unique size and location of The site impacts the ability to layout the improvements of the site. Therefore, it is not feasible to meet the required 5' landscape buffer along the entire east property line. In addition, adjacent fo this eastern portion of the property is a one-way 16' alley, which abuts the rear of The adjacent structure. This alleyway is not heavily traveled, and the landscape buffer requirement is met along the remaining portion of the eastern property line. Similar waivers were requested for other projects in the area, including but not limited to The Mark. Similar circumstances on other properties would lead to The same conclusion and once again, have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made." 3 Waiver Request Associated with the Class V Site Plan for St. George Suites City Commission Regular Meeting -July 10, 2007 Waiver Analysis: In an urbanized area, the reduction of the perimeter landscape strip along the alley will not substantially impact the aesthetic appearance of the project. It is noted that the angled parking space reduces the landscape strip to a point and that the remainder of this landscape strip exceeds the 5-foot minimum width (8 feet 9 inches). Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. RECOMMENDATION By separate motion: 1. Approve the waiver to LDR Section 4.6.8(B)(3)(c), which requires a maximum illumination 4 foot candles within the parking area subject to the condition that the light fixtures are full cut-off based on positive findings with LDR Section 2.4.7(B)(5). 2. Approve the waiver to LDR Section LDR Section 4.6.14(A}(1), which requires a 20-foot visibility triangle at the intersection of an accessway and the public right-of-way line subject to the condition that a traffic calming device such as a speed hump be provided at the exit onto the alley based on positive findings with LDR Section 2.4.7(6)(5). 3. Approve the waiver to LDR Section 4.6.16(H)(3)(a), which requires a 5-foot perimeter landscape strip along the alley based on positive findings with LDR Section 2.4.7(B)(5). Attachments: ^ Site Plan, Landscape Plan, and Architectural Elevations • Letters from applicant dated March 20, 2007 and May 21, 2007 ^ Site Plan Review and Appearance Board Staff Report dated June 13, 2007 4 ~a w ~P ~ ~ Q J~ Q~~ N.E. 5TH CT. O\~~~ G~ ~ ~ "~ ~ ~C~`~D ° N.E. 5TH ST. Q U L,..I W z N.E. 4TH ST. w Q Q > Q ~ o 0 cn z ~ N ~ N.E. 3RD ST. w ~i w z z z N 321 PINEAPPLE GROVE WAY SUBJECT ST. GEC?RGE'S SUITES PROPERTY ~ ~-43.4x_ ~ s-a ~ -a3 ~ -aa~a CITY OF DELRAY BEACH, FL PLANNING do ZONING DEPARTMENT LOCATION MAP VCITAL &ASE MAP SYSTEM -- MAP REf: LM7017 N.E. 2ND AVENUE 50' R/W(P) _ ~ /r ® - - ~ !['17~ _/// /- _ -099d (MJ 50.00'~P~ ~•-c-- m G.F I ___~ ~'~ ~~ ~~ ~~ i ~~ ~ I r a I o ~~ ~~ ~~R~1 K I ,f P ~ ~ 'I - I ~~ g a 3 ~. z 1 0 ~ ~ I ~ ~, 1 ~ 6 1 gp/ 1 //'! 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GEORGE SUITES =°~m~ "°R `" ~ ~ `~ ~ ~ A BOUTI UE HOTEL ~aa == ~~~ • N 6 2"'.N ~~ y 321 PINNEAPPLE GROVE WAY c DELRAY BEACH. FLORIDA „_ = n^ j N I A'-0' m l I n ~ ~- ~ y ~ g ~ >ii" f ~ ~ ~ ~ ~q ~~ C Ti w ~ ~ PITiEAPPLE GROVE WAY ~ > ~ y t~ j = ' ~ > 5 ~N ~ 9. ~~) ~ - ~ iji S ` ~ ~ g a ~ ' ' g ~. ~ ~ ui N N ~V ~ ~ Fi $ G ` 9 C ~ N t y p ~ ~ ' y Y t S ' -~1 N Z r ~ o N ~ ^ ~ L S Ni n' ~I 3 . ~ ~ 9 ~ Q Z 0 ~ o _ N ~ ~i~~i01r7 ~ ~ ~ gyp''' ~ ~ ~ ~ ~~ ~ ~ i i{E~ E~s~ ~o~ , i s _ ~~8~;s - - i ~ 'a = pF ~" `-- a - - -- - =~~~~Q cwsT ' ~ ~ -- ~ c ~ . ? ; -r.~ ~ ~~o~~ ~ ~ ~ 's ~ p A ~ ~ ~ ~ n o ~~~ ~ ~ ~ ~ ~ > ~ ~ ~ ~~ ' gP N ~Y N Z- r N F~~~4'~ ~$F O L ~~~ ~~~F ~~~ ~ a r€ ~~~~~;~~ m ~~~~c ~ ~~~~ o CI~r~ 9~: ~ ~ ; 4M '~4my~'~Q~~$~d~ ~ ~~ ~ ~~a ~ ~ ~~ R£~ $ ~ e _ L In ~^~~~5~~~ ~ ~f~p~~YxY~~ ~~~ ]~~$ i ~~~ R ~ ~ a ~~ ; r y , $ R ~ ST. GEORGE SUITES i~ia-oe az~o~ MICHAEL FAY: LANDSCAPE ARCHITECT ~* IOCBAY. MT, 11.f.~ N re 321 PINEAPPLE GROVE WAY R Y N. 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Z O .. ~ V r ~ ~ 3 A y~ ~~ r ~~ rI y Pmi ~ ~y~i {iI Ci r ~ ~ ~ N +Ni N o N Y' y' u I^ w N n N '1` p, 8 u iii w ,u^^ V, r C Y O z Q E E / 4 I A° ~~ Sa o ~~ ' S g ~~ i~ ~' L 05 i d ~~~ 8E' 1 ~~ ~€~8 S6 F ~ ~ e ~ ig a~~ w - f..3 B l+~ l`/ C 1~-1 z c! R~ 5~ a~ a ~ ~ ~ I ~ r- I r I - ~ I ~ ~ I I I I ~ ~ ~ ~ ~ I I I I j ~ I I j ~ 1 ~ I ~ I it I i i ~ I I i I I I o ~ - ~ ~ ~_ ~ ~{ f 1 - ~~ F7A°A c~c ~ ~~P RI ~ ^p !d i ~'~ ?d k6 ~i 5 € € a qq~ ~d l i $$ ~~gS R~ ~a E~~g ;~~~ RJR; f,~d g~. ~~~ ~~~ t 2~ ~~ ;~~~ a ~~ a ST. GEORGE SUITES %~ ~~ ~^~ ~ ~ , m '' A BOUTI UE HOTEL ~ _ _~ ~^~' 321 PINEAPPLE GROVE WAY ~ 'c^(t~ n ° N DELRAY BEACH, FLORIDA _ ,. ~ W ~ O ex ~~ lit C H 1--1 O z ~j~ 8 ~~~ ~~ FI` `6 ~F ~e { 4 ~~ F ~ = 4 G s i~q}q • ~ al ~€1 P Ir I ~ ~- f r I I I~ I I I I I I I I ! I I 1 I I I I I I I I I I I ~~ =~ ~. `~ I I ~~~ `Pi I ~ I I I ~ I I I _ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i. I I I I I I I I i i I I i i I I I I I E FQ ~i `~ aa ~~s I ~ G I ~~° I ` ~ I ~~R 1 i I I I I I I I I I I I I I I I I I I I I i i t I i I I I ~ I I I I I I I I I I I I I I - - I I I i I I I I I I I ~ I ~1 1i I' V~ ~~d ~~ JFq~° / $y, CC~33 S3IQ4 F s J ~~ L - 3g ~fs gxy~ -~~ ~i a `~ m G a ST. GEORGE SUITES ~^~ ~ ~ "`' m e `° ~ A BOUTI UE HOTEL haw = ~^ ~~ i N ~ 321 PINEAPPLE GROVE WAY m"~ ~m 'c R ""` '~ '^ DEL AY BEACH. FLORIDA use ~~ n w L m ~ r 8 r t~ c L c ' a ~~~ a GEORGE SUITES ST , . ~ ~" m ~ .~ A BOUTI UE HOTEL - _ - ~'~~' _~ a 321 PINEAPPLE GROVE WAY c.~ I ~ n DELRAY BEACH, FLORIDA _ ~ WEINER 8~ ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF KERRY D. SAFIER SHAYNA M. REITMAN March 20, 2007 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Waiver Requests for St. George Suites Our File No.: RISG006 Dear Paul: OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer Via Hand-Delivery This letter is a waiver request pursuant to Section 2.4.7(6)(2) of 'he Delray Beaeh Land Development Regulations ("LDR") involving the granting of relief from two (2) specific development regulations. Enclosed is one (1) check in the amount of Two Hundred Forty Dollars ($240.00), payable to the City of Delray Beach, representing the cost of our request for waivers to LDR Section 4.6.14(A)(2} and LDR Section 4.6.16(H)(3)(d). To support a waiver, LDR Section 2.4.7(6)(5) requires that the governing body make a finding that granting a waiver: (A) Shall not adversely affect the neighboring area; (B) Shall not significantly diminish the .provision of public facilities; (C) Shall not create an unsafe situation; and (D) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. We meet or exceed the requirements of LDR Section 2.4.7(6)(5) for each waiver request. Thus, these waiver requests should be approved based on the following: Sight Visibility Triangle This is a request for a waiver to LDR Section 4.6.14(A) to reduce the sight visibility triangles for this project from 20' to 9'-4" along NE 2"d Avenue and to 10'11" along the alley. This waiver will not adversely affect the neighboring area, significantly diminish the provision 0:1RISG006\Letter to Paul Dorling re Waiver Requests.March 20 2007.doc Mr. Paul Dorling March 20, 2007 Page 2 of 2 of public facilities, create an unsafe situation and/or result in a grant of a special privilege to our client. Due to the nature of urban infill projects, a sight visibility triangle of 20' along NE 2" Avenue is not necessary nor is it realistic. Safety is not compromised in this case because if measured from the travel way or thoroughfare and not the property line, the visibility requirement is more than satisfied. Moreover, the speed at which traffic travels on these urban streets is significantly slower than other areas. Similar waivers have been requested for other projects in the downtown area, including but not limited to Atlantic Shores and Atlantic Tradewinds. Similar circumstances on other properties would lead to the same conclusion and once again, have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7 (B)(5) Waiver Findings, can be made. II. Landscape Buffer This is a request for a waiver to LDR Section 4.6.16(H)(3)(d) to reduce the landscape buffer for this project from 5' to 1'-10" along a portion of the eastern property line. This waiverwill not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in a grant of a special privilege to our client. The unique size and location of the site impacts the ability to layout the improvements of the site. Therefore, it is not feasible to meet the required 5' landscape buffer along the entire east property line. In addition, adjacent to this eastern portion of the property is a one-way 16' alley, which abuts the rear of the adjacent structure. This alleyway is not heavily traveled, and the landscape buffer requirement is met along the remaining portion of the eastern. property line. Similar waivers were req~.lested for other projects in the area, including but not limited to The Mark..Similar circumstances on other properties would lead to the same conclusion and once again, have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7 (B)(5) Waiver Findings, can be made. Therefore, for the reasAns enumerated above, we respectfully request that the .above waivers be approved. Thank you very much for your assistance in this matter. Very truly you , . Mankoff :smr Enclosure O:\RISG0061Letter to Paul Dorling re Waiver Requests.March 20 2007.doc WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLE J. ARONSON May 21, 2007 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Additional Waiver Request for St. George Suites Our File No.: RISG006 Dear Paul: JASON S. MANKOFF KERRY D. SAFIER SHAYNA M. REITMAN Via Hand Delivery p c~~~a~~ MAY 2 ~ 2007 PLANNING & ZONING Q5-21-07' '' : ] 5 RCVD This letter is a waiver request pursuant to Section 2.4.7(6)(2) of the Delray Beach Laic Development Regulations ("LDR") involving the granting of relief from a specit•ic developrrtent regulation. Enclosed is one (1) check in the amount of One .Hundred Twenty Dollars ($120.00), payable to the City of Delray Beach, representing the cost of our request for a waiver to LDR Section 4.6:8. To support a waiver, LDR Section 2.4.7(6)(5) requires that the governing body make a finding that granting a waiver: (A) Shall not adversely affect the neighboring area; (B) Shall not significantly diminish the provision of public facilities; (C) Shall not create an unsafe situation; and (D) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. We meet or exceed the requirements of LDR Section 2.4.7(B)(5) for the waiver request. Thus, this waiver request should be approved based on the following: This is a request for a waiver to LDR Section 4.6.8 which allows the maximum illumination of 4 foot candles. Our waiver request is to allow a maximum illumination of 8.3 foot candles. This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in a grant of a special privilege to our client. Safety is not compromised in this case, in fact, the higher foot candles allow for a safer environment. It is also important to note that the average illumination in the parking garage is 4 foot candles. In addition, other jurisdictions such as Palm Beach County have much higher illumination levels for parking garages, as high as 10 foot candles in some instances. The lighting code for Palm Beach County has been enclosed for your convenience. Lastly, it has been brought to the O:\RISG0061Letter to Dorling re lighting waiver.May 21, 2007.doc Mr. Paul Dorling May 21, 2007 Page 2 of 2 City's attention by various members of SPRAB that the City lighting codes are relatively impossible to meet and does not serve its intended purpose. Additionally, it has been mentioned by various staff members that the lighting code for the City is being re-written. Consequently, a positive finding with respect to LDR Section 2.4.7 (B)(5) Waiver Findings, can be made. Therefore, for the reasons enumerated above, we respectfully request that the above waiver be approved. Thank you very much for your assistance in this matter. Very truly yours, Jason S. Mankoff JSM:aIv Enclosure Q:\RISG006\Letter to Dorling re lighting waiver.May 21, 2007.doc the nuisance. Such proceedings shall be cumulative and in addition to the penalties provided herein. b. Civil Action The generation of sound from any source not limited by this Code shall be considered a civil issue and addressed accordingly by law. C. Vibration 1. Non-Industrial Districts In all districts, except with an Industrial (IND) FLU designation, no use shall operate so as to produce ground vibration noticeable by a person of reasonable sensitivity at the property line. D. Smoke, Emissions and Particulate Matter 1. General Requirements No use or activity shall be operated except in full compliance with the standards controlling air pollution as provided in the laws of the State of Florida and the ordinances. [Ord. 2006-004] 2. Smoke In all districts, unless otherwise covered by a specific visible emission limiting standard by a FDEP Rule or County Ordinance, every use shall be operated so as to prevent the emission of smoke from any source whatever, the density of which is equal to or greater than that designated as Number 1 on the Ringlemann Chart, or the opacity of which is equal to or greater than twenty percent. For the purpose of grading the density of smoke, the Ringlemann Chart, as published and used by the United States Bureau of Mines, or Method 9, as published in Rule 62-296 F.A.C., is incorporated herein by reference. All measurements shall be at the point of emission. [Ord. 2006-004] 3. Dust and Particulate Every use shall be operated to prevent the emission into the air of dust or other solid particulate matter which may cause danger to land and the health of persons or animals at or beyond the lot tine of the premises on which the use is located, in accordance with Rule 62-296 F.A.C. [Ord. 2006-004] 4. Objectionable Odors No person shall cause, suffer, allow or commit the discharge of air pollutants which contribute to an objectionable odor in accordance with Rule 62-296 .320 (2) F.A.C. [Ord. 2006-004] 5. Toxic or Noxious Matter No use shall for any period of time, discharge across the boundaries of a lot on which it is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or general welfare, or cause injury or damage to persons, land, or the use of land, or render unclean the waters of the state to the extent of being harmful or inimical to the public health, or to animal or aquatic life, or to the use of such waters for domestic water supply, industrial purposes, recreation, or other legitimate and necessary uses. [Ord. 2006-004] E. Outdoor Lighting 1. Purpose and Intent It is the intent of this Section to preserve, .protect, and enhance the lawful nighttime use and enjoyment of any and all property through the use of appropriate lighting practices and systems. Such individual fixtures, luminaries and lighting systems are designed, constructed, and installed to: control glare and light trespass, minimize obtrusive light, eliminate the increase of lighting levels on competing sites, provide safe roadways for motorist, cyclists and pedestrians, conserve energy and resources while maintaining safety, security and productivity, and curtail the degradation of the nighttime visual environment. [Ord. 2005-041] 2. Applicability All outdoor lighting shall be subject to the requirements of Table 5.E.3.D - 13, Illumination Levels, and Table 5.E.3.D - 14, Maximum Permitted Luminaire Height, unless exempted or permitted to deviate as described herein. Lighting not specifically listed may be classified by the Zoning Director of PZB pursuant to Art. 1.B, Interpretation of the Code. In Addition to the standards in this Section, outdoor lighting shall be consistent with Article 14, Environmental Standards. [Ord. 2005-041] a. Conflict In the case of a conflict between this Section other provisions of this Code, or other applicable codes, the more strict regulation shall apply. [Ord. 2005-041] b. Non-conforming Lighting All luminaries that do not comply with the standards of this Section shall be subject to the limitations on expansion, maintenance, relocation, damage repair and renovations pursuant to Art. 1.F, Non-conformities. [Ord. 2005-041] c. Exemptions The following uses shall be exempt to the extent listed below: [Ord. 2005-041] Unified Land Development Code ArtiGe 5 -Supplementary Standards 01/07 Supplement No. 3 (Effective December 1, 2006) 44 of 68 1) Residential Single-family, townhouses, multi-family dwellings up to two units shall not be subject to the requirements of this Section. [Ord. 2005-041 ] 2) Street Lights Street lights in any public ROW that meet the requirements of the appropriate public utility. [Ord. 2005-041 ] 3) Temporary Lighting The temporary use of low wattage or low voltage fighting for public festivals, celebrations, and the observance of holidays are exempt from regulation except where they create a hazard or nuisance from glare. [Ord. 2005-041] d. Prohibited Outdoor Lighting The following types of outdoor lighting are prohibited in unincorporated PBC: [Ord. 2005-041] 1) Any light that creates glare observable within the normal range of vision onto a street or creates a safety hazard; [Ord. 2005-041] 2) Any light that resembles an authorized traffic sign, signal, or device, or that interferes with, misleads, or confuses vehicular traffic as determined by the Zoning Director or Traffic Director; [Ord. 2005-041] 3) Beacon or searchlights, except for temporary grand openings and special events, as limited by State of Florida or Federal law; [Ord. 2005-041] 4) Any drop lens fixtures; and [Ord. 2005-041] 5) Animated lighting, unless authorized under Art. 8, Signage. [Ord. 2005-041] e. Deviations Lighting may vary from this Section to the extent necessary to comply with the following: [Ord. 2005-041 ] 1) F.S. 655.962, related to ATM lighting; [Ord. 2005-041] 2) F.S. 812.173, related to Parking Lots for Convenience Businesses; [Ord. 2005-041] 3) Lighting on schools required by FBC Chapter 423 and 424, and the SDPBC Electrical Design Criteria; [Ord. 2005-041] 4) Airport Lighting regulated by State or Federal law; [Ord. 2005-041 ] 5) Lighting for obstructions to air navigation as provide in U.S. Department of Transportation, Federal Aviation Administration Advisory Circular 70/7460-1 K; [Ord. 2005-041] 6) Lights required on vehicles under state uniform traffic control statutes or for vessels under vessel safety statutes under F.S. 316 and 327; [Ord. 2005-041] 7) Lighting for public health required by F.S. 381; [Ord. 2005-041] 8) Electrical code statute requirements under state building code; [Ord. 2005-041] 9) F.S. 553.963 and F.S. 553.904, Efficiency and Energy Conservation Statutes under Building Code Standards; [Ord. 2005-041] 10) Lighting for outdoor theaters under F.S. 555.07; [Ord. 2005-041] 11) Lighting for communication towers under Art. 4.C.3.Q.2 of the ULDC; and [Ord. 2005-041] 12) Other federal, state and local laws and regulations that may apply. [Ord. 2005-041] 3. Submittal Requirements a. Photometric Plan All building permit applications that include the use of external luminaries, or luminaries visible from the exterior of a structure shall include an outdoor lighting plan and an outdoor security lighting plan showing location, type, and height of all luminaries, and photometrics in foot-candle output of all proposed and existing luminaries on-site. On-site lighting to be included in the calculations shall include, but is not limited to, lighting for parking lot, canopies, recessed lighting along the building and/or overhang. Each plan shall include any calculations or modifications required to comply with items listed in Art. 5.E.3.D.2.e, Deviations. The photometric plans shall include the following: [Ord. 2005-041] 1) A table showing the average, minimum, and maximum foot-candles, average to minimum ratio, and maximum to minimum ratio on the site, and maximum luminaire heights. Maximum photometric calculation grid shall not exceed ten feet. [Ord. 2005-041] 2) Manufacturer's catalog cuts that provide a description of the luminaries, including wattage, lumen output, glare reductionlcontrol devices, lamps, on-off cycle control devices and mounting devices. [Ord. 2005-041] 3) All photometric plans must be signed and sealed by a licensed engineer or architect. (Ord. 2005-041 ] Unified Land Development Code ArtiGe 5 -Supplementary Standards 01107 Supplement No. 3 (Effective December 1, 2006) 45 of 68 4) A Certificate of Compliance signed and sealed by a licensed engineer or architect must be submitted prior to the issuance of a Certificate of Occupancy. [Ord. 2005-041] 5) The photometric plan shall not include time averaging or other alternative methods of measurement. A Light Loss Factor (LLF) shall be used for the calculations in a photometric plan. The values of the LLF shall be a maximum value of 0.72 for Metal Halide and 0.81 for High Pressure Sodium based on manufacturers' initial lamp lumens. [Ord. 2005-041] 4. Standards a. Confinement All outdoor lighting shall be full cutoff luminaries. No luminaries shall be directed upwards to avoid urban sky glow. In the U/S Tier, accent and landscape luminaries not exceeding 100 watts with a maximum illumination of one-foot candle measured at 12 feet in height. [Ord. 2005-041] b. Light Trespass The maximum illumination at the property line of an adjoining residential parcel or public ROW is 0.33 horizontal and vertical foot-candles measured at six feet above grade level. Said illumination likewise measured at the property line of an adjoining non-residential parcel, shall not exceed 3.0 horizontal and vertical foot-candles measured at six feet above grade level. [Ord. 2005-041 ] c. Security Lighting and Time Restrictions 1) Full cutoff. luminaires shall be used for all security lighting and dusk-to-dawn area lighting. [Ord. 2005-041 ] 2) Outdoor illumination, including but not limited to, areas used for outdoor sales and display, eating, parking, assembly, service, storage of equipment and freight, loading and unloading, repair, maintenance, commercial activities, and industrial activities shall not continue after 11:00 P.M., or no more than one hour after active use of the area ceases, whichever is later, except for security lighting. [Ord. 2005-041] 3) Security lighting shall be required for all active entrances to buildings, parking lots and access to buildings or parking lots. All security lighting shall maintain an average of 1fc, a minimum of 0.5fc and a maximum of 3fc from dusk until dawn. [Ord. 2005-041] 4) No outdoor recreational facility shall be illuminated after 11:00 P.M. except to conclude a scheduled and sanctioned recreational or sporting event by PBC or other authorized agency in progress prior to 11:00 P.M. The luminaries shall be extinguished after outdoor recreational events are completed and the site has been vacated. [Ord. 2005-041] a) Exceptions Public recreational facilities such as boat ramps, fishing piers, or other similar facilities that operate or are open to the public on a 24 hour basis. [Ord. 2005-041] 5) Automatic timing devices that control the hours of illumination shall be required for all parking lots, car dealerships/outdoor. display lots and parking garages. These devices may remain on Eastern Standard Time throughout the year. [Ord. 2005-041] d. Illumination Levels Table 5.E.4.D - 15, Illumination Levels, indicates the minimum and maximum illumination levels for specific site elements, as well as the maximum to minimum, and average to minimum ratios. [Ord. 2005-041 ] This space intentionally left blank. Unified Land Development Code ArtiGe 5 -Supplementary Standards 01/07 Supplement No. 3 (Effective December 1, 2006) 46 of 68 Table 5.E.4.D-15 -Illumination Levels Outdoor Li htin Maximum: Illumination" 1 Minimum Illumination. ~ Max to Min Ratio Average to Min Ratio Buildin and Accesso Structures a. Accent, Pathway and Landsca a Li hGn 2 5.0 (5) - - - b. Canopies, Drive-thru and Overhan s 30.0 3.0 10:1 2.5:1 Parkin Lots a. Multi-famil Residential 3.0 0.3 10:1 ___ - b. All Others 12.0 1.0 12:1 3:1 Parkin Structures _ _ __ __ _ a. Parkin Area 10.0 1.0 10:1 4:1 b. Ram s - Da 20.0 2.0 10:1 - c. Ram s - Ni ht 10.0 1.0 10:1 - d. Entrance Area - Da 50.0 5.0 10:1 - e. Entrance Area - Ni ht 10.0 1.0 10:1 - f. Stairwa s 5.0 2.0 - - Pro t3ounda Refer to Li ht Tres ss 5 cialt Li htin 4 a. Golf Courses b. Outdoor Entertainment Per IESNA Lighting Handbook c. Parks 'Other t_i `htin ' T ' es a. Outdoor Display and Storage for vehiGe sales and rental. 15 (3) 1.0 15:1 4:1 b. Other Outdoor Display and Storage Areas. 20 1.0 15:1 4:1 c. Outdoor Work Areas 20 1.0 u =..=- 15:1 4:1 . Ord. 2005-041 Notes: 1. Measured in foot-candles. 2. Building or accessory mounted luminaries used to light parking lots shall comply with Parking Lot illumination levels. 3. May be increased to 20 foot-candles for the first row of display parking located adjacent, but not more than 100' from a ROW. 4. Applicable to outdoor recreation areas only, excluding areas such as parking lots, drive isles, pathways, building and landscape lighting. 5. Full shielded bollards not greater than 42 inches in height may be permitted u to 20 foot-candles. e. Luminaire Heights Table 5.E.4.D - 16, Maximum Permitted Luminaire Height, identifies the maximum height for any freestanding or structure mounted luminaires. This space intentionally left blank. Unified Land Development Code Article 5 -Supplementary Standards 01/07 Supplement No. 3 (Effective December 1, 2006) 47 of 68 Table 5.E.4.D-16 -Maximum Permitted Luminaire Height Maximum Hei__ h9 t LL Location UIS Tier. Rural, Exurbanand AGR Tiers Buitdin sand Accesso' Structures a. Buildings 25 feet or eave overhang, whichever is lower {unless required by the Florida Building Code b. Accesso Structures 10 feet 8 feet .Parkin Lot ~~ a. Residential 20 feet 15 feet b. Industrial 40 feet - c. Commercial, Civic and 30 feet, or equal to the height of the 25 feet Institutional building u to a maximum of 40 feet Parkin 'Structures a. Luminaires on top parking level. 20 feet or 15 feet 25 feet 4} Pro Bounda - a. Luminaires within 100 feet of 20 feet 15 feet residential 2 S cia Li htin 3 '~ a. Golf Courses b. Outdoor Entertainment Per IESNA Lighting Handbook c. Parks TJotes: - - - _ _ - _ 1. _ _ - For the purposes of this table, residential parcel shall inGude any residential use, or any vacant parcel with a residential FLU designation. [Ord. 2005-041] 2. The height of any lighting Luminaire within 100 feet of a parcel with a residential use or FLU designation shall be limited in accordance with the height IimitaGons for Property Boundary, Residential. [Ord. 2005-041] 3. Applicable to outdoor recreation areas only, excluding areas such as parking lots, drive isles, pathways, building and landscape lighting. [Ord. 2005-041j 4. Minimum setback shall be 45 feet from exterior edge of wall for all luminaries, except luminaries mounted to interior face of erimeter wall, which do not exceed the hei ht of the perimeter wall. Ord. 2005-041] f. Measurement 1) Illumination levels shall be measured in foot-candles with adirect-reading, calibrated, portable light meter. The light meter shall be placed not more than six inches above grade level. [Ord. 2005-041] 2} For the purpose of measuring light trespass, the light meter shall be placed at the property line of the subject parcel six feet above the grade level. [Ord. 2005-041] CHAPTER F LEGAL DOCUMENTS Any legal documents requiring PBC approval shall be reviewed prior to submission by a licensed attorney. This shall include documents required by Code or as a condition of any land use approval. For the purposes of the provisions, "legal documents" shall include, but not be limited to, the following types of documents: restrictive covenants, easements, agreements, access agreements, removal agreements, unity of control, and unity of title. Any document that follows exactly the language of aPBC-approved form is exempt from this requirement. Section 1 Maintenance and Use Documents A. Purpose and Intent This Chapter is established to ensure that adequate ownership and maintenance measures will be provided in residential and other developments to protect and perpetually maintain all common areas or other required areas (including improvements located upon or within the common areas) required pursuant to this Code or other applicable PBC ordinances or regulations. This Chapter is also established to ensure the continued availability and utility of the common areas for the residents or occupants of the development and to prevent such facilities or the need for such facilities from becoming an unnecessary burden or nuisance to the PBC or surrounding property. Nothing in this Chapter shall be construed as creating any obligation upon the PBC to maintain such common areas or their improvements or to otherwise ensure their availability and condition. Unified Land Development Code ArtiGe 5 -Supplementary Standards 01/07 Supplement No. 3 (Effective December 1, 2006) 48 of 68 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 13, 2007 AGENDA ITEM: Iv.A. ITEM: St. George Suites - Class V Site Plan, Landscape Plan and Architectural Elevation Approvals Associated with the Construction of a Four Story Building with Six Hotel Suites. +~ GENERAL DATA: Owner ........................ 321 NE 2nd Avenue, LLC Agent ............................ Weiner & Aronson, P.A. Location ........................ East side of Pineapple Grove Way (NE 2nd Avenue) and 410 feet south of NE 4th Street (321 Pineapple Grove Way). Property Size ................ 0.15 Acres Future Land Use Map... Commercial Core Current Zoning .............. CBD (Central Business District) Adjacent Zoning..North: CBD East: CBD-RC (Central Business District - Railroad Corridor) South: CBD West: CBD Existing Land Use......... Office and Residential Proposed Land Use...... Construction of four story building with six hotel suites. Water Service ............... Existing on site. Sewer Service ............... Existing on site. W 4 2 Z a z IV.A. -_~ ,~ ` ITEM BEFORE "THE BOARD The action before the Board is approval of a Class V site plan request for St. George Suites pursuant to LDR Section 2.4.5(F). The request involves the following elements: O Site Plan; O Architectural Elevations; O Landscape Plan; and O Waivers. The property is located on the east side of Pineapple Grove Way (NE 2"d Avenue) and 410 feet south of NE 4~' Street (321 Pineapple Grove Way). ~V, BACKGROUND" The property consists of Lot 9, Block 81 Town of Delray Beach subdivision and contains 0.15 acres. The property contains a 1,379 square foot office building and a residential dwelling unit. The action now before the Board is approval of the site plan. ~`~`~'~ PROJECT DESCRIPTION The development proposal incorporates the following: - Demolition of the existing office building and residential dwelling unit; - Construction of a four-story building that contains 6 hotel rooms; - The amenities of the hotel include a 1,465 square foot spa for the use of the hotel guests only and aroof-top swimming pool; - Construction of 10 parking spaces in the first floor of the hotel; and - Installation of associated landscaping. The development proposal includes waivers to the following sections of the Land Development Regulations: 1. LDR Section 4.6.8(B}(3)(c), which allows an illumination of up to 4 foot candles within the parking area. 2. LDR Section 4.6.14(A)(1), which requires a 20-foot visibility triangle at the intersection of an accessway and the public right-of-way line. 3. LDR Section 4.6.16(H)(3)(a), which requires a 5-foot perimeter landscape strip along the alley. ' SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 2 SITE PLAN ANALYSIS ~~ COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Front Building Setbacks: Pursuant to LDR [Land Development Regulation] Section 4.4.13(F)(4)(e)(3), lots of record with a width of 50 feet or less shall be exempt from the building frontage requirement, provided a minimum 5-foot to maximum 10-foot setback is provided for the portion of the building from finished grade to 25 feet in height, and a minimum 15-foot setback is provided above a height of 25 feet. The proposed 48-foot high building is located on a 50-foot wide platted lot. That portion of the proposed building up to 25 feet high has a setback of 6' 4" along the west (front) side of the property. That portion of the building above 25 feet has a setback of 17 feet. Therefore, the proposed building complies with the City's front setback requirements in the Central Business District (CBD). Side Interior Setback: Pursuant to LDR Section 4.4.13(F)(5)(a), the side interior setback is zero feet from the property line if there is vehicular access available to the rear of the structure. Given the alley access to the rear of the building, the proposed zero-foot side setbacks meet this requirement. Rear Building Setback: Pursuant to LDR Section 4.4.13(F)(7), all building floors must provide a minimum rear setback of 10 feet. The proposed development complies with the required rear yard setback, since a 10-foot setback is provided. Building Height: Pursuant to LDR Section 4.4.13(F)(1)(a), the overall height of buildings shall be a minimum of 25 feet and a maximum of 48 feet. The proposed hotel complies with the minimum/maximum height standard since the building is 48 feet high. Minimum Floor Height: Pursuant to LDR Section 4.4.13(F)(1)(c), hotels and motels must have a minimum floor height of 8 feet 6 inches for all floors, provided that the lobby and all public rooms shall have a minimum floor height of 10 feet. All heights. are measured from finished floor to finished ceiling. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempt from the floor height regulations. The proposed SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 3 development complies with the minimum floor height requirement since the minimum proposed floor height is 10 feet 6 inches. Open Space: Pursuant to LDR Section 4.4.13(F)(2), properties within the Pineapple Grove Main Street area are not required to provide open space. It is noted that the development provides an open space of 6.1 %, which equates to 406 square feet. Paving Materials: Pursuant to LDR Section 4.4.13(F)(4)(f)(1), the front setback area shall be finished with paving materials to match the existing sidewalks within the adjacent right-of-way. The proposed site plan indicates that the sidewalk on the west side of the building will be paver block to match the existing paver block sidewalk along Pineapple Grove Way. Thus, this requirement has been met. Minimum Floor Area: Pursuant to LDR Section 4.3.3(M)(1), each sleeping room shall contain a minimum floor area of 325 square feet including closets and baths. The following table demonstrates that the 6 hotel rooms comply with the City's minimum floor area requirement: `.Suite 1 'Suiee 2 ~uite 2A S,uite<3A Suite 3 Suite 4 1,513 sq. ft. ~ 1,200 sq. ft. ~ 505 sq. ft. 500 sq. ft. 1,638 sq. ft ~ 1,747 sq. ft. Parking Requirements: Pursuant to LDR Section 4.4.13(C)(7)(e), the parking required for hotels is 0.7 of a parking space per quest room and 10 spaces per 1,000 square feet of floor area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. Based on 6 guest rooms and the 550 square feet of lounge area, the proposed hotel is required to provide 10 parking spaces. The proposed hotel meets this regulation, since 10 parking spaces are provided on-site. It is noted that the applicant has indicated that the spa facility is for the guest of the hotel and will not be open to the public. Thus, the parking for this spa was not applied. A condition of approval is attached that spa is to be open to the guest of the hotel only unless parking for this use is addressed separately at a future date. WAIVER ANALYSIS This application has been presented with a request for three different waivers. The waivers involve lighting, sight visibility, and perimeter landscaping (perimeter landscape waiver analyzed under the Landscape Analysis section of this staff report). Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 4 (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Lighting: Pursuant to LDR Section 4.6.8(B)(3)(c), the maximum illumination for the parking area of the proposed development is 4 foot candles. The proposed photometric plan does not comply with these illumination standards since the proposed illumination is 8.3 foot candles. The applicant has submitted the following narrative in support of the waiver: "...We meet or exceed fhe requirements of LDR Section 2.4.7(B)(5) for the waiver request. Thus, this waiver request should be approved based on fhe following: This is a request for a waiver to LDR Section 4.6.8 which allows the maximum illumination of 4 foot candles. Our waiver request is to allow a maximum illumination of 8.3 foot candles. This waiver will not adversely affect the neighboring area, significantly diminish the. provision of public facilities, create an unsafe situation and/or result in a grant of a special privilege to our client. Safety is not compromised in this case, in fact, the higher foot candles allow for a safer environment. It is also important to note that the average illuminafion in the parking garage is 4 foot candles. In addition, other jurisdictions such as Palm Beach County have much higher illumination levels for parking garages, as high as 10 foot candles in some instances. The lighting code for Palm Beach County has been enclosed for your convenience. Lastly, it has been brought to the City's attention by various members of SPRAB that the City lighting codes are relatively impossible fo meet and does not serve its intended purpose. Additionally, it has been mentioned by various staff members thaf fhe lighting code for the City is being re- writfen. Consequently, a positive finding with respect fo LDR Section 2.4.7 (B)(5) Waiver Findings, can be made. Therefore, for the reasons enumerated above, we respectfully request that the above waiver be approved." Waiver Analysis: The proposed illumination increase to 8.3 foot candles is not a significant increase. The greatest concern to garage lighting increases is spillage onto adjacent properties and glare to passing motorists and pedestrians. The building elevations indicate that the light fixtures will be flush-mounted ceiling fixtures, which will be screened by the fascia of the garage entrance. This will restrict direct glare from the light fixtures causing a hazard/nuisance to passing motorists and adjacent property owners. It is noted that the subject property is located within the urbanized commercial core area of the City, which allows for the mixing of commercial and residential uses that typically coexist SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 5 harmoniously, despite issues that would cause conflict in a more suburban environment. The existing use to the east is multiple family residential and to the west is the approved Cannery Row residential project. The properties to the north and south are not a concern since they will be screened by the solid walls of the garage. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. Visibility at Intersections: Pursuant to LDR Section 4.6.14(A)(1), 20-foot visibility triangles are required at the intersection of a public right-of-way and a private driveway. The building encroaches into the visibility triangles on both sides of the drive aisle at the entrance from Pineapple Grove Way and the exit to the alley. The applicant has submitted the following narrative in support of the waiver: "This is a request for a waiver to LDR Section 4.6.14(A) to reduce the sight visibility triangles for this project from 20' to 9' 4"along NE 2"d Avenue and to 10'11 "along the alley. This waiver will not adversely affecf the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in a grant of a special privilege to our client. Due to the nature of urban infill projects, a sight visibility triangle of 20' along NE 2"d Avenue is not necessary nor is it realistic. Safety is not compromised in this case because if measured from the travel way or thoroughfare and not the property line, the visibility requirement is more than satisfied. Moreover, the speed at which fraffic travels on these urban streets is significantly slower than other areas. Similar waivers have been requested for other projects in the downtown area, including but not limited to Atlantic Shores and Atlantic Tradewinds. Similar circumstances on other properties would lead to the same conclusion and once again, have been granted. Consequently, a positive finding wifh respect to LDR Section 2.4.7 (B)(5) Waiver Findings, can be made." Waiver Analysis: The waiver to the visibility triangle along Pineapple Grove Way is not a concern since the driveway is a one-way aisle entrance, which exits onto the alley along the east side of the property. The proposed visibility triangle along the alley is approximately 10 feet. The reduction of this visibility triangle is supportable, in part, given the low traffic volumes and speeds along the alley and the low volume of vehicles that exit onto the alley. The approximate 10 feet of visibility will provide adequate sight visibility from the vantage point of the driver to safely exit the parking facility. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to building permit submittal unless otherwise noted: Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 (A), (B) and (D). Existing grades should be taken approximately 10 feet outside all subject property lines for all adjacent properties. SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 6 Survey shall provide sufficient information to determine historical drainage patterns. 2. The survey, site plan, landscaping plan and preliminary engineering plan shall be at the same scale per LDR Section 2.4.3 (B) (1 ). All plans shall be drawn on 24" x 36" sheets and at a scale of 1" = 10', 1" = 20' or 1" = 30', unless approved by the City Engineer prior to certification of the site plan. 3. Certification is required from a professional registered engineer stating that the property has adequate drainage to ensure that flooding will not occur in a 100- yearstorm event per LDR Section 7.1.3 (B} (2). 4. A minimum 10' general utility easement is to be provided through the property. 5. Provide a typical cross section from building to adjacent right-of--way or adjacent property at all property lines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades on adjacent property. 6. That the alley to be dedicated be paved and so noted on the plans prior to certification of the site plan. 7. That the fire rating of the third floor balcony is approved pursuant to the direction of the Building Official prior to certification of the site plan. ~_ ~'~~'`~ LANDSCAPE ANALYSIS The City Horticulturalist has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The proposed landscaping consists of Orange Geiger trees, Montgomery Palms, Florida Thatch Palms, and Alexander Palms. These areas will be underplanted with Podocarpus Maki, Cocoplum, Simpson Stopper, Spineless Yucca, Dredlocks Croton, Cold Mound, Dwarf India Hawthorn, Leea Coccinea "Rubra." ,.. r ~~ - WAIVER ANALYSI~S~`'` Perimeter Landscape Strip: Pursuant to LDR Section 4.6.16(H)(3)(a), a 5-foot landscape strip is required between the eastern-most angled parking space and the east property line and the proposed landscape strip is 1-foot 10 inches. The applicant has submitted the following narrative in support of the waiver: "...This waiver will not adversely affecf fhe neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in a granf of a special privilege fo our client. The unique size and location of the site impacts the ability to layout the improvements of the site. Therefore, it is not feasible to meet the required 5' landscape buffer SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 7 along the entire east property line. In addition, adjacent to fhis eastern portion of the property is a one-way 76' alley, which abuts the rear of the adjacent structure. This alleyway is not heavily traveled, and the landscape buffer requirement is met along the remaining portion of the eastern properfy line. Similar waivers were requested for other projects in the area, including but not limited to The Mark. Similar circumstances on other properties would lead to fhe same conclusion and once again, have been granted. Consequently, a positive finding wifh respecf to LDR Section 2.4.7 (B)(5) Waiver Findings, can be made. " Waiver Analysis: In an urbanized area, the reduction of the perimeter landscape strip along the alley will not substantially impact the aesthetic appearance of the project. It is noted that the angled parking space reduces the landscape strip to a point and that the remainder of this landscape strip exceeds the 5-foot minimum width (8 feet 9 inches). Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. ARCHITECTURAL ELEVATIONS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architectural style of the building is a contemporary interpretation of the art deco design that was popular in south Florida from the 1920s through the early 1940s. The west elevation (front) includes a decorative mosaic the around the garage entrance that includes cast stone and saucer basins with cascading water from wall spouts. The windows include muntins, fluted stucco recesses, and decorative concrete .cast balconies. The third floor includes a welded aluminum tube trellis with white fabric between the framing. The balconies of the fourth floor include 24" deep concrete brows. The front facade also includes a vertical architectural feature that includes small windows with raised stucco sills and an aluminum pole, which are strikingly reminiscent of the art deco period. The east elevation (rear) is a much more streamlined version of the front elevation. The balconies have horizontal stainless steel cables. The fourth floor balcony includes the aluminum trellis with white fabric that is provided on the front elevation. The side elevations (which are zero-lot line) include decorative concrete panels and fixed windows on the south elevation. The north elevation includes SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 8 recessed balconies with cable railings and French doors with vertical fluted side panels. The building will have a green base (Lehigh Green), gray (Stone) primary wall color on the lower portion of the building, and dark beige (Clarksville Grey) primary wall color on the upper portion of the building. REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 (A) -Future Land Use Map: The subject property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD (Central Business District). The CBD zoning district is consistent with the (CC) Future Land Use Map designation. Pursuant to LDR Section 4.4.13(B)(5), hotels are allowed as a principal use in the CBD zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) -Concurrency: As described in Appendix A, a positive finding of Concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) -Consistency (Standards for Site Plan Actions): As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 9 complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The development consists of the demolition of the existing commercial and residential buildings and construction of a six-unit hotel. The four-story hotel is a typical urban infill development that is consistent with the current development pattern of the urban core area. Section 2.4.5 (F)(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north, south, and west by CBD zoning and CBD- RC (Central Business District -Railroad Corridor) to the east. The surrounding uses are amixed-use development to the north, commercial to the south, multiple family residential to the east, and the approved Cannery Row townhouse project to the west. The proposed hotel will aid in bringing visitors to area businesses and will significantly enhance the aesthetics of the subject property together with the neighborhood. ~'~`~ REVIEW BY OTHERS Pineapple Grove Main Street Design Committee: At its meeting of May 2, 2007, the Pineapple Grove Main Street Committee recommended approval of the project. Community Redevelopment Agency (CRA): At its meeting of May 10, 2007, the CRA reviewed the site plan request and recommended approval. Downtown Development Authority: At its meeting of May 14, 2007, the DDA unanimously recommended approval of the project. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: - Progressive Residents of Delray - Presidents Council - Chamber of Commerce - Neighborhood Advisory Council - Del-Ida SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 10 Any letters of support or objection will be presented at the SPRAB meeting. ASSESSMENT AND CONCLUSION The proposed infill development will provide a minor source of a year-round customer base for nearby businesses. The building will be a significant aesthetic enhancement to the neighborhood and will be an asset to the community. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. j`~''~ ALTERNATIV`E- ACTI'0NS A. Postpone with direction. B. Move approval of the request for waivers, Class V site plan, landscape plan, and architectural elevations for St. George Suites, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), 2.4.7(6)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers, Class V site plan, landscape plan, and architectural elevations for St. George Suites, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), 2.4.7(8)(5), and Chapter 3 of the Land Development Regulations. `~~ `~ ~ STAFF RE~COMM'ENDA"T14N By Separate Motions: Waivers: 1. Recommend to the City Commission approval of a waiver to LDR Section 4.6.8(B)(3)(c), which requires a maximum illumination 4 foot candles within the parking area based on positive findings with LDR Section 2.4.7(8)(5). 2. Recommend to the City Commission approval of a waiver to LDR Section LDR Section 4.6.14(A)(1), which requires a 20-foot visibility triangle at the intersection of an accessway and the public right-of-way line based on positive findings with LDR Section 2.4.7(8)(5). 3. Recommend to the City Commission approval of a waiver to LDR Section 4.6.16(H)(3)(a), which requires a 5-foot perimeter landscape strip along the alley based on positive findings with LDR Section 2.4:7(6)(5}. SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 11 Site Plan: Approve the request for a Class V site plan for St. George Suites, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans. 2. That the spa is to be open to the guest of the hotel only until such time as separate approval is granted for a commercial (open to the public) spa, and that this be clearly noted on the plan. 3. Granting by City Commission of the requested waivers, with specific notations on the revised plans to state the waivers requested and date granted. Landscape Plan: Approve the landscape plan for St. George Suites based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the condition that all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. Elevations: Approve the proposed elevations for St. George Suites based on positive findings with respect to LDR Section 4.6.18(E). Attachments: • Appendix A • Appendix B • Site Plan • Architectural Elevations • Landscape Plan Report prepared by: Scott D. Pape, AICP, Senior Planner SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 12 V:, APPENDIX 'b CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ^ The property is currently served by a lateral connection to a 6" water main along Pineapple Grove Way. ^ Adequate fire suppression will be provided via an existing fire hydrant located on the east side of Pineapple Grove Way, approximately 32 feet north of the subject property. ^ Sewer service is currently provided via lateral connection to an existing 8" sewer main along the Pineapple Grove Way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: A traffic statement has been submitted that indicates that the hotel will generate a net increase of 21 average daily trips and 2 new p.m. and a.m. peak hour trips. It is noted that the property is located in the City's Traffic Concurrency Exemption Area. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The 6 additional rooms will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2(C), Impact Fee Required, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, a impact fee of $500.00 per dwelling unit (including hotel rooms) will be collected prior to issuance of building permits for each unit. Thus, an impact fee of $2,500 will be required of this development. Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 7.2 pounds per day per capita for the life of the existing landfill (approximately 2021). Based upon the Solid Waste Authority's trash generation rates, trash generated each year by the proposed 13,691 sq. ft. hotel will be approximately 32.17 tons [13,691 sq.ft. x 4.7 SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 13 lbs. = 64,347.70 Ibs/2,000 = 32.17 tons]. Since the total trash generated by this proposal can be accommodated by existing landfill facilities, a positive finding with respect to this level of service standard can be made. School Concurrence: The proposed 6 hotel development does not have an impact on the public school system as this standard does not apply to non-residential/commercial uses. SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 14 STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscaping for St. George Suites Page 15 Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 321 PINEAPPLE GROVE WAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on July 10, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 321 Pineapple Grove Way. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: A. Lighting: Pursuant to LDR Section 4.6.8(B)(3)(c), the maximum allowed illumination for the parking garage of the development is 4 foot candles. The proposed photometric plan exceeds these illumination standards with a proposed maximum illumination of 8.3 foot candles. The applicant is seeking relief from that requirement via this waiver request. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.6.8(B)(3)(c) comply with the requirements of 2.4.7(8)(5)? Yes No B. Visibility at Intersections: Pursuant to LDR Section 4.6.14(A)(1), 20-foot visibility triangles are required at the intersection of a public right-of-way and a private driveway. The building encroaches into the visibility triangles on both sides of the drive aisle at the entrance from Pineapple Grove Way and the exit to the alley. 1 Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; 'and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.6.14(A)(1) comply with the requirements of 2.4.7(8)(5)? Yes No C. Perimeter Landscape Strip: Pursuant to LDR Section 4.6.16(H)(3)(a), a 5-foot landscape strip is required between the eastern-most angled parking space and the east property line and the proposed landscape strip is 1-foot 10 inches. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.6.16(H)(3)(a) comply with the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 2 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Sections 4.6.8(B)(3)(c), 4.6.14{A)(1), and 4.6.16(H)(3)(a). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 10th day of July, 2007, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, DIRECTOR OF COMNiCTNITY IlVIPROVEMENT THROUGH: CITY MANAGER DATE: JULY 5, 2007 G~ R SUBJECT: AGENDA ITEM # `• .!~ -REGULAR MEETING OF JULY 10, 2007 REQUEST FOR WAIVER TO SIGN CODE -NEW URBAN COMMUNITIES ITEM BEFORE COMMISSION City Commission consideration of a waiver to Section 4.6.7(Jx2) of the Land Development Regulations (LDR's) governing off-premise signs, pursuant to the request by Tim Hernandez, owner of New Urban Communities and the developer of the CODA Project, located in the 100 block of SW 1st and SW 2nd Avenues. BACKGROUND CODA is a mixed-use development under construction one block south of W. Atlantic Avenue. The agent for the development is requesting approval to place temporary, free-standing signs at the corners on W. Atlantic Ave. and SW lst and SW 2nd Avenues. Section 4.6.7(J)(2) states that signs placed on property other than the location that is advertised, is considered anoff-premise sign and therefore, prohibited. Mr. Hernandez states that the CODA Project is the first new development in the SW neighborhood, approved under the workforce ordinance. They are struggling to generate awareness since the construction activity to the Courthouse expansion is a deterrent to traffic in the immediate vicinity. He is seeking approval to allow the signs to be erected for a temporary time period as recommended by staff. The proposed signs are 5.7ft. high, two-sided and non-illuminating. The signs will have a color graphic with copy reading, "CODA, Townhomes, Lofts & Office Space, New Urban Communities", with an arrow pointing down the street. Section 2.4.7(Bx5) of the Land Development Regulations allows the City Commission to grant waivers to this code, which governs signs, providing the Commission shall make a finding of fact based on one of the following: • The granting of a waiver shall not adversely affect the neighboring area, • Shall not significantly diminish the provision of public facilities, • Shall not create an unsafe situation, and • Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. RECOMMENDATION Staff recommends approval of the waiver to Section 4.6.7(Jx2) because of the impact of the County Courthouse expansion project to the azea to erect one (1) temporary sign fora 90-day period at the corner of SW 1~ Street and Atlantic Avenue, based on the fmding pursuant to Section 2.4.7(B)(5) that such approval will not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR THE CODA PROJECT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on July 10, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Coda project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.6.7(J)(2) provides that signs placed on property other than the location that is advertised, is considered an off-premise sign, and therefore, prohibited. The Applicant has requested a waiver from this requirement. Pursuant to LDR Section 2.4.7(8)(5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request meet all the requirements of 2.4.7(8){5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 1 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request #o LDR Section 4.6.7(J)(Z). 6. Based on the entire record befiore it, the City Commission hereby adopts this Order this 10th day of July, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Vice Mayor Chevelte Nubin, City Clerk 2 ,!~ New Urban~~~~ommunities ~;. May 23, 2007 Ms. Lula Butler, Director of Community Improvement City of Delray Beach 100 N W I'' Avenue Delray Beach, FL 33444 Rc: Coda Temporary Signagc llcar Lula: Ncw Urban CominLUlities requests a waiver to allow temporary offsite signagc advertising our Coda development. The offsitc sigage woilld ideally be located in the l00 block oi~SW l~` and ~°`~ Avenues, as close as possible to Atlantic Avenue, on the I,ibr~u-y property ancUor Public Parking Garage and [,ot. As you know, Coda is the first new development in the Southwest Neighborhood in many years, and it contains six workforce housing units. We have been struggling to generate awareness of Coda because of our location one block south of Atlantic behind the new parking deck and the Courthouse. The construction activity related to the Courthouse t;XpanSlon also is a detel'rent t0 tral~]C 111 the lllllll(:(llate Vlellllty. Anything the City can do to accommodate this request is greatly appreciated. We promise to work with staff to create a tasteful design. 'hhallk you for your time and cooperation. Should you have any other questions or require any additional ilrformation, please; do not hesitate to contact me at SG 1-279-8706 or 954- 610-7400. Sincerely, __-- Ncw Urban Con nunities _. _.. `~ h- _ _ Tllll~' CI'IlilndC'!. hrlllClpal __~ C: 1<cvin E. Rickard 39F3 NE 6th Avenue, Delray Beach, Flo~~icla 33483 tel 561.279.8706 • fax 561.272_.3951 • www.nc:wurbancomrl~unitics.corn ",}... ~: ~i~; i~,.l~ i 1 i ~ .. ~' ~ . ,..... 1: ~~,..~...~....~..,..~_._ ....y._~.... New UrbanCommunities O CU M H ~ . s ~. ~ S 3 - a ~ o • ~ 3 ~ O .. ~' ~ ~ _ ~ V ~ N .~ V! ~ ~" ~ y- ~ 2 0 O v .. .o ~• N ~--. O c H 00 ~t H .~ H ~. N N V U ~:.~_ .-+- 0 u ! 8'b ~ s ~ ~ ; H 3 3 H L ~ ~ H ~ !Z ; . . M '~ ~"~ ~ ~ O ~ 0 ~ ~ ~ '~ 3 - a ~ ~ o ~ ~ ~ N _ ~ ~ ~ ' .y ~ ~ ~ ~ ~ Q = •~ ~ y V ~ _ o cll v ~= v's C N E "c o E U o , .~ ~ ~ , c ro C ~ ~ a~ 3 ~ z ,~; u ~ 8l' 89 Memo To: City Commission From: City Manager CC: Date: July 6, 2007 Re: Pioneer Boys Association Lease Several months ago Rep. Richard Machek approached the City on behalf of the Pioneer Boys Association, requesting relief from the insurance requirements in the subject lease, a copy of which is attached. Due to the drastic increases in the cost of insurance it has become very difficult for the Association to raise the funds to pay insurance premiums each year. In addition, since the attached lease was entered into, the City has now developed the surrounding park property so that it is not longer appropriate to lease the entire parcel to the Association. Furthermore, if an insurance requirement is kept in the lease, the Association should not be required to provide insurance coverage for what is now active park property to which the entire community is invited. The Association has offered to give the building to the City, but we would then become fully responsible for maintenance of the building, and the City Attorney believes the Association should still provide liability insurance with the City as an additional insured. I must point out that we have a lease with the Woman's Club which does not require them to provide any insurance coverage. In fact, we provide the Woman's Club with liability insurance. (See paragraph 7 of the attached lease.) To be sure, the Woman's Club is in a different situation since we are now in fact the primary users of their building. Recommendation: I recommend that our lease with the Pioneer Boys Association be revised by changing the description of the leased property to only that property which is directly under the Boy Scout Hut, and that paragraph 7 be revised to require only the participants insurance as provided through the national Boy Scouts of America. I acknowledge that it is difficult for me to be objective in this matter since I have been involved in the Boy Scout program for many years, and currently serve as the Vice-president for Administration for the Gulf Stream Council. 9 . C,. RECEIVED CEP Z ~ 2 2006 [li4 OF UELR114 BEiI[H CITY ATTORNEY'S OFFICE DELRAY BEACH F l 0 0. 1 0 All-America City ' 'DATE: 1993 T~' 2001 -G~TY ~+,AANAGER 200 NW 1st AVENUE •DELRAY BEACH, FLORIDA 33444 • TELEPHONE: 561/243-7090 • FACSIMILE: 561/278-4755 MEMORANDUM September 21, 2006 David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Boy Scout Lease Writer's Direct Line: 561/243-7091 The Boy Scout Lease is attached for your information. Currently, the Boy Scouts own the building. If the Lease is terminated, the Lease provides that the buildings are required to be removed and the City is to provide other land and pay the costs of removal or replacement. If we are going to change the Agreement so that the City owns the building, then the Lease should be modified. The Boy Scouts can issue the City a Bill of Sale for the building with the consideration to be continued use for a period of time and perhaps use by others, when the Boy Scouts aren't using the facility. I would assume that if the Lease was modified to have the City own the building, that the City would pay for property insurance and undertake building maintenance. While the City would maintain property insurance, we would generally require them to obtain General Liability Insurance, naming the City as additional insured. Please call me if you desire any changes. ttac ment 9' I • ~ I LEASE AGREEMENT FOR SCOUT HUT ~ THIS LEASE, made this 7 day of (~~ , .9J~. , by and between the CITY OF DELRAY BEACH, a municipal corporation in Palm Beach County, Florida, party of the first part, and hereinafter called Lessor, and PIONEER BOYS ASSOCIATION, INC., anon-profit corporation, parry of the second part, and hereinafter called the Lessee. WITNESSETH: WHEREAS, the Lessor had previously entered into a lease with the Lessee for the lease of the subject property for the purpose of conducting Scout activities; and WHEREAS, Lessee at one time ceased to exist as an incorporated entity and Lessor consequently terminated previous Lease; and WHEREAS, Lessee has reincorporated and now seeks to enter into this Lease Agreement in order to continue providing for Scout activities on the subject property; and WHEREAS, the City Commission of Dekay Beach has determined that such use of the subject property is an appropriate use. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) this day paid by Lessee to the Lessor, and in further consideration of the covenants herein contained on the part of the said Lessee to be kept and performed, the said Lessor does hereby lease to the said Lessee, the following described property in Palm Beach County, Florida. That part of the Southeast %z of .Lot 5 in Section 8, Township 46 South, Range 43 East, lying Northeast of Lake Ida Road, Dekay Beach, Florida. 1. Incorporation of recitals. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term. This lease shall be for a term of twenty-five years from this date, and the Lessee shall pay an annual rental of One. Dollar ($1.00) on each anniversary of this lease. 3. Purpose. This lease is made by the Lessor solely for the purpose of enabling the Lessee to conduct Scout activities, and to erect or, maintain, or both, a building or buildings to be used in furtherance of said purposes. In the event that this property should ever be used for any other purpose, then this Lease may be declazed terminated by the Lessor by giving Lessee ninety (90) days notice of termination. This Lease may be declared terminated by the Lessor in the event said Lessee at any time ceases to exist and operate as the Pioneer Boys Association, Inc. In the event the lease is terminated under this pazagraph, the Lessee shall have the right to remove any buildings placed thereon. Lessee shall then restore the property to a condition that is substantially similaz to its original condition prior to the execution of the original lease with Pioneer Boys Association, Inc. 4. Termination of Lease. It is mutually understood and agreed by the parties hereto, that the Lessor may terminate this lease at any time, upon a determination by the City Commission that such action is for the best interests of the citizens of Delray Beach. Termination shall be effected by giving Lessee notice of its intention to terminate sixty (60) days prior to the date of termination, with the understanding that upon the termination date any buildings will be completely removed from the premises and the 2 premises be vacated. If the Lease is ternunated in the manner provided for in this paragraph, the Lessor hereby agrees to provide other land for the relocation of said building, and will pay for the costs of removal or the cost of replacement whichever is less. 5. Improper Use. The Lessee covenants that it will make no unlawful, improper or offensive use of the said premises, that it will not assign this lease or sublet any part of the said premises without the written consent of the Lessor, that it will use said premises only for the purposes set forth above. 6. Use by Scout Troops. Lessee shall allow the subject property to be used by Scout troops located within the City of Delray Beach for meeting, storage, and other purposes determined to be appropriate by Lessee, so long as no such activities shall be outside the scope of the purpose of this Lease as set forth in paragraph 3 or shall constitute an improper use as set forth in paragraph 5. a. Meetings. Lessee shall create a scheduling sheet which shall list each calendar day in a given month. Lessee shall require Scout troops who wish to use the subject property to sign the scheduling sheet one week in advance for the day and time in which they propose to use the property. If a particulaz day and time has already been signed for by a troop, the second troop must select a different time or date. b. Stora e. Lessee shall make all reasonable efforts to accommodate the storage needs of other troops wishing to use the subject property. c. Disputes. This paragraph applies if a scheduling or other dispute arises between two or more troops wishing to use the subject property. Lessee 3 shall use good faith to resolve any disputes which arise between two or more troops regarding use of the subject property. Lessee shall not give preferential treatment to any troop or faction of troops, nor shall Lessee disfavor any troop or faction of troops, and Lessee shall use all reasonable means to allocate the resources of the .subject property in an objective and even-handed manner. Lessor may terminate this Lease if Lessor has any reason to believe that Lessee has given preferential treatment to a scout troop or faction of scout troops or has disfavored any troop or faction of troops. 7. Liability Insurance. The Lessee will carry liability insurance upon said leased property for the benefit and protection of Lessor, in the amount of $500,000 CSL (Combined Single Limit of Liability). Such insurance is to be with an insurer acceptable to the Lessor. The acceptable form of insurance must be on a form no more restrictive than the latest edition of the Comprehensive General Liability policy filed by the Insurance Services office. a. Comprehensive General Liability i. Minimum limits of $500,000 per occurrence combined single limit for bodily injury liability and property damage liability. ii. Premises and/or Operations iii. Independent Contractors iv. Products and/or Completed Operations v. Contractual Liability b. Certificate of Insurance To be provided by Lessee as evidence of insurance in force. Such certificate shall be filed with the City's Risk Management Department. 4 such certificate shall provide evidence that the Lessor is named as additional insured. The certificate shall provide for athirty-day (30) cancellation notice to the Lessor. S. Reen It is hereby covenanted and agreed that if the Lessee shall violate any of the covenants of this lease that the Lessor shall be entitled to re-enter and retake possession of the above described premises upon giving ninety (90) days notice to the Lessee as set forth above. 9. Maintenance. The Lessee covenants and agrees that it will maintain the property in a clean and orderly condition. 10. Indemnification. The Lessee shall indemnify, defend and hold harmless the Lessor, its officers, agents and employees from all suits, actions, claims and liability arising out of the acts or omissions of Lessee or its agents, employees, invitees, or any other person related in any manner to Lessee. 11. Entire Agreement. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 12. Assignment or Transfer. This Agreement may not be assigned or transferred by the Lessee in whole or part without the written consent of the Lessor. 13. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 14. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal 5 representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. IN WITNESS WHEREOF, the Lessor has caused this lease to be executed by its Mayor and attested by the City clerk and the City Seal to be affixed thereto on the day and year first above written, and the Lessee has executed this lease on the day and year first above written. ATT~ EST: 4~~~Z1,~12Y.Qr . City Clerk CITY OF D Y RIDA By: Approved as to Legal Form: ~. Ci rney WITNESSES: ~~ ~ ~ .~~.f1~R 1~ ~r~~ne,~ (Print r Type Name) ~~~ (Print or T e Name) PIONEER BOYS ASSOCIATION, INC. l• STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing ins t ru ment was acknowledged before me this ~ 4 day of ~~~~ } ~ ~ , 19~ by 1 r ! t ~ ~'/-Ib~j ,who is personally known to me as identification. Signature of Notary Public -State of Florida Pioneer lease.agtdoc WANDA D. MACNEK • MY COMMISSION / CC 482464 ~~.-,~~;~' D(PtRES: August 2,1999 f,Cc. • Bonded Tlw Nosy Pik B 7 e RESTATED AND MUTUAL LEASE THIS .RESTATED AND MUTUAL LEASE is made .this d0 ~. day of 2001, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the City/Lessor) and the WOMAN'S -CLUB OF DELRAY BEACH, FLORIDA, anon-profit corporation under the Laws of the St~te_o#_F_lor_ida_(the___ Woman's ClublLessee). WITNESSETH: WHEREAS, the City acquired property in 1926 with the privilege of Leasing any or all of the property to the Woman's Club with the provision that the land shall continue to be .known as Currie Memorial Park, .for the purpose of erecting and maintaining a .club building and park, with no part thereof to be used for business or commercial. purposes; and, WHf REAS, the City and Woman's Club entered into a tease dated August 24, 1948 for 99 years; arid, WHEREAS, fhe Woman's Club, constructed a club building on the Leased Premises; and, WHEREAS, the Lease was amended February 22, 1965 reducing-the size of the leased. area and thus lessening maintenance responsibilities of the Woman's CFub; and, WHEREAS, the City and the Woman's Club, desire to enter into this Restated and Mutual Lease; and, `~ ~._ WHEREAS, the Lease provides that the City shall maintain the entire property including the Woman's Club building on the Leased Premises; and, WHEREAS, the Woman's Club agrees to Lease to the City, the Woman's Club building for the purposes set forth herein; and, WHEREAS, the Woman's Club Lease to the City does not preclude the Woman's Club from also using the property and building as herein provided; and, WHEREAS, the advantages are that all responsibilities of the Woman's Club under the previous Lease, of whatsoever kind are eliminated; and, WH~E'REAS, the City gains a facility to be used by the community. NOW, THEREFORE, the parties hereto for the promises and covenants Herein contained and ofher good and valuable consideration, the sufficiency of which is hereby acknowledged state as follows: 1. Recitals. The Recitals set forth above are incorporated as if fully set forth herein. 2. -Legal Description of leased Premises. The .legal description of the Leased Premises is, "that certain tract of land shown on the plat of Oceola Park, as recorded in the Public Records of Palm Beach County, Florida and marked, "Baseball Field", the same being .bounded on the East by Federal Highway, on the West by Dixie Highway, on the North by a 20 foot alley and on the South by a 20 foot alley. The property includes all the above property, less the East 140 feet thereof and includes all improvements therein including the building known as the Woman's Club of Delray Beach (hereinafter referred to as, "the Leased Premises") 2 3. Term. This Lease shall be from 99 years from August 24, 1948, as contained in the original Lease and Amendment-thereto. 4. Use of Premises. The City Leases to the Woman's Club the .land described in Paragraph 2. The Woman's Club shall have -and retain- full use of the Leased Premises and the building contained thereon for the purpose of conducting a "club" known as the Woman's Club of Delray Beach. The Woman's Club shall lease to the City as Co-Lease, the Leased Premises and building situated thereon. The City shall also have full use of the Leased Premises for use as a.youth center, community meeting place and center and public park except -that the Woman's Club hall re#a'in exclusive use of the "boardroom". The "boardroom" shall remain locked. The Woman's Club shall have fast priority of use and may utilize the Leased for Woman's Club purposes and for activities ancillary to the activities of the Woman's Club- itself, but not for any commercial purpose (hereinafter referred to as Woman's Club Purposes). The Woman's Club shall submit by November 1st of each year, the dates the Woman's Club desires to use the facility for Woman's Club purposes, -until October 31st of the next year and each year thereafter. The City shall not use the. Leased Premises on the dates and/or times reserved by the Woman's Club, unless the Woman's Club allows joint use on the-same day and/or time. 1f the Woman's Club desires to use the Leased Premises in addition to the dates and/or times previously submitted for Woman's Club Purposes, the City, to the extent reasonably possible, will accommodate the Woman's Club's request. The Woman's. Club shall endeavor to give thirty (30) days prior notice of its desire to use the Leased Premises on dates and/or times other than provided in 3 the annual list. Neither party may use the Leased Premises for business or commercial purposes. 5. Consideration; Maintenance. The City is extremely appreciative of the Woman's Club's willingness to permit the City to develop a youth center, community meeting and center, and public park. In consideration of the generosity of spirit of the Woman's Club, the City hereby agrees to assume total maintenance of the entire Leased Premises and all structures thereon, eliminating entirely all the Woman's Club's maintenance responsibilities and further eliminating the Woman's Club's .need to raise money by leasing, subleasing or licensing the facility in order to raise funds. to. maintain the Leased Premises. The City shall set up and take down available tables and chairs sufficient for 20 people for the Woman's Club's eight monthly meetings and at other times as the Woman's Club may in advance request. The City. shall pay the Woman's Club $3,800.00 per year to facilitate the Woman's Club's payment of its organizational commitments, to be paid on the commencement of this lease- and on the same date each year thereafter, as adjusted by the CPI Index. 6. Utilities. The City shall pay and be responsible for all utilities. 7. Insurance. The City shall insure the property as part of its insurance program and shall provide comprehensive general liability insurance naming the Woman's Club as an additional insured. 8. Janitorial Services. The City shall provide for all Janitorial Services, and shall make sure that the Woman's Club building is clean and neat prior to Woman's Club's use of the premises. 4 9. Improvements. The City shall be responsible for making or adding improvements, none of which shall be contrary to the deed restrictions and shall not interfere with the long-term use by the Woman's Club. If any short term interference may be occasioned by adding improvements .constructed at the direction of the City, the City shall give the Woman's Club thirty (30) days advance notice thereof and .shall lessen the impact of any interruption to the Woman's Club to every, extent possible. The City shall not erect permanent partitions in the existing Woman's Club building. 10. Improper Us.e. The City and Woman's Club covenant and agree that they will not make any unlawful, improper use of the premises. 11. Entire Lease: The City and the Woman's Club desire to substitute this Restated and Mutual Lease for the original Lease and subsequent Amendment, The terms and provisions of this Restated and Mutual Lease shall supercede all previous Leases -and Amendments. ATT'E ~ ,: B~ Cityt Clerk p~arsa~te2t~as ~to Forrr,;~~ Attorney CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor WOMAN'S CLUB OF DELRAY BEACH President ATTEST: ^,,~. ~ 1 Secretary 5 _\ STATE OF Flhr;coo COUNTY OF ~ In-, 13eor1-~ The foregoing instrument was acknowledged before me this ~0~~'day of mArc~ , 2001 by I/; c ~ri a Ike Hanson Pies ~ C~ei1 ~' r of r~ or-n an ~ s .:.~ u b ~ a ~ / or. r o~:. a- corporation, on behalf of the corporation. ~k#e/She is personally known to me/e~-bras Signature f Notary Pub' ~'~~ ~4 CATHERINE INGLESE 7@V. ~/6/~'I ~' (1 0011A/s0lOM MUM6FJ1 CC754685 ~° w ~ ~+pES ' OF F~~ JULY 22,2062 6 CITY ATTORNEY'S OFFICE [IT4 OF dELRp4 BEA[H 1 q~3 DATE: TO: FROM: 200 NW Ist AVENUE • DELRAI' BEACH, FLORIDA 33444 TELEPHOKE 561,'243-7090 • FACSIb91LE 56]!276-455 MEMORANDUM March 8, 2001 City Comnussion Susan A: -Ruby, City Attorney Writer's Direct Line: 561/243-7091 SUBJECT: .Woman's Club Amended and Restated Lease The Woman's Club has approved the attached Amended and Restated Lease for the joint use of the Woman's Club, as a Woman's Club, a youth center, community meeting place and publicpark. The essential terms of the Lease are: • The lease term remains-the sa>!ne. (The lease expires in 2047) • The.. Woman's Club shall have first priority use for Woman's Club purposes as set forth in the yearly list provided by the Woman's Club. • The City will use the facility as a youth center, community meeting place and public park. • The City will provide all maintenance at its sole expense. • The .City will. set up and take down available tables and chairs for woman's club. functions. • The Woman's Club will have exclusive use of the "boardroom". The boardroom will remain .locked. • The City will pay all utilities. • The City will: provide janitorial services and make sure that the building is neat and clean for Woman's Club activities. • The City will provide insurance and- name the Woman's' Club as an additional insured. • The City will pay the Woman's' Club $3,500 per year as adjusted by the CPI Index. a~ 5 ti 6"'~ ~ 9~ r Cit)+ COI13n11SSlOn March 8, 2001 Page 2 By copy of this memo to David Harden, City Manager, our office requests that the attached Amended and Restated Lease be placed on the March 20, 2001- City Commission agenda for approval. SAR:ci cc: David Harden, City Manager • Barbara Garito, Acting City Clerk Lu1a Butler, Director of Community.Improvement Chief Richaxd Overman, Delray Beach Police Department Robert A. Barcnski, Assistant -City Manager Cathy Kozol, Police Legal Advisor MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: JUNE 29, 2007 SUBJECT: AGENDA ITEM # -I . ~ -REGULAR MEETING OF JULY 10, 2007 SPECIAL EVENT REQUEST - SPADY LIVING HERITAGE DAY ITEM BEFORE COMMISSION City Commission is requested to endorse the 2nd Annual Spady Heritage Day to be held on September 22, 2007 from 10:00 a.m. to 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of NW 5`" Avenue from Martin Luther King Blvd to NW 1St Street, to authorize staff support for security, clean up, barricading, to authorize set up and use of the new large mobile stage and to approve event signage. BACKGROUND Attached are an event permit, site plan and. budget received from Ms. Daisy Fulton for this event. Staff support has been requested for security, clean up, barricading, stage use and signage. Although EMS support was requested as well, the Fire Department staff does not feel that it is needed for this event. The event sponsor will be responsible for event management, vendor approval and entertainment. Total estimated overtime costs for this event are $1,520 for barricading, stage rental cost is $1,597.50 and signage costs are estimated at $250 for a total cost of $3,367.50. Per Event Policies and Procedures, there is no charge for City overtime and signage costs, but our policy for rental of the new stage is that all users will pay this cost. If not waived by Commission, the stage rental cost will be $1,597.50. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the closure of NW 5~' Avenue, staff support for security, cleanup, barricading, stage use and event signage to be put up no earlier than ten (10) days prior to the event contingent on the receipt of a Certificate of Liability Insurance and a Hold Harmless Agreement and full payment of stage rental cost. RAB/db Attachment U:lwwdatalEventslSpady Living Heritage Day FestivallAgendaMerno Approval Spady Living Heritage Day 2007 .doc ~~~~ i City of Delray Beach r~~-Y~~-±M~R Z $ 20Q~ Special Event Permit ~ ° s~RV c~s~~~ Application ~' PLEASE PRINT z o Event Approved/Denied Date of Approval/Denial Approved/Denied by Tifie 1. Event Name/Title: 2. Event Date(s): 3. 4. 5. 6. 7. 8. r c~ri A ~ ~ ~ Q I Event Times t~ : are ~~LitZ~ ~"~I tvent 5ponsorirroaucer: Event ContactlCoordinat~ Telephone Number. E-mail Address: Event CZescrintion: (If neighborhood block party, then please skip questions #10-35 and go to question #36) 9. Sponsor Category: (please check) .City ^ Non-Profit/Charitable e'Private ^ Co- Sponsor -Non-ProfitlPrivate ^ (If Non profit attach proof of 501 c(3), c(4), c(6), c(! 0) or c(19)) 10. Event Location/Address: ~~o~d~i Mu~v~ Site plan attached: yes nom (Site plan required for entire event site) k ~ i2. Event budget attached: yes no (Required for all events) 13. Serving or selling alcoholic beverages: yesr_______ no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) / 14. Event cert~cate of insurance attached: yes no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) 15. Playing of amplfied music: yes / no (Waiver requirea~ 16. Requesting Police assistance: yes ~ no (Traffic controUsecurity) 1 r 17. Will supplement with private security: yes '~ no (lf yes, need plan attached ~~ ~ ~ µ~T~ 18. Requesting Emergency Medical assistance: yes / no~ 19. Requesting barricade assistance : yes / no 20. Requesting trash removaUclean up assistance: yes~~ no 21. Requesting trash boxes and liners: yeses- no 22. Requesting stage use: yes__„ /~ no (lf yes, check type) Large stage covered ~' Large stage no cover ^ Smail stage ^ Half smaq stage ^ 23. Requesting signage : yes / no Type: Event sign 4( x4,1 Directional signs Banner hanging -~~ Indicate dates required (Waiver required if more than one (!) week prior to event) 24. Food and beverage vendors: yes ~ no ff yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event 25. Health Department approval: (see attached) yes no 26. Other vendors: yes ~ no 27. Tents: yes~_ no_~____^ (-f yes, tent permits and fire inspections maybe needea~ 28. wN the event include amusement rides? requiring state approval? yes no (!f yes, type and location and copy of ra~ility insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event. be gated? yes nom (show on-site map) 30. Will there be fireworks or other pyrotechnics? yes no (!f yes, contact Fire Marshall) 31. VI(11 there be crooking with compressed gas? yes y~ no (!f yes, contact Fire Marshall) 32. Wi11 you be providing port:-a-lets for the event? yes ~+~ no pf yes, locate on-site map. -f no, indicate how you will handle restroom needs) 33. Will there be a charge for the event? yes no„_,_,~ (-f yes, indicate ticket prices) 34. is reserved parking requested? yes_~_ no (K yes, indicate locations) 2 35. Nei~hbofiood Block Parties (Neighborhood block • Is event sponsored by the Homeowner's Association? yes no (If nod then individual(s) submitting permit application must also submit a petition signed by 51 ~ of the homeowners who live on the block) • Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's OfFce at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way wilt not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. Event Cof~trar~or/Ca Please erint: ,~~ ~~ /~~~~ Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1 ~ Avenue, Delray Beach, Florida 33444. For Staff Use Only ~/~~Q 7 ,,, Date Received Application fee received $ ~ Site map Budget Cert~cate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or {d) certficate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 Z~~S ~sT 'tY1'ld ~~a v~ W ~d~ P4 m O N N N ~ ~ w ~~H ~ ° W U ~ a O V1 U p,, ~^ W d ~~~ ~ ~ U H ~A ~ ~~ ~~ 9~ ~ ~C ~ A ~ ~ H 0 U ~ C7 W ~ ~ O H W IJi~II.L`~3S ^ ?I03.LAYd.L \ F~-i < ^ ~ ~f ~°~" ~ ~ < ^ ~ O ~ u U ~ ~ ~°~" ~/ <^> sxoarx~n ~°°~, ~~ z ova ~'~~ ~~~ U~ ~~H as ~ z~ U a O x H UO p~qq ~ a a h UO C7 ~ 4.~ U ~ w° a Es. w o U a a Jt~II.I.VffS ZI03 .r.nr sr. U ~~ ~x Spady Living Heritage Festival September 22, 2007 Budget INCOME Communi Foundation for Palm Beach & Martin Counties $ 13,750.00 event is one of the rant line items Palm Beach Coun Cultural Council $ 24,293.00 S nsors $ 5,000.00 Vendor Fees $ 500.00 Drinks $ 2,700.00 Gift Sho $ 300.00 Total $ 46, 543.00 EXPENSES Tents 8~ Rentals $ 9,500.00 Renaissance Park Fee $ 14,000.00 Music 8~ Entertainment $ 11,000.00 Drinks $ 1,350.00 Ci Fee $ 50.00 Marketin $ 2,500.00 Total $ 38,400.00 RECE'~V~p JUNE fl ;~ ZOOl ADM ~ N iSTRATIVE SERVICES MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: JULY 6, 2007 SUBJECT: AGENDA ITEM # -t • ~ -REGULAR MEETING OF JULY 10, 2007 FY 2008 BUDGET PRESENTATION The FY 2008 Proposed Budget is being provided with the agenda packet for the July 10, 2007 Commission Meeting. The proposed budget includes the state required 9% cut to the current fiscal year's ad valorem revenue. Staff will provide an overview of the proposed budget at the meeting. The budget is being provided at this time in order to afford the Commission with ample time to review and discuss the budget over the next several months prior to adoption in September. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: VICTOR MAJTENYI, DEPUTY DIRECTOR OF PUBLIC UTILITIES THROUGH: CITY MANAGE DATE: July 5, 2007 a SUBJECT: AGENDA ITEM ! • ~ -REGULAR MEETING OF DULY 10.2007 FIRE STATION 4, BUILDING CONDITION ASSESSMENT, PN 2006-016 RECOMMENDATION TO DEMOLISH EXISTING STRUCTURE ITEM BEFORE THE COMMISSION Request City Commission to provide direction on the future of the recently vacated Fire Station #4 building. In February 2006, a "Non-Destructive Survey and Post Hurricane Analysis" was conducted by Currie- Sowards-Aguila-Architects. Their report indicates that the facility has exhausted its useful life with respect to non-compliance to current codes, not meeting adequate spatial requirements for operations, and exhibiting limited site access for fire apparatus vehicles. The report suggests the station be replaced or relocated. BACSGROUND Fire Station #4 sustained considerable damage from the 2005 hurricane season. As a result, the integrity of the roof system has been compromised with numerous roof leaks from the weakened system. In addition, broken overhead coil doors needed emergency replacement. The building was originally constructed in 1980, at 4,680 square feet, with a 1,000sf addition constructed in 1995. The addition was constructed to the current code at the time, meeting design wind speeds of 110mph vs. the wind load design under the current Florida Building Code requirement of 140mph. In addition, there are deficiencies in meeting fire wall separation criteria, proper emergency egress, and ADA compliance for door clearances and for handicap ramp/landings. Electrically, the building's electrical system is out dated, rendering part replacement difficult. The emergenry standby generator is not large enough to operate the entire facility, the clear space surrounding the unit is inadequate for maintenance personnel, and the unit is improperly ventilated. Interior and exterior lighting levels are inadequate. As for mechanical systems, the main building A/C unit is at the end of its useful life and is inadequate for the amount of area, there is insufficient ventilation for engine exhaust removal in the apparatus bay, the kitchen range hood does not comply with commercial standards for ventilation and fire suppression, and showers/toilet rooms do not meet ADA compliance for accessibility. Lastly, fire apparatus need to back into the site from Lake Ida Road. The inability to return to the station without impeding traffic along a primary traffic corridor poses safety concerns. FUNDING SOURCE Not applicable. RECOMMENDATION Staff recommends demolition of the building structure to limit the City's exposure with respect to liability and safety. cc: Richard Hasko, Director of ESD Keny Koen, Fire Chief Randal Krejcarek, City EngineedESD Trade Lutchmansingh, Asst. City Engineer File 2006-016 (E) Agenda File, 07.10.07 C:1lbcuments and Settings~gaskinsV~ocal SettingslTe~orary Imernet Filesl0LKB2Wgnda Memo FS 4 Defm Recmndtn 07 10 07 (2).doc NON-DESTRUCTIVE SURVEY AND POST HURRICANE ANALYSIS CITY OF DELRAY BEACH FIRE STATION 4 4321 LAKE IDA ROAD for CITY OF DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT 434 50UTH SWINTON AVENUE DELRAY BEACH, FLORIDA February 1.2006 Prepared by: CURRIE SOWARDS AGUILA ARCHITECTS 134 NE First Avenue Delray Beach, Florida 33~l44 56i-276-4951 On January 5, 2006, at the request of the City of Delray Beach, Currie Sowards Aguila Architects (CSA) made an on-site non-destructive survey of the existing Fire Station 4 facility located at 4321 Lake Ida Road. The purpose of the survey was primarily to review any negative impacts to the facility as a consequence of recent hurricane activity, particularly Hurricane Wilma on October 24, 2005, as well as documenting any other general deficiencies that may exist in order to determine the best option for repair or replacement. Representing the City of Delray Beach was Assistant Fire Chief John W. Tomaszewski. Representing the architect was Josrs Aguila, and representing the engineers were Dan Thompson for MEP disciplines and Bob Selinsky for structural review. Fire Station 4 was originally constructed in 1980, was approximately 4,680 square fee# and consisted of a three-bay station with dormitory space for eight personnel, general use toilet facilities, and an open kitchen with an adjacent day room (see figures 1-3}. In 1995 the City expanded the facility by another 1,000 square feet which provided general upgrades to the dormitory area and restrooms and an addition of a medical exam room, office space, physical conditioning, and protective clothing spaces. In addition, a second floor storage area of approximately 570 square feet was added above the apparatus bay. The most obvious observation upon arrival is the damage to the mansard roofing shingles which have exposed the underlayment (see figure 4) and sheathing material allowing water intrusion which is exacerbating the air quality concerns noted later in this report. In addition, the overhead doors were damaged to such an extent that the City was forced to do emergency replacement of all four overhead coiling doors. Lastly, large portions of the flat roof (see figures 5-7} sustained wind damage which has compromised the integrity of the roof and is the primary cause of the note roof-leak stains observed throughout the facility. Following is a more detailed report of our observations by discipline. ARCHITECTURAUSTRUCTURAL OBSERVATIONS STRUCTURAL The exterior walls of the facility are constructed of concrete masonry units with double- tee concrete slab roof (see figure 8) over the apparatus bays and a wood trussed roof (see figure 9} for the remainder of the building. The exterior perimeter roof edges consist of mansard trusses with a plywood veneer. Our non-destructive observations noted several "soft" areas of the low roof which is more than likely due to decay of the plywood below as a consequence of previous and on-going roof leaks. I# is noted that besides the obvious water intrusion concerns, the plywood diaphragm is weakened and should be replaced as soon as possible. The addition was completed in accordance with the Standard Building Code in effect at the time with design wind speeds of 110 miles per hour vs the current 140 mph required by the Florida Building Code. The following additional observations or deficiencies were noted which are not entirely related to the hurricanes, but when compared to current codes may be in need of attention: • Separation between the apparatus bays and the residential portions of the building should be separated by an approved two-hour construction system per Table 302.3.2 of the FBC. The infill and miscellaneous patching that was completed during the previous renovation appears to have gaps in some areas (see figure 10) and may need further review and repair. • Section 1014 of the FBC requires installation of one egress door from the apparatus bay and also one from the living area to the exterior of the building as well. This egress door must be located so as to not to go through another space to get to the exterior of the building. • There are at least six doors in the facility that do not comply with the required ADA clearances. In several instances, correction will result in substantial internal modification which may not be practical. In addition, all doors should be verified to insure that the required 32 inch clearance at 90 degree opening is met. • The doors from the living quarters to the apparatus bay will require a 4' by 5' landing and a 4' long ramp per ADA requirements. Implementing this requirement will result in interference with vehicle parking. • None of the toilet/shower facilities meet the requirements of chapter 11 for accessibility (see figures 11-13). Correction of these deficiencies will result in major reconstruction of the facility. • The stair to the storage area appears to meet the requirements of the FBC for riser height and tread length; however, the handrails do not. The horizontal projection at the bottom of the stairs needs to be 23". The south handrail can be replaced, but the north handrail will require the relocation of a door. SYSTEMS The electrical system power is provided by an underground service from pole mounted FPL transformers located on Barwick Road. The service is a 200 ampere 120/240 volt three phase open delta. There are three panels located in the apparatus bay that provide distribution to various loads. A 15 KW 120/240 volt three phase emergency generator is LP gas fueled, spark ignited, four-cylinder engine which provides power to selected fighting and power loads under loss of power conditions. Lighting is provided by recessed 2x4 fluorescent fixtures in most of the public areas, surface mounted open fluorescent strip fixtures in the apparatus bay, recessed incandescent down lights in the dormitory area, and other miscellaneous type incandescent and fluorescent fixtures in o#her ancillary areas. The potable water system is provided through Delray Beach Utilities from a metered supply with the service off Banr+rick Road. There is atwo-compartment sink in the kitchen, laundry tub and domestic clothes washer off the apparatus area, commercial type ice machine located in the laundrylstorage area. The toilet rooms have floor mounted flush valve water closets and wall hung urinals, stall type showers and vanities with lavatories. Hot water is provided by a LP gas-fueled water heater, located in a closet off of the day room. The sanitary system is connected to an on-site lift station that is located on the southwest comer of the building (see figure 14}. The occupied areas of the building {command office, day room/kitchen, dormitory, toilet room and exercise area} are cooled and heated with two air-conditioning units. The medical exam area is air conditioned by a thru-the-wall unit. One system is a five-ton air cooled, direct expansion split system with the air handler located in a closet off of the day room/kitchen (see figure 15), and the air cooled condensing unit located at grade on the northwest corner of the building (see figure 16). The heating is provided by electric resistance heater located in the air handler. This system provides air conditioning to the command office, day room/ kitchen and toilet room and dormitory area. A supplemental thru-the-wall unit has been added to help cool the day room/kitchen. The second system is a roof top package air cooled, direct expansion, cooling, unit with electric resistance heating {see fgure 17). The unit is located on the roof above the exercise room and provides cooling for the protective clothing area and the exercise room. This unit is a 2-1 /2 ton system. Toilet room ventilation is provided by ceiling mounted exhaust fans. The apparatus bay is ventilated by a single roof mounted centrifugal exhaus# fan in a spun aluminum housing (see figure 18). The kitchen hood is a vented residential type servicing a gas fueled commercial type range (see figure 19). OBSERVED SYSTEM DEFICIENCIES ELECTRICAL Two of the original electrical power panels are manufactured by FPE, and replacement circuit breakers for these panels are not manufactured and not readily available; replacement breakers may not be UL listed. The standby generator sys#em is not large enough to operate the entire existing facility, only selected loads. The generator does not have adequate working clearances around the generator for proper maintenance, the electrical disconnect from the generator does not have code required clearances, the engine is not properly ventila#ed and the engine exhaust is located too close to a ventilated opening {see figure 20). We would recommend a whole building generator be installed in an exterior storm-proof enclosure. Drop cords used to provide power to the apparatus refrigerators and other electrical loads are not properly supported from the ceiling with strain relief devices as required by code. The existing electrical fluorescent lighting fixtures are outdated and use inefficient lamps and ballasts; the prismatic lenses for the recessed fixtures in some cases are yellow and need replacement. The apparatus bay uses strip fluorescent fixtures for lighting, and the lighting levels are inadequate. The closet that is used for the five-ton air handler, security system and phone system as well as the pantry lockers is too small and provides inadequate service to all of the above items (see figures 21-22}. Generally exterior site lighting is poor. We have not measured the lighting levels at night, but from observation and experience' it is obvious that the lighting is inadequate for proper security and night vision. Some of the fixtures are improperly tamped. MECHANICAL The existing five-ton air-conditioning system is near the end of its useful life expectancy and should be replaced. The condensing unit has a tree or bush growing up through the grill {see figure 1 fi) that protects the condenser. There is minimal outside air provided as required by code. By the addition of the thru-the-wall unit to supplement the cooling requirements in the day room/kitchen, it is obvious that at some point the unit was needed to provide for comfort conditions. Observable mold growth is on several portions of the supply air duct (see figures 23- 24). The mold should be removed, and the duct should be replaced. All of the rest of the duct should be inspected and removed and replaced if con#aminated. The apparatus bay ventilation does not meet the modem standards for engine exhaust removal. The latest innovations have dedicated exhaust systems that attach to the vehicle exhaust and automatically detach when the vehicle leaves the building. There is some discussion about this form of exhaust in that the system is not flexible enough for different types of vehicles. That is, if a new vehicle exhaust is in a different location from the vehicle for which the exhaust system is originally designed, then the system must be reworked to accommodate the difference. This is a valid observation, but it can be overcome with some relatively minor adjustments. The exhaust from the bay is at the ceiling level of the room, and to ventilate the exhaust fumes properly, they should be at the floor level. In addition, as vehicles leave the facility, vehicle emissions are allowed to enter the building through the attic venting system and therefore should be closed. There is no ventilation provided in the janitors' closet even though a variety of cleaning products are being stored in this room {see figure 25). The flue for the gas water heater is not connected to the water heater {see figure 26); this allows the flue gas to be ven#ed directly into the closet that the heater is housed. It is our opinion that because the flue is still connected to the roof vent, most of the flue gas is still allowed to escape to the atmosphere. I pointed this obvious safety hazard out to the station personnel to get repaired immediately. The kitchen hood is not a commercial hood (see figure 27). As the station is a commercial building, the hood and the entire kitchen installation should comply with commercial standards. The hood must be replaced by a standard Type 1 grease hood with a liquid tight welded exhaust duct in compliance with NFPA 96. There is no fire extinguishing system for the hood. An "Ansul" type system must be installed. The hood must extend past the range by 6° on each side. The rear wall behind the range should be surfaced with a washable non combustible surface (such as stainless steel). PLUMBING The gas water heater is not properly vented; see the Mechanical section above There should be athree-compartment sink and a hand wash sink in the kitchen The showers are not handicapped accessible. None of the toilet rooms comply with current accessibility requirements. The ice machine should not be located in the janitors' closet (see figure 28). There is too great a possibility of contamina#ion of the ice from cleaning supplies. If the ice is used for consumption and is to remain in the janitors' closet ,then it should be in a dispensing machine so that the ice bin is not readily accessible and provides more protection. The water supply to the station should be through an approved RPZ type back flow preventer. GENERAL The attic appears to be vented with the roof insulation above the ceiling. Much of the ceiling is a lay-in acoustical tile. This condition is contrary to current good design practice and the Florida Building Code/Florida Energy Code. The air bamer and the thermal barrier should be in the same location and lay-in acoustical the is not considered an air barrier. Some of the observable mold conditions can be attributed to the vented attic space above the lay-in tile. However, some of the mold is from leaks in the roof. Evidence of mildew or mold growth is forming on the north exterior wall of the building (see figure 29). This growth is from a lack of insulation in the wall causing the surface temperature of the wall to be at the dew point for extended periods. This contributes to the poor air quality conditions that exist in this facility and is in need or correction as it poses a potential health hazard. CONCLUSION As stated above, the impetus for visiting the site was to determine what negative impact the recent hurricanes had on the facility and at the same time note any other deficiencies for correction. As to the humcane damage, the most obvious concern is the roofrng material that has been displaced as a result of heavy winds and is allowing intrusion of water into the facility which is compounding the indoor air quality of the facility. The building structure has not been compromised, and there is no structural danger to the users. However as noted above, there has been some systemic and collateral damage to the truss connectors that may have compromised the truss connections and shouid be further evaluated and, if needed, replaced. Since the damaged overhead doors have been replaced, no additional comment will be noted on this item. All the code related observations noted illustrate how this facility has exhausted its useful life. Many of the current practices in fire sta#ion design are not provided for in this facility, including a proper decontamination room, hazardous material storage, separate storage spaces for medical equipment, cleaning supplies, washer/extractor and gear drying equipment, etc. In general the interior spaces are small, poorly lit, and poorly ventilated. An important note should be made regarding how the various apparatus vehicles access the site. In order to get the vehicles in the apparatus bays and ready for a call, the trucks need to be backed into the bays which is extremely dangerous to personnel and vehicles and has resulted in at least one recent accident at this location. Other than station replacementlrelocation, there is no obvious solution to this issue. rYgure Figgre 2 Flgw-e 3 F:tgure ~ rYgure 8 r~gure 6 figure Figure 8 I4Ygure 9 Figure 10 Figure Figure 12 Figure 13 I~gure 1 ~ ~~ ~ ~;;%.` Figure i i i i 1 15 Figure 16 Flgure FYgure 18 FYgure I9 Figure 20 Figure 22 Figure 21 T _ ~~ +. yf ~~ +c~1y a ~ N ... i'F~l ~A ~p ~~ Figure 23 Figure 2-0~ Figure 2b 1.. ,r ~;, '' .r t~ ~ ~~ ~:~-_, s ~ „~ ~{ 11 ft -?.; _s i. ~~"-r ., P'lgure 28 Figure 27 Figure 28 Figure 29 Agenda Item No, AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: July 5. 2007 When: July 10.2007 Description of item (who, what, where, how much): Request City Commission to provide direction on the future of the recently vacated Fire Station #4 building at the northeast corner of Lake Ida Road and Barwick Road. In February 2006, a "Non-Destructive Survey and Post Hurricane Analysis" was conducted by Currie-Sowards-Aguila-Architects. Their report indicates that the facility has exhausted its useful life with respect to non-compliance to current codes, not meeting adequate spatial requirements for operations, and exhibiting limited site access for fire apparatus vehicles. The report suggests the station be replaced or relocated. ORDINANCE/RESOLUTION REQUIRED: Not required. R®commendation: Staff recommends City Commission consider demolition of the building structure to limit the City's exposure with resp~cf'~o liability and safety- _,,, Department head signature: ~ ~ -~• 9 ~ ~ ~ ~-`°7 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review {required on all items involving expenditure of funds): Funding available: YES/NO Funding aitematives (if applicable): Account No. & Description Not applicable. Account Balance City Manager Review: Approved for agenda /NO Hold Until: Agenda Coordinator Review: Received: Placed an Agenda: Action: ApprovedlDisapproved S:1EngAdminlProJects1200612006-016 {RFQ's -BOX-PROJ FILE 2006-005)\OFFICIALWgda Req FS 4 Demo Recmmdtn 07.10.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TRACIE M. LUTCHMANSINGH, P.E., ASST. CITY ENGINEER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: JULY 2, 2007 SUBJECT: SEACREST SOCCER COMPLEX - PRECONSTRUCTION SERVICES PROPOSAL FROM THE WEITZ COMPANY (PROJECT N0.2004-051) ITEM BEFORE CONIlVIISSION City Commission approval /authorization for preconstruction services for the Seacrest Soccer Complex (formerly called Atlantic Soccer Complex) proposal and related agreement associated with the Construction Manager at Risk Service contract. The scope of services is listed in Article 2.1 of the agreement and the total fee for this phase is $25,012 (refer to exhibit 2.1.4B). This represents approximately 0.75% of the current estimated project construction cost of $3,300,000. BACKGROUND The City passed a $24 million Parks Bond Program to finance improvements to the City's parks, library furnishings and the Old School Square park and parking garage. Kimley-Horn and Associates were issued the work authorization to prepare construction documents for the improvements approved for the Seacrest Soccer Complex at the former Atlantic High School site on Seacrest Boulevard. The Weitz Company was selected based on the Request For Proposal for Construction Management at Risk Services. The Weitz Company will provide preconstruction and construction services and will be responsible for constructing the facility pursuant to a guaranteed contract price. FUNDING SOURCE Funding is available from the 2004 Parks and Recreation Bond Fund account #380-4150-572-63.49, Soccer Complex. RECOMMENDATION Staff recommends approval if the Commission wishes to maintain the schedule outlined on the attached chart. If a delay is acceptable then action on this item can be deferred. Please note that portions of this agreement, e.g., construction time in Article 12 and the provision regarding bonding requirements, will be modified with the receipt of the Guaranteed Maximum Price and fmal contract execution prior to commencement of construction. Enc Cc Richard Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Carolanne Kucmemwski CMT (originals) City Clerk Project File 2004-051 Agenda File U:\wwdata\agenda\Agenda Info. 7.10.OTAgenda Memo Weitz PreCon Serv Soccer 07-10-07 FINAL.doc i ~~ ~~ - ~~~ Y v F F~ F F v V Y U U~ F F F F S U V Y U U Y U Y Y Y~ Y~ F~ F~ Y~ F F~ F~~~~~~ F r• Q Q Q Q Q Q Q Q 6 ro r n r n n n n n r ro r r a r n n n n n n r ap ro r r n~$~ $ o p o 0 0 0 o pogo o~ p o 0 o g o o~ o o p o Q 0 0 0 o O~~ o o~~ ~S ~ o o N a s to a a s ~ a ~~ c~ ~ ~ !l" ~ ~ ~ C ~ ~ o m ~ ~ L ~ ~ ~ ~ o ~ o o ~ ~ ~ ~ o ~ C ~ ~ o o ~ ~ p o ~ ~ a ~ ~ o ~ o ~ ~ N~ o 0 0 0 0 0 0 0 o p o 0 0 ~ ~ ~y ~ a O 0 0 0 0 0 0 0 0 o p Q Q Q Q Q Q Q Q • P Q Q Q Q ,.n ,. egos a ~o ege nnog~ Q g~~e o~~egg~~~ gsoogso e o _~ _ _ _ m moo ~, ~,_ ___<~, o0 ~V ~ O N ~ O of A ~ Sri ~ e3 ?i ~ c 0 0 ~ O ~' ~ ~ ~ o ~ C n ^ ~ ~ o o ~ $i o o N o ~+ o ~ A o 0 0 `~ r ~ o+ 0 0 0 0 0 0 0 0 ~ o 0 0 0 e o 0 0 0 0 0 0 0 0 0 0 0 0 o in ~ o .n ~ o M~ o o~~ m o 0 0 0~ m ~ o o h o M o o~ v~ v> in in o o A ~~~~ ~° m ~ ~ ~>" - - rc ~ ~ ~ m m ~ ~ ~ e e ~ m a ~~~ bg~~g~~ g~d~t r`Ex~.~"s ~e~4 ug$ 4y ° ~ and ° e r ; ~ a ~ S a ~ ~ ~ _° $ ~ a ~ ` ~ caS a~i E ~ ~ ~ ~ f? 2' ~ ~ Q ~ ~ ~ ~ ~ 9 _ ~ .4 ~~ ~~m ~mEQ E ~ ~~m' @.~.~ 8 Cfi~~~ soul in .~ ~ E g'_~ ~~c O 5 E g 2 m aCg ~~? m~aomC m ~~~~ 8a~ EF u~°~o ~CmE °~z~~' Z.4, ~°U~ r~,~` w $r2NLL~a E g C 3~ E .~~ ~'~iK d X~Xg £m~ ~ ~,a €'grz, €~€ `yam b w $~ ~ ~c~~~ ~ ~ ~O-~ m c ~~c4 e$ avv~~~vaao~~~d~c3v~v~'m'm'icYa~3~~om~~~a8m ~~u~inm~°~m'~3riii~ iii _-__ _.. __1_. _... __1. _. __-- - Page 1 of 1 Smith, Douglas From: Shutt, Brian Sent: Thursday, July 05, 2007 2:47 PM To: Smith, Douglas Subject: RE: Agenda item for 07-10-07 - Seacrest Soccer Complex ok Brian Shutt From: Smith, Douglas Sent: Thursday, July 05, 2007 12:09 PM To: Shutt, Brian Subject: FW: Agenda item for 07-10-07 - Seacrest Soccer Complex Agenda Item attached for preconstruction services for the Soccer Complex. Doug Smith Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7144 Fax: (561) 243-7199 Email: smith_d@ci.delray-beach.fl.us From: Lutchmansingh, Trade Sen#: Thursday, July 05, 2007 12:07 PM To: Smith, Douglas Cc: Hasko, Richard; Krejcarek, Randal; Gaskins, Lanelda; Kucmerowrski, Carolanne Subject: Agenda item for 07-10-07 - Seacrest Soccer Complex See attached Trade M. Lutchmansingh, P.E. Assistant City Engineer Engineering Division •• City of Delray Beach •• 434 South Swinton Ave •• Delray Beach, FL 33444 Phone:561.243.7322 •• Fax:561.243.7314 •• Emailautchmansingh~u~ci.delray-beach,fl.us "Correcting oneself is correcting the whole world. The sun is simply bright. It does not correct anyone. Because it shines, the whole world is full of light. Transforming yourself is a means of giving light to the whole world." Sri Ramana Maharshi (1879-1950) 7/5/2007 CONSTRUCTION MANAGER AT RISK SERVICES THIS CONTRACT, made and entered into this day of , 24_, between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "Owner" and _ The_ Weitz Company, L.L.C., hereinafter referred to as the "Construction Manager". WITNESSETH: That the said Construction Manager having been awarded the contract for the: PROJECT NAME: Seacrest Soccer Complex PROJECT NO. 2404-451 hereinafter referred to as "Project" and in accordance with the Construction Manager's Proposal therefore and for and in consideration of the promises and of the covenants and agreements, and of the payments herein specified, to be made and performed by the Construction Manager and the Owner, the Construction Manager hereby covenants and agrees to and with the Owner to undertake and execute all of the said named work, in a good, substantial and workmanlike manner, and to furnish and pay far all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to fully complete aN work in accordance with all requirements of the Contract Documents and in accordance with all applicable codes and governing regulations ARTICLE 1 -The Construction Team and Extent of Agreement 1.1 The Construction Manager agrees to furnish its best skill and judgment and to cooperate with the Architect/Engineer in furthering the interests of the Owner. The Construction Manager agrees to furnish efficient business administration and superintendence and to use its best efforts to complete the Project in an expeditious and economical manner consistent with the interests of the Owner. 1.2 The Construction Team: The Construction Manager, the Owner, and the Architect/Engineer (the "Construction Team") will cooperate together through construction completion. The Construction Manager shall provide leadership to the Construction Team on all matters relating to construction. The Architect/Engineerwilf provide leadership to the Construction Team on all matters relating to design. Nothing herein is intended to make the Owner Gable for the acts or deeds of the Construction Manager. 1.3 Extent of Agreement: This Agreement is complementary to the Conditions of the Contract, and together with them, represents the entire agreement between the Owner and the Construction Manager and supersedes alb prior negotiations, representations or agreements. What is called far by any one shall be as binding as if called for by all. Where this Agreement is expressly in conflict with the Conditions of the Contract, the most stringent requirement to the Construction Manager shat{ control. Where this Agreement is silent, the Conditions of the Contract, and the requirements of the Drawings and A-1 Specifications (to be furnished later) will prevail. This Agreement may be amended only by written instrument signed by the Owner and the Construction Manager. 1.4 Terms used in the Contract shall have the following meanings: .1 "Construction Team" means Owner, Architect/Engineerond Construction Manager. .2 "Consultant" means the Architect/Engineer, and the terms will be used interchangeably; .3 "Contractor" means Construction Manager, and the terms will be used interchangeably; .4 "Contract Sum" means Guaranteed Maximum Price, and the terms will be used interchangeably. .5 "Owner" means the City of Delray Beach, and the terms will be used interchangeably; .6 "Subcontractor" means Trade .Contractor, and the terms will be used interchangeably; and, .7 "Work" means the totality of the obligations, including construction and other services, imposed on the Construction Manager by the Agreement, whether completed or partially completed and including labor, materials, equipment and services provided or to be provided by the Construction Manager to fulfill the Construction Manager's obligations. The Work may constitute the whole or a part of the project. ARTICLE 2 -Construction Manager's Basic Services 2.0 The Construction Manager's Basic Services under this Agreement include preconstruction phase services and construction phase services. 2.1 The Preconstrucfiion Phase. It is the intent of the Owner to engage the Construction Manager as an active participant in the design process working with the Owner and Architect/Engineer in maintaining the project budget and project scope. The Construction Manager shall: 2.1.1 Provide preconstruction deliverables consisting of 7 copies of reports at Schematic Design, 100% Design Development, 50% Construction Documents, and 100% Construction Documents together with a Guaranteed Maximum Price proposal. The reports shaft include a complete discussion and summary of the services provided in accordance with Subparagraphs 2.1.2 through 2.1.8 herein below, including the schedule and a detailed cost estimate. 2.1.2 Review designs during their development. Proactively advise the Architect with regard to the most effective approach for designing the project regarding issues of on site use and improvements, selection of materials, building systems and equipment. Provide recommendations on relative feasibility of construction methods, compliance with applicable laws, codes, design standards, and ordinance, availability of materials and labor, time requirements for procurement, installation and construction and factors related to cost including, but not limited to, costs of alternative designs or materials, preliminary A-2 budgets and possible economies, while maintaining the Owner's design objectives. 2.1.3 Provide, for the Architect/Engineer's and the Owner's review, a Project Schedule that coordinates and integrates the Construction Manager's services, the Architect/Engineer's services and the Owner's responsibiiitieswlth anticipated construction schedules. The Construction Manager shall update this schedule periodically, as required. By providing these schedules tothe Architect/Engineer and Owner, the Architect/Engineer and the Owner do not in any way acknowledge or consent that the schedules are acceptable or reasonable, but they are simply reviewing same for their own informational purposes. 2.1.4 Prepare for the Owner's approval a detailed estimate of Construction Cost, as defined in Article 8 herein, developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Architect/Engineer. Update and refine this estimate periodically as the Architect/Engineer prepares Construction Documents. Advise the Owner and the Architect/Engineer if it appears that the Construction Cost may exceed the Project budget. Make recommendations for corrective action. 2.1.5 Coordinate Construction Documents by consulting with the Owner and the Architect/Engineer regarding Drawings and Specifications as they are being prepared, and recommending alternative solutions whenever design details affect construction feasibility, cost or schedu#es. 2.1.6 The Construction Manager agrees that time is of the essence in maintaining the praject schedule. In an effort to achieve the project schedule, the Architect/Engineerwlll rely upon the input and recommendations of the Construction Manager in preparing the project documents, recognizing that cost is one of a number of issues which will influence the selection of building components and systems. 2.1.7 It is incumbent upon the Construction Manager to advise the Architect/Engineer of recommended building components and systems before the design professionals have comprehensively documented the materials, systems and equipment within the project. 2.1.8 Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by the Owner, review the Drawings and Specifications and make recommendations asrequired to provide that (1 }the Work of the separate contractors is coordinated with that of the Trade Contractors, (2) ail requirements for the Project have been assigned to the appropriate separate contract, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction. 2.1.9 Develop a Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each Trade Contractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. A-3 2.1.9.1 Establish a schedule for the purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the ArchitectlEngineer. Expedite and coordinate delivery of these purchases. 2.1.10 Provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. Develop bidding packages designed to minimize adverse effects of labor shortages. 2.1.11 Develop procedures which are acceptable to the Owner far the prequalification of Trade Contractors. Develop Trade Contractor interest in the Project and publicly advertise and conduct pre-bid conferences with interested bidders to review the documents. Take competitive bids on the Work of the various Trade Contractors or, if authorized by the Owner in writing, negotiate for the performance of that Work. The Construction Manager may require bidders to submit bid bonds or other bid security acceptable to the Construction Manager as a prerequisite to bidding on the Work. Analyze and evaluate the results of the various bids and their relationship to budgeted and estimated amounts, and prepare for review with the Owner and Architect/Engineer a bid tabulation analysis and such other support data as necessary to properly compare the various bids and their responsiveness to the desired scope of Work. Specifically, review the scope of Work in detail with apparent low responsive bidders to determine that their bids are complete, but do not include duplicate scope items. Maintain records of ail pre-award interviews with apparent low bidders. 2.1.12 Attend periodic meetings of the Project Team. 2.1.13 Based upon Drawings and Specifications produced by the Architect/Engineer, develop Guaranteed Maximum Price (GMP} Proposal(s), including, a Project Construction Schedule, itemized by Trade Contract, for phases of Work as required by the Owner. If the documents as prepared by the Architect/Engineerore not adequate for the development of a Guaranteed Maximum Price, the Construction Manager shah notify the Owner immediately, prior to developing the GMP. All assumptions made by the Construction Manager in the development of the GMP shall be specifically listed in the GMP proposals, and the GMP wilt not be adjusted due to assumptions made by the Construction Manager, but not included in the GMP Proposal. 2.1.13,1 If the GMP Proposal is accepted, in writing, by the Owner, it wilt become an Amendment to this Agreement which wiU establish the GMP, Contract Time, and liquidated damages for that phase of the Work. A Construction Bond and Form of Guarantee on the Owner's standard forms and Builder's Risk Insurance Policy shall be provided by the Construction Manager simultaneously with the GMP Amendment. Also, items 14.14 - 14.16 shall be provided with this Amendment. 2.1.13.2 If the GMP proposal is not accepted by the Owner, the Owner shall so notify the Construction Manager in writing. The Construction Manager shah then recommend adjustments to the Work through value engineering. The Construction Team and Owner will discuss and negotiate these recommendations for no more than 14 calendar days, A-4 unless an extension is granted in writing by the Owner. If an acceptable GMP is not developed, negotiations may be terminated, and the Owner may initiate negotiations with another Construction Manager or separately bid the project. 2.1.14 The Construction Manager's personnel to be assigned during the Preconstruction phase and their duties to this project shall be as set forth in the Request for Proposal. 2.1.15 The above named services connected to the Preconstruction Phase shall not exceed the amount set forth in Exhibit 2.1.4B. 2.2 Construction Phase. Unless otherwise authorized by the Owner, alt Work shalt be performed under Trade Contracts held by the Construction Manager. The Construction Manager shall not bid on any of the Trade Contractor Work or perform such Work with its own forces without the prior written consent of the Owner. The Construction Manager shall: 2.2.1 Administer the construction phase as provided herein and in the Conditions of the Contract, which include the following: General Conditions, and Special Conditions, and bear full responsibility for any and ail acts or omissions of those engaged in the Work on behalf of the Construction Manager. 2.2.2 Commence .the Work within 10 days after receipt of the executed Guaranteed Maximum Price Amendment and Notice to Proceed from the Owner. 2.2.3 Promptly award and execute Trade Contracts with approved Trade Contractors. Provide copies of fully executed Trade Contracts, insurance certificates and, if required, bonds to the Owner. 2.2.4 Manage, schedule and coordinate the Work, including the Work of the Trade Contractors, and coordinate the Work with the activities and responsibilities ofthe Owner, ArchitectlEngineer and Construction Manager in order to complete the Project in accordance with the Owner's objectives of cost, time and quality. Develop and maintain a program, acceptable to the Owner and ArchitectlEngineer, to assure quality control of the construction. Supervise the Work of all Trade Contractors so that the work conforms to the requirements of the plans and specifications. Provide instructions to each Trade Contractor when its Work does not conform to the requirements of the plans and specifications so that the work conforms to the requirements of the plans and specifications, and cantinue to manage each subcontractor to ensure that corrections are made in a timely manner so as to not affect the progress of the Work. Should disagreement occur between the Construction Manager and the ArchitectlEngineer over acceptability of Work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 2.2.5 Maintain exclusively far this Project a compe#entfull-time staff at the Project site to coordinate and direct the Work and progress of the Trade Contractors on the Project. The Construction Manager shall maintain sufficient off-site support staff, and competent full time staff at the Project site authorized to act on behalf of the Construction Manager to A-5 coordinate, inspect and provide general direction of the work and progress of the Sub- contractors and he shall provide no less than those personnel during the respective phases of construction that are set forth in an Exhibit to the GMP Amendment. He shall not change any of those persons unless mutually agreed to by the Owner and Construction Manager. In such case, the Owner shall have the right of approval of the qualifications of replacement personnel. All of the Construction Manager's on-site management and supervisory personnel shall be consistent with the interview presentation and shall not be removed or replaced without the Owner's consent. The Owner shall have the right to direct the Construction Manager to remove or replace any on-site personnel whose performance becomes unsatisfactory to the Owner. !n such event, the Construction Manager shall promptly replace such personnel, without consideration of additional compensation for the replacement. 2.2.5.1 Establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Team. Identify an on-site staff member to represent the Construction Manager, on a daily basis, with authority to negotiate change orders and contract modifications on behalf of the Construction Manager. Make available such executive personnel as necessary to execute change orders or other contract modifications on behalf of the Construction Manager so as not to delay the progress of the Work. 2.2.6 Establish procedures for coordination among the Owner, Architect/Engineer, Trade Contractors and Construction Manager with respect to all aspects of the Work. Implement such procedures, incorporate them into a project resource manual, and distribute manuals to the Construction Team. 2.2.6.1 Require of the various Trade Contractors such Coordination Drawings as may be necessary to properly coordinate the Work among the Trade Contractors. 2.2.6.2 In coordination with the Architect/Engineer, establish and implement procedures for tracking and expediting the processing of shop drawings and samples, as required by the Conditions of the Contract. 2.2.7 Schedule and conduct weekly progress meetings with Trade Contractors to review such matters as jab procedures, job safety, construction progress, schedule, shop drawing status and other information as necessary. Provide prior notice to Owner and Architect/Engineer of all such meetings, and prepare and distribute minutes. Attend Team meetings with the Architect/Engineer and Owner, as scheduled by the Architect/Engineer. 2.2.8 Review the schedule with the various Trade Contractors and review, or expand, the level of detail to incorporate specific Trade Contractor input consistent with the overall completion requirements. Regularly monitoring and update the Project Schedule and various sub-networks as construction progresses. Identify potential variances between scheduled and probable completion dates. Review schedule far Work not started, or incomplete, and make adjustments in the schedule to meet the scheduled completion date. Provide summary reports of each monitoring and document all changes in schedule. Regular schedule updates and reporting shall be included as part of the monthly project report outlined in Subparagraph 2.2.16 herein. A-6 2.2.9 Determine the adequacy of the Trade Contractors' personnel and equipment, and the availability of materials and supplies to meet the schedule. In consultation with the Owner and the ArchitectlEngineer, take necessary corrective actions when requirements of a Trade Contract or a Trade Contract Schedule are not being met. 2.2.10 Whenever Owner-Furnished Contractor-installed (OFCI) materials or equipment are shipped to the Project site, the Construction Manager shall notify the Owner and shall be responsible for their acceptance, proper storage, and incorporation into the Work provided the scope of the Owner-Furnished Contractor-installed (OFC!) work is included within the Guaranteed Maximum Price. 2.2.11 Develop and maintain an effective system of Project cost control which is satisfactory to the Owner. Revise and refine the initially approved Project Construction budget, incorporate approved changes as they occur, and develop cash flaw reports and forecasts as needed. Identify variances between actual and budgeted or estimated costs and advise Owner and ArchitectlEngineertyhenever projected costs exceed budgets or estimates. Cost Control reports shall be included as part of the monthly project report outlined in Subparagraph 2.2.16 herein. 2.2.12 Maintain a system of accounting consistent with generally accepted accounting principles. The Construction Manager shall preserve all accounting records for a period of four (4}years after final acceptance of the Work or as otherwise requested in writing by the Owner. The Owner shall have access to all such accounting records at any time during the performance of the Work and for a period of four (4} years after final acceptance of the Work. 2.2.13 Without assuming any of the Architect/ Engineer`s responsibilities for design, recommend necessary or desirable changes to the Owner and the ArchitectlEngineer. 2.2.13.1 When requested by the Owner or Architect/Engineer, promptly prepare and submit estimates of probable cost for changes proposed in the Work including similar estimates from the Trade Contractors. If directed by the Owner, promptly secure formal written Change Order Proposals from such Trade Contractors. 2.2.14 Be responsible for initiating, maintaining and supervising effective safety programs and require similar programs of the Trade Contractors and Sub-subcontractors. The OSHA guidelines shall serve as the basis for the construction safety program. If the Owner implements an Owner Provided Insurance Program as provided for in Article 11, the Construction Manager shall cooperate with the safety representatives of the Owner's Insurance Administrator and(or the Owner's insurance carrier(s) in the course of construction site inspections and in all other matters related to job safety and accident prevention. 2.2.14.1 Promptly notify the Owner and, where applicable, the Owner's Insurance Administrator, in writing, upon receiving notice of filing of any charge of non-compliance from OSHA, or upon receiving notification that a federal or state inspector shall visitor is visiting the Project site. A-7 2.2.14.2 At progress meetings with Trade Contractors, conduct a review of job safety and accident prevention, and prepare minutes of such meetings that will be available to the Owner's Representative on request. The minutes of job safety and accident prevention portion of such progress meetings shall be made available to the Owner`s Insurance Administrator, where applicable, upon request. 2.2.14.3 Designate a fu11-time staff member as the project safety director who shall oversee job safety and accident prevention for the Construction Manager, Trade Contractors and Sub-subcontractors involved in the Work, in addition to any other responsibilities assigned to such staff member. 2.2.15 Make provisions for Project security acceptable to the Owner, to protect the Project site and materials stored off-site, or on-site, against theft, vandalism, fire and accidents, damage, or injury to person(s) or property, etc., as required by jab and location conditions. 2.2.16 Record the progress of the Project. Submit written monthly progress reports to the Owner and the Architect/Engineer including information on the Trade Contractors' Work, the percentage of completion, current estimating, computerized updated monthly Critical Path Method scheduling and project accounting reports, including Estimated Time to Completion and Estimated Cost to Complete. Keep a daily log available to the Owner and the Architect/Engineer. Report and record such additional information related to construction as may be requested by the Owner. 2.2.17 To the extent that the contract scope includes the demolition of existing improvements, The Construction Manager shall be responsible for the removal, encapsulation, transportation and disposal of any hazardous material, including, without limitation, any asbestos or asbestos-related products as may be required in connection with the Work. Hazardous material, described by federal guidelines brought by the Construction Manager or the Trade Contractors shall remain their responsibility for proper disposal. Any hazardous material not specifically shown on the documents may be considered a concealed condition and may entitle the Construction Manager to a Change Order increasing the Guaranteed Maximum Price for any additional costs incurred. Such request for Change Order shall be submitted within seven days after the discovery of the concealed condition. The failure to provide the required notice within the time set forth herein shall constitute a complete waiver by the Construction Manager of any claim far additional compensation or extension of time. ARTICLE 3 -Additional Services 3.1 Upon the mutual agreement of the Owner and the Construction Manager, and upon written authorization from the Owner, the Construction Manager shalt provide additional services which are beyond the scope of the Basic Services described in Article 2 herein. The Construction Manager shall be compensated for such additional services by a fee to be negotiated by the Owner and the Construction Manager at the time of the additional service request. A-8 ARTICLE 4 -Owner's Responsibilities 4.1 The Owner will designate a representative to receive progress reports of the Work, serve as liaison with the Construction Manager and the Architect/Engineer, receive and process communications and paperwork, and to represent the Owner in the day-to-day conduct of the Project. The Construction Manager will be notified in writing of the representative and of his/her designee or any changes thereto. 4.2 The Owner may retain a threshold inspector, if required by Chapter 553, Florida Statutes. 4.3 The Owner will review and approve or take other appropriate action on the Construction Manager's preconstruction deliverables. ARTICLE 5 -Schedule 5.1 Preconstruction Phase: The Construction Manager shall submit the required Reports and Guaranteed Maximum Price Proposal within 30 days after the Construction Documents have been made available to the Construction Manager. 5.2 Construction Phase: The number of days for performance of the Work under the construction phase of this Agreement shall be established in the Guaranteed Maximum Price Amendment to this Agreement. 5.3 At the time a Guaranteed Maximum Price (GMP} is established, as provided for in Article 6, a Project Substantial Completion date, a project final completion date and an Owner occupancy date in accordance with the master project schedule, shall also be established by the Construction Team. The Construction Manager agrees to complete the construction in accordance with the agreed upon Substantial Completion date, final completion date and Owner occupancy date. The Construction Manager acknowledges that failure to complete the project within the construction time set forth in the approved schedule will result in substantial damages to the Owner. Liquidated Damages shall be assessed at rate to be determined by the Owner for each Project assignment. 5.4 In the event the Owner desires to accelerate the schedule for any portion of the Work, the Owner shall notify the Construction Manager in writing. Within 7 days, the Construction Manager shallgive the Owner a revised Guaranteed Maximum Price for the acceleration which shall become a Change Order upon acceptance by the Owner. The Owner may then direct the Construction Manager to increase its staff and require its Trade Contractors to increase their manpower, or to work such overtime hours as may be necessary to accomplish the required acceleration in accordance with the approved Change Order. In such event the Owner shall reimburse the Construction Managerforthe costs of such acceleration subject to the Guaranteed Maximum Price. In no event shall the Construction Manager be entitled to compensation in excess of the adjusted Guaranteed Maximum Price. The Construction Manager shall require accurate daily records of all costs of the required acceleration and shall secure the Owner's approval of such records. A-9 5.5 The Owner shall have the right to occupy, ar use, any portion of the Wark ahead of schedule. {f use or occupancy ahead of schedule affects the Cost of the Project or the schedule for the Work, the Construction Manager shall so notify the Owner in wri#ing within 7 days of discovering the Owner's intent to occupy or use a portion of the Work ahead of schedule, of the monetary extent or time impact of the Owner's actions on the Construction Manager's Work. The Owner shall consider the Construction Manager's writing as a request for a Change to the Work in accordance with Article 9, herein. ARTICLE 6 -Guaranteed Maximum Price 6.1 The "Guaranteed Maximum Price" {GMP} includes Cost of the Work required by the Contract Documents as defined in Article 8 herein, and the Construction Manager's fee as defined in Paragraph 7.2 herein. The GMP wil! be established based on Construction Documents prepared by the ArchitectlEngineer. The GMP is subject to modification for changes in the Work as provided in Article 9, herein. 6.2 The GMP will only include those taxes in the Cost of the Work which are legally enacted at the time the GMP is established. 6.3 All cast savings for the not-to-exceed value of the GMP shall be returned to the Owner as part of the net aggregate savings established when final accounting is submitted upon Final Completion of the Work, or at such earlier time as agreed to by the Owner and the Construction Manager. "Cost savings" are the net difference obtained by deducting from the Adjusted GMP, the documented Construction Manager's Fee, the expended portions of the construction contingency and the actual expenditures representing the Cost of the Work as defined in Article 8, herein. Liquidated damages, if any, are different from, and are not a part of this calculation. 6.4 In addition to the cost of work, the GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Contractor will be required to furnish documentation evidencing expenditures charged to this contingency prior to the release of funds by the Owner. Documentation for use of the Contingency shall be determined by the Owner. The Architect-Engineer shall verify the actual costs. 1f bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. !f bids are received above the applicable line item in the GMP the deficiency will betaken from the contingency, however such events shall not be cause to increase the GMP. if bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Contractor may perform that portion of the work as acknowledged by the Owner or negotiate for its performance far the specified line item lump sum amount or less. 6.5 By execution of this Agreement, the Construction Manager certifies that all factual unit costs supporting the fees specified in this Agreement are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be A-10 furnished to the Owner in the future to support any additional fees that may be authorized, will also be accurate and complete. The fees specified in this Agreement and any additional fees that may be authorized in the future shat( be adjusted to exclude any significant sums by which the Owner determines the fee was increased due to inaccurate, incomplete, or non-current factual unit costs. 6.6 Adjustments to the GMP will be made as described in the Conditions of the Contract. ARTICLE 7 - Payments to Construction Manager 7.1 In consideration of the performance of the Contract, the Owner agrees to pay the Construction Manager, as compensation for its services an amount as set forth below: 7.1.1 For preconstruction services, the total sum amount to be paid in the amounts specified at the satisfactory completion of the following phases 100°!° Schematic Design 100% Design Development 50% Const. Docs. 100% Const. Docs 7.1.1.1 Upon receipt of the Notice to Proceed, the Construction Manager shall begin providing the indemnification described in the Conditions of the Contract, as part of the fee established for the first phase of preconstruction services. 7.1.2 Upon acceptance of the GMP, the amount established in the GMP Amendment to this Agreement, which includes the Construction Manager's fee as described in Paragraph 7.2 and the Cost of the Work as described in Article 8, to be paid monthly as described in the General Conditions of the Contract. 7.1.2.1 As required by Section 287.0585, Florida Statues, within seven (7) working days from receipt of payment from the Owner, the Construction Manager shall pay each Trade Contractor out of the amount paid to the Construction Manager on account of such Trade Contractor's Work, the amount to which said Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said Trade Contractor's Work. The Construction Manager shall, by appropriate agreement with each Trade Contractor, require each Trade Contractor to make payments to its subcontractors in a similar manner. 7.1.3 Pay requests for preconstruction services and for construction shall be documented in accordance with the General Conditions. 7.2 Construction Manager's Fee during the Construction Phase includes the following: 7.2.1 The cost of its home or branch office employees or consultants not at the Project site, including the cost of all benefits, insurance, and taxes attributable to wages and A-11 salaries and other company overhead expenses for said home office employees. 7.2.2 The cost of its field employees identified in Subparagraph 2.2.5 herein, or their approved replacements, including the cost of ail benefits, insurance, and taxes attributable to wages and salaries for said field employees. 7.2.3 General operating expenses of the Construction Manager's principal and branch offices other than the field office. 7.2.4 Any part of the Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work. 7.2.5 Overhead and profit, or general expenses of any kind, except as may be expressly included in Article 8, herein, as Cast of the Work. 7.2.6 All travel and per diem costs of Construction Manager's employees and consultants. 7.2.7 Those services set forth in Article 2.2. 7.2.8 Expenses such as long distance telephone calls, telephone service at the site, postage, office supplies, expressage, and similar items in connection with the Work. 7.2.9 Cost of equipment such as typewriters, cameras, radios, computers, pagers, copiers, facsimile equipment, telephones, dictating units, trailers, vehicles and furniture purchased or rented by the Construction Manager 7.2.10 Administration of direct tax savings purchase program. 7.3 Adiustments in the fee will be made as follows: 7.3.1 Adjustments due to Changes in the Work shalt be made as described in the General Conditions of the Contract. 7.3.2 For delays in the Work caused by the Owner, the Construction Manager shall be entitled fio additional fees to compensate the Construction Manager for its increased expenses. The amount of this increased fee shall be calculated at a daily rate derived by dividing the basic fee (excluding overhead and profit) established in the accepted GMP proposal by the Contract Time established in the GMP Amendment to the Agreement. 7.4 Invoices for fees or other compensation far services or expenses shall be submitted in detail sufficient for a proper pre audit and post audit thereof. ARTICLE 8 -Cost of the Work 8.1 The term "Cost of the Work" shall mean costs including General Conditions costs, incurred in the Work as described and defined in Paragraph 8.2, below, and paid or incurred by the Construction Manager, which are not included in Paragraph 7.2, less any A-12 reimbursement for scrap value and cash or trade discounts, subject to Article 10, herein. The term "wages" used herein shall include the straight time and overtime pay and the cast of associated employee benefits. Employee benefits include, but are not limited to, unemployment compensation, social security, compensated absences, and other mandatory and customary contributions and fringe benefits insofar as such costs are based on wages, salaries, ar other remuneration paid to employees of the Construction Manager. Employee benefits do not include Workers' Compensation insurance when such insurance is provided by the Owner in accordance with Article 11. 8.1.1 The Owner agrees to pay the Construction Manager for the Cost of the Work as defined in Article 8, herein, through completion of the Work. Such payment shall be in addition to the Construction Manager's Fee as stipulated in Paragraph 7.2, herein. 8.2 Cost of the Work includes and is limited to actual expenditure for the following cost items: 8.2.1 Subject to prior approval by the Owner, wages paid for labor in the direct employ of the Construction Manager other than those provided under Paragraph 7.2, herein, as a part of the Construction Manager's Fee in the performance of the Work under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the Owner and Construction Manager, and including benefits, if any, as may be payable with respect thereto. 8.2.2 The cost of all materials, supplies and equipment incorporated in the Work or stored on site, including cost of transportation and storage thereof. At the Owner's sole discretion, the Owner may make payment far materials, supplies and/or equipment stored off-site and bonded. 8.2.3 Payments made by the Construction Manager to Trade Contractors for their Work performed pursuant to Trade Contracts with the Construction Manager. 8.2.4 Cost of the premiums for all insurance or bonds including Trade Contractor bonds which the Construction Manager is required to procure by this Agreement, or other insurance or bonds subsequently deemed necessary by the Construction Manager, and agreed upon by the Owner. The cost of insurance for the Construction Manager, trade contractors, and sub-subcontractors at any tier in the Work shall be excluded for any insurance to be provided by the Owner in accordance with Article 11 herein. 8.2.5 Sales, use, gross receipt, or similar taxes related to the Work imposed by any governmental authority and for which the Construction Manager is liable. $.2.6 Building and operating permit fees, inspection and filing fees, sewer and waterfees, and deposits lost for causes other than the Construction Manager's own negligence. 8.2.7 Cost of removal and disposal of al! debris including clean-up and trash removal. 8.2.8 Cost incurred due to an emergency affecting the safety of persons andlor property A-13 8.2.9 Subject to prior written approval by Owner, legal costs reasonably, and properly, resulting from prosecution ofi the Work for the Owner provided, however, that they are not the result of the Construction Manager's own negligence or malfeasance. Legal costs incurred in connection with disputes solely between the Construction Manager and the Owner or incurred in connection with disputes between the Construction Manager and Trade Contractors are the responsibility of the Construction Manager and shall not be included in the Cost of the Work. 8.2.10 Cost to the Construction Manager of Temporary electric power, lighting, water, sanitary facilities, and heat required for the performance of the W ork, or required to protect the Work from weather damage. 8.2.11 Cost to the Construction Manager of temporary safety-related protection including barricades and safety equipment, temporary roads and parking, dust control, pest control, installation and operation of temporary hoists, scaffolds, ladders and runways, and temporary project signs and costs of permits and fees pursuant to the General Conditions of the Contract. 8.2.12 Cost of watchmen or similar security services. 8.2.13 Cost of surveys, measuremen#s and layout work reasonably required for the execution of the Work or the requirements of the Agreement. 8.2.14 Cost of preparation of shop drawings, coordination plans, photographs, or as-built documents not included in Trade Contracts. 8.2.15 All costs for reproduction of documents to directly benefit the work. 8.2.16 Costs directly incurred in the performance of the Work and not included in the Construction Manager's Fee as set forth in Paragraph 7.2, herein. $.2.17 Cost, including transportation and maintenance, of al! materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen which are employed or consumed in the performance of the Work. 8.2.18 Rental charges of all necessary machinery and equipment, including hand tools used in the performance of the Work, whether rented from the Construction Manager or others, including installation, repairs and replacements, dismantling, removal, costs of lubrication, transportation and delivery costs thereof. 8.2.19 Costs associated with setting up and demobilizing tool sheds, temporary fences, temporary roads, and temporary fire protection. ARTICLE 9 - Changes in the Work 9.1 The Owner, without invalidating this Agreement, may order changes in the Work A- 14 within the general scope of this Agreement consisting of additions, deletions, or other revisions. AI! changes in the Work shall be authorized as described in the General Condition of the Contract. Except in cases of emergency endangering life or property, the Construction Manager shat! allow no Changes in the Wark without the prior written approval of the Owner. ARTICLE 10 -Discounts 10.1 A!! quantity discounts shall accrue to the Owner. All trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment shall be credited to the Owner. ARTICLE 11 -Insurance 11.1 The Construction Manager shall provide insurance as required by the General Conditions of the Contract. 11.2 The Owner may elect to purchase insurance under an Owner Provided or Controlled insurance Program, Master Contractor lnsurance Program, Municipality Controlled lnsurance Program or a Contractor Controlled Insurance Program, in which case the Construction will provide coordination with the Owner and the Owner's insurance broker, as required. The Owner will inform the Construction Manager of its intention regarding insurance in sufficient time before the execution of the Guaranteed Maximum Price amendment to allow the Construction Manager to arrange for insurance and include the costs in the GMP, if necessary. 11.3 For insurance coverage, if provided by the Owner in accordance with Paragraph 11.2 above, the Owner shall provide insurance in effect from the issuance of the Notice to Proceed with the Work until Final Completion of the Work, and the Construction Manager shall ensure that each Trade Contractor and Sub-subcontractor are insured under the Owner's insurance programs, in accordance with this Article. ARTICLE 12 -Contract Time: Liquidated Damages 12.1 The work will be substantially completed within calendar days from the date of the issuance of the Notice to Proceed, and completed and ready for final payment in accordance with paragraph 15.13 of the General Conditions within calendar days from the date of Substantial Completion. 12.2 Liquidated Damages. The Owner and Construction Manager recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 12.1 above, plus any extensions thereof allowed in accordance with Artic{e 13 of the General Conditions. They also recognize that the actual loss suffered by the Owner if the Work is not completed on time is not readily ascertainable at the time of entering this Contract. Accordingly, instead of requiring any such proof, the Owner and Construction Manager agree that as A-15 liquidated damages for delay (but not as a penalty) Construction Manager shall pay the Owner, one thousand dollars ($1,000) for each day that expires after the time specified in paragraphs 12.1 for substantial completion until the Work is substantially complete. After Substantial Completion if Construction Manager shall neglect, refuse or fail fo complete the remaining Work within the Contract Time or any proper extension thereof granted by the Owner, Construction Manager shall pay Owner, five hundred dollars ($00.00}for each day that expires after the time specified in paragraph 12.1 for completion and readiness forfinal payment. Construction Manager expressly acknowledges that such sum is not payable as a penalty but as liquidated damages representing a reasonable es#imate of delay damages, inconvenience and additional overhead and costs likely to be sustained by the Owner, estimated at the time of executing the Contract. if the owner reasonably believes in its discretion that Substantial Completion will be delayed, it shall be entitled, bu# not required to withhold from any amounts otherwise due the Construction Manager an amount fihen believed by the Owner to be adequate to recover liquidated damages applicable to such delays. Partial use or occupancy of the Work shall not result in the Work deemed substantially completed, and such partial use or occupancy shall not be evidence of Substantial Completion. It shall be understood and agreed that the liquidated damages referred to herein serves to compensate Owner for the loss of use of the Project and does not include the cost to Owner of expenses relating to professional services, consulting fees permit fees, renewals, utilities, taxes and the like necessitated or incurred due to the extended project duration. ARTICLE 13 - No Damages For Delay 13.1 Ali time in the Contract Documents is calculated on a consecutive calendar day basis. 13.2 Time is of the essence in this Contract, and any breach of same shall go to the essence hereof, and Construction Manager, in agreeing to complete the Work within the time herein mentioned, has taken into consideration and made allowances for all reasonable hindrances and delays incident to his work. 13.3 Construction Manager agrees to commence the Work when directed by the Owner and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project by other trades so that the Owner shall not be delayed by any act or omission of Construction Manager in completion of the Project within the time specified above. 13.4 Construction Manager shall not be entitled to any claim for damages on account of hindrance or delays from any cause whatsoever, but if caused by any act of God or active interference on the part of the Owner, such act, hindrance or delay may only entitle the Construction Manager to receive an extension of time as its sole and exclusive remedy, as set forth in Article 13 of the Contract General Conditions. 13.4.1 Any extension of time to complete the Work shall be determined by the Architect/Engineer provided the Construction Manager provides Architect/Engineer and A-16 Owner with notice in writing of the cause of said act, hindrance or delay within twenty (20} days after its occurrence. 13.4.2 In the event the request for extension is not made in writing within that twenty (20) day time period, Construction Manager acknowledges and agrees it has forever waived any and all rights to such an extension. 13.4.3 Alf extensions of time shall be authorized only by a written change order executed by the Owner, Architect/Engineerond Construction Manager; in the absence of a written and fully executed change order, Construction Manager shall not be entitled to any claim for additional time. 13.4.4 This "no damage for delay" provision shall encompass any damages far delay, acceleration or disruption even if the Construction Manager completes construction of the Work in a timely fashion in accordance with this Contract. 13.4.5 Damages as referenced in this "no damage for delay" provision shall include any type of damages that are or could be awarded by any court ar arbitration panel such as, by way of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and/or punitive damages. 13.4.6 The Construction Manager recognizes and specifically acknowledges the terms and conditions of this "no damage for delay" clause upon execution of this Contract. ARTICI..E 14 - Contract Documents The Contract Documents which comprise the entire agreement between the Owner and Construction Manager concerning the Work consist of the following: 14.1. Request for Proposals. 14.2. Construction Manager's Proposal. 14.3. This Agreement. 14.4. Exhibits to this Agreement. 14.5. Florida Performance Bond. 14.6. Florida Payment Bond. 14.7. Certificates of Insurance. 14.8. Notice of Tentative Award. A-17 14.9. Notice to Proceed. 14.10. Certificate of Substantial Completion. 14.11. Warranty of Title. 14.12. Final Receipt. 14.13. General Conditions. 14.14. Supplemental General Conditions as listed in TABLE OF CONTENTS thereof. 14.15. Technical Specifications as listed in TABLE OF CONTENTS thereof. 14.16. Drawings, consisting of cover sheet and sheets numbered _ through _, with each sheet bearing the following general title: City of Delray Beach Project No. 2004-051 14.17. Addenda number _ to _, inclusive. 14.18. Documentation submitted by CONTRACTOR prior to Notice of Tentative Award (pages to ,inclusive). 14.19. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: Ai! Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pur- suant to paragraphs 4.4 and 4.5 of the General Conditions. 14.20. The documents fisted in paragraph 14.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 14. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 4.4 and 4.5 of the General Conditions. ARTICLE 15 - Indemnity In consideration of Ten Dollars ($10.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, Construction Manager agrees to defend, indemnify and hold harmless the Owner, their agents and employees in accordance with paragraph 7.28 of the General Conditions which is incorporated herein and made a part A-18 hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnifica#ion complies with Florida Statutes 725.06, as amended. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefore. ARTICLE 16 -Reimbursement of ArchitectlEngineer Exaenses Should the completion of this Contract be delayed beyond the specified or adjusted time limit, Construction Manager shall reimburse the Owner for all expenses of consulting and inspection incurred by the Owner during the period between said specified or adjusted time and the actual date of final completion. All such expenses far consulting and inspection incurred by the Owner wiU be charged to Construction Manager and be deducted from payments due Construction Manager as provided by this Contract. Said expenses shall be further defined as Architect/Engineer charges associated with the construction contract administration, including resident project representative costs. ARTICLE 17 -Weather Protection The Construction Manager shat! ascertain what temporary enclosures, if any, of building areas should be provided for and may be provided as a practical matter, in order to assure orderly progress of the work in periods when extreme weather conditions are likely to be experienced. He shall submit to the Construction Team his recommendations as to needed requirements of this nature and as to the contract or contracts in which they should be included. ARTICLE 18 -Warrant The Construction Manager shall warrant that all materials and equipment included in the Work will be new except where indicated otherwise in the Contract Documents, and that the Work will be of goad quality, free from improper workmanship and defective materials and in conformance with the Drawings and specifications. With respect to the Work, the Construction Manager further agrees to correct all work found by the Ownerta be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of one year from the Date of Final Completion ar for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications. The Construction Manager steal! collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents. Also, the Construction Manager shall conduct, jointly with the Owner and the Architect/Engineer, a warranty inspection eleven (11) months after the date of Final Completion. ARTICLE 19 -Subcontractors The Construction Manager shall request and receive proposals from Sub-Contractors and suppliers and will award those contracts to the qualified low bidder after he has reviewed each proposal and is satisfied that the Sub-Contractor is qualified to perform the work. A- l 9 19.3 Required Sub-Contractors' Qualifications and Subcontract Conditions 19.3.1 Subcontractual Relations By an appropriate written agreement, the Construction Manager shall require each Sub- contractor tothe extent of the work to be performed by the Sub-Contractor, to be bound to the Construction Manager by the terms of the Contract Documents, and to assume toward the Construction Manager all the obligations and responsibilities which the Construction Manager by these Documents, assumes toward the Owner and the Architect/Engineer. Said agreements shall preserve and protect the rights of the Owner and ArchitectlEngineer under the Contract Documents with respect to the Work to be performed by the Sub- contractor so that the subcontracting thereof will not prejudice such rights. Where appropriate, the Construction Manager shall require each Sub-Contractor to enter into similar agreements with his Sub-Subcontractor. The Construction Manager shall make available to each proposed Sub-Contractor, priorto the execution of the Subcontract, copies of the Contract Documents to which the Sub- contractor will be bound by this Article 19.3 and identify to the Sub-Contractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Sub-Contractor shall similarly make copies of such Documents available to his Sub-Subcontractors 19.3.2 Subcontract Requirements On subcontracts where the bid exceeds $100,000, the Construction Manager steal! require Sub-Contractors to provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance. if the Construction Manager wishes to award subcontracts to subcontractors unable to supply this bonding, he shalt request special authorization by the owner to do so. Upon providing justifiable background information, such authorization shall not be withheld unreasonably. Subcontract bidders must submit experience, bonding capability and financial condition. The Sub-Contractors experience, banding capability and financial condition must demonstrate that adequate assets and equipment are available to properly perform the subcontract. 19.3.3 Sub-Contractor experience The Sub-Contractor must have successfully completed no less than two projects of similar size and complexity within the last five years. 19.3.4 Supervision The Sub-Contractor must agree to provide field (on-site} supervision through a named superintendent for each trade (general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in the subcontract. In addition, the Sub-Contractor sha11 assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the Sub-Contractor (including field superintendent, A-20 foreman and schedulers at ail levels) must have been employed in a supervisory (leadership} capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Sub-Contractor shall include a resume of experience for each employee identified by him to supervise and schedule his work. 19.3.5 All subcontracts shall provide: a. LIMITATION OF REMEDY - NO DAMAGES FOR DELAY That the Sub-Contractors exclusive remedy for delays in the performance of the contract caused by events beyond its control, including delays claimed to be caused by the Owner or ArchitectlEngineer or attributable to the Owner or ArchitectlEngineerend including claims based on breach of contract or negligence, shall be an extension of its contract time. 1n the event of a change in the work the Sub-Contractors claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 15% for overhead and profit and band costs. Each subcontract shall require the Sub-Contractor to expressly agree that the foregoing constitute the sole and exclusive remedies far delays and changes in the work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. b. Each subcontract shall require that any claims by Sub-Contractor for delay or additional cost must be submitted to Construction Manager within the time and in the manner in which the Construction Manager must submit such claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. 19.4 Responsibilities for Acts and Omissions The Construction Manager shall be responsible to the Owner for the acts and omissions of his employees and agents and his Sub-Contractors, their agents and employees, and al( ether persons performing any of the work or supplying materials under a contract to the Construction Manager. ARTICLE 20 - Termination of the Agreement and Owner's Right to Perform Construction Manager's Obligations 20.1 Termination by the Construction Manager If the Project is stopped for a period of thirty (30}days under an order of any court or other pub{ic authority having jurisdiction ar as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through na act or fault of the Construction Manager, or the Owner fails to perform its material obligations to the Construction Manager for a period of sixty (60} days after receiving notice from the Construction Manager of its intent to terminate hereunder, then the Construction Manager may, upon seven days written notice to the Owner, terminate performance under this Agreement by written notice to the Owner and the Architect/Engineer. In such event, the Construction Manager shall be enfitled to recover from the Owner as though the Owner A-21 had terminated the Construction Manager's performance without cause pursuant to the terms and conditions of this Agreement. 20.2 Owner's Right to PerFarm Construction Manager's Obligations and Termination by Owner for Cause 1. If the Construction Manager fails to perform any of his obligations under this Agreement, the Owner may, after seven {7) days written notice during which period the Construction Manager fails to perform such obligation, make goad such deficiencies. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. 2. If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule {failure to maintain schedule shall be defined as any activity on the critical path that falls forty-five {45}days or mare behind schedule) which has been adopted by the Construction Team, or if he fails to make prompt payment to Sub-Contractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven {7) days written notice, during which period Construction Manager fails to commence to cure the violation, terminate the employment of the Construction Manager and #ake possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Construction Manager, and may finish the Project by whatever method Owner may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligatians assumed under Article 6. Reasonable termination expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager. 3. If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager still fails to allow access, terminate the employment of the Construction Manager and take possession of the site and of all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statute and all materials, equipment, tools, construction equipment and machinery thereon, owned by the Construction Manager, and may finish the project by whatever method he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations A-22 assumed under Article 6. Reasonable termination expenses incurred by the Owner maybe deducted from any payments left owing the Construction Manager. 4. If the Owner is unable to obtain ownership of all parcels required for this project, as determined by Owner, in its sole discretion, then Owner may terminate this Agreement upon ten (10) days written notice. Owner shall pay Construction Manager only for the fees and costs incurred by the Construction Manager through the date of termination. 20.3 Termination by Owner Without Cause 1. If the Owner terminates this Agreement without cause, he shall reimburse the Construction Manager for any unpaid Cost of the Project due him under Article 7, plus that part of the unpaid balance of the Construction Phase Fee in an amount as will increase the payment on account of his fee to a sum which bears the same ratio to the Construction Phase Fee as the Cost of the Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the Owner's Construction Budget. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement the Owner shall further assume and become liable for obligations, commitments and unsettled contractual claims that the Construction Manager has previously undertaken or incurred in good- faith in connection with said Project. The Construction Manager shalt, as a condition of receiving the payments referred to in this Article 20, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Construction Manager under such obligations or commitments. 2. After the establishment of the Guaranteed Maximum Price or at the completion of the Design Phase, if the final cost estimates or lack of legislative funding make the Project no longer feasible from the standpoint of the Owner, the Owner may terminate this Agreement and pay the Construction Manager his proportionate fee due for preconstruction services plus any costs incurred. ARTICLE 21 -Assignment and Governing Law 21.1 Neither the Owner nor the Construction Manager steal( assign his interest in this Agreement without the written consent of the other. 21.2 This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County. ARTICLE 22 -Miscellaneous 22.1. Terms used in this Agreement which are defined in Article 1 of the General Con- ditions and Article 1 of this Agreement will have the meaning indicated. A-23 22.2. The Owner and Construction Manager each binds itself, its partners, its successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 22.3 Interest. Any monies not paid when due to either party under this contract shall not bear interest except as may be required bylaw. 22.4 Criminal Acts. Employment by any Construction Manager of any employees or Trade Contractors hired by the Construction Manager with multiple felonies will nat be tolerated. The Construction Manager must provide documented proof of efforts to comply with this requirement. The Owner may declare any non-compliance or lack of diligent effort by the Construction Manager to comply as a breach of contract and immediately terminate the services of the Construction Manager. 22.5 The agreement shall be void if not signed by both the Owner and the Construction Manager. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as ofthe day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH By: Approved as to Form: City Attorney WITNESSES: {Name Printed or Typed) (Na1ne Printed or Typed) Mayor By: A-24 5TATE OF _ COUI~TTY OF The foregoing instrument was acknowledged before me this .day of , 200, by as {name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. CERTIFICATE (if Corporation} STATE OF FLORIDA } SS COUNTY OF } I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_ the following resolution was duly passed and adopted: "RESOLVED", that as President of the corporation, be he/she is hereby authorized to execute the Agreement dated , 20 , between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the corporation and with corporate sea! affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official sea{ of the corporation this day of (Secretary} 20, (Corporate Seal) A-25 SURETY PERFORMANCE AND PAYMENT BOND Bond No: By this Bond, We The Weitz Compnay, L.L.C., as Principal; whose principal business address and phone number are , as Contractor under the contract dated , 20 .between Principal and the City of Delray Beach, whose principal address and phone number are far the construction of Project No, 2004-05'!, more particularly described as Seacrest Soccer Complex and located at 2505 N. Seacrest Blvd., Delray Beach, Florida (hereinafter referred to as "Contract"}the terms of which Contract are incorporated by reference in its entirety into this Bond and , as Surety, whose principal business address and telephone number are the sum of (U.S. dollars} $ ,for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that Principal: 1. Performs, al! the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made a part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and all damages for delay; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1 } Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and 3. Pays City all losses, damages, including damagesfordelay, expenses, costs and attorneys fees, including appellate proceedings, tha# City sustains because of a default by Principal under the Contract, including but not Limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within 5 years after completion of the work under the Contract; and 4. Per#orms the guarantee of all work and materials furnished under the contract far the time specified in the Contract, including ail warranties and curing all latent defects within 5 years after completion of the work under the Contract; then this bond is void; otherwise it remains in full force. In the event that Principal shall fail to comply fully with, carry out and perform the terms and conditions of the Contract the Surety, following receipt of a written demand by the Obligee to correct Principal's de#ault(s), and having failed to correct such default (s) within a reasonable time ,shall be deemed to be in default fifteen days after receipt of an additional written demand by the Obligee to correct the Principal's default, and the Obligee shall be entitled to enforce any remedy against Surety available to the Obligee including, but not limited to recovery of damages for the Surety's delay. PRS & PYB-1 if no specific periods of warranty are sta#ed in the Contract for any particular item or work, material or equipment, the warranty sha(! be deemed to be a period of one (I}year from fihe date of final acceptance by the City. This Bond does not limit the City's ability to pursue suits directly with the Principal seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations found in Section 95.11(3)(c), Florida Statutes. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety`s obligation under this Bond. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the day of 20_. CONTRACTOR (Contractor Name) BY: {President) (Managing Partner or Joint Venturer) (SEAL) COUNTERSIGNED BY RESIDENT SURETY: FLORIDA AGENT OF SURETY: Name: (Copy of Agent's current Identification Card as issued by State of Florida Insurance Commissioner must be By: Attached) (CORPORATE SEAL) Name Attorney-in-Fact PRB & PYB-2 LtM[TED POWER OF ATTORNEY The Weitz Company, L.L.C and (Principal) (Surety) hereby grants the City Clerk of the City of Delray Beach Power of Attorney to insert the date of execution on the contract, surety bonds to the contract and agreement entitled, In Witness Whereof, we have hereun#o set our hand and seal this day of 20 Principal (SEAL) Witnesses: Surety (SEAL} Print Name: Print Name: STATE OF _ COUNTY OF CORPORATE ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this day of , 20____, by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a {s#ate or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) {or has produced identification) (type of identification) (as identification). Signature and Stamp of Notary Public LPA-1 CERTIFICATE OF SUBSTANTIAL COMPLETION Seacrest Soccer Complex City of Delray Beach Project No. 2004-051 CONTRACTOR: CONTRACT DATE: This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: TO: City of Delray Beach, Florida AND TO. The Weitz ComganV, L.L.C {CONTRACTOR) The Work to which this Certificate applies has been inspected by authorized representatives of the CITY, CONTRACTOR and CONSULTANT, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on: {Date of Substantial Completion) A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of Substantial Completion. The responsibilities between the CITY and CONTRACTOR for security, operation, safety, main#enance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: CITY: CONTRACTOR: The Weitz Company, L.L.C The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of W ork not in accordance with the Contract documents nor is i# a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. CSC-1 Executed by CONSULTANT on , 20 $y: Title: CONTRACTOR accepts this Certificate of Substantial Completion on: 20 By: _ Title: The CITY accepts this Certificate of Substantial Completion on: 20_ By: _ Title: CSC-2 WARRANTY OF TITLE (For Periodic Progress Payments) STATE OF FLORIDA ) SS CONTRACTOR: The Weitz Company, LL.C COUNTY ) Seacrest Soccer Complex City of Delray Beach Project No. 2004-059 BEFORE ME, the undersigned authority, personally appeared (the "Affiant"), who after being duly sworn, says that he is the "CONTRACTOR", pursuant to a Contract (the "Contract") dated , 20 ,with the CITY OF DELRAY BEACH, FLORIDA, (the "OWNER"), for the supply of certain labor andlor materials (the "Work"), to certain property, as shown and described in the Contract Documents, subsequent Addenda or Change Orders, and on behalf of the Contractor makes the following warranties: The CONTRACTOR warrants that it has fully completely in accordance with the plans and specifications therefor, that portion of the Work, pursuant to the Contract {the "Completed Work") covered by the attached Periodic Progress Payment Request. The CONTRACTOR further warrants and represents that: All subcontractors, vendors, material men, suppliers and other parties of whatever kind of nature who are entitled to payment from the CONTRACTOR far providing labor and/or materials to the CONTRACTOR pursuant to the Contract as of the date in the last previous request for payment have been paid in full and therefore have delivered to the CONTRACTOR validly executed Partial Release of claims with respect thereto. 2. Title to all materials and equipment covered by the attached Periodic Pay Request for Payment dated , 20_, passes to the City at the time of payment free and clear of all liens. (Contractor) (Signature {Title SWORN TO AND SUBSCRIBED before me this day of 2©_ Signature and Stamp of Notary Public WT-1 FINAL RECEIPT STATE OF FLORIDA COUNTY OF being first duty sworn, deposes and says as follows: 1, He/she is of The Weitz Company, L.LC (Title) (Name of Corporation or Firm) a corporation which is named in Construction Contract dated the day of , 20 ,between said corporation as the CONTRACTOR and the CITY OF DELRAY BEACH, FLORIDA (the CITY) as the OWNER for the construction of: Seacrest Soccer Complex City of Delray Beach Pro}ect No. 2044-051 2. CONTRACTOR has fully completed all construction and work under the Contract and Title to aA work. materials and equipment under the Contract passes to the CITY at the 6me of final payment, free and clear of all liens, and all labors, and material men and subcontractors have been paid in full for performing or furnishing the work, labor or materials under the Contract. 3. Receipt by CONTRACTOR of the final payment from CITY in the amount $ shall constitute a full release and d'sscharge by CONTRACTOR to the CITY of all claims or liens of CONTRACTOR against OWNER arising out of, connected with, or resulting from performance of the Contract, including full payment for all extra work and material furnished by the undersigned in the construction of said improvements. 4. The undersigned further certifies thaf alt non-exempt taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act}, as amended, have been paid and discharged. 5. This statement under oath is given in compliance with Sections 713.05 and 713.06, Florida Statutes. Affiant Contractor Signed and sealed in the presence of : By: Print Name: Title: Sworn to and subscribed before me this day of Signature and Stamp of Notary Public 20~ FR-1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT FOR THE CITY OF DELRAY BEACH, FLORIDA TABLE OF CONTENTS OF GENERAL CONDITIONS ART GC NO. TITLE PAGE NO. 1. DEFINITIONS 5 2. THE WORK 8 3. PRELIMINARY MATTERS 10 Delivery of Documents 10 Copies of Documents 10 Commencement of Contract Time; Notice to Proceed 10 Starting the Project 10 Before Starting Construction 10 Preconstruction Conference 12 Finalizing Scheduling 12 4. CONTRACT DOCUMENT; INTENT AMENDING; REUSE 12 Intent 12 Amending and Supplementing Contract Documents 14 Reuse of Documents 14 5. AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 14 Availability of Lands 14 Physical Conditions 15 Physical Conditions--Underground Facilities 17 Reference Points 18 6. BONDS AND INSURANCE 19 Bonds 19 Contractor`s Insurance 20 GC- I ART GC NO. TITLE PAGE NO, 7. CONTRACTOR'S RESPONSIBILITIES 23 Supervision and Superintendence 23 Labor, Materials and Equipment; Hours of Work 24 Adjusting Progress Schedule 24 Substitutes or "Or-Equal" Item 24 Concerning Subcontractors, Suppliers and Others 26 Patent Fees and Royalties 27 Permits 27 Laws and Regulations 28 Taxes 28 Use of Premises 28 Record Documents 29 Safety and Protection 29 Emergencies and Precautions During Adverse Weather 30 Shop Drawings and Samples 31 Continuing the Work 32 Indemnification 33 8. OTHER WORK 33 Related Work at Site 33 Coordination 34 9. THE CITY'S RESPONSIBILITY 34 10. CONSULTANT'S STATUS DURING CONSTRUCTION 35 City's Representative 35 Visits to Site 36 Project Representation 36 Clarifications and Interpretations 39 Authorized Variations of Work 39 Shop Drawings, Change Orders and Payments 40 Determination for Unit Prices 40 Decisions on Disputes 40 Limitations on Consultant's Responsibilities 41 GC-2 ART GC NO. TITLE PAGE NO. 11. CHANGES IN THE WORK 41 12. CHANGE OF CONTRACT PRICE 43 Cost of the Work 44 Contractor's Fee 47 Cash Allowances 47 Unit Price Work 48 Omitted Work 48 13. TIME AND DELAYS 49 14. WARRANTY AND GUARANTEE; TEST AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 50 Access to Work 50 Tests .and Inspections 51 Uncovering Work 51 City May Stop the Work 52 Correction or Removal of Defective Work 52 One Year Correction Period 52 City May Correct Defective Work 53 15. PAYMENTS TO CONTRACTOR AND COMPLETION 54 Application for Progress Payments 54 Contractor's Warranty of Title 55 Review of Applications for Progress Payment 55 Substantial Completion 57 Partial Utilization 58 Final Inspection 59 Final Applica#ion for Payment 59 Final Payment and Acceptance 60 Contractor's Continuing Obligation 61 16. SUSPENSION OF WORK AND TERMINATION 61 City May Suspend Work 61 City May Terminate 61 Contractor May Stop Work or Terminate 63 GC-3 ART GC NO. TITLE PAGE NO. 17. MISCELLANEOUS 63 Giving Notice 63 Computation of Time 64 No Limitation of Rights and Remedies 64 Accident and Prevention 64 Florida Products and Labor 85 Employees 65 Non-Discrimination 65 Drug-Free Workplace 65 Assignment 6fi Venue fib Asbestos 66 Right to Audit 66 GC-4 GENERAL CONDITIONS ARTICLE I -DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: ADDENDA -Written or graphic instruments, explanations, interpretations, changes, corrections, additions, deletions or modifications of the contract documents issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. AGREEMENT -The written agreement between the CITY and CONTRACTOR covering the Work to be performed; when other Contract Documents are attached to the Agreement, they become a part of the contract. The Agreement is also referred to as the Contract. APPLICATION FOR PAYMENT -The form accepted by CONSULTANT which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. BID -The offeror proposal of the bidder submitted on the prescribed farm setting forth the prices for the Work to be performed, properly signed or guaranteed. BONDS -Bid, Performance and Payment bonds and other instruments which protect against loss due to inability, failure or refusal of the CONTRACTOR to perform the work specified in the contract documents. CALENDAR DAY - A calendar day of 24 hours measured from midnight to the next midnight, including Saturdays, Sundays and holidays and regardless of the weather. CHANGE ORDER - A document recommended by CONSULTANT which is signed by the CONTRACTOR and the CITY which authorizes an addition, deletion, or revision in the work, or an adjustment in the Contract Price or Contract Time, issued on or after the execution of the Agreement. Change Orders must be in writing and verbal agreements of any matter are expressly excluded from any definition. CITY -The City of Delray Beach, Florida, a Florida municipal corporation, its authorized and legal representatives, the public entity with whom the Contractor has entered into the agreement and for whom the work is to be provided. CONSTRUCTION SUPERINTENDENT -The construction superintendent shall be in attendance at the project site during performance of the Work and shall represent the CONTRACTOR. Communications given to the construction superintendent or decisions GC-5 made by the construction superintendent shall be as binding as if given to or made by the CONTRACTOR. Important communications or decisions shall be confirmed in writing. Other communications or decisions shall be similarly confirmed by written request in each case. CONSULTANT(S) -City of Delray Beach Environmental Services Dept., Engineering Division or its authorized agents, inspectors or representatives acting within the scope of duties entrusted to them by the CITY. CONTRACT DOCUMENTS -The Advertisement for Bids, Instructions to Bidders, Proposal, Bid Bond, Agreement, Payment Bond, Performance Bond, Certificate of Insurance, Notice of Tentative Award, Notice to Proceed, Certificate of Substantial Completion, Warranty of Title, Final Receipt -Release of Lien, General Conditions, Supplemental General Conditions, Technical Specifications, Contract Drawings, Addenda and Change Orders executed pursuant to the Contract Documents. CONTRACT PRICE -The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Documents which can be modified only by written change order. CONTRACT TIME -The number of successive calendar days stated in the Contract Documents for the completion of the Work. CONTRACTOR -The-person, firm, or corporation with whom the CITY has executed the Agreement to furnish the Work called for in the Contract Documents and its representatives, agents, employees, officers, directors and all others affiliated therewith. DEFECTIVE WORK - Wark determined by the City or Consultant to be_unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspecfion, reference standard, test, or approval referred to in the Contract Documents; or Work that has been damaged prior to the CONSULTANT'S recommendation of final payment. DRAWINGS -The drawings, plans, maps, profiles, diagrams, and other graphic representations which show character, focatian, nature, extent and scope of the Work, which have been prepared or approved by CONSULTANT and which are considered part of the Contract Documents. EFFECTIVE DATE OF THE AGREEMENT -The date indicated in the Agreement, but if no such date is indicated it means the date on which the Agreement is signed by the last of the two parties to sign the Agreement. FIELD ORDER - A written order by the CONSULTANT that does not impact the cost ar time of performance of the Work and far which no increase in Contract Sum or Contract Amount shall be permitted. GENERAL REQUIREMENTS -Division 1 of the Technical Specifications, GC-6 LAWS AND REGULATiONS• LAWS ORREGULATIONS -Laws, rules, codes, regulations, ordinances and/ar orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations. NOTICE OF TENTATIVE AWARD -The official written notice by the CITY to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein within the time specified, the CITY may enter into an Agreement for the price specified in the Bid. NOTICE TO PROCEED -The written notice issued by the CITY, or its agents, to the CONTRACTOR requiring the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time. PARTIAL UTILIZATION - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. PROJECT -The entire construction to be performed as provided in the Contract Documents. RESIDENT PROJECT REPRESENTATIVE (RPR) -The resident project representative, shall be in attendance at the project site during performance of the Work and shall represent fihe CITY directly or through the CONSULTANT. Responsibilities of the RPR are further defined in Paragraph 10.3 of these General Conditions. SHOP DRAW INGS -All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for the CONTRACTOR to illustrate some portion of the Work, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the CONTRACTOR to illustrate material or equipment for some portion of the Work. SPECIFICATIONS - (Same definition as for Technical Specifications hereinafter). SUBCONTRACTOR - An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. SUBSTANTIAL COMPLETION -The Work (ar a specified part thereof} has progressed to the point where, in the opinion of CONSULTANT as evidenced by CONSULTANT'S definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. When the entire Project is considered to be Substantially Complete, this does not constitute Final Acceptance or Final Completion of the entire Project. Substantial Completion cannot occur in the absence of CONSULTANT'S express written approval of such. GC-7 SUPPLEMENTARY CONDITIONS -The part of the Contract Documents which amends or supplements these General Conditions. SUPPLIER - A manufacturer, fabricator, supplier, distributor, materialman or vendor. SURETY- Any person, firm or corporation which is bound by bid or contract bond with and for the CONTRACTOR. TECHNICAL SPECIFICATIONS -Those portions of the Contract Documents consisting of the General Requirements and written technical descriptions of products and execution of the Work. UNDERGROUND FACILITIES -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities ar attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water supply or distribution, sewage and drainage removal, traffic or other control systems. UNIT PRICE WORK - Work to be paid for on the basis of unit prices rather than on alump- sum basis. WORK -The totality of any and all obligations, duties and responsibili#ies necessary to the successful completion of the Project assigned to or undertaken by the CONTRACTOR under the Contract Documents, whether completed or partially completed, including all tabor, materials, equipment and other incidentals and the furnishing thereof. WORK DIRECTIVE CHANGE - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by the CITY and recommended by the CONSULTANT, ordering an addition, deletion or revision in the Work, or which references an emergency or unforeseen physical conditions under which the Work is to be performed. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. WRITTEN AMENDMENT - A written amendment of the Contract Documents, signed by the CITY and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2- THE WORK 2.'i The CONTRACTOR shall perform all of the Work required by the Contract Documents and shall provide materials, supplies, tools, equipment, labor, and services directly related to the Work, and steal! perform the Work in a good and workmanlike GG8 manner with sufficient manpower to perform the Work in accordance with the time requirements set forth in the Contract Documents, and shall perform ail other acts and supply all other things necessary to complete the Work in strict accordance with the Contract Documents. 2.2 When completed the Work shall conform to the requirements of the Contract Documents and be completely ready for occupancy and finally completed. 2.3 The CONTRACTOR represents and warrants that: 2.3.1 It is financially solvent and has sufficient working capital to perform obligations under this Construction Contract; 2.3.2 It is experienced and skilled in the construction of the type of project described in this Contract Document; 2.3.3 It is able to provide the labor, materials, equipment and machinery necessary to complete the Work for the agreed upon price; 2.3.4 It is a fully licensed under all applicable laws and authorized to do business in the State of Florida in the name of the entity identified as the "CONTRACTOR" in the Construction Contract; 2.3.5 It has visited the jobsite and examined its nature and location, including without limitation: the surface conditions of the site and any structure or obstruction both natural or man-made; the surface water conditions and waterways of the site and sur- rounding area; the subsurface conditions of the land as disclosed by soil test borings; and the location of electric and utility lines and water, sanitary, sewer and storm drain lines. The Contract acknowledges receipt and has reviewed the site geotechnical report as provided by the CITY. 2.3.6 It will comply with all federal, state and local government laws, rules regulations and building codes relating to its responsibilities as set forth in the Contract Documents. GC-9 ARTICLE 3 -PRELIMINARY MATTERS DELIVERY OF DOCUMENTS: 3.1. When the CONTRACTOR delivers the signed Agreements to the CITY, the CONTRACTOR shall also deliver to the CITY such Bonds and Insurance Policies, Certificates or other documents as the CONTRACTOR may be required to furnish in accordance with the Contract Documents. COPIES OF DOCUMENTS: 3.2. The CITY shall furnish to CONTRACTOR five copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents or as are reasonably necessary for the execution of the Work. Additions[ copies will be furnished, upon request, at the cost of reproduction. COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED: 3.3. The Contract Time will commence to run on the day indicated in any Notice to Proceed. A Notice to Proceed may be given at any time within sixty days after the Effective Date of the Agreement. STARTING THE PROJECT: 3.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract time commences to run. BEFORE STARTING CONSTRUCTION: 3.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shat[ promptly report in writing to CONSULTANT any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding with any Work affected thereby; CONTRACTOR shall have a continuing obligation to the promptly report any conflicts, errors, ambiguities or discrepancies in the Contract Documents to the CONSULTANT over the duration of the Project. 3.5.1 The CONTRACTOR and Subcontractor have fully examined and compared a[I Drawings, Specifications and other Contract Documents and have compared and reviewed all general and specific details on the Drawings and the various technical and administrative requirements of the Specifications. 3.5.2 With respect to all construction materials, labor, methods, means, techniques and sequence of procedures required to carry out the Work or safety precautions and GC-10 programs required in connection with carrying out the Work, ail conflicts, discrepancies, errors and omissions that CONTRACTOR is aware of as a result of the examination and comparison of the Contract Documents have been either corrected or clarified to the satisfaction of the CONTRACTOR prior to execution of this Construction Contract. 3.5.3 The Contract Sum is reasonable compensation and represents the total lump sum cost for the Work and that all systems and Work shall be functional and in accordance with the requirements of the Contract Documents. 3.5.4 The Contract Time is adequate for the performance of the Work. 3.5.5 The CONTRACTOR is responsible for ail means, methods, techniques and' sequencing of construction. 3.5.6 lf, after execution of this Construction Contract, the CONTRACTOR detects a conflict, discrepancy, error or omission in the Contract Documents then it shall immediately notify CONSULTANT and CITY prior to proceeding with the specific potion of the Work. 3.5.7 CONTRACTOR shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up this Contract and shall immediately give written notice to the CITY and CONSULTANT of any conflict, ambiguity, error or omission which the CONTRACTOR may find with respect to these documents before proceeding with the affected Work. 3.5.8 In the event of a conflict among the Contract Documents, the mast stringent requirement to the CONTRACTOR shall control. 3.6 At the preconstruction conference, CONTRACTOR steal! submit to CONSULTANT for review: 3.6.1, a proposed progress schedule indicating the starting and completion dates of the various stages of the Work; and 3.6.2, a preliminary schedule of Shop Drawing submissions and those shop drawings necessary to begin the work; and 3.6.3. a preliminary schedule of values for all of the Work which wi11 include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis far progress payments during construction. Such prices wiH include an appropriate amount of overhead and profit applicable to each item of Work which wilt be confirmed in writing by CONTRACTOR at the time of submission ;and, 3.6.4. Preconstruction video tapes if required by the technical specifications 3.7. The CONTRACTOR shall not commence construction operations until the construction progress schedule, schedule of values and the shop drawing submission GC-t t schedule described above have been reviewed by the CONSULTANT for general conformance with the Contract documents. Failure of the CONTRACTOR to timely submit the required documents for the CONSULTANT'S review shall not entitle Contractor to an extension of time or additional compensation under any circumstances. After review of the schedules, no deviation shall be made without prior written acceptance by the CITY for general conformance with the Contract Documents. PRECONSTRUCTION CONFERENCE: 3.8. After the Effective Date of the Agreement, but before CONTRACTOR starts Work at the site, a conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by the CITY, CONSULTANT, or CONTRACTOR wiN be held to discuss the schedules referred to in paragraph 3.6, to discuss procedures fior handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Nothing herein shall relieve the CONTRACTOR from the responsibility of contacting local utilities and any other necessary agencies. FINALIZING SCHEDULES: 3.9. At least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, CITY, CONSULTANT and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 3.6. The finalized progress schedule will be acceptable to the CITY as providing an orderly progression of the Wark to completion within the Contract Time, but such acceptance will neither impose on the CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to the CITY as providing a workable arrangement for processing the submissions. The finalized schedule of values wil4 be acceptable to the CITY as to form and substance. ARTICLE 4 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE INTENT: 4.1. The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work, The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the laws of the State of Florida with venue in Palm Beach County, Florida. 4.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereto) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have awell-known technical or trade meaning are used to GC-12 describe Work, materials or equipment such words shat[ be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technics{ society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual. code or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code {whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties or responsibilities of the CITY, CONTRACTOR or CONSULTANT or any of their consultants, agents or employees from thane set forth in the Contract Documents, nor shall it be effective to assign to CONSULTANT'S, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Wark or any duty ar authority to undertake responsibility contrary to the provisions of paragraph 10.15 or 10.16. Clarifications and interpretations of the Contract Documents shall be issued by the CONSULTANT as provided in paragraph 10.4. 4.3. If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall immediately so notify the CONSULTANT, in writing, at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification. In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: 1. Change Order 2. Addenda 3. Agreement 4. Proposal 5. Supp{emental General Conditions 6. Advertisement for Bids 7. Instructions to Bidders 8. General Conditions 9. Technical Specifications 10. Contract Drawings a. Dimensions b. Fu(I Size Details c. Full Size Drawings The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof. GC-13 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS: 4.4. The Contract Documents may be amended to provide far additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 4.4.1. a formal Written Amendment. 4.4.2. a Change Order (pursuant to paragraph 11.4}, or 4.4.3. a Work Directive Change (pursuant to paragraph 11.2). As indicated in paragraphs 11.2 and 12.2, Contract Price and Contract Time may only be changed by a Change Order or by a Written Amendment. 4.5. In addition, the requirements of the Contract Documents maybe supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 4.5.1. a Field Order (pursuant to paragraph 10.5) 4.5.2. CONSULTANT'S approval of a Shop Drawing or sample (pursuant to paragraphs 7.26 and 7.27), or 10.4}. 4.5.3. CONSULTANT'S written interpretation ar clarification {pursuant to paragraph REUSE OF DOCUMENTS: 4.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents, drawings, technical specifications or other documents used on the work; and, they shah not reuse any of them on extensions of the Project or any other project without prior written consent of the CITY and CONSULTANT. ARTICLE 5 -AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS AVAILABILITY OF LANDS: 5.1. The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements far access thereto and such other (ands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid GC-14 for by the CITY, unless otherwise provided in the Contract Documents. CONTRACTOR shall provide for all additional lands and access there#o that maybe required for temporary construction facilities or storage of materials and equipment. 5.1.1. Occupying Private Land: The Contractor shall not (except after written consent from the proper parties) enter or occupy with men, tools, equipment or materials, any land outside the rights-of-way or property of the City. A copy of the written consent shall be given to the CITY. 5.1.2. Work in State, County and City Rights-of-Way and Easements: When the Work involves the installation of sanitary sewers, storm sewers, drains, water mains, manholes, underground structures, or other disturbances of existing features in or across street, rights-of-way, easements, or other property, the CONTRACTOR shall {as the Work progresses} promptly back-fill, compact, grade and otherwise restore the disturbed area to a basic condition which will permit resumption of pedestrian or vehicular traffic and any other critical activity or function consistent with the original use of the land. Unsightly mounds of earth, large stones, boulders, and debris shall be removed so that the site presents a neat appearance. 5.1.3. Work Adjacent to Telephone, Power, Cable TV and Gas Company Structures: In all cases where Work is to be performed near telephone, power, water, sewer, drainage, cable TV, or gas company facilities, the Contractor shall provide written notification to the respective companies of the areas of which Work is to be performed, prior to the actual performance of any Work in these areas. 5.1.4, Use of Public Streets: The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other vehicular and non- vehicular traffic. Any earth or excavated material spilled from trucks shall be removed by the CONTRACTOR and the streets cleaned to the satisfaction of the CITY, the CONSULTANT, the Florida Department of Transportation, or other agency or governmental entity having jurisdiction, as applicable. PHYSICAL. CONDITIONS: 5.2 5.2.1. Explorations and Reports: Where applicable, reference is made in the technical specifications, for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by CONSULTANT in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations, or opinions contained therein or for the completeness for CONTRACTOR'S purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. Except as indicated in the immediately preceding sentence and in paragraph 5.3, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. GC- 15 5.2.2. Existing Structures: Where applicable, reference is made to the technical specifications, for identification of those drawings ofi physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 5.3) which are at or contiguous to the site that have been utilized by CONSULTANT in preparation ofthe Contract Documents. CONTRACTOR may rely upon the general accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR'S purposes including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. Except as indicated in the immediately preceding sentence and in paragraph 5.3, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. However, where the dimensions and locations of existing structures are of critical importance in the installation or connection of new work, the CONTRACTOR shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. There shalt be no additional cost to the CITY for CONTRACTOR'S failure to verify such dimensions and locations, or for inaccurate verifications by CONTRACTOR. 5.2.3. Report of Differing Conditions: If CONTRACTOR believes that: 5.2.3.1. Any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 5.2.1 and 5.3.3 is inaccurate, or 5.2.3.2. Any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 7.22), notify the CITY and the CONSULTANT in writing about the inaccuracy or difference. Should the CONTRACTOR fail to notify the CITY and CONSULTANT within five (5} calendar days of discovering such differing site condition, it waives its right to seek additional time or compensation far such deficiency and is precluded from seeking a change order for such work under any circumstances. 5.2.4. CONSULTANT'S Review: CONSULTANT wilt promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the CITY in writing (with a copy to the CONTRACTOR) of CONSULTANT'S findings and conclusions. 5.2.5. Possible Document Change: if CONSULTANT concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 11 to reflect and document the consequences of the inaccuracy or difference. GC-16 5.2.6. Possible Price and Time Adjustments: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Article 12 and 13. PHYSICAL CONDITIONS -UNDERGROUND FACILITIES: 5.3 5.3.1. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to the CITY or CONSULTANT by the owners of such Underground Facilities or by others. 5.3.1.1. The CITY and CONSULTANT shall not be responsible for the accuracy or completeness of any such information or data; and, 5.3.1.2. CONTRACTOR warrants #hat it has examined the information and data presented and that it is accurate and free from any and all defects, inconsistencies, errors and omissions. Further, the CONTRACTOR shall be responsible for locating all Underground Facilities whether or not shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 7.20, and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 5.3.1.3. Alf water pipes, sanitary sewers, storm drains, force mains, gas mains, or other pipe, telephone or power cables or conduits, pipe or conduit casings, curbs, sidewalks, service sines and all other obstructions, whether or not shown, shall be temporarily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify the owner or occupant of such facilities both before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangements far their disconnection by their owner. The CONTRACTOR shall be responsible for any damage to any such pipes, conduits or cables, and shall restore them to service promptly as soon as the Work has progressed past the point involved. Approximate locations of known water, sanitary, drainage, natural gas, power, telephone and cable TV installations along the route of new pipelines or in the vicinity of new work are shown, but are to be verified in the field by the Contractor prior to performing the work. The CONTRACTOR shall uncover these pipes, ducts, cables, etc., carefully, by hand prior to installing his Work. Any discrepancies or differences found shall be immediately brought to the attention of the CONSULTANT in order that necessary changes may be made to permit installation of the Work. GC-17 5.3.2. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown, nor located by the facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (excep# in an emergency as permitted by paragraph 7.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to the CITY and the CONSULTANT. The CONSULTANT will pramptiy review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 7.20. 5.3.3. CONTRACTOR is expressly limited to an extension of the Contract Time to the extent that they are attributable to the existence of any such Underground Facility CONTRACTOR could not reasonably have been expected to have been aware of. CONSULTANT, in its sole discre#ion, shall determine whether to award an extension of time under such circumstances. Furthermore, should CONTRACTOR fail to provide the CITY and CONSULTANT with written notice of the error, omission or discrepancy in the Underground Facility within five (5) calendar days of discovering such, it waives its right to a time extension for such error, omission or discrepancy. REFERENCE POINTS: 5.4. The CITY shall provide engineering surveys to establish reference points for construction which in CONSULTANT'S judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shalt protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. GC-18 ARTICLE 6 -BONDS AND INSURANCE BONDS: 6.1. CONTRACTOR shall upon delivery of the executed Agreement to the City furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. Each Bond shall be furnished in an amount equal to 100% of the amount of the Contract award. The form and conditions of the Bonds and the Surety shall be acceptable and satisfactory to the CITY and Surety shall be a nationally recognized Surety Company acceptable to the City, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, V.S. Treasury Department, far projects not exceeding {$500,000) five hundred thousand dollars and meet the other requirements of Florida Statutes Section 287.0935 (2001). For projects exceeding five hundred thousand dollars, all bonds shah be placed with sureties with a Best Rating of no less than A-VII. Bands shall be executed and issued by a resident agent, licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, representing such corporate sureties. If the CONTRACTOR is a partnership, the Bond should be signed by each of the individuals who are partners; if a corporation, the Bond should be signed in the correct carporate name by duly authorized officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond should be accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified copy of Power-of-Attorney or other certification of authority where bond is executed by agent, officer or other representative of Contractor or Surety; (c}duly certified extract from by-laws or resolutions of Surety under which Power-of-Attorney, or other certificate of Authority of its agent, officer or representative was issued. 6.2. Ifi the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 6.1., CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 6.1. CONTRACTOR'S failure to timely furnish a substitute surety shall constitute a material breach of the Contract and shall give the CITY the immediate right to terminate the CONTRACTOR for cause in accordance with Article 16 of the Contract General Conditions. GC-19 CONTRACTOR'S INSURANCE: 6.3. General: CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance and furnishing of the Work and CONTRACTOR'S other obligations under the Contract Documents, whether it is to be performed orfurnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. Before starting and during the term of this Contract, the CONTRACTOR shall procure and maintain insurance of the types and to the limits specified in paragraph 6.4, inclusive below. 6.4 Coverage: Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 6.4.1. Workers' Campensation. Coverage to apply far all employees for Statutory Limits in compliance with the applicable State and Federal laws. CONTRACTOR shaft require all subcontractors to maintain workers compensation during the term of the agreemen# and up to the date of final acceptance. CONTRACTOR shaA defend, indemnify and save the CITY and CONSULTANT harmless from any damage resulting to them far failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. 6.4.1.1. Employers' Liability with Statutory Limits of $100,000/$500,OOOl $100,000. 6.4.1.2. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days' written notice of cancellation and/ar restriction. 6.4.1.3. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Act and/or Jones Act if applicable. 6.4.2. Comprehensive General Liability or Commercial General Liability Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive Genera! Liability Policy or Commercial General Liability filed by the Insurance Services Office, and must include: 6.4.2.1. Minimum Limits of total coverage shall be $1,000,000.00 $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, the basic policy to be in said form with any excess coverage (and the carrier) to meet $1,000,000.00 minimum to be acceptable to the CITY. 6.4.2.2. Premises and/or Operations. GC-20 6.4.2.3. Independent Contractor. 6.4.2.4. Products and/or Completed Operations. CONTRACTOR shall maintain in farce until at least three (3) years after completion of all services required under the Contract, coverage for produc#s and completed operations, including Broad Form Property Damage. 6.4.2.5. XCU Coverages. 6.4.2.6. Broad Farm Property Damage including Completing Operations. 6.4.2.7. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 6.4.2.8. Personal Injury coverage with employees and contractual exclusions removed. 6.4.2.9. Additional Insured. The CITY is to be specifically included as an additional insured (including products). 6.4.2.10. Notice of Cancel{ation and/or Restriction. The policy must be endorsed to provide the City with thirty (3D) days` written notice of cancellation and/or restriction. 6.4.2.11. The CONTRACTOR shall either require each subcontractor to procure and maintain, during the life of the subcontract, insurance of the type and in the same amounts specified herein or insure the activities of subcontractors in his own insurance policy. 6.4.3. Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: 6.4.3.1. Minimum limit of $1,000,OOO.DD per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 6.4.3.2. Owned Vehicles. 6.4.3.3. Hired and Non-Owned Vehicles 6.4.3.4. Employee Non-Ownership GC-21 6.4.3.5. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days' written notice of cancellation and/or restriction. 6.4.4. All Risk Property Insurance -When Applicable. Coverage must include real and personal property and in an amount equal to the replacement cost of all real and persona{ property of the CITY'S for which the CONTRACTOR is responsible and over which he exercises control. Builders Risk insurance must be provided to cover Property under construction and an Installation Floater must cover all machinery, vessels, air conditioners or electric generators to be installed. This insurance shall include a waiver of subrogation as to the CONSULTANT, the CITY, the CONTRACTOR, and their respective officers, agents, employees, and subcontractors. Fi.4.4.1. Coverage to be provided on a foil replacement cost basis. 6.4.4.2. Losses in excess of ten thousand dollars ($10,000) shall be jointly payable to the CONTRACTOR and the CITY. 6.4.4.3. W giver of occupancy clause or warranty. Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the buildings}, additions} or structure(s) will not be occupied by the CITY. 6.4.4.4. Maximum Deductible - $5,000 each claim. 6.4.4.5. Copy of Policy. A certified copy of the policy must be provided to the C{TY prior to the commencement of work. 6.4.4.6. Named Insured. The CITY must be included as a named insured. 6.4.4.7. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty {30} days written notice of cancellation and/or restriction. 6.4.4.8. Flood Insurance. When the buildings or structures are located within an identified special flood hazard area, flood insurance protecting the interest of the CONTRACTOR and the CITY must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. 6.4.5. A Best Rating of no less than A-7 is required for any carriers providing coverage required under the terms of this Contract. Failure to comply with the insurance requirements as herein provided shall constitute default of this Agreement. Neither CONTRACTOR or any subcontractor shall commence work under the Contract until they have all insurance required underthis Section and have supplied the CITYwith evidence of such coverage in the form of certified copies of policies (where required} and certificates of insurance, and such policies and certificates have been approved by the CITY. GC-22 CONTRACTOR shall be responsible for and shat! obtain and file insurance certificates on behalf of its subcontractors. All certified copies of policies and certificates of insurance shall be filed with the CITY. ARTICLE 7 -CONTRACTOR'S RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE: 7.1. The CONTRACTOR has the obligation to deliver to the C[TY the completed job in a good and workmanlike condition in accordance with the requirements of the Contract Documents. CONTRACTOR shat! supervise and direct the Work completely and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. The CONTRACTOR shall bear ail losses resulting on account of the weather, fire, the elements, or other acts of God or causes of every kind or nature prior to Final Acceptance. The supervision of the execution of this contract is vested wholly in the CONTRACTOR. 7.2. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. LABOR, MATERIALS AND EQUIPMENT; HOURS OF WORK: 7.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legs} holiday without the CITY'S written consent (which shall not be unreasonably withheld) given after prior written notice to CONSULTANT. The CONTRACTOR is hereby informed, and understands that unless otherwise approved by the City, the City restricts the work between the hours of 5:00 p.m. and 8:00 a.m., unless emergency conditions exist that are endangering life or property as may be determined by the CITY. If the CONTRACTOR is authorized to operate equipment twenty-four (24) hours per day, the engines shall be provided with residential type silencers approved by the CITY. The CONTRACTOR shall receive no additional compensation for overtime work. However, additional compensation will be paid to the CONTRACTOR for overtime work only in the event extra work is ordered by the CONSULTANT and the change order specifically authorizes the use of overtime work and then only to such extent as overtime wages are GC-23 regularly being paid by the CONTRACTOR for overtime work of a similar nature in the same locality. Afl costs of inspection and testing performed by the CITY during overtime work by the CONTRACTOR which is allowed solely for the convenience of the CONTRACTOR shall be borne by the CONTRACTOR. The CITY shall have the authority to deduct the cost of all such inspec#ion and testing from any partial payments otherwise due to the CONTRACTOR. 7.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construe#ion equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and final completion of the work. 7.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by CONSULTANT, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions wAl be effective to assign to the CITY, CONSULTANT, or any of the CITY'S or CONSULTANT'S consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 10.15 or 10.16. ADJUSTING PROGRESS SCHEDULE: 7.6. CONTRACTOR shall submit to CONSULTANT for review and comment (to the extent indicated in paragraph 3.9) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. SUBSTITUTES OR "OR-EQUAL" ITEMS: 7.6.1. The technical specifications shall govern the use of substitute or "or-equal" items. Consultant sha!{ be solely responsible for determining whether to permit the proposed substitution and Contractor expressly agrees to be bound by Consultant's decision, The procedure for review by CONSULTANT will include the following as supplemented in the technical specifications. Requests for review of substitute items of material and equipment will not be accepted by CONSULTANT from anyone other than CONTRACTOR. if CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shat{ make written application to CONSULTANT for acceptance thereof, certifying that fihe proposed substitute wi(I perform equally or better the functions and achieve the results called for by the general design, be similar and of equal GC-24 substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work wilt require a change in any of the Contract Documents (or in the provisions of any other direct contract with the CITY for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs thatwil! result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, atl of which shall be considered by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR'S expense additional data about the proposed substitute. 7.6.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to CONSULTANT, if CONTRACTOR submits sufficient information to allow CONSULTANT to determine that the substitute proposed is equal or better to that indicated or required by the Contract Documents. The procedure for review by CONSULTANT wil[ be governed by the procedure_provided in paragraph 7.6.1 as applied by CONSULTANT and as may be supplemented in the Technical Specifications. 7.6.3. Substitution requests must include the CONTRACTOR'S waiver of its right to additional compensation or time for the failure of the proposed substitution to properly perform. 7.6.4 In order for a substitution to be considered, one or more of the following conditions must be met: a. The substitution request must be timely, fully documented and properly submitted. b. The request is directly related to an "or equal" clause in the Contract Documents. c. The product or method prescribed in the Contract Documents is no longer available. d. There is a substantial advantage offered to the CITY in terms of cost, time, energy conservation or other considerations of merit. 7.6.5. CONSULTANT will be allowed a reasonable time within which to evaluate each proposed substitute. CONSULTANT will be the sole judge of acceptability, and no GC-25 substitute will be ordered, installed or utilized without CONSULTANT'S prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. The CITY may require the CONTRACTOR to furnish at CONTRACTOR'S expense a special performance guarantee or other surety with respect to any substitute. CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS: 7.7 7.7.1 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to the CITY and the CONSULTANT as indicated in paragraph 7.7.2}, whether initially or as a substitute, against whom the CITY or the CONSULTANT may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 7.7.2 If the Technical Specifications or Contract Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipmen#) shall be submitted to the CITY for acceptance by the CITY and CONSULTANT, and if CONTRACTOR has submitted a list thereof, the CITY or CONSULTANT'S acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute. If after bid opening and prior to the award of the contract, the CITY objects to certain suppliers or subcontractors, the CITY may permit CONTRACTOR to submit an acceptable substitute so fang as there is no change in the contract price or contract time. If the contract price or contract time is increased, the CITY-may return the bid bond and award the contract to the next qualified, competent bidder. If after the award of the contract, the CITY objects to certain suppliers or subcontractors, the CITY shall permit CONTRACTOR to make an appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or the CONSULTANT of any such Subcontractor, supplier or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective Work. 7.8. CONTRACTOR shall be fully responsible to the CITY and CONSULTANT for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work on the Project just as CONTRACTOR is responsible for CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the CITY or the CONSULTANT and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the CITY or CONSULTANT to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. GC-26 7.9. The divisions and sections of the Technical Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 7.10. A!I Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY and the CONSULTANT. PATENT FEES AND ROYALTIES: 7.11. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of Work or the- incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of the CITY or CONSULTANT its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to other, the existence of such rights shall be disclosed by the CITY in the Contract Documents. CONTRACTOR shall indemnify and hold harmless the CITY and anyone directly or indirectly employed by the CITY from and against all claims, damages, losses and expenses (including attorney's fees and court costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product ar device not specified in the Contract Documents, and shall defend ail such claims in connection with any alleged infringement of such rights. PERMITS: 7.12. CONTRACTOR shall obtain and pay for all construction permits and licenses. The CITY shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for prosecution of the Work, which are applicable at the time of opening of Bids. There will be no cost for permits issued by the CITY. CONTRACTOR shall pay all charges of utility for connections to the Work, and the CITY shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. GC-27 LAWS AND REGULATIONS: 7.13 7.13.1. CONTRACTOR shall give all notices and comply with all laws, ordinances, rules regulations and building codes applicable to furnishing and performance of the Work, Except where otherwise expressly required by applicable laws, ordinances, rules and regulations, neither the CITY nor the CONSULTANT shall be responsible for monitoring CONTRACTOR'S compliance with any Laws, ordinances, rules or regulations. In addition, Contractor shat[ be responsible for ensuring the compliance of all subcontractors, suppliers or other entities furnishing labor, services or materials on the Project with al{ laws, ordinances, rules, regulations and building codes. Contractor's failure to comply with any of the applicable laws, ordinances, rules, regulations or building codes shall constitute a material breach of the Contract. 7.13.2. If CONTRACTOR observes that the Specifications or Drawings are at variance with any laws, ordinances, rules or regulations, CONTRACTOR shall give CITY and CONSULTANT prompt, written notice thereof, and any necessary changes will be authorized by one of the methods indicated in Paragraph 4.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such laws, ordinances, rules or regulations, and without such notice to the CITY and CONSULTANT, CONTRACTOR shall bear all costs arising therefrom; TAXES: 7.14. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the laws, ordinances and regulations of the place of the Project which are applicable during the performance of the Work. USE OF PREMISES: 7.15. CONTRACTOR shall confine construction equipment, the storage ofi materials and equipment and the operations of workers to the project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws, ordinances, and regulations, rights-of-way, permits and easements, and shall not reasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim. CONTRACTOR shall, to the fullest extent permitted by laws and regulations, indemnify and hold the CITY and CONSULTANT harmless from and against all claims, damages, fosses and expenses (including, but not limited to, fees of engineers, archi#ects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the CITY or CONSULTANT to the extent based on a claim GC-28 arising out of CONTRACTOR'S performance of the Work or the Work of its subcontractor, suppliers, materiaimen or other entities performing Work under the supervision of CONTRACTOR on the Project. 7.16. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by the CITY. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 7.17. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shah CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. RECORD DOCUMENTS: 7.18. CONTRACTOR shall maintain in accordance with the Technical Specifications in a safe place at the site one record copy of ail Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders, and written interpretations and clarifications (issued pursuant to paragraph 10.4) in good order and annotated to show all changes made during construction. The record documents together with all approved samples and a counterpart of ail approved Shop Drawings will be available to the CONSULTANT for reference. Upon completion of fhe Work, these record documents, samples, and Shap Drawings will be delivered to CONSULTANT for fhe CITY. SAFETY AND PROTECTION; 7.19. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 7.19.1. all employees on the Work and other persons and organizations who may be affected thereby; and 7.19.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 7.19.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them GC-29 from damage, injury or foss on or off the Work and shall erect and maintain a!I necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 7.19.1 to 7.19.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work for anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the CITY or the CONSULTANT or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR'S duties and responsibiiitiesfnr the safety and protection of the Work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to the CITY and CONTRACTOR in accordance with paragraph 15.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take ar cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated Genera! Contractors of America, lnc., to the extent that such provisions are not in conflict with applicable laws. The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of an and in the course of employment on Work under the Contract. The Contractor shall promptly furnish the Local Public Agency with reports concerning these matters. 7.20. CONTRACTOR shat! designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to the CITY. EMERGENCIES AND PRECAUTIQNS DURING ADVERSE WEATHER: 7.21 7.21.1. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR, without special instruction or authorization from CONSULTANT or the CITY, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that a change in the Contract Documents is required because of the action taken in response to GC-30 an emergency, a Work Directive Change Order or Change Order will be issued to document the consequences of the changes or variations. 7.21.2. During adverse weather, and against the possibility thereof, the CONTRACTOR shall take al{ necessary precautions to ensure that the Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required, protection shall be provided by the use of tarpaulins, wood and building paper shelters, or other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather, including unusually high winds and water levels and he shall take such precautions and procure such additional insurance as he deems prudent. The CONSULTANT may suspend construction operations at any time when, in his judgment, the conditions are unsuitable or the proper precau#ions are not being taken, whatever the weather or water level conditions may be, in any season. SHOP DRAWINGS AND SAMPLES: 7.22. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to CONSULTANT for review in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 3.9}, ordinances, rules and all Shop Drawings which will bear the stamp that CONTRACTOR has satisfied CONTRACTOR'S responsibilities under the Contract Documents with respect to the review of the submission. Ail submissions will be identified as CONSULTANT may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable CONSULTANT to review the information as required. 7.23. CONTRACTOR shall also submit to CONSULTANT for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. Ali samples will have been checked by and accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR'S responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use far which intended. 7.23.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 7.23.2. At the time of each submission, CONTRACTOR shall give CONSULTANT specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition shall cause a specific notation to be made on each Shop Drawing submitted to CONSULTANT for review of each such variation. GC-31 7.24. CONSULTANT will review within ten days of receipt thereof, Shop Drawings and samples but CONSULTANT'S review wilt be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents} or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. CONTRACTOR shall make corrections required by CONSULTANT, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by CONSULTANT on previous submit#als. CONSULTANT will review one (1) resubmittal for each shop drawing ar product data. All costs of reviewing additional submittals shall be at the CONTRACTOR'S expense. 7.25. CONSULTANT'S review of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called CONSULTANT'S attention to each such variation of the time of submission as required by paragraph 7.23.2 and CONSULTANT has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor wilt any review by CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings ar from responsibility for having complied with the provisions of paragraph 7.23.1. 7.26. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to CONSULTANT'S review and acceptance of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. CONTINUING THE WORK: 7.27. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CETY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements. While a change order request is pending, Contractor is still obligated to fully perform al! work in accordance with the Contract Documents and as directed by the Consultant. GC-32 INDEMNIFICATION: 7.28. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the gross negligence, or actions based upon the willful, wanton or intentional misconduct of the CITY as weft as other exclusions provided by F.S. 725.06{1)(c)), recklessness or intentiona! wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes but is not limited to, use of any improper materials or liabilities, damages, fosses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County. or City Paws, by-taws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every Warne and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims ar liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the Contractor the specific consideration often dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. ARTICLE 8 -OTHER WORK RELATED WORK AT SITE: 8.1. The CITY may perform other work related to the Project at the site by the CITY'S own forces, let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such o#her work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional time and the parties are unable to agree as to the extent thereof, GC-33 CONTRACTOR may make a claim therefor as provided in Article 13; Contractor, however, shall not be entitled to any additional compensation under such circumstances and is limited to making a claim for an extension of time. If the performance of additional Work by other CONTRACTOR or the Owner is noted in the Contract Documents, no additional adjustment of time or compensation shall be considered. 8.2. CONTRACTOR shall afford the CITY and other contractors who are a party to such a direct contract (or the CITY, if the CITY is performing the additional work with the CITY'S employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the CITY and CONSULTANT and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY and other contractors to the extent that there are comparable provisions far the benefit of CONTRACTOR in said direct contracts between the CITY and o#her contractors. 8.3. if any part of CONTRACTOR'S Work depends for proper execution or results upon the work of any such other contractor (or the CITY), CONTRACTOR shall inspect and promptly report to CONSULTANT in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for such proper execution and results of CONTRACTOR'S work. CONTRACTOR'S failure to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR'S Work and CONTRACTOR shall not be entitled to any additional time ar compensation therefor. COORDINATION: 8.4. If the CITY contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Technical Specifications and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Technical Specifications. Unless otherwise provided in the Technical Specifications, neither the CITY nor the CONSULTANT shall have any authority or responsibility in respect of such coordination. ARTICLE 9 -THE CITY'S RESPONSIBILtTtES 9.1. The CITY shall issue all communications to CONTRACTOR through CONSULTANT. GC-34 9.2. Incase of termination of the employment of CONSULTANT, the CITY shall appoint a consultant whose status under the Contract Documents shall be that of the former CONSULTANT. 9.3. The CITY shall furnish the data required of the CITY under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 15.4 and 15.13. 9.4. The CITY'S duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 5.1 and 5.4. Paragraph 5.2 refers to the CITY'S idea#ifying and making available to CONTRACTOR copies of all reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by CONSULTANT in preparing the Drawings and Specifications. 9.5. The CITY may execute Change Orders as indicated in paragraph 11.4 if recommended by CONSULTANT. CONSULTANT'S decision, however, is not binding upon the CITY, who may decide, in its sole discretion, to reject a Change Order submitted by the CONTRACTOR where it determines that such is in the CITY'S best interests. 9.6. In connection with the CITY'S right to stop Wark or suspend Work, see paragraph 14.10 and 16.1. Paragraph 16.2 deals with the CITY'S right to terminate services of CONTRACTOR. ARTICLE 10 -CONSULTANT'S STATUS DURING CONSTRUCTION: CITY REPRESENTATIVE: 10.1. The CONSULTANT will be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT and the CITY'S representative during construction are set forth in the Contract Documents and shall not be extended without written consent of the CITY and CONSULTANT. VISITS TO SITE: 10.2. After written notice to proceed with the work, the CONSULTANT shall make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents; he wil! not be responsible for the construction means, methods, procedures, techniques and sequences of construction, for which CONTRACTOR is solely responsible, and he will not be responsible for the CONTRACTOR'S failure to perform the construction Work in accordance with the Contract Documents; he will not be responsible for safety precautions and procedures in connection with the Work; and during such visits and on the basis of his on-site observations, as an experienced and qualified design professional, he will keep the CITY informed of the progress of the work, will endeavor to guard the CITY against defects and deficiencies in GC-35 the Work of the CONTRACTOR and may reject Work as failing to conform to the Contract Documents and require CONTRACTOR to repair or replace al{ defective work at no additional cost to the CITY. PROJECT REPRESENTATION: 10.3. A Resident Project Representative may be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding Resident Representative's actions. Resident Project Representative's dealing in matters pertaining tothe on-site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the Ci#y with the knowledge of and under the direction of CONSULTANT. 10.3.1. Resident Project Representative shall where applicable: 10.3.1.1. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 10.3.1.2. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 10.3.1.3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the City's liaison with CONTRACTOR, when CONTRACTOR'S operations affect the City's on-site operations. 10.3.1.4. Assist in obtaining from the City additional details or information, when required for proper execution of the Work. 10.3.1.5. Record date of receipt of Shop Drawings and samples. 10.3.1.6. Receive samples which are furnished at the site by CONTRACTOR, and notify the CONSULTANT of availability of samples for examination. 10.3.1.7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing if the submittal has not been approved by the CONSULTANT. GC-36 10.3.1.8. Conduct on-site observations of the Work in progress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the Contract Documents. '10.3.1.9. Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the CONSULTANT of Work that Resident Project Representative believes should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by contract. 10.3.1.10. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 10.3.1.11. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the CONSULTANT. 10.3.1.12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 10.3.1.13. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 10.3.1.14. Maintain at the job site orderly flies for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contrac# Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 10.3.1.15. Keep a diary or fog book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. GC-37 10.3,1.16. Record a!I names, addresses and telephone numbers of the CONTRACTOR, all subcon#ractors and major suppliers of materia! and equipment. 10.3.1.17. Furnish the CONSULTANT periodic reports as required of progress of the Work of the CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 10.3.1.18. Consult with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 10.3.1.19. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 10.3.1.20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any accident. 10.3.1.21. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to the CONSULTANT, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 10.3.1.22. During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the CONSULTANT for review and forwarding to City prior to final payment for the Work. 10.3.1.23. Before the CONSULTANT issues a Certificate of Substantial Completion, submit to CONTRACTOR a fist of observed items requiring completion or correction. 10.3.1.24. Conduct final inspection in the company of the CONSULTANT, the City and the CONTRACTOR and prepare a final list of items to be completed or corrected. 10.3.1.25. Observe that ail items on final list have been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. 10.3.2. The Resident Project Representative shall not: 10.3.2.1. Authorize any deviation from the Contract Documents or substitution of materials or equipment. GC-3 8 10.3.2.2. Exceed limitations of the CONSULTANT'S authority as set forth in the Contract Documents. 10.3.2.3. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR'S superintendent. 10.3,2.4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 10.3.2.5. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 10.3.2.6. Accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 10.3.2.7. Authorize the City to occupy the Project in whole or in part. 10.3.2.8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. CL.ARIFICATIONSRND INTERPRETATIONS: 10.4. CONTRACTOR expressly agrees that CONSULTANT is the sole judge of the requirements of the Contract Documents and the judge of CONTRACTOR'S performance thereunder and thus agrees that all decisions made by CONSULTANT regarding such issues shall be binding upon CONTRACTOR and the CITY. The CONSULTANT will issue with reasonable promptness such written clarifrcations or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the CONSULTANT may determine necessary, which shaft be consistent with or reasonably inferable from the overall intent of the Contract Documents. AUTHORIZED VARIATIONS OF WORK: 10.5. CONSULTANT may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a field Order and will be binding on the CITY, and also on CONTRACTOR who shall perform the Work involved promptly. As such Field Orders involve minor variations to the Work, CONTRACTOR shall not be entitled to any additional time or compensation for performing such work and is precluded from submitting change order requests for furnishing such work. 10.6. The CONSULTANT wilt have authority to .disapprove or reject Work which CONSULTANT believes to be de#ective or believes to be in nonconformance with the intent GC-3 9 of the contract documents, and will also have authority to require special inspection or tesfing of the Work as provided in paragraph 14.9, whether or not the Work is fabricated, installed or completed. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS: 10.7. in connection with CONSULTANT'S responsibility for Shop Drawings and samples, see paragraphs 7.22 through 7.26 inclusive. 10.8. In connection with CONSULTANT'S responsibilities as to Change Orders, see Article 11, 12, and 13. 10.9. In connection with CONSULTANT'S responsibilities in respect of Applications for Payment, etc., see Article 15. DETERMINATIONS FOR UNIT PRICES: 10.10. CONSULTANT will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. CONSULTANT will review with CONTRACTOR CONSULTANT'S preliminary determinations on such matters before rendering a written decision thereon {by recommendation of an Application for Payment or otherwise). CONSULTANT'S written decisions thereon will be final and binding upon the CITY or CONTRACTOR unless, within ten days after the date of any such decision, either the CITY or CONTRACTOR delivers to the other party to the Agreement and to CONSULTANT written notice of intention to appeal from such a decision. DECISIONS ON DISPUTES: 10.11. As CONSULTANT is the interpreter of the requirements of the Contract Documents and judge of the acceptability of the Contractor's Work thereunder, claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 12 and 13 in respect of changes in the Contract Price or Contract Time will be referred to CONSULTANT in writing with a request for a formal decision in accordance with this paragraph, which CONSULTANT will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to CONSULTANT and the other party to the Agreement promptly (but in no event later than ten {10) days) after the occurrence of the event giving rise thereto, and written supporting data wil! be submitted to CONSULTANT and the other party within thirty {30) days after such occurrence unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim. 10.12. W hen functioning as interpreter and judge under paragraphs 10.4,14.10 and 14.11, CONSULTANT will not show partiality to the CITY or CONTRACTOR. The rendering of a decision by CONSULTANT pursuant to paragraphs 14.4, 10.10 and 10.11 with respect to any such claim, dispute or other matter (except anywhich have been waived by the making or acceptance of final payment as provided in paragraph 15.13) will be a condition GC-40 precedent to any exercise by the C[TY or the CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute ar other matter. CONTRACTOR'S failure to timely submit a claim to the CONSULTANT in accordance with the requirements of the Contract Documents constitutes a waiver of its claim. LIMITATIONS ON CONSULTANT'S RESPONSIBILITIES: 10.13. Neither CONSULTANT'S authority to act under this Article 10 or elsewhere in the Contract Documents nor any decision made by CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT or CONTRACTOR, any Subcontractor, any Supplier, ar any other person or organization performing any of the Work, or to any surety for any of them. 10.14. Whenever in the Contract Documents the term "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or 'smport are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory" or adjectives of the Nke effect or impart are used to describe a requirement, direction, review orjudgment of CONSULTANT as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 10.15 or 10.16. 10.15. CONSULTANT will not be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, ar the safety precautions and programs incident thereto, and CONSULTANT will not be responsible to CONTRACTOR for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. 10.16. CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 11 -CHANGES !N THE WORK 11.1 A "Change Order" is defined, for purposes of the Contract Documents, as a written order to the CONTRACTOR executed by the CITY and the CONSULTANT after execution of the Contract, directing a change in the Work and may include a change in the Contract Price or the time for the CONTRACTOR'S performance, or any combination thereof. 11.2 Without invalidating the Agreement and without notice to any surety, the CITY may, at any time ar from time to time, order addi#ions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shalt promptly proceed with the Work GC-41 involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). If the CITY and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim maybe made therefore as provided in Article 12 or Article 13. 11.3. CONTRACTOR shat( not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 4.4 and 4.5, except in the case of an emergency as provided in paragraph 7.21 and except in the case of uncovering Work as provided in paragraph 14.9. 11.4. The CITY and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 11.4.1. Changes in the work which are ordered by the CITY pursuant to paragraph 11.2; are required because of acceptance of defective Work under paragraph 14.13 or correcting defective Work under paragraph 14.14, or are agreed to by the parties. 11.4.2. Changes in the Contract Price or Contract time which are agreed to by the parties; 11.4.3. Changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT pursuant to paragraph 10.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provision of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 7.27.. 11.4.4. Execution of a Change Order by the CONTRACTOR constitutes conclusive evidence of the CONTRACTOR'S agreement to the ordered changes in the Work and the change in the Contracfi Price and the time for performance by the CONTRACTOR. The CONTRACTOR, by executing the Change Order, waives and forever releases any claim against the CITY for additional time or compensation for issues or matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. 11.4.5. All Change Orders and adjustments shall be in writing and executed by the CONTRACTOR and CITY; otherwise, no claim for additions! compensation or time will be permitted. 11.4.6. All Change Orders in which the CONTRACTOR seeks additional time must include a Time Impact Analysis which includes an analysis of how the change shall be incorporated into the construction schedule; the status of construction of that time; and the start/finish dates of all affected activities utilizing the dates included in the latest GC-42 construction schedule. Where the CONTRACTOR fails to append a Time Impact Analysis to the Change Order, it agrees that the decay has no affect on Contract Time. 11.5. It is distinctly agreed and understood that any changes made in the Contract Documents for this Work (whether such changes increase or decrease the amount thereof} or any change in the manner or time of payments or fime of performance made by the CITY to the CONTRACTOR shall in noway annul, release or affect the liability and surety on the Bonds given by the CONTRACTOR. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or contract Time) is required by the provisions of any band to be given to a surety, the giving of any such notice will be CONTRACTOR'S responsibility, and the amount of each applicable Bond will be adjusted accordingly. 11.6. Notwithstanding, anything to the contrary contained within the contract documents, all change orders involving additional cost or extensions of time, shall be governed by the ordinances of the City of Delray Beach. ARTICLE 12 -CHANGE OF CONTRACT PRICE 12.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. Ail duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 12.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Although the CONTRACTOR acknowledges the "no damages for delay" provision set forth in Article 9 of the Contract Agreement, should it be entitled to any claim for additional compensation under any circumstances, any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (but in no event later than ten (10) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. No#ice of the amount of the claim with supporting data shall be delivered within thirty (30) days after such occurrence (unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim} and shall be accompanied by claimant`s written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined solely by CONSULTANT in accordance with paragraph 10.11 if the CITY and CONTRACTOR cannot otherwise agree on the amount involved. No claim far an adjustment in the Contract Price wil! be valid if not submitted in accordance with this paragraph 12.2. Failure by the CONTRACTOR to strictly comply with such notice requirements shall constitute a complete waiver by the CONTRACTOR of any claim for additional compensation. Furthermore, should the CONTRACTOR be entitled to an increase in the Contract Sum, it shall be strictly limited to the direct cost of labor and materials incurred by the CONTRACTOR at the jobsite and shall in no event include indirect costs, overhead, lost profits or consequential damages incurred by the Contractor. GC-43 Furthermore, the CITY shall not be liable to the CONTRACTOR for claims of third parties including, but not limited to, subcontractors, suppliers, laborers, etc. 12.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways; 12.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 12.9.1. and 12.9.2.}. 12.3.2. By mutual acceptance of a lump sum (which shall include an allowance for overhead and profit in accordance with paragraph 12.8.2.1 }. 12.3.3. On the basis of the Cost of the Work (determined as provided in paragraphs 12.4 and 12.5) plus a CONTRACTOR'S Fee for overhead and prafi# (determined as provided in paragraphs 12.6 and 12.7}. COST OF THE WORK: 12.4. The term Cost of the Work .shall be as defined in paragraph 8.1 of the Agreement and as further defined below. Except as otherwise may be agreed to in writing by the CITY, such costs shat( be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 12.5: USED AS MODIFIED 12.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classification agreed upon by the CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. s+te: The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by the CITY. USED AS MODIFIED 12.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connec#ion therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shaft accrue to the CITY, and CONTRACTOR shall make provisions so that they may be obtained. GC-44 12.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by the CITY, CONTRACTOR steal! obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who will then determine, with the advice of the CONSULTANT, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR'S Cost of Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 12.4.4. Supplemental costs include the following: 12.4.4.1. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and tools not owned by the workers, which are consumed in the performance of Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 12.4.4.2. Rentals of all construction equipment and machinery ar~d the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by the CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof--all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. For special equipment and machinery such as power driven pumps, concrete mixers, trucks, front end loaders, backhoes, and tractors, or other equipment, required fior the economical performance of the authorized Work, the CONTRACTOR shall receive payment based on the weekly rate divided by 40 to arrive at an hourly cost. The weekly rate shall be from the latest edition of the Rental Rate blue book for Construction Equipment, published by Equipment Guide Book Co., reduced by 25 percent. Equipment cost shall be calculated based upon the actual time the equipment is used in the Work. if said Work required the use of machinery not an the Work or not to be used on the Work, the cost of transportation, not exceeding a distance of one hundred (100) miles, of such machinery to and from the Work shall be added to the fair rental rate; provided, however, that this sha(I not apply to machinery or equipment already required to be furnished under the terms of the Contract. 12.4.4.3. Sales, consumer, use or similar taxes related to the work and for which CONTRACTOR is liable, imposed by laws and regulations. 12.4.4.4. Royalty payments and fees for permits and licenses. 12.4.4.5. The site costs of utilities, fuel and sanitary facilities. 12.4.4.6. Cost of premiums for additional bonds and insurance required because of changes in the Work. GC-45 12.5. The term Cost of the Work shall not include any of the following: 12.5.1. Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR'S principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 12.4.1, which are to be considered administrative costs covered by the CONTRACTOR'S Fee. 12.5.2. Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR'S office at the site. CONTRACTOR expressly agrees that Home Office Overhead is not included within the costs of the work. 12.5.3. Any part of CONTRACTOR'S capita{ expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 12.5.4. jet-~f-,~remiu~~ per all~,onr~: aed~Qr ^'-a„-;;e<;~^~"et#e,-~;-,yet . .NOT USED 12.5.5. Costs due to the negligence or intentional acts of the CONTRACTOR, any Subcontractor, or anyone whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 12.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 12.4. GC-46 CONTRACTOR'S FEE: 12.6. The CONTRACTOR'S Fee allowed to CONTRACTOR for overhead and profits shall be determined as follows: 12.6.1. A mutually acceptable fixed fee; or if none can be agreed upon, 12.6.2. A fee based on the following percentages of the various portions of the Cost of the Work: 12.6.2.1. The cost allowance for overhead and profit shall not exceed f'sfteen percent (15%) of the new cost. if the Work is done by a Subcontractor, he may add ten percent (10%} of his net cost for overhead and profit and the Contractor may add five percent (5%) of the net cost for overhead and profit. If all the Wark is done by the Contractor, he may add fifteen percent (15%) of the net cost for overhead and profit. 12.6.2.2. No fee shall be payable on the basis of costs itemized under paragraphs 12.4.4 and 12.5; 12.6.2.3. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR'S Fee by an amount equal to ten percent of the net decrease; and 12.6.2.4. When both additions and credits are involved in any one change, the adjustment in CONTRACTOR'S Fee shall be computed on the basis of the net change in accordance with paragraphs 12.6.2.1 through 11.6.2.3, inclusive. 12.7. Whenever the cost of any Wark is to be determined pursuant to paragraph 12,4 or 12.5, CONTRACTOR will submit in form acceptable to CONSULTANT an itemized cost breakdown together with supporting data. CASH ALLOWANCES: 12.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and fior such sums within the Limit of the allowances as may be acceptable to the CONSULTANT, CONTRACTOR agrees that: 12.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 12.8.2. CONTRACTOR'S costs for unloading and handling on the site, labor, instaAation casts, overhead, profit and other expenses contemplated for the allowances GC-47 have been included in the Contract Price and not in the allowances. Na demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change order will be issued as recommended by CONSULTANT to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. UNIT PRICE WORK: 12.9 12.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by CONSULTANT in accordance with Paragraph 10.10. 12.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR'S overhead and profit for each separately identified item. OMITTED WORK: 12.10. The City may at any time, by written order, without Notice to the Sureties, require omission of such contract work as it may find necessary or desirable. An order for omission of work shat! be valid only by an execu#able change order. Ali work so ordered must be omitted by the CONTRACTOR. The amount by which the contract price shat! be reduced shall be determined as follows: 12.10.1. By such applicable unit prices, or rates for work of a similar nature or character as set forth in the contract; or, 12.10.2. By the appropriate lump sum price set forth in the Contract; or, 12.10.3. By the reasonable and fair estimated cost of such omitted work as determined by the CONTRACTOR and the CONSULTANT, and approved by the CITY. GC-48 ARTICLE 13 -TIME AND DELAYS 13.1 Ali' time in the Contract Documents is calculated on a consecutive calendar day basis. 13.2 Time is of the essence in this Contract, and any breach of same shall go to the essence hereof, and CONTRACTOR, in agreeing to complete the Work within the time herein mentioned, has taken -into consideration and made allowances for all reasonable hindrances and delays incident to his work 13.3 CONTRACTOR agrees to commence the Work when directed by Owner and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project by other trades so that the Owner shall not be delayed by any act or omission of CONTRACTOR in completion ofthe Projectwithin the time specified above. 13.4 CONTRACTOR shall make payments promptly to its vendors, subcontractors, suppliers and for labor, material and equipment used by it in the performance of his work. 13.5 The CONTRACTOR shall not be entitled to any claim for damages on account of hindrance or delays from any cause whatsoever; but if caused by any act of God or active interference on the part of the Owner, such act, hindrance, or delay may only entitle the CONTRACTOR to receive an extension of time as its sole and exclusive remedy, 13.6 Adverse weather such as rain is not to be considered to be an Act of God unless it exceeds the ten (10) year average as published by the National Weather Service (or equivalent organization acceptable to the Owner at its sole discretion) far that time of year in Palm Beach County. 13.7 An extension of time to complete the Work shalt be determined by the Owner provided that the CONTRACTOR provides the Owner with notice in writing of the cause of said act, hindrance or delay within twenty (20) days after its occurrence. 13.8 In the event the request for extension is not made in writing within that twenty (20) day time period, CONTRACTOR acknowledges and agrees it has forever waived any and ail rights to such an extension. 13.9 All extensions of time shall be authorized only by a written change order executed by the Owner and Project Consultant. 13.10 This "no damage for delay" clause, also set forth in Article 9 of the Contract Agreement, will encompass any damages for delay or disruption even if the CONTRACTOR completes construction of the Work in a timely fashion in accordance with this Contract. GC-49 13.11 Damages as referenced in this "no damage for delay" shall include any type of damages that are or could be awarded by any court or arbitration panel such as, byway of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and/or punitive damages. 13.12 By way of specific example but not limitation, damages as referenced within this clause includes loss of use, loss of profits, labor inefficiency, loss of bonding capacity, overhead and repair costs, costs of capital replacement, loss of wages, pain and suffering, loss of production costs to replace facilities, equipment and/or product loss, increased and/or extended home office overhead, increased general condi#ions, costs of mobilization and demobilization, decrease in value, and/or any other damage or loss. 13.13 The CONTRACTOR recognizes and specifically acknowledges the terms and the "no damage for delay" c{ause upon execution of this Contract. ARTICLE 14 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK: 14.1. CONTRACTOR warrants and guarantees to the CITY and CONSULTANT that all Work. will be constructed in accordance with the Contract Documents and that all materials and equipment incorporated into any Work covered by the Contract Documents shat! be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and ail workmanship shall be in accordance with construction practices acceptable to the City and Consultant. Prompt notice of ali defects shalt be given to CONTRACTOR. Alf defective Work, whether or not in place, maybe rejected, corrected or accepted as provided in Article 14. The guarantee shall remain in effect for one year from the date of final acceptance unless a longer period is specified. The CITY shah give notice of observed defects with reasonable promptness. Unremedied defects identified for correction during the guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee. Defects in material, workmanship or equipment which are remedied as a result of obligations of the guarantee shall subject the remedied portion of the work to an extended guarantee period of one year after the defect has been remedied. The Surety shall be bound with and for the Contractor in-the Contractor's faithful observance of the guarantee. However, nothing contained in this Section shall affect or hinder the CITY'S ability to collect on the CONTRACTOR'S Performance Bond within a five (5) year period. ACCESS TO WORK: 14.2. CONSULTANT'S and CONSULTANT'S representatives, other representatives of the CITY, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. GC-54 TESTS AND INSPECTIONS: 14.3. CONTRACTOR shall give CONSULTANT timely no#ice of readiness of the Work for all required inspections, tests or approvals. 14.4. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR steal! assume full responsibility therefor, pay all costs in connection therewith and famish CONSULTANT the required certificates of inspection, testing or approval. CONTRACTOR shat! also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with the CITY'S or CONSULTANT'S acceptance of a Supplierof materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation in the Work. 14.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to the CITY (or by CONSULTANT if so specified}. 14.6. 1f any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for observation. Such uncovering shall be at CONTRACTOR'S expense unless CONTRACTOR has given CONSULTANT timely notice of CONTRACTOR'S intention to cover the same and CONSULTANT has not acted with reasonable promptness in response to such notice. 14.7. Neither observations by CONSULTANT nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR'S obligation's to perform the Work in accordance with the Contract Documents. UNCOVERING WORK: 14.8. If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for CONSULTANT'S observation and replaced, at CONTRACTOR'S expense. 14.9. If CONSULTANT considers it necessary or advisable that covered Work be observed by CONSULTANT or inspected or tested by others, CONTRACTOR, at CONSULTANT'S request shall uncover, expose or otherwise make available for observation, inspection or testing as CONSULTANT may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals}, and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 12. If, however, such Work is not GC-51 found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 12 and 13. CITY MAY STOP THE WORK: 14.10.1f the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will confiorm to the Contract Documents, the CITY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. CORRECTION OR REMOVAL OF DEFECTIVE WORK: 14.11. ff required by CONSULTANT, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by CONSULTANT, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect, and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. ONE YEAR CORRECTION PERIOD: 14.12. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to the CITY and in accordance with the CITY'S written instructions, either correct such defective Work, or, if it has been rejected by the CITY, remove it from the site and replace it with nondefective Work. 1f CONTRACTOR does not promptly comply with the terms of such instructions or in an emergency where delay would cause serious risk of loss or damage, the CITY may have the defective Work corrected ar the rejected Work removed and replaced. and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 14.13. if instead of requiring correction or removal and replacement of defective Wark, the CITY (and prior to CONSULTANT'S recommendation of final payment) prefers to accept it, the CITY may do so. CONTRACTOR shall bear all direct, indirect and consequential costs GC-52 attributable to the CITY`S evaluation of and determination to accept such defective Work {such costs to be approved by CONSULTANT as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals}, If any such acceptance occurs prior to CONSULTANT'S recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to an appropriate decrease in the Contract Price to be determined by the CONSULTANT. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to the CITY. CITY MAY CORRECT DEFECTIVE WORK: 14.14. If CONTRACTOR fails within thirty days {30) after written notice of CONSULTANT to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by CONSULTANT in accordance with paragraph 14.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, the CITY may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the CITY shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the CITY may exclude CONTRACTOR from all or part of the site, take possession of ail or part of the Work, and suspend CONTRACTOR`S services related thereto, take possession of CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and incomplete in the Work all materials and equipment stored at the site or far which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY, the CITY'S representative, agents and employees such access to the site as may be necessary to enable the CITY to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the CITY in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by CONSULTANT, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Wark; and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 12. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, al(court costs and all costs of repair and replacement of work of other destroyed or damaged by correction, removal or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY'S rights and remedies hereunder. GC-53 ARTICLE 15 -PAYMENTS TO CONTRACTOR AND COMPLETION 15.1. The schedule of values established as provided in paragraph 3.9 wi11 serve as the basis for progress payments and wilt be incorporated into a form of Application for Payment acceptable to CONSULTANT. The schedule of values shall be presented with such detail, and supported with whatever information the CITY or CONSULTANT reasonably requests. The CONTRACTOR shall not imbalance its schedule of values or artificially inflate any element thereof. Progress payments on account of Unit Price Work will be based on the number of units completed. APPLICATION FOR PROGRESS PAYMENTS: 15.2 Unless otherwise prescribed bylaw, at the end of each month, the CONTRACTOR shall submit to the Consultant for review, an Application for Progress Payment filled out and signed by the CONTRACTOR covering. the Wark completed as of the date of the Application and accomplished by such supporting documentation as is required by the Contract Documents. The Application for Progress Payment shalt identify, as a subtotal, the amount of the CONTRACTOR'S Tota! Earnings to Date, plus the Value of Materials Stored which have not yet been incorporated in the Work, less a deductive adjustment for materials stored which have been installed which were not previously incorporated in the Work, but for which payment was allowed. The Net Payment Due to the CONTRACTOR shall be the above- mentioned subtotal from which shall be deducted the amount of retainage specified in the Contract, and the total amount of all previous approved Applications for Progress Payment submitted by the CONTRACTOR. Retainage shall be calculated based upon the above-mentioned subtotal. The above calculation in tabular form is as folbws: Total Earnings to Date $ Value of Materials Stored $ Less Value of Materials Stored for which payment was allowed and which have been installed ($ Sub Total $ Less Retainage (based on sub total) ($ Less total of all previous approved Applications for Progress Payment ($ NET PAYMENT DUE: $ GC-54 The Value of Materials Stored shall be an amount equal to the specified percent of the value of same asset forth in the Agreement or Schedule of Values. Said amount shall be based upon the value of alE acceptable materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing; provided, each such individual item has a value of more than $5,000 and will become a permanent part of the Work and is planned for installation within the following thirty (30) days. The Application for Progress Payment shall also be accompanied by a Bilf of Sale, paid invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of all liens, charges, security interests, and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the CITY'S interest therein, ail of which shall be satisfactory to the CITY. CONTRACTOR warrants and represents that, upon payment of the pay request submitted, title to a!! work included in such payment shall be vested in the CITY. CONTRACTOR'S WARRANTY OF TITLE: 15.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Projector not, will pass to the CITY no later than the time of payment free and clear of Liens. REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT: 15.4. CONSULTANT will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to the CITY, or return the App{ication to CONTRACTOR indicating in writing CONSULTANT'S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make necessary corrections and resubmit the Application. Twenty business days after receipt of the Application for Payment by the City with CONSULTANT'S recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 15.7} become due and when due will be paid by the CITY to CONTRACTOR. 15.5. CONSULTANTS recommendation of any payment requested in the application for payment shah not prohibit the City from withholding payment or prohibit fhe City from paying additionally sums regarding other matters or issues between the parties. In addition, payment precludes contractorfrom requesting additions! compensation for work for which it has been paid. 15.6. CONSULTANT'S recommendation of final payment will constitute an additional representation by CONSULTANT to the CITY that the conditions precedent to CONTRACTOR'S being entitled to final payment as set forth in paragraph 15.13 have been fulfilled. 15.7. CONSULTANT may refuse to recommend the whole or any part of any payment if, in CONSULTANT'S opinion, it would be incorrect to make such representations to the CITY. The CONSULTANT may also refuse to recommend any such payment, or, because GC-55 of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in CONSULTANT'S opinion to protect the CITY from loss, including but not limited to: 15.7.1. The Work is defective, or completed Work has been damaged requiring correction or replacement. 15.7.2. The Contract Price has been reduced by Written Amendment or Change Order. 15.7.3. The CITY has been required to correct defective Work or complete Work in accordance with paragraph 14.14, or 15.7.4. Of CONSULTANT'S actual knowledge of the occurrence of any of the events enumerated in paragraphs 16.2.1 through 16.2.9 inclusive. 15.7.5 For liquidated damages that have accrued against the CONTRACTOR; 15.7.6 For claims filed by Subcontractors, suppliers or other third parties; 15.7.7 CONTRACTOR'S failure to carry out any of its obl'sgations under the Contract Documents; 15.7.8 CONTRACTOR'S failure to make proper payments to Subcontractors or other third parties; 15.7.9 Damage to the CITY or another CONTRACTOR; 15.7.10 Punch list items unremedied; 15.7.11 Failure to comply with any and ail insurance requirements; 15.7.12 Reasonable evidence that the Workwill not be completed on or before the Substantial Completion or Final Completion date. The CITY may refuse to make payment of the full amount recommended by the CONSULTANT because claims have been made against the CITY on account of CONTRACTOR'S performance or furnishing of the Work, ar there are other items entitling the CITY to credit against the amount recommended, but the CITY must give CONTRACTOR written notice (with a copy to CONSULTANT} stating the reasons for such action. GC-SG SUBSTANTIAL COMPLETION: 15.8. When the CONTRACTOR considers the entire Work ready for its intended use, the CONTRACTOR shad notify the CITY and the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. Within a reasonable time thereafter, the CITY, the CONSULTANT and the CONTRACTOR shall make an inspection of the Work to determine the status of completion. If the CONSULTANT does not consider the Work substantially complete, the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete, the CONSULTANT will prepare and deliver to the CITY for its execution and recordation the Certificate of Substantial Completion signed by the CONSULTANT and CONTRACTOR, which shall fix the Date of Substantia! Completion. Before requesting an inspection for certification of Substantial Completion, the Contractor must have completed the following: 15.8.1 Al! air conditioning, ventilation, security systems, fire alarms, fire sprinklers and other life safety systems must be completed, tested, approved and demonstrated. 15.8.2 Air Conditioning systems must be completed, tested and approved by the Consultant. 15.8.3 Landscape irrigation systems must be completed, tested, approved and demonstrated. 15.8.4 In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. Include supporting documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. 15.8.5 Advise CITY of pending insurance changeover requirements. 15.8.6 Prepare specific warranties, workmanship bands, main#enance agreements, final certifications and all required closeout submittals. 15.8.7 Obtain and submit releases enabling the CITY unrestricted use of the Work and access to services and utilities; include occupancy permits, operating certificates and similar releases. 15.8.8 Submit record drawings, maintenance manuals, final project photographs, damage or settlement surveys, property surveys and similar final record information. 15.8.9 Make final changeover of permanent locks and transmit master and grand master keys to the CITY. GC-57 15.8.10 Advise the CITY'S personnel of pending changeover in security provisions. 15.8.11 Discontinue or change over and remove temporary facilities from the site, along wi#h construction tools, mock-ups and similar elements. 15.8.12 Complete final cleanup requirements, including touch-up painting. 15.8.13 Touch-up and otherwise repair and restore marred exposed finishes. 15.9. The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shah allow CONTRACTOR reasonable access to complete or correct items on the "punch list". PARTIAL UTILIZATION: 15.10. Use by the CITY of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the CITY, CONSULTANT and CONTRACTOR agree constitutes a separately functioning and useable part of the Work that can be used by the CITY without significant interference with CONTRACTOR'S performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all Work subject to the following: 15.10.1. The CITY at any time may request CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request CONSULTANT to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially complete, CONSULTANT will notify the CITY and CONTRACTOR in writing giving the reasons therefor. if CONSULTANT considers that part of the Work to be substantially complete, the provisions of paragraphs 15.8 and 15.9 will apply with respect to cert'sfication of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 15.10.2 The CITY may at any time request CONTRACTOR in writing to permit the CITY to take aver operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to CONSULTANT and within a reasonable time thereafter the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not GC-58 ready for separate operation by the CITY, CONSULTANT will finalize the list of items to be completed or corrected and will deliver such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final judgment between the CITY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon the CITY and CONTRACTOR at the time when the CITY takes aver such operation (unless they shalt have otherwise agreed in writing and so informed CONSULTANT}. During such operation and prior to Substantial Completion of such part of the Work, the CITY shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 15.10.3 If the CONSULTANT'S inspection discloses any item, whether or not inc}uded on the CONTRACTOR'S list, which is not in accordance with the Contract Documents and which would precluded beneficial occupancy and would render the Work not Substantially Complete, the CONTRACTOR shall immediately correct such item at no additional cost to the City. 15.10.4 The CITY, upon notification from the CONSULTANT that the Work, or a portion thereof, may be substantially complete, and a!I project closeout submittals pertaining to the Work have been approved and forwarded to the CITY, will direct the CITY to schedule and coordinate the CiTY'S Substantial Completion inspection. ff the CONSULTANT finds that the work is substantially complete, it shall issue the CONTRACTOR a Certificate of Substantial Completion. Should the CONSULTANT deny substantial completion, CONTRACTOR shall promptly correct all deficiencies noted which caused the denial of substantial completion. Upon the correction of such deficiencies, the CONTRACTOR shall notify the CONSULTANT that such deficiencies are ready for reinspection at which time the CONSULTANT shall re-conduct a substantial completion inspection. FINAL INSPECTION: 15.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, CONSULTANT will make a final inspection with the CITY and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete, defective, or not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies at no additional cost to the CITY. FINAL APPLICATION FOR PAYMENT: 15.12. After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered ail maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents (as provided in paragraph 7.18} and other documents--all as required by the Contract Documents, and after CONSULTANT has indicated in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications and any approved changes thereto, CONTRACTOR may make application for final payment GC-59 following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents. FINAL PAYMENT AND ACCEPTANCE: 15.13. Upon receipt of written notice from the Contractor that the Work has been completed in conformity with the Drawings and Specifications and-any approved changes thereto, and receipt of the Final Application for Payment and accompanying documentation, the CITY'S CONSULTANT shall promptly examine the Work and, making such tests as he may deem proper and using ail of the care and judgment normally exercised in the examination of completed Work by a properly qualified and experienced Professional CONSULTANT, shall satisfy himself that the CONTRACTOR'S statement appears to be correct and the CONTRACTOR'S other obligations under the Contract Documents have been fulfilled. He shall then inform the CITY in writing that he has examined the Work and that it appears, to the best of his knowledge and belief, to conform to the Contract Drawings, Specifications and any approved Change Orders, that the CONTRACTORS other obligations under the Contract Documents have been fulfilled, and that he therefore recommends acceptance of the Work for ownership and Final Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such sta#ement by the CITY'S CONSULTANT does not in any way relieve the CONTRACTOR from his responsibility to deliver a fuCly completed job in a good and workmanlike condition, and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or equipment used by the CONTRACTOR. In addition, payment to the CONTRACTOR by the CITY does not constitute acceptance of the CONTRACTOR'S defective Work or release the CONTRACTOR from its obligation to repair or replace all defective and deficient work. The CONSULTANT will then make a final estimate of the value of all Work done and will deduct therefrom all previous payments which have been made. The CONSULTANT will report such estimate to the CITY together with his recommendation as to the acceptance of the Work or his findings as to any deficiencies therein. After receipt and acceptance by the CITY of the properly executed Final Warranty of Title and after approval of the CONSULTANT'S estimate and recommendation to the CITY, the CITY will make final payment to the CONTRACTOR of the Amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, including, but not limited to, Liquidated Damages, as applicable. All prior estimates are subject to correction in the final estimate. Thirty days after approval by the CITY of the application for final payment, the amount recommended by CONSULTANT shall become due and will be paid to Contractor. CONTRACTOR`S CONTINUING OBLIGATION: 15.14. CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by CONSULTANT, nor the issuance of a Certificate of Substantial Completion, nor any payment by the CITY to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by the C{TY, nor GC-60 any act of acceptance by the CITY nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 15.13, nor any correction of defective Work by the CITY will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Documents. ARTICLE 16 -SUSPENSION OF WORK AND TERMINATION CITY MAY SUSPEND WORK: 16.1. The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and CONSULTANT which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. In the event of a suspension of the Work, CONTRACTOR is expressly limited to seeking an extension of time in accordance with Article 13 of the Contract General Conditions and is expressly precluded from seeking any additional compensation in such circumstance. CITY MAY TERMINATE 16.2. Upon the occurrence of any one or more of the following events: 16.2.1. If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such timing relating to the bankruptcy or insolvency; 16.2.2. If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankrup#cy or insolvency; 16.2.3. If CONTRACTOR makes a genera! assignment far the benefit of creditors; 16.2.4. If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable !aw or under contract, whose appointment or authority to take .charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR'S creditors; 16.2.5. If CONTRACTOR admits in writing an inability to pay its debts generally as they become due; GC-b 1 16.2.6. If CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere #o the progress schedule established under paragraph 3.9 as revised from time to time); 16.2.7. If CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 16.2.8. If CONTRACTOR disregards the authority of CONSULTANT; or 16.2.9. If CONTRACTOR otherwise violates any provisions of the Contract Documents; the CITY may, after giving CONTRACTOR and Surety seven days written notice of any default and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR {without liability to CONTRACTOR for trespass or conversion}, incorporate in the Work all materials and equipment stored at the site or for which the CITY has paid CONTRACTOR but which are stored elsewhere, and finish the Work as the CITY may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the expense of completing the work including compensation for additional managerial and administrative services, pins the CITY'S direct, indirect and consequential losses, damages and costs because of the CONTRACTOR'S default {including but not limited to fees and charges of engineers, architects, attorneys, and other professionals and court casts} such excess will be paid to CONTRACTOR. !f such expenses and costs plus the CITY'S lasses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to the CITY promptly on demand. Such costs incurred by the CITY will be approved as to reasonableness by CONSULTANT and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph the CITY shall not be required to obtain the lowest price for the work performed. in addition, failure of the CITY to comply with the seven days' notice provision to the surety does not render the termination improper, render the termination one for convenience or in any way release surety from liability under its performance bond. 16.3. Where CONTRACTOR'S services have been so terminated by the CITY, the termination will not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by the CITY wilt not release CONTRACTOR from liability. 16.4. The CITY may terminate this Contract without cause by giving seven (7) days prior written notice to the Contractor, and in such event, the CITY will pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the Wark completed as of fhe Date of Termination, plus reasonable termination expenses. The CITY also wif! reimburse the CONTRACTOR for ail costs necessarily incurred for organizing and carrying out the stoppage of the Work and paid directly by the CONTRACTOR, not including overhead, general expenses or profit. The CITY will not be GC-62 responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontrac#ors or material men or for penalties or damages for canceling such contractual commitments, (with the exception That the CITY shall reimburse the CONTRACTOR far major materials or equipment purchased before termination if the CONTRACTOR can show proof of said purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. (n the event of termination by the CITY, the CITY may require the CONTRACTOR promptly to assign to it all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. CONTRACTOR MAY STOP WORK OR TERMINATE: 18.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by the CITY or under an order of court or other public authority, or CONSULTANT fails to act on any Application for Payment within thirty (30) days after it is submitted, or the CITY fails for sixty (80) days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven (7) days written notice to the CITY and CONSULTANT, terminate the Agreement and the CITY will pay the CONTRACTOR for that portion of the Contract Sum, less fhe aggregate of previous payments, allocable to the work completed as of the Date of Termination plus reasonable termination expenses. The CITY will not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and o#her commitments subject to this provision. The CITY may require the CONTRACTOR promptly to assign to it all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and any other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In addition and in lieu of terminating the Agreement, if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid, CONTRACTOR may upon seven days written notice to the CITY and CONSULTANT stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 7.27 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the CITY. ARTICLE 17 -MISCELLANEOUS GIVING NOTICE: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if GC-63 delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. COMPUTATION OF TIME: 17.2. When any period of-time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. NO LIMITATION OF RIGHTS AND REMEDIES: 17.3. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 7.28, 14.1, 14.12, 14.14, 15.3 and 16.2 and all of the rights and remedies available to the CITY and CONSULTANT thereunder, are in addition to ,and are not to be construed in any way as a limitation of, any rights and remedies available to any or ail of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effec#ive as if repeated specifically in the Contract Documents in connection with each particular duty obligation, right and remedy to which they apply. All representations warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. ACCIDENT AND PREVENTION: 17.4. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, inc. to the extent that such provisions are nat in conflict with applicable laws. The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing foss of time from work, arising out of and in the course of employment on Work under the Contract. The Contractor shall promptly furnish the -Local Public Agency with reports concerning these matters. 17.5. In the event the CITY is prevented from proceeding with any or all of this Work as stated in this Contract, due to a declaration of war, or national emergency, by the United States government, whereas the construction of the type contracted for herein is specifically prohibited by statute or governmental edict, or due to the stoppage of construction caused by any governmental agency, State, City, Town, or County regulations, orders, restrictions, or due to circumstances beyond the CITY'S control, then the CITY herein reserves the right to either suspend the Work to be done for an indefinite period of time or to cancel this Agreement outright by giving notice by registered mail of GC-64 such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has already been commenced, then the CITY herein shall be liable for only the cancellation or suspension without the addition of prospective profits or other changes whatsoever. FLORIDA PRODUCTS AND LABOR: 17.6. The CONTRACTOR'S attention is called to Section 255.04, Florida Statutes, which requires that on public building contracts, Florida products and labor shat! be used wherever price and quality are equal. EMPLOYEES: 17.7. All labor described in these specifications or indicated on the Drawings and the Work specified or indicated shall be executed in a thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades. 17.8. Any person employed on the Work who fails, refuses or neglects to obey the instructions of the CONTRACTOR in anything relating to this Work or who appears to the CITY to be disorderly, intoxicated, insubordinate, or incompetent, shall upon the order of the CITY, be at once discharged and not again employed in any part of the Work. Any interference with, or abuse or threatening conduct toward the CITY, CONSULTANT or their inspectors by the CONTRACTOR or his employees or agents, shall be authority for the CITY to annul the Contract and re-let the Work. No intoxicating substance shall be allowed on the Work site. NON-DISCRIMINATION: 17.9 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The CONTRACTOR will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, or national origin. Such action shalt include but not be limited #a the following: employment, upgrading, demotion, or transfer; recruitment advertising; }ayoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractor compliance. DRUG-FREE WORKPLACE: 17.10. The CONTRACTOR shat! comply with Florida Statutes Section 287.087 which gives preference to businesses with drug-free workplace programs. GC-GS ASSIGNMENT: 17.11. This Agreement, nor any monies due hereunder, or any part thereof, shaft not be assigned, or transferred, by CONTRACTOR, nor shall the CITY be liable to any assignee or transferee, without the written consent of the CITY, to the assignment, or transfer. The CITY sha11 not release or discharge CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract Performance and Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer. VENUE: 17.12. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this Agreement is fixed in Palm Beach County, Florida. ASBESTOS: 17.13. If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the CONTRACTOR shall promptly notify the CITY and the CONSULTANT. The CITY shall consult with the CONSULTANT regarding removal or encapsulation of the asbestos material and the CONTRACTOR shall not perform any Work pertinent to the asbestos material prior to receipt of special instructions from the CITY through the CONSULTANT. RIGHT TO AUDIT: 17.14. 1f the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the CONTRACTOR'S books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR'S plants, or such parts thereof, as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon all subcontractors. The rights to examine and inspect herein provided for shall be exercisab{e through such representatives asthe CITY deems desirable during the CONTRACTOR'S normal business hours at the office of the CONTRACTOR. The accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the C[TY. GC-6b ® BUILD 1'N GOOD COMPANY. "Seacrest Soccer Comp{ex" Delray Beach, Florida CDB #2004-051; TWC #F10G802 SUMMARY OF PRECONS7RUCTION SERVICES June 6, 2007 Scheduled '' Duration Total ' Description of Services I Rate I Total Cost Release i [weeks) tNenhours A} Schematic Design Documents I t\'!A iProject OfficedCM '. i ~ $ - Preconstruction Manager ~ i $ - ~Sr. Project Manager ~ '~ , $ - ~ProjeclManager $ - jSuperintendent ~ i I $ (Chief Estimator ' i $ - ~Estimator ~ $ - Coordlnator ~, ~ I ! I $ Reimbursabies ~ j !Plan & Specification Reproduction '~ ~ '; ': : $ - jTravel Costs ~ I I $ - Oftice Supplies; Copies; Postage; Express Mail $ - j SubTotal Cost Schematic Phase, ~ ~ 0 ~ ~ $ - I B} Design Development Documents N!A I I I Project OfficerlCM ~ ~~ ~ : $ - Preconstruclion Manager l ! ~ ~ ~ $ - Sr. Project Manager I -: ', $ - jProject Manager ~ ($ - !Superlntandent ~ ' ' $ - jChief Estimator ~ ~ g - tEsllmator ~ ' $ - 1Coordinafor 1 I $ - Reimbursebles I, j !Plan & Specification Reproduction ! $ - ITravat Costs i ~ ~ ' S - ~'.Office Supplies; Copies; Postage; Express Mail I - I $ SubTotal Design Development Phasej ~ D ~ $ - C) 95% Construction Documents for GMP (Prior Prgect HOLD: YTD 5/24!07) Jan-07 8 jProjecl OfficerlCM ~• 8 j 0.00 ' $ ?70.60 $ - Preconstrucilon Manager ', I 8 ' 51.25 j $ ?00.00 ~ $ 5,?25.00 ISr. Project Manager ~ 8 ! O.OD ~ $ 120.OD I $ - IProject Manager ~ 8 0.00 $ , ?00.60 ' $ - ~Superinlenden[ ~ 8 : 0.00 ~ $ 105.00 ~ $ - Chief Estimator ! 8 0 Da ~ $ 120.00 $ 'Estimator j 8 ~ 60 OD $ 55.OD $ 3.30000 Coordinator ~ ' 8 ' Z 00 ' $ 45.00 ' $ 91).00 Reimbursables ~ I i jPlen & Spec cation Reproduction ' 1 I $ 2,571.68 !Travel Costs ' ~ 1 ~ '~ ~ $ 102.63 Office Supplies; Copies; Postage; Express Mail ~ ~ 1 $ 112.33 3ubTotal95% CD Phase; j ~ 113 ! $ i1,3D'1.64 D) 95 % Construction Documents for GMP (Revision pt) Jul-07 ~ 8 ~ ~ Project OfficerlCM 8 2 ' $ 170.00 S 3:0.00 ~PreconsWction Manager 8 20 ~ $ 100.00 ! $ 2,660.00 Sr. Project Manager ' g ~ 3 ~ $ 120.00 ~ $ 360.D0 Project Manager ~ i 8 ~ 16 ~ $ ?D0.00 I, $ 1,600.OD Superintendent ` 8 8 ~ $ 165.00 '~. $ 840.00 Chief Estimator ! f 8 8 ~ $ 120.00 $ 960.00 ~ I 8 52 ! ~ 4 2 Coordtnator 5.00 $ 540.00 Rei~mbursables ` ~ I jPoan & Specification Reproduction ~ ~ 1 j ~ : $ 3,500.00 'Travel Costs i i ' $ 480.OD Office Supplies; Copies; Postage; Express Mail 1 ~ ', $ 240.00 SubTotal95°/. CD Phase' ~ S19 I i 5 13,710.00 'GMP pevelopment indudes: ` Aug-D7 ~' Project Scheduled Start: Septembe r 20D7 Markef Analysis 8 Sfimulation of Bidders Interest ~ ' ~ Prequalification of Subcontractors ~ ~.. Preparation of Trade Bitl Packages ~ I j Total Preconstruction Services ' 232 25,9'12 3007_OS_29_PremnSvcs_DASC namechg Revised: 06R9N7 page t of 7 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TRACIE M. LUTCHMANSINGH, P.E., ASST. CITY ENGINEER THROUGH: DAVID T. I-TARDEN, CITY MANAGER~~~ DATE: JULY 5, 2007 SUBJECT: AGENDA ITEM # ~ ' ~ -REGULAR MEETING OF JULY 10 2007 MILLER PARK - PRECONSTRUCTION SERVICES PROPOSAL FROM THE WEITZ COMPANY (PROJECT N0.2006-052) ITEM BEFORE COMIVIISSION City Commission approval /authorization for preconstruction services for the Miller Park proposal and related agreement associated with the Construction Manager at Risk Service contract. The scope of services is listed in Article 2.1 of the agreement and the total fee for this phase is $30,345 (refer to exhibit 2.1.4B). This represents approximately 0.06% of the current estimated project construction cost of $5,500,000. BACKGROUND Kimley-Horn and Associates were issued the work authorization to prepare construction documents for the improvements approved for Miller Park located at 1905 SW 4`~ Avenue. The Weitz Company was selected based on the Request For Proposal for Construction Management at Risk Services. The Weitz Company will provide preconstruction and construction services and will be responsible for constructing the facility pursuant to guaranteed contract price. FUNDING SOURCE Funding is available from account #334-4151-572-63.81, Other Parks -City wide. Staff recommends approval if the Commission wishes to maintain the schedule outlined on the attached chart. If a delay is acceptable then action on this item can be deferred. Please note that portions of this agreement, e.g., construction time in Article 12 and the provision regarding bonding requirements, will be modified with the receipt of the Guaranteed Maximum Price and final contract execution prior to commencement of construction. Enc Cc Richard Hasko, Director of Environmental Services Randal Krejcazek, City Engineer Cazolanne Kucmerowski CMT (originals) City Clerk Project File 2006-052 Agenda File U:\wwdata\agendaWgenda Info. 7.10.07Wgenda Memo Weitz PreCon Serv Miller Park 07-10-07 FINAL.doc i _ ______= ' s~~~ ~!$~ ~ €! 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U U ~ cg O N U U in D f a U U U z S - o u ~ o n O ~ . i 5{! 5 ° Page 1 of 1 Smith, Douglas From: Shutt, Brian Sent: Thursday, July 05, 2007 2:45 PM To: Smith, Douglas Subject: RE: Agenda item for July 10, 2007 Looks ok Brian Shutt From: Smith, Douglas Sent: Thursday, July 05, 2007 12:07 PM To: Shutt, Brian Subject: F11V: Agenda item for July 10, 2007 Agenda item attached for Preconstruction Services from Weitz for Miller Park in case you haven't seen it yet. Doug Smith Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7144 Fax: (561) 243-7199 Email: smithd@ci_delray-t~each.fl.us From: Lutchmansingh, Trade Sent: Thursday, July 05, 2007 11:57 AM To: Smith, Douglas Cc: Wasko, Richard; Krejcarek, Randal; Gaskins, Lanelda; Kucmerowski, Carolanne Subject: Agenda item for July 10, 2007 See attached agenda item Tt acie M. Lutchmansingh, P.E. Assistant City Engineer Engineering Division •• City of Delray Beach •• 434 South Swinton Ave •• Delray Beach, FL 33444 Phone:561.243.7322 •• Fax:561.243.7314 •• Emailautchmansingh~u~ci,delray-beach.fl.us "Correcting oneself is correcting the whole world. The sun is simply bright. It does not correct anyone. Because it shines, the whole world is full of light. Transforming yourself is a means of giving light to the whole world." Sri Ramana Maharshi (1879-1950) 7/5/2007 CONSTRUCTION MANAGER AT RISK SERVICES THIS CONTRACT, made and entered into this day of , 20~, between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "Owner" and The Weitz Company, L.L.C., hereinafter referred to as the "Construction Manager". WITNESSETH: That the said Construction Manager having been awarded the contract for the: PROJECT NAME: Miller Park PROJECT NO. 2006-052 hereinafter referred to as "Project" and in accordance with the Construction Manager's Proposal therefore and for and in consideration of the promises and of the covenants and agreements, and of the payments herein specified, to be made and performed by the Construction Manager and the Owner, the Construction Manager hereby covenants and agrees to and with the Owner to undertake and execute ail of the said named work, in a good, substantial and workmanlike manner, and to furnish and pay for all materials, labor, supervision, equipment, supplies; fees, expertise, and services necessary to fully complete al! work in accordance with all requirements of the Contract Documents and in accordance with all applicable codes and governing regulations ARTICLE 1 -The Construction Team and Extent of Agreement 1.1 The Construction Manager agrees to furnish its best skill and judgment and to cooperate with the Architect/Engineer in furthering the interests of the Owner. The Construction Manager agrees to furnish efficient business administration and superintendence and to use its best efforts to complete the Project in an expeditious and economical manner consistent with the interests of the Owner. 1.2 The Construction Team: The Construction Manager, the Owner, and the Architect/Engineer {the "Construction Team")will cooperate together through cons#ruction completion. The Construction Manager shall provide leadership to the Construction Team on all matters relating to construction. The Architect/Engineertyill provide leadership to the Construction Team on ail matters relating to design. Nothing herein is intended to make the Owner liable for the acts or deeds of the Construction Manager. 1.3 Extent of Agreement: This Agreement is complementary to the Conditions of the Contract, and together with them, represents the entire agreement between the Owner and the Construction Manager and supersedes ail prior negotiations, representations or agreements. What is called for by any one shall be as binding as if called for by all. Where this Agreement is expressly in conflict with the Conditions of the Contract, the most stringent requirement to the Construction Manager shall control. Where this Agreement is silent, the Conditions of the Contract, and the requirements of the Drawings and A-1 Specifications (to be furnished later) will prevail. This Agreement may be amended only by written instrument signed by the Owner and the Construction Manager. 1.4 Terms used in the Contract shall have the following meanings: .1 "Construction Team" means Owner, Architect/Engineerond Construction Manager. .2 "Consultant" means the Architect/Engineer, and the terms will be used interchangeably; .3 "Contractor" means Construction Manager, and the terms wil! be used interchangeably; .4 "Contract Sum" means Guaranteed Maximum Price, and the terms will be used interchangeably. .5 "Owner" means the City of Defray Beach, and the terms will be used interchangeably; .6 "Subcontractor" means Trade Contractor, and the terms will be used interchangeably; and, .7 "Work" means the totality of the obligations, including construction and other services, imposed on the Construction Manager by the Agreement, whether completed or partially completed and including labor, materials, equipment and services provided or to be provided by the Construct'san Manager to fulfil! the Construction Manager's obligations. The Work may constitute the whole or a part of the project. ARTICLE 2 -Construction Manager's Basic Services 2.0 The Construction Manager's Basic Services under this Agreement include preconstruction phase services and construction phase services. 2.1 The Preconstruction Phase. It is the intent of the Owner to engage the Construction Manager as an active participant in the design process working with the Owner and Architect/Engineer in maintaining the project budget and project scope. The Construction Manager shall: 2.1.1 Provide preconstructiondellverables consisting of 7 copies of reports at Schematic Design, 100% Design Development, 50% Construction Documents, and 100% Construction Documents together with a Guaranteed Maximum Price proposal. The reports shall include a complete discussion and summary of the services provided in accordance with Subparagraphs 2.1.2 through 2.1.8 herein below, including the schedule and a detailed cost estimate. 2.1.2 Review designs during their development. Proactively advise the Architect with regard to the most effective approach for designing the project regarding issues of on site use and improvements, selection of materials, building systems and equipment. Provide recommendations on relative feasibility of construction methods, compliance with applicable laws, codes, design standards, and ordinance, availability of materials and labor, time requirements for procurement, installation and construction and factors related to cost including, but not limited to, costs of alternative designs or materials, preliminary A-2 budgets and possible economies, while maintaining the Owner's design objectives. 2.1.3 Provide, for the Architect/Engineer's and the Owner's review, a Project Schedule that coordinates. and integrates the Construction Manager's services, the ArchitectlEngineer's services and the Owner's responsibilities with anticipa#ed construction schedules. The Construction Manager shall update this schedule periodically, as required. By providing these schedules to the Architect/Engineer and Owner, the Architect/Engineer and the Owner do not in any way acknowledge or consent that the schedules are acceptable or reasonable, but they are simply reviewing same for their own informational purposes. 2.1.4 Prepare for the Owner's approval a detailed estimate of Construction Cost, as defined in Article 8 herein, developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the ArchitectlEngineer. Update and refine this estimate periodically as the Architect/Engineer prepares Construction Documents. Advise the Owner and the Architec#/Engineer if it appears that the Construction Cost may exceed the Project budget. Make recommendations for corrective action. 2.1.5 Coordinate Construction Documents by consulting with the Owner and the Architect/Engineerregording Drawings and Specifications as they are being prepared, and recommending alternative solutions whenever design details affect construction feasibility, cost or schedules. 2.1.6 The Construction Manager agrees that time is of the essence in maintaining the project schedule. in an effort to achieve the project schedule, the Architect/Engineerwlll rely upon the input and recommendations of the Construction Manager in preparing the project documents, recognizing that cost is one of a number of issues which will influence the selection of building components and systems. 2.1.7 It is incumbent upon the Construction Manager to advise the Architect/Engineer of recommended building components and systems before the design professionals have comprehensively documented the materials, systems and equipment within the project. 2.1.8 Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by the Owner, review the Drawings and Specifications and make recommendations asrequired to provide that (1 }the Work of the separate contractors is coordinated with that of the Trade Contractors, (2) a!I requirements far the Project have been assigned to the appropriate separate contract, (3}the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction. 2.1.9 Develop a Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each Trade Contractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. A-3 2.1.9.1 Establish a schedule for the purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the ArchitectlEngineer. Expedite and coordinate deliveryof these purchases. 2.1.10 Provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of Tabor required for critical phases. Develop bidding packages designed to minimize adverse effects of tabor shortages. 2.1.11 Develop procedures which are acceptable to the Owner for the prequali#ication of Trade Contractors. Develop Trade Contractor interest in the Project and publicly advertise and conduct pre-bid conferences with interested bidders to review the documents- Take competitive bids on the Work of the various Trade Contractors or, if authorized by the Owner in writing, negotiate for the performance of that Work. The Construction Manager may require bidders to submit bid bonds or other bid security acceptable to the Construction Manager as a prerequisite to bidding on the Work. Analyze and evaluate the results of the various bids and their relationship to budgeted and estimated amounts, and prepare for review with the Owner and ArchitectlEngineer abid tabulation analysis and such other support data as necessary to properly compare the various bids and their responsiveness to the desired scope of Work. Specifically, review the scope of Work in detail with apparent low responsive bidders to determine that their bids are complete, but do not include duplicate scope items. Maintain records of all pre-award interviews with apparent low bidders. 2.1.12 Attend periodic meetings of the Project Team. 2.1.13 Based upon Drawings and Specifications produced by the ArchitectlEngineer, develop Guaranteed Maximum Price (GMP) Proposal(s), including, a Project Construction Schedule, itemized by Trade Contract, for phases of Work as required by the Owner. If the documents as prepared by the ArchitectlEngineer are not adequate for the development of a Guaranteed Maximum Price, the Construction Manager shat[ notify the Owner immediately, prior to developing the GMP. All assumptions made by the Construction Manager in the development of the GMP shall be specifics}ly listed in the GMP proposals, and the GMP wilt not be adjusted due to assumptions made by the Construction Manager, but not included in the GMP Proposal. 2.1.13.1 If the GMP Proposal is accepted, in writing, by the Owner, it will become an Amendment to this Agreement which will establish the GMP, Contract Time, and liquidated damages for that phase of the Work. A Construction Bond and Form of Guarantee on the Owner's standard forms and Builder's Risk Insurance Policy shall be provided by the Construction Manager simultaneously with the GMP Amendment. Also, items 14.14 - 14.16shall be provided with this Amendment. 2.1.13.2 If the GMP proposal is not accepted by the Owner, the Owner shall so notify the Construction Manager in writing. The Construction Manager shall then recommend adjustments to the Work through value engineering. The Construction Team and Owner will discuss and negotiate these recommendations for no more than 14 calendar days, A-4 unless an extension is granted in writing by the Owner. If an acceptable GMP is not developed, negotiations may be terminated, and the Owner may initiate negotiations with another Construction Manager or separately bid the project. 2.1.14 The Construction Manager's personnel to be assigned during the Preconstruction phase and their duties to this project shall be as set forth in the Request for Proposal. 2.1.15 The above named services connected to the Preconstruction Phase shall not exceed the amount set forth in Exhibit 2.1.46. 2.2 Construction Phase. Unless otherwise authorized by the Owner, a!1 Work shall be performed under Trade Contracts held by the Construction Manager. The Construction Manager shall not bid on any of the Trade Contractor Work or perform such Work with its own forces without the prior written consent of the Owner. The Construction Manager shall: 2.2.1 Administer the construction phase as provided herein and in the Conditions of the Contract, which include the following: General Conditions, and Special Conditions, and bear full responsibility for any and all acts or omissions of those engaged in the Work on behalf of the Construction Manager. 2.2.2 Commence the Work within 10 days after receipt of the executed Guaranteed Maximum Price Amendment and Notice to Proceed from the Owner. 2.2.3 Promptly award and execute Trade Contracts with approved Trade Contractors. Provide copies of fully executed Trade Contracts, insurance certificates and, if required, bonds to the Owner. 2.2.4 Manage, schedule and coordinate the Work, inc{uding the Work of the Trade Contractors, and coordinate the Work with the activities and responsibilities of the Owner, Architect/Engineer and Construction Manager in order to complete the Project in accordance with the Owner's objectives of cost, time and quality. Develop and maintain a program, acceptable to the Owner and Architect/Engineer, to assure qua{iry control of the construction. Supervise the Work of all Trade Contractors so that the work conforms to the requirements of the plans and specifications. Provide instructions to each Trade Contractor when its Work does not conform to the requirements of the plans and specifications so that the work conforms to the requirements of the plans and specifications, and continue to manage each subcontractor to ensure that corrections are made in a timely manner so as to not affect the progress of the Work. Should disagreement occur between the Construction Manager and the ArchitectlEngineer over acceptability of Work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 2.2.5 Maintain exclusively for this Project acompetent fuli-time staff at the Project site to coordinate and direct the Work and progress of the Trade Contractors on the Project. The Construction Manager shat! maintain sufficient off-site support staff, and competent full time staff at the Project site authorized to act on behalf of the Construction Manager to A-5 coordinate, inspect and provide genera! direction of the work and progress of the Sub- contractors and he shall provide no Tess than those personnel during the respective phases of construction that are set forth in an Exhibit to the GMP Amendment. He shall not change any of those persons unless mutually agreed to by the Owner and Construction Manager. In such case, the Owner shall have the right of approval of the qualifications of replacement personnel. All of the Construction Manager's on-site management and supervisory personnel shall be consistent with the interview presentation and shall not be removed or replaced without the Owner's consent. The Owner shall have the right to direct the Construction Manager to remove or replace any on-site personnel whose performance becomes unsatisfactory to the Owner. In such event, the Construction Manager shall promptly replace such personnel, without consideration of additional compensation forthe replacement. 2.2.5.1 Establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Team. Identify an on-site staff member to represent the Construction Manager, on a daily basis, with authority to negotiate change orders and contract modifications on behalf of the Construction Manager. Make available such executive personnel as necessary to execute change orders or other contract modifications on behalf of the Construction Manager so as not to delay the progress of the Work. 2.2.6 Establish procedures for coordination among the Owner, Architect/Engineer,Trcde Contractors and Construction Manager with respect to all aspects of the Work. Implement such procedures, incorporate them into a project resource manual, and distribute manuals to the Construction Team. 2.2.6.1 Require of the various Trade Contractors such Coordination Drawings as may be necessary to properly coordinate the Work among the Trade Contractors. 2.2.6.2 In coordination with the ArchitectlEngineer, establish and implement procedures for tracking and expediting the processing of shop drawings and samples, as required by the Conditions of the Contract. 2.2.7 Schedule and conduct weekly progress meetings with Trade Contractors to review such matters as job procedures, job safety, construction progress, schedule, shop drawing status and other information as necessary. Provide prior notice to Owner and ArchitectlEngineer of all such meetings, and prepare and distribute minutes. Attend Team meetings with the Architect/Engineer and Owner, as scheduled by the Architect/Engineer. 2.2.8 Review the schedule with the various Trade Contractors and review, or expand, the level of detail to incorporate specific Trade Contractor input consistent with the overall completion requirements. Regularly monitoring and update the Project Schedule and various sub-networks as construction progresses. Identify potential variances between scheduled and probable completion dates. Review schedule for Work not started, or incomplete, and make adjustments in the schedule to meet the scheduled completion date. Provide summary reports of each monitoring and document al! changes in schedule. Regular schedule updates and reporting shall be included as part of the monthly project report outlined in Subparagraph 2.2.16 herein. A-6 2.2.9 Determine the adequacy of the Trade Contractors' personnel and equipment, and the availability of materials and supplies to meet the schedule. In consultation with the Owner and the Architect/Engineer, take necessary corrective actions when requirements of a Trade Contract or a Trade Contract Schedule are not being met. 2.2.10 Whenever Owner-Famished Contractor-Installed {OFCI) materials or equipment are shipped to the Project site, the Construction Manager shall notify the Owner and shall be responsible for their acceptance, proper storage, and incorporation into the Work provided the scope of the Owner-Furnished Contractor-Installed (OFCI) work is included within the Guaranteed Maximum Price. 2.2.11 Develop and maintain an effective system of Project cast control which is satisfactory to the Owner. Revise and refine the initially approved Project Construction budget, incorporate approved changes as they occur, and develop cash flow reports and forecasts as needed. Identify variances between actual and budgeted or estimated costs and advise Owner and Architect/Engineer whenever projected costs exceed budgets or estimates. Cost Control reports shall be included as part of the monthly project report outlined in Subparagraph 2.2.16 herein. 2.2.12 Maintain a system of accounting consistent with generally accepted accounting principles. The Construction Manager shall preserve all accounting records far a period of four (4) years after final acceptance of the Work or as otherwise requested in writing by the Owner. The Owner shall have access to all such accounting records at any time during the performance of the Work and for a period of four (4) years after final accep#ance of the Work. 2.2.13 Without assuming any of the Architec#1 Engineer's responsibilities for design, recommend necessary or desirable changes to the Owner and the Architect/Engineer. 2.2.13.1 When requested by the Owner or Architect/Engineer, promptly prepare and submit estimates of probable cost for changes proposed in the Work including similar estimates from the Trade Contractors. If directed by the Owner, promptly secure formal written Change Order Proposals from such Trade Contractors. 2.2.14 Be responsible for initiating, maintaining and supervising effective safety programs and require similar programs of the Trade Contractors and Sub-subcontractors. The OSHA guidelines shall serve as the basis for the construction safety program. If the Owner implements an Owner Provided Insurance Program as provided for in Article 11, the Construction Manager shall cooperate with the safety representatives of the Owner's Insurance Administrator and/or the Owner's insurance carrier{s} in the course of construe#ion site inspections and in all other matters related to job safety and accident prevention. 2.2.14.1 Promptly notify the Owner and, where applicable, the Owner's Insurance Administrator, in writing, upon receiving notice of filing of any charge of non-compliance from OSHA, or upon receiving notification that a federal or state inspector shall visit or is A-7 visiting the Project site. 2.2.14.2 At progress meetings with Trade Contractors, conduct a review of job safety and accident prevention, and prepare minutes of such meetings that will be available to the Owner's Representative on request. The minutes of job safety and accident prevention portion of such progress meetings shall be made available to the Owner's Insurance Administrator, where applicable, upon request. 2.2.14.3 Designate afull-time staff member as the project safety director who shall oversee job safe#y and accident prevention for the Construction Manager, Trade Contractors and Sub-subcontractors involved in the Work, in addition to any other responsibilities assigned to such staff member. 2.2.15 Make provisions fior Project security acceptable to the Owner, to protect the Project site and materials stored off-site, or on-site, against theft, vandalism, fire and accidents, damage, or injury to person(s) or property, etc., as required by jab and location conditions. 2.2.16 Record the progress of the Project. Submit written monthly progress reports to the Owner and the Architect/Engineer including information on the Trade Contractors' Work, the percentage of completion, current estimating, computerized updated monthly Critical Path Method scheduling and project accoun#ing reports, including Estimated Time to Completion and Estimated Cost to Complete. Keep a daily lag available to the Owner and the Architect/Engineer. Report and record such additional information related to construction as may be requested by the Owner. 2.2.17 To the extent that the contract scope includes the demolition of existing improvements, The Construction Manager shall be responsible #or the removal, encapsulation, transportation and disposal of any hazardous material, including, without limitation, any asbestos or asbestos-rela#ed products as may be required in connection with the Work. Hazardous material, described by federal guidelines brought by the Construction Manager or the Trade Contractors shall remain their responsibility far proper disposal. Any hazardous material not specifically shown on the documents may be considered a concealed condition and may entitle the Construction Manager to a Change Order increasing the Guaranteed Maximum Price for any additional costs incurred. Such request for Change Order shall be submitted within seven days after the discovery of the concealed condition. The failure to provide the required notice within the time set forth herein shall constitute a complete waiver by the Construction Manager of any claim for additional compensation or extension of time. ARTICLE 3 -Additional Services 3.1 Upon the mutual agreement of the Owner and the Construction Manager, and upon written authorization from the Owner, the Construction Manager shall provide additional services which are beyond. the scope of the Basic Services described in Article 2 herein. The Construction Manager shall be compensated for such additional services by a fee to be negotiated by the Owner and the Construction Manager at the time of the additional service request. A-8 ARTICLE 4 -Owner's Responsibilities 4.1 The Owner will designate a representative to receive progress reports of the Work, serve as liaison with the Construction Manager and the Architect/Engineer, receive and process communications and paperwork, and to represent the Owner in the day-to-day conduct of the Project. The Construction Manager will be notified in writing of the representative and of his/her designee or any changes thereto. 4.2 The Owner may retain a threshold inspector, if required by Chapter 553, Florida Statutes. 4.3 The Owner will review and approve or take other appropriate action on the Construction Manager's preconstruction deliverables. ARTICLE 5 -Schedule 5.1 Preconstruction Phase: The Construction Manager shall submit the required Reports and Guaranteed Maximum Price Proposal within 30 days after the Constructian Documents have been made available to the Constructian Manager. 5.2 Construction Phase: The number of days for performance of the Work under the construction phase of this Agreement shall be established in the Guaranteed Maximum Price Amendment to this Agreement. 5.3 At the time a Guaranteed Maximum Price {GMP) is established, as provided for in Article 6, a Project Substantial Completion date, a project final completion date and an Owner occupancy date in accordance with the master project schedule, shall also be established by the Construction Team. The Construction Manager agrees to complete the construction in accordance with the agreed upon Substantial Completion date, final completion date and Owner occupancy date. The Construction Manager acknowledges that failure to complete the project within the construction time set forth in the approved schedule will result in substantial damages to the Owner. Liquidated Damages shall be assessed at rate to be determined by the Owner for each Project assignment. 5.4 In the event the Owner desires to accelerate the schedule for any portion of the Work, the Owner shall notify the Construction Manager in writing. Within 7 days, the Construction Manager shall give the Owner a revised Guaranteed Maximum Price for the acceleration which shall become a Change Order upon acceptance by the Owner. The Owner may then direct the Construction Manager to increase its staff and require its Trade Contractors to increase their manpower, or to work such overtime hours as may be necessary to accomplish the required acceleration in accordance with the approved Change Order. In such event the Owner shall reimburse the Construction Managerfor the costs of such acceleration subject to the Guaranteed Maximum Price. In no event shall the Construction Manager be entitled to compensation in excess of the adjusted Guaranteed Maximum Price. The Construction Manager shall require accurate daily records of a!I costs of the required acceleration and shall secure the Owner's approval of A-9 such records. 5.5 The Owner shall have the right to occupy, or use, any portion of the Work ahead of schedule. If use or occupancy ahead of schedule affects the Cost of the Projec# or the schedule for the Work, the Construction Manager shall so notify the Owner in writing within 7 days of discovering the Owner's intent to occupy or use a portion of the Work ahead of schedule, of the monetary extent or time impact of the Owner's actions on the Construction Manager's Work. The Owner shall consider the Construction Manager's writing as a request for a Change to the Work in accordance with Article 9, herein. ARTICLE 6 -Guaranteed Maximum Price 6.1 The "Guaranteed Maximum Price" (GMP) includes Cast of the Work required by the Contract Documents as defined in Article 8 herein, and the Construction Manager's fee as defined in Paragraph 7.2 herein. The GMP will be established based on Construction Documents prepared by the Architect/Engineer. The GMP is subject to modification for changes in the Work as provided in Article 9, herein. 6.2 The GMP will only include those taxes in the Cost of the Work which are legally enacted at the time the GMP is established. 6.3 All cost savings for the not-to-exceed value of the GMP shall be returned to the Owner as part of the net aggregate savings established when final accounting is submitted upon Final Completion of the Work, or at such earlier time as agreed to by the Owner and the Construction Manager. "Cost savings" are the net difference obtained by deducting from the Adjusted GMP, the documented Construction Manager's Fee, the expended portions of the construction contingency and the actual expenditures representing the Cost of the Work as defined in Article 8, herein, Liquidated damages, if any, are different from, and are not a part of this calculation. 6.4 In addition to the cost of work, the GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Contractor will be required to furnish documentation evidencing expenditures charged to this contingency prior to the release of funds by the Owner. Documentation for use of the Contingency shall be determined by the Owner. The Architect-Engineer shall verify the actual costs. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. If bids are received above the applicable line item in the GMP the deficiency will betaken from the contingency, however such events shall not be cause to increase the GMP. If bids are not received far a portion of the work at or below the applicable Fine item amount in the GMP, the Contractor may perform that portion of the work as acknowledged by the Owner or negotiate for its perFormance for the specified line item lump sum amount or less. 6.5 By execution of this Agreement, the Construction Manager certifies that all factual unit costs supporting the fees specified in this Agreement are accurate, complete and A-10 current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future, to support any additional fees that may be authorized, will also be accurate and complete. The fees specified in this Agreement and any additional fees that may be authorized in the future shall be adjusted to exclude any significant sums by which the Owner determines the fee was increased.due to inaccurate, incomplete, or non-current factual unit costs. 6.6 Adjustments to the GMP will be made as described in the Conditions of the Contract. ARTICLE 7 - Payments to Construction Manager 7.1 In consideration of the performance of the Contract, the Owner agrees to pay the Construction Manager, as compensation for its services an amount as set forth below: 7.1.1 For preconstruction services, the total sum amount to be paid in the amounts specified at the satisfactory completion of the following phases 100% Schematic Design 100% Design Development 50% Const. Docs. 100% Const. Docs. 7.1.1.1 Upon receipt of the Notice to Proceed, the Construction Manager steal! begin providing the indemnification described in the Conditions of the Contract, as part of the fee established for the first phase of preconstruction services. 7.1.2 Upon acceptance of the GMP, the amount established in the GMP Amendment to this Agreement, which includes the Construction Manager's fee as described in Paragraph 7.2 and the Cost of the Work as described in Article 8, to be paid monthly as described in the General Conditions of the Contract. 7.1.2.1 As required by Section 287.0585, Florida Statues, within seven (7}working days from receipt of payment from the Owner, the Construction Manager shall pay each Trade Contractor out of the amount paid to the Construction Manager on account of such Trade Contractor's Work, the amount to which said Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said Trade Contractor's Work. The Construction Manager shall, by appropriate agreement with each Trade Contractor, require each Trade Contractor to make payments to its subcontractors in a similar manner. 7.1.3 Pay requests for preconstruction services and forconstruction shall be documented in accordance with the General Conditions. 7.2 Construction Manager's Fee during the Construction Phase includes the following: 7.2.1 The cost of its home or branch office employees or consultants not at the Project A-l l site, including the cost of all benefits, insurance, and taxes attributable to wages and salaries and other company overhead expenses for said home office employees. 7.2.2 The cost of its field employees identified in Subparagraph 2.2.5 herein, or their approved replacements, including the cost of all benefits, insurance, and taxes attributable to wages and salaries for said field employees. 7.2.3 Genera! operating expenses of the Construction Manager's principal and branch offices other than the field office. 7.2.4 Any part of the Construction Manager's capita! expenses, including interest on the Construction Manager's capital employed for the Work. 7.2.5 Overhead and profit, or general expenses of any kind, except as may be expressly included in Article 8, herein, as Cost of the Work. 7.2.6 All travel and per diem costs of Construction Manager's employees and consultants. 7.2.7 Those services set forth in Article 2.2. 7.2.8 Expenses such as long distance telephone calls, telephone service at the site, postage, office supplies, expressage, and similar items in connection with the Work. 7.2.9 Cost of equipment such as typewriters, cameras, radios, computers, pagers, copiers, facsimile equipment, telephones, dictating units, #railers, vehicles and furniture purchased or rented by the Construction Manager 7.2.10 Administration of direct tax savings purchase program. 7.3 Adjustments in the fee will be made as follows: 7.3.1 Adjustments due to Changes in the Work shall be made as described in the General Conditions of the Contract. 7.3.2 Far delays in the Work caused by the Owner, the Construction Manager shall be entitled to additional fees to compensate the Construction Manager for its increased expenses. The amount of this increased fee shall be calculated at a daily rate derived by dividing the basic fee (excluding overhead and profit} established in the accepted GMP proposal by the Contract Time established in the GMP Amendment to the Agreement. 7.4 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre audit and post audit thereof. ARTICLE 8 -Cost of the Work 8.1 The term "Cost of the Work" shall mean costs including General Conditions costs, incurred in the Work as described and defined in Paragraph 8.2, below, and paid or A- 12 incurred by the Construction Manager, which are not included in Paragraph 7.2, less any reimbursement for scrap value and cash or trade discounts, subject to Article 10, herein. The term "wages" used herein steal! include the straight time and overtime pay and the cost of associated employee benefits. Employee benefits include, but are not limited to, unemployment compensation, social security, compensated absences, and other mandatory and customary contributions and fringe benefits insofar as such costs are based on wages, salaries; or other remuneration paid to employees of the Construction Manager. Employee benefits do not include Workers' Compensation insurance when such insurance is provided by the Owner in accordance with Article 11. 8.1.1 The Owner agrees to pay the Construction Manager for the Cost of the Work as defined in Article 8, herein, through completion of the Work. Such payment shall be in addition to the Construction Manager's Fee as stipulated in Paragraph 7.2, herein. 8.2 Cost of the Work includes and is limited to actual expenditure for the following cast items: 8.2.1 Subject to prior approval by the Owner, wages paid for labor in the direct employ of the Construction Manager other than those provided under Paragraph 7.2, herein, as a part of the Construction Manager's Fee in the performance of the Work under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the Owner and Construction Manager, and including benefits, if any, as may be payable with respect thereto. 8.2.2 The cost of all materials, supplies and equipment incorporated in the Work or stored on site, including cost of transportation and storage thereof. At the Owner's sole discretion, the Owner may make payment for materials, supplies and/or equipment stored off-site and bonded. 8.2.3 Payments made by the Construction Manager to Trade Contractors for their Work performed pursuant to Trade Contracts with the Construction Manager. 8.2.4 Cost of the premiums for all insurance or bonds including Trade Contractor bonds which the Construction Manager is required to procure by this Agreement, or other insurance or bonds subsequently deemed necessary by the Construction Manager, and agreed upon by the Owner. The cost of insurance for the Construction Manager, trade contractors, and sub-subcontractors at any tier in the Work shall be excluded far any insurance to be provided by the Owner in accordance with Article 11 herein. 8.2.5 Sales, use, gross receipt, or similar taxes related to the Work imposed by any governmental authority and for which the Construction Manager is liable. 8.2.6 Building and operating permit fees, inspection and filing fees, sewer and waterfees, and deposits lost far causes other than the Construction Manager's own negligence. 8.2.7 Cost of removal and disposal of all debris including clean-up and trash removal. A-13 8.2.8 Cost incurred due to an emergency affecting the safety of persons and/or property. 8.2.9 Subject to prior written approval by Owner, legal casts reasonably, and properly, resulting from prosecution of the Work for the Owner provided, however, that #hey are not the result of the Construction Manager's own negligence or malfeasance. Legal costs incurred in connection with disputes solely between the Construction Manager and the Owner or incurred in connection with disputes between the Construction Manager and Trade Contractors are the responsibility of the Construction Manager and shall not be included in the Cost of the Work. 8.2.10 Cost to the Construction Manager of temporary electric power, lighting, water, sanitary facilities, and heat required for the performance of the Work: or required to protect the Work from weather damage. 8.2.11 Cost to the Construction Manager of temporary safety-related protection including barricades and safety equipment, temporary roads and parking, dust control, pest control, installation and operation of temporary hoists, scaffolds, ladders and runways, and temporary project signs and costs of permits and fees pursuant to the General Conditions of the Contract. 8.2.12 Cost of watchmen or similar security services. 8.2.13 Cost of surveys, measurements and layout work reasonably required for the execution of the Work or the requirements of the Agreement. 8.2.14 Cost of preparation of shop drawings, coordination plans, photographs, or as-built documents not included in Trade Contracts. 8.2.15 All costs for reproduction of documents to directly benefit the work. 8.2.16 Costs directly incurred in the performance of the Work and not included in the Construction Manager's Fee as set forth in Paragraph 7.2, herein. 8.2.17 Cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen which are employed or consumed in the performance of the Work. 8.2.18 Rental charges ofi al( necessary machinery and equipment, including hand tools used in the performance of the Work, whether rented from the Construction Manager or others, including installation, repairs and replacements, dismantling, removal, costs of lubrication, transportation and delivery costs thereof. 8.2.19 Costs associated with setting up and demobilizing tool sheds, temporary fences, temporary roads, and temporary fire protection. A-14 ARTICLE 9 -Changes in the Work 9.1 The Owner, without invalidating this Agreement, may order changes in the Work within the general scope of this Agreement consisting of additions, deletions, or other revisions. Ali changes in the Work shall be authorized as described in the General Condition of the Contract. Except in eases of emergency endangering life or property, the Construction Manager shall allow no Changes in the Work without the prior written approval of the Owner. ARTICLE 10 -Discounts 10.1 All quantity discounts shat! accrue to the Owner. Ai! trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment shall be credited to the Owner. ARTICLE 11 -Insurance 11.1 The Construction Manager shall provide insurance as required by the General Conditions of the Contract. 11.2 The Owner may elect to purchase insurance under an Owner Provided or Controlled Insurance Program, Master Contractor Insurance Program, Municipality Controlled Insurance Program or a Contractor Controlled Insurance Program, in which case the Construction will provide coordination with the Owner and the Owner's insurance broker, as required. The Owner will inform the Construction Manager of its infiention regard'sng insurance in sufficient time before the execution of the Guaranteed Maximum Price amendment to allow the Construction Manager to arrange for insurance and include the costs in the GMP, if necessary. 11.3 For insurance coverage, if provided by the Owner in accordance with Paragraph 11.2 above, the Owner shall provide insurance in effect from the issuance of the Notice to Proceed with the Work until Final Completion of the Work, and the Construction Manager shall ensure that each Trade Contractor and Sub-subcontractor are insured under the Owner's insurance programs, in accordance with this Article. ARTICLE 12 -Contract TimeLLiguidated Damages 12.1 The work will be substantially completed within calendar days from the date of the issuance of the Notice to Proceed, and completed and readyforfinal payment in accardance with paragraph 15.13 of the General Conditions within calendar days from the date of Substantial Completion. 12.2 Liquidated Damages. The Owner and Construction Manager recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 12.1 above, plus any extensions thereof allowed in accardance with Article 13 of the General Conditions. A-15 They also recognize that the actual lass suffered by the Owner if the Work is not completed on time is not readily ascertainable at the time of entering this Contract. Accordingly, instead of requiring any such proof, the Owner and Construction Manager agree that as liquidated damages far delay (but not as a penalty) Construction Manager shall pay the Owner, one thousand dollars ($1,000) for each day that expires after the time specified in paragraphs 12.1 for substantial completion until the Work is substantially complete. After Substantial Completion if Construction Manager shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the Owner, Construction Manager shall pay Owner, five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 12.1 far completion and readiness forfinal payment. Construction Manager expressly acknowledges that such sum is not payable as a penalty but as liquidated damages representing a reasonable estimate of delay damages, inconvenience and additional overhead and costs likely to be sustained by the Owner, estimated at the time of executing the Contract. if the owner reasonably believes in its discretion that Substantial Completion will be delayed, it shall be entitled, but not required to withhold from any amounts otherwise due the Construction Manager an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. Partial use or occupancy of the Work shall not result in the Work deemed substantially completed, and such partial use or occupancy shall not be evidence of Substantial Completion. It shall be understood and agreed that the liquidated damages referred to herein serves to compensate Owner for the loss of use of the Project and does not include the cost to Owner of expenses relating to professional services, consulting fees permit fees, renewals, utilities, taxes and the like necessitated or incurred due to the extended project duration. ARTICLE 13 - No Damages For Delay 13.1 All time in the Contract Documents is calculated on a consecutive calendar day basis. 13.2 Time is of the essence in this Contract, and any breach of same shall go to the essence hereof, and Construction Manager, in agreeing to complete the Work within the time herein mentioned, has taken into consideration and made allowances for al! reasonable hindrances and delays incident to his work. 13.3 Construction Manager agrees to commence the Work when directed by the Owner and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project by other trades so that the Owner shall not be delayed by any act or omission of Construction Manager in completion of the Project within the time specified above. 13.4 Construction Manager shall not be entitled to any claim for damages on account of hindrance or delays from any cause whatsoever, but if caused by any act of God or active interference on the part of the Owner, such act, hindrance or delay may only entitle the Construction Manager to receive an extension of time as its sole and exclusive remedy, as set forth in Article 13 of the Contract General Conditions. A-16 13.4.1 Any extension of time to complete the Work shalt be determined by the ArchitectlEngineer provided the Construction Manager provides Architect/Engineer and Owner with notice in writing of the cause of said act, hindrance or delay within twenty (20) days after its occurrence. 13.4.2 In the event the request for extension is not made in writing within that twenty (20) day time period, Construction Manager acknowledges and agrees it has forever waived any and all rights to such an extension. 13.4.3 All extensions of time shall be authorized only by a written change order executed by the Owner, Architect/Engineer and Construction Manager; in the absence of a written and fully executed change order, Construction Manager shall not be entitled to any claim for additional time. 13.4.4 This "no damage for delay" provision shall encompass any damages for delay, acceleration or disruption even if the Construction Manager completes construction of the Work in a timely fashion in accordance with this Contract. 13.4.5 Damages as referenced in this "no damage for delay" provision shall include any type of damages that are or could be awarded by any court or arbitration panel such as, by way of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and/or punitive damages. 13.4.6 The Construction Manager recognizes and specifically acknowledges the terms and conditions of this "no damage far delay' clause upon execution of this Contract. ARTICLE 14 - Contract Documents The Contract Documents which comprise the entire agreement between the Owner and Construction Manager concerning the Work consist of the following: 14.1. Request for Proposals. 1.4.2. Construction Manager's Proposal. 14.3. This Agreement. 14.4. Exhibits to this Agreement. 14.5. Florida Performance Bond. 14.5. Florida Payment Bond. A-17 14.7. Certificates of Insurance. 14.8. Notice of Tentative Award. 14.9. Notice to Proceed. 14.10. Certificate of Subsfiantial Completion. 14.11. Warranty of Title. 14.12. Final Receipt. 14.13. General Conditions. 14.14. Supplemental General Conditions as listed in TABLE OF CONTENTS thereof. 14.15. Technical Specifications as listed in TABLE OF CONTENTS thereof. 14.16. Drawings, consisting of cover sheet and sheets numbered ~, through _, with each sheet bearing the following general title: City of Delray Beach Project No. 2006-052 14.17. Addenda number to ,inclusive. 14.18. Documentation-submitted by CONTRACTOR prior to Notice of Tentative Award {pages to ,inclusive). 14.19. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: A11 Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pur- suant to paragraphs 4.4 and 4.5 of the General Conditions. 14.20. The documents listed in paragraph 14.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above}. There are no Contract Documents other than those listed above in this Article 14. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 4.4 and 4.5 of the General Conditions. ARTICLE 15 -Indemnity In consideration of Ten Dollars ($10.00} in hand paid and other valuable consideration, receipt of which is hereby acknowledged, Construction Manager agrees to defend, A-18 indemnify and hold harmless the Owner, their agents and employees in accordance with paragraph 7.28 of the Genera{ Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.OC, as amended. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefore. ARTICLE 16 -Reimbursement of ArchitectlEngineer Expenses Should the completion of this Contract be delayed beyond the specified or adjusted time limit, Construction Manager shall reimburse the Owner for all expenses of consulting and inspection incurred by the Owner during the period between said specified or adjusted time and the actual date of final completion. All such expenses far consulting and inspection incurred by the Owner will be charged to Construction Manager and be deducted from payments due Construction Manager as provided by this Contract. Said expenses shall be further defined as Architect/Engineer charges associated with fhe construction contract administration, including resident project representative costs. ARTICLE 17 -Weather Protection The Construction Manager shall ascertain what temporary enclosures, if any, of building areas should be provided for and maybe provided as a practical matter, in order to assure orderly progress of the work in periods when extreme weather conditions are likely to be experienced. He shall submit to the Construction Team his recommendations as to needed requirements of this nature and as to the contract or contracts in which they should be included. ARTICLE 18 -Warrant The Construction Manager shall warrant that all materials and equipment included in the Work will be new except where indicated otherwise in the Contract Documents, and that the Work will be of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and specifications. With respect to the Work, the Construction Manager further agrees to correct all work found by the Owner to be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of one year from the Date of Final Completion or far such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications. The Construction Manager shall collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents. Also, the Construction Manager shall conduct, jointly with the Owner and the Architect/Engineer, a warranty inspection eleven (11) months after the date of Final Completion. ARTICLE 19 -Subcontractors The Construction Manager shall request and receive proposals from Sub-Contractors and suppliers and will award those contracts to the qualified low bidder after he has reviewed A-19 each proposal and is satisfied that the Sub-Contractor is qualified to perform the work 19.3 Required Sub-Contractors' Qualifications and Subcontract Conditions 19.3.1 Subcontractual Relations By an appropriate written agreement, the Construction Manager shall require each Sub- contractor to the extent of the work to be performed by the Sub-Contractor, to be bound to the Construction Manager by the terms of the Contract Documents, and to assume toward the Construction Manager ail the obligations and responsibilities which the Construction Manager by these Documents, assumes toward the Owner and the ArchitectlEngineer. Said agreements shall preserve and protect the rights of the Owner and Architect/Engineer under the Contract Documents with respect to the Work to be performed by the Sub- contractor so that the subcontracting thereof will not prejudice such rights. Where appropriate, the Construction Manager shall require each Sub-Contractor to enter into similar agreements with his Sub-Subcontractor. The Construction Manager shall make available to each proposed Sub-Contractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Sub- Contractorwill be bound by this Article 19.3 and identify to the Sub-Contractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Sub-Contractor shall similarly make copies of such Documents available to his Sub-Subcontractors 19.3.2 Subcontract Requirements On subcontracts where the bid exceeds $100,000, the Construction Manager shall require Sub-Contractors to provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance. If the Construction Manager wishes to award subcontracts to subcontractors unable to supply this banding, he shall request special authorization by the owner to do so. Upon providing justifiable background information, such authorization shall not be withheld unreasonably. Subcontract bidders must submit experience, bonding capability and financial condition. The Sub-Contractors experience, bonding capability and financial condition must demonstrate that adequate assets and equipment are available to properly perform the subcontract. 19.3.3 Sub-Contractor experience The Sub-Contractor must have successfully completed no Tess than two projects of similar size and complexity within the East five years. 19.3.4 Supervision The Sub-Contractor must agree to provide field (on-site) supervision through a named superintendent for each trade (general concrete forming and placemen#, masonry, mechanical, plumbing, electrical and roofing} included in the subcontract. In addition, the Sub-Contractor shall assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the Sub-Contractor (including field superintendent, A-20 foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project far at least two years within the last five years. The Sub-Contractor shall include a resume of experience for each employee identified by him to supervise and schedule his work. 19.3.5 Ail subcontracts shall provide: a. LfMITATION OF REMEDY - NO DAMAGES FOR DELAY That the Sub-Contractors exclusive remedy for delays in the performance of the contract caused by events beyond its control, including delays claimed to be caused by the Owner or ArchitectlEngineer or attributable to the Owner or Architect/Engineercnd including claims based on breach of contract or negligence, shall be an extension of its contract time. In the event of a change in the work the Sub-Contractors claim for adjustments in the contract sum are limited exclusively to its actual casts for such changes plus no more than 15% for overhead and profit and bond costs. Each subcontract shall require the Sub-Contractor to expressly agree that the foregoing constitute the sole and exclusive remedies for delays and changes in the work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. b. Each subcontract shall require that any claims by Sub-Contractor for delay or additional cost must be submitted to Construction Manager within the time and in the manner in which the Construction Manager must submit such claims to the Owner, and that failure to comply with the conditions far giving notice and submitting claims shall result in the waiver of such claims. 19.4 Responsibilities for Acts and Omissions The Construction Manager shall be responsible to the Owner for the acts and omissions of his employees and agents and his Sub-Contractors, their agents and employees, and all other persons performing any of the work or supplying materials under a contract to the Construction Manager. ARTICLE 20 -Termination of the Agreement and Owner's Right to Perform Construction Manager's Obligations 20.1 Termination by the Construction Manager If the Project is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Construction Manager, or the Owner fails to perform its material obligations to-the Construction Manager for a period of sixty {60) days after receiving notice from the Construction Manager of its intent to terminate hereunder, then the Construction Manager may, upon seven days written notice to the Owner, terminate performance under this Agreement by written notice to the Owner and the Architect/Engineer. In such event, the Construction Manager shall be entitled to recover from the Owner as though the Owner A-21 had terminated the Construction Manager's performance without cause pursuant to the terms and conditions of this Agreement. 20.2 Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause 1. If the Construction Manager fails to perform any of his obligations under this Agreement, the Owner may, after seven (7) days written notice during which period the Construction Manager fails to perform such obliga#ion, make good such deficiencies. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. 2. If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case tar which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shalt be defined as any activity on the critical path that falls forty-five (45) days or more behind schedule) which has been adopted by the Construction Team, or if he fails to make prompt payment to Sub-Contractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Managerfails to commence to cure the violation, terminate the employment of the Construction Manager and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Construction Manager, and may finish the Project by whatever method Owner may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 6. Reasonable termination expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager. 3. If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written native, during which period Construction Manager sti[I fails to allow access, terminate the employment of the Construction Manager and take possession of the site and of all documents, papers, letters, or other materia! subject to the provisions of Chapter 119, Florida Statute and ail materials, equipment, tools, construction equipment and machinerythereon, owned by the Construction Manager, and may finish the project by whatever method he may deem expedient. fn such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations A-22 assumed under Article 6. Reasonable termination expenses incurred by the Owner maybe deducted from any payments left owing the Construction Manager. 4. If the Owner is unable to obtain ownership of all parcels required for this project, as determined by Owner, in its sole discretion, then Owner may terminate this Agreement upon ten (10) days written notice. Owner shall pay Construction Manager only for the fees and costs incurred by the Construction Manager through the da#e of termination. 20.3 Termination by Owner Without Cause 1. If the Owner terminates this Agreement without cause, he shall reimburse the Construction Manager for any unpaid Cost of the Project due him under Article 7, plus that part of the unpaid balance of the Construction Phase Fee in an amount as will increase the payment on account of his fee to a sum which bears the same ratio to the Construction Phase Fee as the Cost of the Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the Owner's Construction Budget. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or ren#al at the election of the Owner, for any equipment retained. In case of such termination of Agreement the Owner shalt further assume and became liable for obligations, commitments and unsettled contractual claims that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project. The Construction Manager shall, as a condition of receiving the payments referred to in this Article 20, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in hire the rights and benefits of the Construction Manager under such obligations or commitments. 2. After the establishment of the Guaranteed Maximum Price or at the completion of the Design Phase, if the final cost estimates or lack of legislative funding make the Project no longer feasible from the standpoint of the Owner, the Owner may terminate this Agreement and pay the Construction Manager his proportionate fee due for preconstruction services plus any costs incurred. ARTICLE 21 - Ass~nment and Governing Law 21.1 Neither the Owner nor the Construction Manager shat! assign his interest in this Agreement without the written consent of the other. 21.2 This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County. ARTICLE 22 -Miscellaneous 22.1. Terms used in this Agreement which are defined in Article 1 of the General Con- ditions and Article 1 of this Agreement will have the meaning indicated. A-23 22.2. The Owner and Construction Manager each binds itself, its partners, its successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives inrespect ofall covenants, agreements and obligations contained in the Contract Documents. 22.3 Interest. Any monies not paid when due to either party under this contract shall not bear interest except as may be required by law. 22.4 Criminal Acts. Employment by any Construction Manager of any employees or Trade Contractors hired by the Construction Manager with multiple felonies will not be tolerated. The Construction Manager musfi provide documented proof of efforts to comply with this requirement. The Owner may declare any non-compliance or lack of diligent effort by the Construction Manager to comply as a breach of contract and immediately terminate the services of the Construction Manager. 22.5 The agreement shall be void if not signed by both the Owner and the Construction Manager. IN WITNESS WHEREOF; the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: CITY OF DELRAY BEACI~I By: Mayor By: (Name Printed or Typed) (Name Printed or Typed) A-24 STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of , 200, by as (name of officer or agent, title of officer or agent}, of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. CERTIFICATE {if Corporation) STATE OF FLORIDA } }SS COUNTY OF } I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20~ the following resolution was dopy passed and adopted: "RESOLVED", that as President of the corporation, be helshe is hereby authorized to execute the Agreement dated , 20_, between the City of Defray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in fuH force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of 20 (Secretary) (Corporate Seal) A-25 SURETY PERFORMANCE AND PAYMENT BOND Bond No: By this Bond, We The Weitz Compnay, L.L.C., as Principal, whose principal business address and phone number are , as Contractor under the contract da#ed , 20 .between Principal and the City of Delray Beach, whose principal address and phone number are for the construction of Project No. 2006-t?52, more particularly described as Miller Park and located at 1905 SW 4th Avenue, Defray Beach, Florida (hereinafter referred to as "Contrac#") the terms of which Contrac# are incorporated by reference in its entirety into this Bond and as Surety, whose principal business address and telephone number are the sum of (U.S. dollars} $ ,for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that Principal: 1. Performs, all the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made a part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and a!! damages for delay; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1) Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided far in the contract and 3. Pays City all losses, damages, including damages for delay, expenses, costs and attorneys fees, including appellate proceedings, that Ci#y sustains because of a default by Principal under the Contract, including but not Limited to a failure to honor all guarantees and warranties ar to cure latent defects in its work or materials within 5 years after completion of the work under the Con#ract; and 4. Performs the guarantee of all work and materials furnished-under the contract for the time specified in the Contract, including ail warranties and curing all latent defects within 5 years after completion of the work under the Contract; then this bond is void; otherwise it remains in full force. 1n the event that Principal shah fail to comply fully with, carry out and perform the terms and conditions of the Contract the Surety, following receipt of a written demand by the Obligee to correct Principal's default(s), and having failed to correct such defaul# (s) within a reasonable time ,shall be deemed to be in default fifteen days after receipt of an additional written demand by the Obligee to correct the Principal's default, and the Obligee shall be entitled to enforce any remedy against Surety available to the Obligee including, but not limited to recovery of damages for the Surety's delay. PRB & PYB-1 If no specific periods of warranty are stated in the Contract for any particular item or work, material or equipment, the warranty steal! be deemed to be a period of one (I) year from the date of final acceptance by the City. This Band does not limit the City's ability to pursue suits directly with the Principal seeking damages far latent defects in materials or workmanship, such actions being subject to the limitations found in Section 95.11(3)(c), Florida Statutes. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the day of 20_ CONTRACTOR (Contractor Name) BY: (President) (Managing Partner or Joint Venturer) (SEAL) COUNTERSIGNED BY RESIDENT SURETY: FLORIDA AGENT OF SURETY: Name: (Copy of Agent's current Identification Card as issued by State of Florida Insurance Commissioner must be By: Attached} Name Attorney-in-Fact (CORPORATE SEAL) PRB & PYB-2 LIMITED POWER OF ATTORNEY The Weitz Company, L.L.C and (Principal) (Surety) hereby grants the City Clerk of the City of Deiray Beach Power of Attorney to insert the date of execution on the contract, surety bonds to the contract and agreement entitled, In Witness Whereof, we have hereunto set our hand and seat this day of 2aT Principal (SEAL) Witnesses: Print Name: Surety (SEAL) Print Name: STATE OF _ COUNTY OE CORPORATE ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this day of 20_, by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me} {or has produced identification) (type of identification) (as identification). Signature and Stamp of Notary Public LPA-1 CERTIFICATE OF SUBSTANTIAL COMPLETION Miller Park City of Delray Beach Project No. 2006-052 CONTRACTOR: CONTRACT DATE: This Certificate of Substantial Completion applies to ail Work under the Contract Documents or to the following specified parts thereof: TO: City of Delray Beach, Florida AND To: The Weitz Company, L.L.C (CONTRACTOR) The Work to which this Certificate applies has been inspected by authorized representatives of the CITY, CONTRACTOR and CONSULTANT, and that Work is hereby declared to be substahtially complete in accordance with the Contract Documents on: (Date of Substantia! Completion) A tentative list of items to be completed or correc#ed is attached hereto. This list may not be an-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of Substantial Completion. The responsibilities between the CITY and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: CITY: CONTRACTOR: The Wel#Z Company, L.LC The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. CSC-1 Executed by CONSULTANT an , 20 , By:_ Title: CONTRACTOR accepts this Certificate of Substantial Completion on: 20 By: _ Title: The CITY accepts this Certificate of Substantial Completion on: 20_ By: Title: CSC-2 WARRANTY OF TITLE (For Periodic Progress Payments) STATE OF FLORIDA ) ) SS CONTRACTOR: The WeIfZ Company, L.LC_ COUNTY ) Miller Park City of Delray Beach Project No. 2006-052 BEFORE ME, the undersigned authority, personally appeared (the "Affiant"), who after being duly sworn, says that he is the "CONTRACTOR", pursuant to a Contract (the "Contract") dated , 20 ,with the CITY OF DELRAY BEACH, FLORIDA, (the "OWNER"}, for the supply of certain Tabor andlor materials (The "Work"}, to certain property, as shown and described in the Contract Documents, subsequent Addenda or Change Orders, and on behalf of the Contractor makes the following warranties: The CONTRACTOR warrants that it has fully completely in accordance with the plans and specifications therefor, that portion of The Work, pursuant to the Contract (the "Completed Work"} covered by the attached Periodic Progress Payment Request. The CONTRACTOR further warrants and represents that: A[I subcontractors, vendors, material men, suppliers and other parties of whatever kind of nature who are entitled to payment from the CONTRACTOR for providing Tabor andlor materials to the CONTRACTOR pursuant to the Con#ract as of the date in the last previous request for payment have been paid in foil and therefore have delivered to the CONTRACTOR validly executed Partial Release of claims with respect thereto. 2. Title to all materials and equipment covered by the attached Periodic Pay Request for Payment dated , 20_, passes to the City at the time of payment free and clear of all liens. (Contractor) (Signature) (Title) SWORN TO AND SUBSCRIBED before me this day of 20 Signature and Stamp of Notary Public WT-1 F{NAL RECEIPT STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: ~. He/she is of The Weitz Company, L.L.C (Title) (Name of Corporation or Firm) a corporation which is named in Construction Contract dated the day of , 20_, between said corporation as the CONTRACTOR and the CITY OF DELRAY BEACH, FLORIDA (the CITY) as the OWNER for the construction af: Miller Park City of Delray Beach Project No. 2006-052 2. CONTRACTOR has fully completed all construction and work under the Contract and Title to all work, materials and equipment under the Contract passes to the CITY at the time of final payment, free and clear of all liens, and all labors, and material men and subcontractors have been paid in full for performing or furnishing the work, labor or materials under the Contract 3. Receipt by CONTRACTOR of the final payment from CITY in the amount $ shall constitute a full release and discharge by CONTRACTOR to the CITY of all claims or liens of CONTRACTOR against OWNER arising out of, connected with, or resulting from performance of the Contract, including full payment for all extra work and material furnished by the undersigned in the construction of said improvements. 4. The undersigned further certifies that all non-exempt taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. 5. This statement under oath is given in compliance with Sec#ions 713.05 and 713.0$, Florida Statutes. Signed and sealed in the presence of Affiant Contractor By: Print Name: Title: Sworn to and subscribed before me this day of , 20 Signature and Stamp of Notary Public FR-1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT FOR THE CITY OF DELRAY BEACH, FLORIDA TABLE OF CONTENTS OF GENERAL CONDITIONS ART GC NO. TITLE PAGE NO. 1. DEFINITIONS 5 2. THE WORK 8 3. PRELIMINARY MATTERS 10 Delivery of Documents 10 Copies of Documents 10 Commencement of Cantract Time; Notice to Proceed 10 Starting the Project 10 Before Starting Construction 10 Preconstruction Conference 12 Finalizing Scheduling 12 4. CONTRACT DOCUMENT; INTENT AMENDING; REUSE 12 Intent 12 Amending and Supplementing Contract Documents 14 Reuse of Documents 14 5. AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 14 Availability of Lands 14 Physical Conditions 15 Physical Conditions--Underground Facilities 17 Reference Points 18 6. BONDS AND INSURANCE 19 Bonds 19 Contractor's Insurance 20 GC-1 ART G C NO. TITLE PAGE NO, 7. CONTRACTOR'S RESPONSIBILITIES 23 Supervision and Superintendence 23 Labor, Materials and Equipment; Hours of Work 24 Adjusting Progress Schedule 24 Substitutes or "Or-Equal" Item 24 Concerning Subcontractors, Suppliers and Others 26 Patent Fees and Royalties 27 Permits 27 Laws and Regulations 28 Taxes 28 Use of Premises 28 Record Documents 29 Safety and Protection 29 Emergencies and Precautions During Adverse Weather 30 Shop Drawings and Samples 31 Continuing the Work 32 Indemnification 33 8. OTHER WDRK 33 Related Work at Site 33 Coordination 34 9. THE CITY'S RESPONSIBILITY 34 10. CONSULTANT'S STATUS DURING CONSTRUCTION 35 City's Representative 35 Visits to Site 36 Project Representation 36 Clarifications and Interpretations 39 Authorized Variations of Work 39 Shop Drawings, Change Orders and Payments 40 Determination for Unit Prices 40 Decisions on Disputes 40 Limitations on Consultant's Responsibilities 41 GC-2 ART GC NO. TITLE PAGE NO. 11. CHANGES IN THE WORK 41 12. CHANGE OF CONTRACT PRICE 43 Cas# of the Work 44 Contractor's Fee 47 Cash Allowances 47 Unit Price Work 48 Omitted Work 48 13. TIME AND DELAYS 49 14. WARRANTYAND GUARANTEE; TEST AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 50 Access to Work 50 Tests and Inspections 51 Uncovering Work 51 City May Stop-the Work 52 Correction or Removal of Defective Work 52 One Year Correction Period 52 City May Correct Defective Work 53 15. PAYMENTS TO CONTRACTOR AND COMPLETION 54 Application for Progress Payments 54 Contractor's Warranty of Title 55 Review of Applications for Progress Payment 55 Substantial Completion 57 Partial Utilization 58 Final Inspection 59 Final Application for Payment 59 Final Payment and Acceptance 60 Contractor's Continuing Obligation 61 16. SUSPENSION OF WORK AND TERM/NATION 61 City May Suspend Work 61 City May Terminate 61 Contractor May Stop Work or Terminate 63 GC-3 ART GC NO. TITLE PAGE NO. 97. MISCELLANEOUS 63 Giving Notice 63 Computation of Time 64 No Limitation of Rights and Remedies 64 Accident and Prevention 64 Florida Products and Labor 65 Employees 65 Non-Discrimination 65 Drug-Free Workplace 65 Assignment 66 Venue 66 Asbestos 66 Right to Audit 66 GC-4 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Wherever used in these Genera( Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and p(uraf thereof: ADDENDA -Written or graphic instruments, explanations, interpretations, changes, corrections, additions, deletions or modifications of the contract documents issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. AGREEMENT -The written agreement between the CITY and CONTRACTOR covering the Work to be performed; when other Contract Documents are attached to the Agreement, they became a part of the contract. The Agreement is also referred to as the Contract. APPLICATION FOR PAYMENT -The form accepted by CONSULTANT which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. BID -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed, properly signed or guaranteed. BONDS -Bid, Performance and Payment bonds and other instruments which protect against loss due to inability, failure ar refusal of the CONTRACTOR to perform the work specified in the contract documents. CALENDAR DAY - A calendar day of 24 hours measured from midnight to the next midnight, including Saturdays, Sundays and holidays and regardless of the weather. CHANGE ORDER - A document recommended by CONSULTANT which is signed by the CONTRACTOR and the CITY which authorizes an addition, deletion, or revision in the work, or an adjustment in the Contract Price or Contract Time, issued on or after the execution of the Agreement. Change Orders must be in writing and verbal agreements of any matter are expressly excluded from any definition. CITY -The City of Delray Beach, Florida, a Florida municipal corporation, its authorized and legal representatives, the public entity with whom the Contractor has entered into the agreement and for whom the work is to be provided. CONSTRUCTION SUPERINTENDENT -The construction superintendent shall be in attendance at the project site during performance of the Work and shall represent the CONTRACTOR. Communications given to the construction superintendent or decisions GC-5 made by the construction superintendent shall be as binding as if given to or made by the CONTRACTOR. Important communications or decisions shall be confirmed in writing. Other communications or decisions shall be similarly confirmed by written request in each case. CONSULTANT(S) -City of Delray Beach Environmental Services Dept., Engineering Division or its authorized agents, inspectors or representatives acting within the scope of duties entrusted to them by the CITY. CONTRACT DOCUMENTS -The Advertisement for Bids, instructions to Bidders, Proposal, Bid Bond, Agreement, Payment Bond, Performance Bond, Certificate of Insurance, Notice of Tentative Award, Notice to Proceed, Certificate of Substantial Completion, Warranty of Title, Final Receipt -Release of Lien, General Conditions, Supplemental General Conditions, Technical Specifications, Contract Drawings, Addenda and Change Orders executed pursuant to the Contract Documents. CONTRACT PRICE -The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Documents which can be modified only by written change order. CONTRACT TIME -The number of successive calendar days stated in the Contract Documents for the completion of the Work. CONTRACTOR -The person, firm, or corporation with whom the CITY has executed the Agreement to furnish the Work called for in the Contract Documents and its representatives, agents, employees, officers, directors and all others affiliated therewith. DEFECTIVE WORK -Work determined by the City or Consultant to be unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that daes not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; or Work that has been damaged prior to the CONSULTANT'S recommendation of final payment. DRAWINGS -The drawings, plans, maps, profiles, diagrams, and other graphic representations which show character, location, nature, extent and scope of the Work, which have been prepared or approved by CONSULTANT and which are considered part of the Contract Documents. EFFECTIVE DATE OF THE AGREEMENT -The date indicated in the Agreement, but if no such date is indicated it means the date on which the Agreement is signed by the last of the two parties to sign the Agreement. FIELD ORDER - A written order by the CONSULTANT that doss not impact the cost or time of performance of the Work and for which no increase in Contract Sum or Contract Amount shall be permitted. GENERAL REQUIREMENTS -Division 1 of the Technical Specifications. GC-6 LAWS AND REGULATIONS LAWS ORREGULATIONS -Laws, rules, codes, regulations, ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations. NOTICE OF TENTAT-VEAWARD -The official written notice by the CITY to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein within the time specified, the CITY may enter into an Agreement for the price specified in the Bid. NOTICE TO PROCEED -The written notice issued by the CITY, or its agents, to the CONTRACTOR requiring the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time. PARTIAL UTILIZATION - Placing a portion of the Work in service for the purpose forwhich it is intended (or a related purpose) before reaching Substantial Completion for all the Work. PROJECT -The entire construction to be performed as provided in the Contract Documents. RESIDENT PROJECT REPRESENTATIVE (RPR) -The resident project representative, shat! be in attendance at the project site during performance of the Work and shall represent the CITY directly or through the CONSULTANT. Responsibilities ofthe RPR are further defined in Paragraph 10.3 of these General Conditions. SHOP DRAW INGS - A!i drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for the CONTRACTOR to illustrate some portion of the Work, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the CONTRACTOR to illustrate material or equipment for some portion of the Work. SPECIFICATIONS - (Same definition as for Technical Specifications hereinafter). SUBCONTRACTOR - An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. SUBSTANTIAL COMPLETION -The Work (or a specified part thereof) has progressed to the point where, in the opinion of CONSULTANT as evidenced by CONSULTANT'S definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. When the entire Project is considered to be Substantially Complete, this does not constitute Final Acceptance or Final Completion of the entire Project. Substantial Completion cannot occur in the absence of CONSULTANT'S express written approval of such. GG7 SUPPLEMENTARY CONDITIONS -The part of the Contract Documents which amends or supplements these General Conditions. SUPPLIER - A manufacturer, fabricator, supplier, distributor, materialman or vendor. SURETY -Any person, firm or corporation which is bound by bid or contract bond with and for the CONTRACTOR. TECHNICAL SPECIFICATIONS -Those portions of the Contract Documents consisting of the General Requirements and written technical descriptions of products and execution of the Work. UNDERGROUND FACILITIES - AA pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water supply or distribution, sewage and drainage removal, traffic or other control systems. UNIT PRICE WORK - Work to be paid for on the basis of unit prices rather than on alump- sum basis. WORK -The totality of any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the CONTRACTOR under the Contract Dacuments, whether completed or partially completed, including all labor, materials, equipment and other incidentals and the furnishing thereof. WORK DIRECTIVE CHANGE - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by the CITY and recommended by the CONSULTANT, ordering an addition, deletion or revision in the Work, orwhich references an emergency or unforeseen physical conditions under which the Work is to be performed. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. W RITTEN AMENDMENT - A written amendment of the Contract Documents, signed by the CITY and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2- THE WQRK 2.'1 The CONTRACTOR shall perform aEl of the Work required by the Contract Documents and shall provide materials, supplies, tools, equipment, labor, and services directly related to the Work, and shall perform the Work in a good and workmanlike GC-8 manner with sufficient manpower to perform the Work in accordance with the time requirements set forth in the Contract Documents, and shalt perform all other acts and supply all other things necessary to complete the Work in strict accordance with the Contract Documents. 2.2 When completed the Work shall conform to the requirements of the Contract Documents and be completely ready for occupancy and finally completed. 2.3 The CONTRACTOR represents and warrants that: 2.3.1 It is financially solvent and has sufficient working capital to perform obligations under this Construction Contract; 2.3.2 It is experienced and skilled in the construction of the type of project described in this Contract Document; 2.3.3 It is able to provide the labor, materials, equipment and machinery necessary to complete the Work for the agreed upon price; 2.3.4 It is a fully licensed under all applicable laws and authorized to do business in the State of Florida in the name of the entity identified as the "CONTRACTOR" in the Construction Contract; 2.3.5 It has visited the jobsite and examined its nature and location, including without limitation: the surface conditions of the site and any structure or obstruction both natural or man-made; the surface water conditions and waterways of the site and sur- rounding area; the subsurface conditions of the land as disclosed by soil test borings; and the location of electric and utility lines and water, sanitary, sewer and storm drain lines. The Contract acknowledges receipt and has reviewed the site geotechnical report as provided by the CITY. 2.3.6 It will comply with all federal, state and local government laws, rules regulations and building codes relating to its responsibilities as set forth in the Contract Documents. GC-9 ARTICLE 3 -PRELIMINARY MATTERS DELIVERY OF DOCUMENTS: 3.1. When the CONTRACTOR delivers the signed Agreements to the CITY, the CONTRACTOR shalt also deliver to the CITY such Bonds and Insurance Policies, Certificates or other documents as the CONTRACTOR may be required to furnish in accordance with the Contract Documents. COPIES OF DOCUMENTS: 3.2. The CITY shall furnish to CONTRACTOR five copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents or as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED: 3.3. The Contract Time will commence to run on the day indicated in any Notice to Proceed. A Notice to Proceed may be given at any time within sixty days after the Effective Date of the Agreement. STARTING THE PROJECT: 3.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but na Work shall be done at the site prior to the date on which the Contract time commences to run. BEFORE STARTING CONSTRUCTION: 3.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and ail applicable field measurements. CONTRACTOR shall promptly report in writing to CONSULTANT any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding wi#h any Work affected thereby; CONTRACTOR shall have a continuing obligation to the promptly report any conflicts, errors, ambiguities or discrepancies in the Contract Documents to the CONSULTANT over the duration of the Project. 3.5.1 The CONTRACTOR and Subcontractor have fiully examined and compared all Drawings, Specifications and other Contract Documents and have compared and reviewed all general and specific details on the Drawings and the various technical and administrative requirements of the Specifications. 3.5.2 With respect to all construction materials, labor, methods, means, techniques and sequence of procedures required to carry out the Work or safety precautions and GC-10 programs required in connection with carrying out the Work, all conflicts, discrepancies, errors and omissions that CONTRACTOR is aware of as a result of the examination and comparison of the Contract Documents have been either corrected or clarified to the satisfaction of the CONTRACTOR prior to execution of this Construction Contract. 3.5.3 The Contract Sum is reasonable compensation and represents the total lump sum cost for the Work and that all systems and Work shall be functional and in accordance with the requirements of the Contract Documents. 3.5.4 The Contract Time is adequate for the performance of the Work. 3.5.5 The CONTRACTOR is responsible for ail means, methods, techniques and sequencing of construction. 3.5.6 If, after execution of this Construction Contract, the CONTRACTOR detects a conflict, discrepancy, error or omission in the Contract Documents then it shall immediately notify CONSULTANT and CITY prior to proceeding with the specific potion of the Work. 3.5.7 CONTRACTOR shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up this Contract and shall immediately give written notice to the CITY and CONSULTANT of any conflict, ambiguity, error or omission which the CONTRACTOR may find with respect to these documents before proceeding with the affected Work. 3.5.8 in the event of a conflict among the Contract Documents, the most stringent requirement to the CONTRACTOR shah control. 3.6 At the preconstructioneonference, CONTRACTOR shall submit to CONSULTANT for review: 3.6.1. a proposed progress schedule indicating the starting and completion dates of the various stages of the Work; and 3.6.2. a preliminary schedule of Shop Drawing submissions and those shop drawings necessary to begin the work; and 3.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission ;and, 3.6.4. Preconstruction video tapes if required by the technical specifications 3.7. The CONTRACTOR shall not commence construction operations until the construction progress schedule, schedule of values and the shop drawing submission GC-11 schedule described above have been reviewed by the CONSULTANT for general conformance with the Contract documents. Failure of the CONTRACTOR to time{y submit the required documents for the CONSULTANT'S review shall notentitle Contractor to an extension of time or additional compensation under any circumstances. After review of the schedules, no deviation shall be made without prior written acceptance by the CITY for general conformance with the Contract Documents. PRECONSTRUCTION CONFERENCE: 3.8. After the Effective Date of the Agreement, but before CONTRACTOR starts W ork at the site, a conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by the CITY, CONSULTANT, or CONTRACTOR will be held to discuss the schedules referred to in paragraph 3.6, to discuss procedures far handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Nothing herein shall relieve the CONTRACTOR from the responsibility of contacting focal utilities and any other necessary agencies. FINALIZING SCHEDULES: 3.9. At feast ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, CITY, CONSULTANT and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 3.6. The finalized progress schedule will be acceptable to the CITY as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on the CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to the CITY as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to the CITY as to form and substance. ARTICLE 4 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE INTENT: 4.1. The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance wtth the laws of the State of Florida with venue in Palm Beach County, Florida. 4.2. it is the intent of the Contract Documents to describe a functionally complete Project (or part thereto) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonab{y be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to GG-12 describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governments! authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether ar not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties or responsibilities of the CITY, CONTRACTOR or CONSULTANT or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CONSULTANT'S, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 10.15 or 10.16. Clarifications and interpretations of the Contract Documents shall be issued by the CONSULTANT as provided in paragraph 10.4. 4.3. If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall immediately so notify the CONSULTANT, in writing, at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification. In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: 1. Change Order 2. Addenda 3. Agreement 4. Proposal 5. Supplemental General Conditions 6. Advertisement for Bids 7, instructions to Bidders 8. General Conditions 9. Technical Specifications 10. Contract Drawings a. Dimensions b. Full Size Details c. Full Size Drawings The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof. GC-13 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS: 4.4. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 4.4.1. a formal Written Amendment. 4.4.2. a Change Order (pursuant to paragraph 11.4), or 4.4.3. a Work Directive Change (pursuant to paragraph 11.2). As indicated in paragraphs 11.2 and 12.2, Contract Price and Contract Time may only be changed by a Change Order or by a Written Amendment. 4.5. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 4.5.1. a Field Order (pursuant to paragraph 10.5) 4.5.2. CONSULTANT'S approval of a Shop Drawing or sample (pursuant to paragraphs 7.26 and 7.27), or 10.4}. 4.5.3. CONSULTANT'S written interpretation yr clarification (pursuant to paragraph REUSE OF DOCUMENTS: 4.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents, drawings, technical specifications or other documents used on the work; and, they shall not reuse any of them on extensions of the Project or any other project without prior written consent of the CITY and CONSULTANT. ARTICLE 5 -AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS AVAILABILITY OF LANDS: 5.1. The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities wi(l be obtained and paid GC-14 for by the CITY, unless otherwise provided in the Contract Documents. CONTRACTOR shall provide for all additional (ands and access thereto that maybe required fortemporary construction facilities or storage of materials and equipment. 5.1.1. Occupying Private Land: The Contractor sha[I not (except after written consent from the proper parties) enter or occupy with men, tools, equipment or materials, any land outside the rights-of-way or property of the City. A copy of the written consent shall be given to the CITY. 5.1.2. Work in State, County and City Rights-of-Way and Easements: When the Work involves the installation of sanitary sewers, storm sewers, drains, water mains, manholes, underground structures, or other disturbances of existing features in or across street, rights-of-way, easements, or other properfiy, the CONTRACTOR shall (as the Work progresses) promptly back-fill, compact, grade and otherwise restate the disturbed area to a basic condition which will permit resumption of pedestrian or vehicular traffic and any other critical activity or function consistent with the original use of the land. Unsightly mounds of earth, large stones, boulders, and debris shall be removed so that the site presents a neat appearance. 5.1.3. Work Adjacent to Telephone, Power, Cable TV and Gas Company Structures: (n all cases where Work is to be performed near telephone, power, water, sewer, drainage, cable TV, or gas company facilities, the Contractor shall provide written notification to the respective companies of the areas of which Work is to be performed, prior to the actual performance of any Work in these areas. 5.1.4. Use of Public Streets: The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other vehicular and non- vehicular traffrc. Any earth or excavated material spilled from trucks shall be removed by the CONTRACTOR and the streets cleaned to the satisfaction of the CITY, the CONSULTANT, the Florida Department of Transportation, or other agency or governmental entity having jurisdiction, as applicable. PHYSICAL CONDITIONS: 5.2 5.2.1. Explorations and Reports; Where applicable, reference is made in the technical specifications, for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by CONSULTANT in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations, oropinions contained therein or for the completeness for CONTRACTOR'S purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. Except as indicated in the immediately preceding sentence and in paragraph 5.3, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. GC-15 5.2.2. Existing Structures: Where applicable, reference is made to the technical specifications, for identification of those drawings of physical conditions in or relating to existing surface and subsurface s#ructures (except Underground Facilities referred to in paragraph 5.3) which are at or contiguous to the site that have been utilized by CONSULTANT in preparation of the Contract Documents. CONTRACTOR may rely upon the general accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR'S purposes including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. Except as indicated in the immediately preceding sentence and in paragraph 5.3, CONTRACTOR shall have foil responsibility with respect to physical conditions in or relating to such structures. However, where the dimensions and locations of existing structures are of critical importance in the installation or connection of new work, the CONTRACTOR shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. There shall be no additional cost #o the CITY for CONTRACTOR'S failure to verify such dimensions and locations, or for inaccurate verifications by CONTRACTOR. 5.2.3. Report of Differing Conditions: If CONTRACTOR believes that: 5.2.3.1. Any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 5.2.1 and 5.3.3 is inaccurate, or 5.2.3.2. Any physical condition uncovered or revealed at the site differs materialky from that indicated, reflected or referred to in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 7.22}, notify the CITY and the CONSULTANT in writing about the inaccuracy or difference. Should the CONTRACTOR fail to notify the CITY and CONSULTANT within five (5) calendar days of discovering such differing site condition, it waives its right to seek additional time or compensation for such deficiency and is precluded from seeking a change order for such work under any circumstances. 5.2.4. CONSULTANT'S Review: CONSULTANT will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the CITY in writing {with a copy to the CONTRACTOR) of CONSULTANT'S findings and conclusions. 5.2.5. Possible Document Change: If CONSULTANT concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 11 to reflect and document the consequences of the inaccuracy or difference. GC-I b 5.2.6. Possible Price and Time Adjustments: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof, a claim maybe made therefor as provided in Article 12 and 13. PHYSICAL CONDITIONS -UNDERGROUND FACILITIES; 5.3 5.3.1. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to the CITY or CONSULTANT by the owners of such Underground Facilities or by others. 5.3.1.1. The CITY and CONSULTANT shall not be responsible far the accuracy or completeness of any such information or data; and, 5.3.1.2. CONTRACTOR warrants that it has examined the information and data presented and that it is accurate and free from any and all defects, inconsistencies, errors and omissions. Further, the CONTRACTOR shall be responsible for locating all Underground Facilities whether or nat shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, far the safety and protection thereof as provided in paragraph 7.20, and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 5.3.1.3. Ali water pipes, sanitary sewers, storm drains, force mains, gas mains, or other pipe, telephone or power cables or conduits, pipe or conduit casings, curbs, sidewalks, service lines and all other obstructions, whether or not shown, shall be temporarily removed from or supported across utility {ine excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify the owner or occupant of such facilities both before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shalt make suitable arrangements for their disconnection by their owner. The CONTRACTOR shall be responsible for any damage to any such pipes, conduits or cables, and shall restore them to service promptly as soon as the Work has progressed past the point involved. Approximate locations of known water, sanitary, drainage, natural gas, power, telephone and cable TV installations along the route of new pipelines or in the vicinity of new work are shown, but are to be verified in the field by the Contractor prior to performing the work. The CONTRACTOR shall uncover these pipes, ducts, cables, etc., carefully, by hand prior to installing his Work. Any discrepancies or differences found shall be immediately brought to the attention of the CONSULTANT in order that necessary changes may be made to permit installation of the Work. GC-17 5.3.2. !f an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown, nor located by the facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 7.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to the CITY and the CONSULTANT. The CONSULTANT will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 7.20. 5.3.3. CONTRACTOR is expressly limited #o an extension of the Contract Time to the extent that they are attributable to the existence of any such Underground Facility CONTRACTOR could not reasonably have been expected to have been aware of. CONSULTANT, in its sole discretion, shall determine whether to award an extension of time under such circumstances. Furthermore, should CONTRACTOR fail to provide the CITY and CONSULTANT with written notice of the error, omission or discrepancy in the Underground Facility within five (5) calendar days of discovering such, it waives its right to a time extension for such error, omission or discrepancy. REFERENCE P41NTS: 5.4. The CITY shall provide engineering surveys to establish reference points for construction which in CONSULTANT'S judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible far the accurate replacement or relocation of such reference points by professionally qualified personnel. GC-18 ARTICLE fi -BONDS AND INSURANCE BONDS: 6.1. CONTRACTOR shall upon delivery of the executed Agreement to the City furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR`S obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. Each Bond shall be furnished in an amount equa{ to 100% of the amount of the Contract award. The form and conditions of the Bonds and the Surety shall be acceptable and satisfactory to the CITY and Surety shall be a nationally recognized Surety Company acceptable to the City, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, V.S. Treasury Department, for projects not exceeding ($500,000) five hundred thousand dollars and meet the other requirements of Florida Statutes Section 287.0935 (2001). For projects exceeding five hundred thousand dollars, al{ bonds shall be placed with sureties with a Best Rating of no less than A-VII. Bonds shall be executed and issued by a resident agent, licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, representing such corporate sureties. If the CONTRACTOR is a partnership, the Bond should be signed by each of the individuals who are partners; if a corporation, the Bond should be signed in the correct corporate name by duly authorized officer, agent ar attorney-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond should be accompanied by (a}appropriate acknowledgment of the respective parties; (b) appropriate duly certified copy of Power-of-Attorney or other certification of authority where bond is executed by agent, officer or other representative of Contractor or Surety; (c) duly certified extract from by-laws or resolutions of Surety under which Power-of-Attorney, or other certi#icate of Authority of its agent, officer or representative was issued. 6.2. )f the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 6.1 ., CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 6.1. CONTRACTOR'S failure to timelyfurnish a substitute surety shall constitute a material breach of the Contract and shall give the CITY the immediate right to terminate the CONTRACTOR for cause in accordance with Article 16 of the Contract Genera! Conditions. GG19 CONTRACTOR'S INSURANCE: 6.3. General: CONTRACTOR shah purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Wark being performed and furnished and as wilt provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance and furnishing of the Work and CONTRACTOR'S other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. Before starting and during the term of this Contract, the CONTRACTOR shat( procure and maintain insurance of the types and to the limits specified in paragraph 6.4, inclusive below. 6.4 Coverage: Except as otherwise stated, the amounts and types of insurance shat! conform to the following minimum requirements: 6.4.1. Workers' Compensation. Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal laws. CONTRACTOR shall require all subcontractors to maintain workers compensation during the term of the agreement and up to the date of final acceptance. CONTRACTOR shall defend, indemnify and save the CITY and CONSULTANT harmless from any damage resulting to them for failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. 6.4.1.1. Employers' Liability with Statutory Limits of $100,000/$500,000/ $100,000. 6.4.1.2. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty {30} days' written notice of cancellation and/or restriction. 6.4.1.3. if any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Act and/or Jones Act if applicable. 6.4.2. Comprehensive General Liability or Commercial General Liability Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive Genera! Liability Policy or Commercial General Liability filed by the Insurance Services Office, and must include: 6.4.2.1. Minimum Limits of total coverage shall be $1,000,000.00 $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, the basic policy to be in said farm with any excess coverage (and the carrier) to meet $1,000,000.00 minimum to be acceptable to the CITY. 6.4.2.2. Premises and/or Operations. GC-20 6.4.2.3. {ndependent Contractor. 6.4.2.4. Products and/or Completed Operations. CONTRACTOR shall maintain in force until at least three (3} years after completion of all services required under the Contract, coverage for products and completed operations, including Broad Farm Property Damage. 6.4.2.5. XCU Coverages. 6.4.2.6. Broad Form Property Damage including Completing Operations. 6.4.2.7. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 6.4.2.8. Personal Injury coverage with employees and contractual exclusions removed. 6.4.2.9. Additional insured. The CITY is to be specifically included as an additional insured (including products}. 6.4.2.10. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30} days' written notice of cancellation and/or restriction. 6.4.2.11. The CONTRACTOR shall either require each subcontractor to procure and maintain, during the life of the subcontract, insurance of the type and in the same amounts specified herein or insure the activities of subcontractors in his own insurance policy. 6.4.3. Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: 6.4.3.1. Minimum limit of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 6.4.3.2. Owned Vehicles. 6.4.3.3. Hired and Non-Owned Vehicles 6.4.3.4. Employee Non-Ownership GC-21 6.4.3.5. Notice of Cancellation and/or Restriction. The policy must be endorsed #o provide the City with thirty (30} days' written notice of cancellation and/or restriction. 6.4.4. AI! Risk Property Insurance -When Applicable. Coverage must include real and personal property and in an amount equal to the replacement cost of all real and personal property of the CITY'S for which the CONTRACTOR is responsible and over which he exercises control. Builders Risk insurance must be provided to cover Property under construction and an Installation Floater must cover all machinery, vessels, air conditioners or electric generators to be installed. This insurance shalt include a waiver of subrogation as to the CONSULTANT, the CITY, the CONTRACTOR, and their respective officers, agents, employees, and subcontractors. 6.4.4.1. Coverage to be provided on a full replacement cost basis. 6.4.4.2. Losses in excess of ten thousand dollars ($10,000) shall be jointly payable to the CONTRACTOR and the CITY. 6.4.4.3. Waiver of occupancy clause or warranty. Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) will not be occupied by the CITY. 6.4.4.4. Maximum Deductible - $5,000 each claim. 6.4.4.5. Copy of Policy. A certified copy of the policy must be provided to the CITY prior to the commencement of work. 6.4.4.6. Named Insured. The CITY must be included as a named insured. 6.4.4.7. Notice of canceliation and/or Restriction. The policy must be endorsed to provide the City with thirty (30} days written notice of cancellation and/or restriction. 6.4.4.8. Flood Insurance. When the buildings or structures are located within an identified special flood hazard area, flood insurance protecting the interest of the CONTRACTOR and the CITY must be afforded for the Sesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. 6.4.5. A Best Rating of no less than A-7 is required far any carriers providing coverage required under the terms of this Contract. Failure to comply with the insurance requirements as herein provided shall constitute default of this Agreement. Neither CONTRACTOR or any subcontractor shall commence work under the Contract until they have all insurance required under this Section and have supplied the CITY with evidence of such coverage in the form of certified copies of policies (where required) and certificates of insurance, and such policies and certifcates have been approved by the CITY. GC-22 CONTRACTOR sha11 be responsible for and shall obtain and file insurance certificates on behalf of its subcontractors. All certified copies of policies and certificates of insurance shall be filed with the CITY. ARTICLE 7 -CONTRACTOR'S RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE: 7.1. The CONTRACTOR has the obligation to deliver to the CITY the completed job in a good and workmanlike condition in accordance with the requirements of the Contract Documents. CONTRACTOR shall supervise and direct the Work completely and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. The CONTRACTOR shall bear a!1 losses resulting on account of the weather, fire, the elements, or other acts of God or causes of every kind or nature prior to Final Acceptance. The supervision of the execution of this contract is vested wholly in the CONTRACTOR. 7.2. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. LABOR, MATERIALS AND EQUIPMENT; HOURS OF WORK: 7.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without the CITY'S written consent {which shall not be unreasonably withheld} given after prior written notice to CONSULTANT. The CONTRACTOR is hereby informed, and understands that unless otherwise approved by the City, the City restricts the work between the hours of 5:00 p.m. and 8:00 a.m., unless emergency conditions exist that are endangering life or property as may be determined by the CITY. If the CONTRACTOR is authorized to operate equipment twenty-four (24} hours per day, the engines shat! be provided with residential type silencers approved by the CITY. The CONTRACTOR shall receive na additiona! compensation for overtime work. However, additional compensation will be paid to the CONTRACTOR for overtime work only in the event extra work is ordered by the CONSULTANT and the change order specifically authorizes the use of overtime work and then only to such extent as overtime wages are GC-23 regularly being paid by the CONTRACTOR for overtime work of a similar nature in the same locality. Ail costs of inspection and testing performed by the CITY during overtime work by the CONTRACTOR which is allowed solely far the convenience of the CONTRACTOR shall be borne by the CONTRACTOR. The CITY shall have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due to the CONTRACTOR. 7.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for al! materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and final completion of the work. 7.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by CONSULTANT, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the CITY, CONSULTANT, or any of the CITY`S or CONSULTANT'S consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 10.15 or 1 Q.16. ADJUSTING PROGRESS SCHEDULE: 7.6. CONTRACTOR shall submit to CONSULTANT for review and comment (to the extent indicated in paragraph 3.9) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. SUBSTITUTES OR "OR-EQUAL" ITEMS: 7.6.1. The technical specifications shall govern the use of substitute or "or-equal" items. Consultant shall be solely responsible for determining whether to permit the proposed substi#ution and Contractor expressly agrees to be bound by Consultant's decision. The procedure for review by CONSULTANT will include the following as supplemented in the technical specifications. Requests for review of substitute items of material and equipment will not be accepted by CONSULTANT from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to CONSULTANT for acceptance thereof, certifying that the proposed substitute will perform equally or better the functions and achieve the results called for by the general design, be similar and of equal GC-24 substance #o that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the CITY for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will resul# directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR'S expense additional data about the proposed substitute. 7.6.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to CONSULTANT, if CONTRACTOR submits sufficient information to allow CONSULTANT to determine that the substitute proposed is equal or better to that indicated or required by the Contract Documents. The procedure for review by CONSULTANT wil! be governed by the procedure provided in paragraph 7.6.1 as applied by CONSULTANT and as may be supplemented in the Technical Specifications. 7.6.3. Substitution requests must include the CONTRACTOR'S waiver of its right to additional compensation or time for the failure of the proposed substitution to properly perform. 7.6.4 In order for a substitution to be considered, one or more of the following conditions must be met: a. The substitution request must be timely, fully documented and properly submii#ed. b. The request is directly related to an "or equal" clause in the Contract Documents. c. The product or method prescribed in the Contract Documents is no longer available. d. There is a substantial advantage offered to the CITY in terms of cost, time, energy conservation or other considerations of merit. 7.6.5. CONSULTANT will be allowed a reasonable time within which to evaluate each proposed substitute. CONSULTANT will be the sole judge of acceptability, and no GC-25 substitute will be ordered, installed or utilized without CONSULTANT'S prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. The CITY may require the CONTRACTOR to furnish at CONTRACTOR'S expense a special performance guarantee or other surety with respect to any substitute. CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS: 7.7 7.7.1 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to the CITY and the CONSULTANT as indica#ed in paragraph 7.7.2}, whether initially or as a substitute, against whom the CITY or the CONSULTANT may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 7.7.2 If the Technical Specifications or Contract Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipment) shall be submitted to the CITY for acceptance by the CITY and CONSULTANT, and if CONTRACTOR has submitted a list thereof, the CITY or CONSULTANT'S acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute. If after bid opening and prior to the award of the contract, the CITY objects to certain suppliers or subcontractors, the CITY may permit CONTRACTOR to submit an acceptable substitute so long as there is no change in the contract price or contract time. If the contract price or contract time is increased, the CITY may return the bid bond and award the contract to the next qualified, competent bidder. {f after the award of the contract, the CITY objects to certain suppliers or subcontractors, the CITY shall permit CONTRACTOR to make an appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or the CONSULTANT of any such Subcontractor, supplier or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective Work. 7.8. CONTRACTOR shall be fully responsible to the CITY and CONSULTANT for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work on the Project just as CONTRACTOR is responsible for CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents steal! create any contractual relationship between the CITY ar the CONSULTANT and any such Subcontractor, Supplier or other person or organization, nor shall it create any obliga#ion on the part of the CITY ar CONSULTANT to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. GC-26 7.9. The divisions and sections of the Technical Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 7.10. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specificaEly binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY and the CONSULTANT. PATENT FEES AND ROYALTIES: 7.11. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. !f a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of the CITY or CONSULTANT its use is subject to patent rights ar copyrights calling for the payment of any license fee or royalty to other, the existence of such rights shall be disclosed by the CITY in the Contract Documents. CONTRACTOR shall indemnify and hold harmless the CITY and anyone directly or indirectly employed by the CITY from and against all claims, damages, losses and expenses (including attorney's fees and court casts) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Wark or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and steal! defend al! such claims in connection with any alleged infringement of such rights. PERMITS: 7.12. CONTRACTOR shall obtain and pay for all construction permits and licenses. The CITY shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for prosecution of the Work, which are applicable at the time of opening of Bids. There will be no cost for permits issued by the CITY. CONTRACTOR shall pay all charges of utility far connections to the Work, and the CITY shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. GC-27 LAWS AND REGULATfONS: 7.13 7.13.1. CONTRACTOR shall give all notices and comply with ail laws, ordinances, rules regulations and building codes applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable laws, ordinances, rules and regulations, neither the CITY nor the CONSULTANT shall be responsible for monitoring CONTRACTOR'S compliance with any Laws, ordinances, rules or regulations. In addition, Contractor shall be responsible for ensuring the compliance of al! subcontractors, suppliers or other entities furnishing labor, services or materials on the Project with all laws, ordinances, rules, regulations and building codes. Contractor's failure to comply with any of the applicable laws, ordinances, rules, regulations or building codes shall constitute a materia{ breach of the Contract. 7.13.2. If CONTRACTOR observes that the Specifications or Drawings are at variance with any laws, ordinances, rules or regulations, CONTRACTOR shall give CITY and CONSULTANT prompt, written notice thereof, and any necessary changes will be authorized by one of the methods indicated in Paragraph 4.4. if CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such taws, ordinances, rules or regulations, and without such notice to the CITY and CONSULTANT, CONTRACTOR shall bear all casts arising therefrom; TAXES: 7.14. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the laws, ordinances and regulations of the place of the Project which are applicable during the performance of the Work. USE OF PREMISES: 7.15. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws, ordinances, and regulations, rights-of-way, permits and easements, and shall not reasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work, CONTRACTOR shat! promptly attempt to settle with such other party by agreement or otherwise resolve the claim. CONTRACTOR shall, to the fullest extent permitted by laws and regulations, indemnify and hold the CITY and CONSULTANT harmless from and against ail claims, damages, losses and expenses (including, but not limited to, fees of engineers, archi#ects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the CITY or CONSULTANT to the extent based on a claim GC-28 arising out of CONTRACTOR'S performance of the Work or the Work of its subcontractor, suppliers, materialmen or other entities performing Work under the supervision of CONTRACTOR on the Project. 7.16. During the progress of the Work, CONTRACTOR shalt keep the premisesfree from accumulations of waste materials, rubbish and other and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as aEl tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by the CITY_ CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 7.17. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. RECORD DOCUMENTS: 7.18. CONTRACTOR shall maintain in accordance with the Technical Specifications in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Fiefd Orders, and written interpretations and clarifications (issued pursuant to paragraph 10.4} in good order and annotated to show all changes made during construction. The record documents together with all approved samples and a counterpart of alt approved Shop Drawings will be available to the CONSULTANT for reference. Upon completion of the Work, these record documents, samples, and Shop Drawings will be delivered to CONSULTANT for the CITY. SAFETY AND PROTECTION: 7.19. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions far the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 7.19.1. all employees on the Work and other persons and organizations who may be affected thereby; and 7.19.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 7.19.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them GC-29 from damage, injury or loss on or off the Work and shall erect and maintain ail necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. Aii damage, injury or loss to any property referred to in paragraphs 7.19.1 to 7.19.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other persan or organization directly or indirectly employed by any of them to perform or furnish any of the Work for anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the CITY or the CONSULTANT or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whale or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR'S duties and responsibilities for the safety and protection of the Work steal! continue until such time as ail the Work is completed and CONSULTANT has issued a notice to the CITY and CONTRACTOR in accordance with paragraph 15.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). The safety provisions of applicable Paws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary Machinery, equipment and al( hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable laws. The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of an and in the course of employment on Work under the Contract. The Contractor shall promptly furnish the Local Public Agency with reports concerning these matters. 7.20. CONTRACTOR shall designate a responsible representative atthe site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to the CITY. EMERGENCIES AND PRECAUTIONS DURING ADVERSE WEATHER: 7.21 7.21.1. fn emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR, without special instruction or authorization from CONSULTANT or the CITY, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. if CONSULTANT determines that a change in the Contract Documents is required because of the action taken in response to GC-30 an emergency, a Work Directive Change Order or Change Order will be issued to document the consequences of the changes or variations. 7.21.2. During adverse weather, and against the possibility thereof, the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required, protection shalt be provided by the use of tarpaulins, wood and building paper shelters, or other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather, including unusually high winds and water levels and he shall take such precautions and procure such additional insurance as he deems prudent. The CONSULTANT may suspend construction operations at any time when, in his judgment, the conditions are unsuitable or the proper precautions are not being taken, whatever the weather or water level conditions may be, in any season. SHOP DRAWINGS AND SAMPLES: 7.22. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to CONSULTANT for review in accordance with the accepfied schedule of Shop Drawing submissions (see paragraph 3.9), ordinances, rules and all Shop Drawings which will bear the stamp that CONTRACTOR has satisfied CONTRACTOR'S responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as CONSULTANT may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable CONSULTANT to review the information as required. 7.23. CONTRACTOR shall also submit to CONSULTANT for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specificwritten indication that CONTRACTOR has satisfied CONTRACTOR`S responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 7.23,1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shap Drawings and samples and with the requirements of the Work and the Contract Documents. 7.23.2. At the time of each submission, CONTRACTOR shall give CONSULTANT specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contrac# Documents, and, in addition shall cause a specific notation to be made on each Shop Drawing submitted to CONSULTANT for review of each such variation. GC-31 7.24. CONSULTANT will review within ten days of receipt thereof,. Shop Drawings and samples but CONSULTANT'S review will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction {except where a specific means, method; technique, sequence or procedure of construction is indicated in or required by the Contract Documents} orto safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. CONTRACTOR shall make corrections required by CONSULTANT, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by CONSULTANT on previous submittals. CONSULTANT will review one (1) resubmittal for each shop drawing or product data. All costs of reviewing additional submittals shall beat the CONTRACTOR'S expense. 7.25. CONSULTANT'S review of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called CONSULTANT'S attention to each such variation at the time of submission as required by paragraph 7.23.2 and CONSULTANT has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any review by CONSULTANT relieve CONTRACTOR fram responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 7.23.1. 7.26. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to CONSULTANT'S review and acceptance of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. CONTINUING THE WORK: 7.27. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements. While a change order request is pending, Contractor is still obligated to fully perform all work in accordance with the Contract Documents and as directed by the Consultant. GC-32 INDEMNIFICATION: 7.28. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the gross negligence, or actions based upon the willful, wanton or intentional misconduct of the CITY as well as other exclusions provided by F.S. 725.06(1){c)), recklessness or intentional wrongful misconduct ofi the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and ail patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the Contractor the specific consideration of ten dollars and other goad and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. ARTICLE 8 -OTHER WORK RELATED WORK AT SITE: 8.1. The CITY may perform other work related to the Project at the site by the CITY'S own farces, let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof vviil be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional time and the parties are unable to agree as to the extent thereof, GC-33 CONTRACTOR may make a claim therefor as provided in Article 13; Contractor, however, shall not be entitled to any additional compensation under such circumstances and is limited to making a claim for an extension of time. If the performance of additional Work by other CONTRACTOR or the Owner is noted in the Contract Documents, no additional adjustment of time or compensa#ion shall be considered. 8.2. CONTRACTOR shall afford the CITY and other contractors who are a party to such a direct contract (or the CITY, if the CITY is performing the additional work with the CITY'S employees) proper and safe access #o the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the CITY and CONSULTANT and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between the CITY and other contractors. 8.3. If any part of CONTRACTOR'S Work depends for proper execution or results upon the work of any such other contractor (or the CITY), CONTRACTOR shat! inspect and promptly report to CONSULTANT in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for such proper execution and results of CONTRACTOR'S work. CONTRACTOR'S failure to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR'S Work and CONTRACTOR shall net be entitled to any additional time or compensation therefor. COORDINATION: 8.4. 1f the CITY contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Technical Specifications and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities wilt be provided in the Technical Specifications. Unless otherwise provided in the Technical Specifications, neither the CITY nor the CONSULTANT shaft have any authority or responsibi{ity in respect of such coordination. ARTICLE 9 -THE CITY`S RESPONSIBILITIES 9.1. The CITY shall issue al! communications to CONTRACTOR through CONSULTANT. GC-34 9.2. !n case of termination of the employment of CONSULTANT, the CITY shall appoint a consultant whose status under the Contract Documents shall be that of the former CONSULTANT. 9.3. The CITY shall furnish the data required of the CITY under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 15.4 and 15.13. 9.4. The CITY'S duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set Earth in paragraphs 5.1 and 5.4. Paragraph 5.2 refers to the CITY'S identifying and making available to CONTRACTOR copies of all reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by CONSULTANT in preparing the Drawings and Specifications. 9.5. The CITY may execute Change Orders as indicated in paragraph 11.4 if recommended by CONSULTANT. CONSULTANT'S decision, however, is not binding upon the CITY, who may decide, in its sole discretion, to reject a Change Order submitted by the CONTRACTOR where it determines that such is in the CITY'S best interests. 9.6. In connection with the CITY'S right to stop Work or suspend Work, see paragraph 14.10 and 16.1. Paragraph 16.2 deals with the CITY'S right to terminate services of CONTRACTOR. ARTICLE 10 -CONSULTANT`S STATUS DURING CONSTRUCTION: CITY REPRESENTATIVE: 10.1. The CONSULTANT will be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT and the CITY'S representative during construction are set forth in the Contract Documents and shall not be extended without written consent of the CITY and CONSULTANT. VESiTS TO SITE: 10.2. After written notice to proceed with the work, the CONSULTANT shalt make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents; he will not be responsible for the construction means, methods, procedures, techniques and sequences of construction, for which CONTRACTOR is solely responsible, and he will not be responsible for the CONTRACTOR'S failure to perform the construction Work in accordancewi#h the Contract Documents; he will not be responsible for safety precautions and procedures in connection with the Work; and during such visits and on the basis of his on-site observations, as an experienced and qualified design professional, he will keep the CITY informed of the progress of the work, will endeavor to guard the CITY against defects and deficiencies in GC-35 the Work of the CONTRACTOR and may reject Work as failing to conform to the Contract Documents and require CONTRACTOR to repair or replace all defective work at no additional cost to the CITY. PROJECT REPRESENTATION: 10.3. A Resident Project Representative may be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding Resident Representative's actions. Resident Project Representative`s dealing in matters pertaining tothe on-site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's dealings with subcontractors shalt only be through or with the foil knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the City with the knowledge of and under the direction of CONSULTANT. 10.3.1. Resident Project Representative shall where applicable: 10.3.1.1. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 10.3.1.2. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 10.3.1.3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the City's liaison with CONTRACTOR, when CONTRACTOR'S operations affect the City's on-site operations. 10.3.1.4. Assist in obtaining from the City additional details or information, when required for proper execution of the Work. 10.3.1.5. Record date of receipt of Shop Drawings and samples. 10.3.1.6. Receive samples which are furnished at the site by CONTRACTOR, and notify the CONSULTANT of availability of samples for examination. 10.3.1.7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing if the submittal has not been approved by the CONSULTANT. GC-36 10.3.1.8. Conduct on-site observations of the Work in progress to assist the CONSULTANT in determining ifi the Work is, in general, proceeding in accordance with the Contract Documents. 10.3.1.9. Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the CONSULTANT of Work that Resident Project Representative believes should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by contract. 10.3.1.10. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 10.3.1.11. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the CONSULTANT. 10.3.1.12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 10.3.1.13. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with Residen# Project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 10.3.1.14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 10.3.1.15. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, fist of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. GC-37 10.3.1.16. Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontractors and major suppliers of material and equipment. 10.3.1.17. Furnish the CONSULTANT periodic reports as required of progress of the Work of the CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 10.3.1.18. Consult with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 10.3.1.19. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 10.3.1.20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any accident. 10.3.1.21. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to the CONSULTANT, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 10.3.1.22. During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the CONSULTANT for review and forwarding to City prior to final payment for the Work. 10.3.1.23. Before the CONSULTANT issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 10.3.1.24. Conduct final inspection in the company of the CONSULTANT, the City and the CONTRACTOR and prepare a fins[ list of items to be completed or corrected. 10.3.1.25. Observe that aA items on final list have been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. 10.3.2. The Resident Project Representative shall not: 10.3.2.1. Authorize any deviation from the Contract Documents or substitution of materials or equipment. GC-38 10.3.2.2. Exceed limitations of the CONSULTANT`S authority as set forth in the Contract Documents. 10.3.2.3. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR'S superintendent. 10.3.2.4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 10.3.2.5. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 10.3.2.6. Accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 10.3.2.7. Authorize the City to occupy the Project in whole or in part. 10.3.2.8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. CLARIFICATIONS AND INTERPRETATIONS: 10.4. CONTRACTOR expressly agrees that CONSULTANT is the- sole judge of the requirements of the Contract Documents and the judge ofi CONTRACTOR'S performance thereunder and thus agrees that all decisions made by CONSULTANT regarding such issues shad be binding upon CONTRACTOR and the CITY. The CONSULTANTwill issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the CONSULTANT may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. AUTHORIZED VARIATIONS OF WORK: 10.5. CONSULTANT may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a field Order and will be binding on the CITY, and also on CONTRACTOR who shall perform the Work involved promptly. As such Field Orders involve minor variations to the Work, CONTRACTOR steal( not be entitled to any additional time or compensation for performing such work and is precluded from submitting change order requests for furnishing such work. 10.6. The CONSULTANT will have authority to disapprove or reject Work which CONSULTANT believes to be defective or believes to be in nonconformance with the intent GC-39 of the contract documents, and will also have authority to require special inspection or testing of the Work as provided in paragraph 14.9, whether or nat the Work is fabricated, installed or completed. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS: 10.7. In connection with CONSULTANT'S responsibility for Shop Drawings and samples, see paragraphs 7.22 through 7.26 inclusive. 10.8. In connection with CONSULTANT'S responsibilities as to Change Orders, see Article 11, 12, and 13. 10.9. !n connection with CONSULTANT'S responsibilities in respect of Applications for Payment, etc., see Article 15. DETERMINATIONS FOR UNIT PRICES: 10.10. CONSULTANT will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. CONSULTANT will review with CONTRACTOR CONSULTANT'S preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise}. CONSULTANT'S written decisions thereon will be final and binding upon the CITY or CONTRACTOR unless, within ten days after the date of any such decision, either the CITY or CONTRACTOR delivers to the other party to the Agreement and to CONSULTANT written notice of intention to appeal from such a decision. DECISIONS ON DISPUTES; 10.11. As CONSULTANT is the interpreter of the requirements of the Contract Documents and judge of the acceptability of the Contractor's Work thereunder, claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 12 and 13 in respect of changes in the Contract Price or Contract Time will be referred to CONSULTANT in writing with a request for a formal decision in accordance with this paragraph, which CONSULTANT will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to CONSULTANT and the other party to the Agreement promptly (but in no event later than ten {10) days} after the occurrence of the event giving rise thereto, and written supporting data will be submitted to CONSULTANT and the other party within thirty {30) days after such occurrence unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim. 10.12. When functioning as interpreter and judge under paragraphs 10.4, 10.10 and 10.11, CONSULTANT will not show partiality to the CITY or CONTRACTOR. The rendering of a decision by CONSULTANT pursuant to paragraphs 10.4, 10.10 and 10.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 15.13) will be a condition GC-40 precedent to any exercise by the CITY or the CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. CONTRACTOR'S failure to timely submit a claim to the CONSULTANT in accordance with the requirements of the Contract Documents constitutes a waiver of its claim. LIMITATIONS ON CONSULTANT'S RESPONSIBILITIES: 10.13. Neither CONSULTANT'S authority to act under this Article 10 or elsewhere in the Contract Documents nor any decision made by CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT ar CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 10.14. Whenever in the Contract Documents the term "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory" or adjectives of the like effect or import are used to describe a requirement, direction, review or judgment of CONSULTANT as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 10.15 or 10.16. 10.15. CONSULTANT will not be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CONSULTANT will not be responsible to CONTRACTOR for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. 10.16. CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 11 -CHANGES IN THE WORK 11.1 A "Change Order" is defined, for purposes ofi the Contract Documents, as a written order to the CONTRACTOR executed by the CITY and the CONSULTANT after execution of the Contract, directing a change in the Work and may include a change in the Contract Price or the time for the CONTRACTOR'S performance, or any combination thereof. 11.2 Without invalidating the Agreement and without notice to any surety, the CITY may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work GC-41 involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). If the CITY and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefore as provided in Article 12 or Article 13. 11.3. CONTRACTOR shat! not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 4.4 and 4.5, except in the case of an emergency as provided in paragraph 7.21 and except in the case of uncovering Work as provided in paragraph 14.9. 11.4. The CITY and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 11.4.1. Changes in the work which are ordered by the CITY pursuant to paragraph 11.2, are required because of acceptance of defective Work under paragraph 14.13 or correcting defective Work under paragraph 14.14, or are agreed to by the parties. 11.4.2. Changes in the Contract Price or Contrac# time which are agreed to by the parties; 11.4.3. Changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT pursuant to paragraph 10.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provision of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 7.27. 11.4.4. Execution of a Change Order by the CONTRACTOR constitutes conclusive evidence of the CONTRACTOR'S agreement to the ordered changes in the Work and the change in the Contract Price and the time for performance by the CONTRACTOR. The CONTRACTOR, by executing the Change Order, waives and forever releases any claim against the CITY for additional time or compensation for issues or matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. 11.4.5. All Change Orders and adjustments shall be in writing and executed by the CONTRACTOR and CITY; otherwise, no claim for additional compensation or time will be permitted. 11.4.6. All Change Orders in which the CONTRACTOR seeks additional time must include a Time Impact Analysis which includes an analysis of how the change shah be incorporated into the construction schedule; the status of construction at that time; and the start/finish dates of ail affected activities utilizing the dates included in the latest GC-42 construction schedule. Where the CONTRACTOR fails to append a Time Impact Analysis to the Change Order, it agrees that the delay has no affect on Contract Time. 11.5. It is distinctly agreed and understood that any changes made in the Contract Documents for this Work (whether such changes increase or decrease the amount thereof} or any change in the manner or time of payments or time of performance made by the CITY to the CONTRACTOR shall in noway annul, release or affect the liability and surety on the Bonds given by the CONTRACTOR. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents {including, but not limited ta, Contract Price or contract Time) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be CONTRACTOR'S responsibility, and the amount of each applicable Bond will be adjusted accordingly. 11.6. Notwithstanding, anything to the contrary contained within the contract documents, all change orders involving additional cast or extensions of time, shall be governed by the ordinances of the City of Delray Beach. ARTICLE 12 -CHANGE OF CONTRACT PRICE 12.1. The Contract Price constitutes the total compensation (subject to authorized adjustments} payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 12.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Although the CONTRACTOR acknowledges the "nc damages for delay" provision set forth in Article 9 of the Contract Agreement, should it be entitled to any claim for additional compensation under any circumstances, any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (but in no event later than ten (10) days} after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty (30) days after such occurrence {unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim} and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined solely by CONSULTANT in accordance with paragraph 10.11 if the CITY and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 12.2. Failure by the CONTRACTOR to strictly comply with such notice requirements shall constitute a complete waiver by the CONTRACTOR of any claim for additional compensation. Furthermore, should the CONTRACTOR be entitled to an increase in the Contract Sum, it shall be strictly limited to the direct cost of labor and materials incurred by the CONTRACTOR at the jobsite and shall in no event include indirect costs, overhead, lost profits or consequential damages incurred by the Contractor. GC-43 Furthermore, the CITY shall not be liable to the CONTRACTOR for claims of third parties including, but not limited to, subcontractors, suppliers, laborers, etc. 12.3. The value of any Work covered by a Change Order or ofi any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 12.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 12.9.1. and 12.9.2.). 12.3.2. By mutual acceptance of a lump sum (which shall include an allowance for overhead and profit in accordance with paragraph 12.6.2.1). 12.3.3. On the basis of the Cost of the Work (determined as provided in paragraphs 12.4 and 12.5} plus a CONTRACTOR'S Fee for overhead and profit (determined as provided in paragraphs 12.6 and 12.7). COST OF THE WORK: 12.4. The term Cost of the Work .shat{ be as defined in paragraph 8.1 of the Agreement and as further defined below. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 12.5: USED AS MODIFIED 12.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classification agreed upon by the CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll casts shall inciude, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers` or workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. ci~ The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to fhe extent authorized by the CITY. USED AS MODIFIED 12.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to the CITY, and CONTRACTOR shall make provisions so that they may be obtained. GC-44 12.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by the CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who will then determine, with the advice of the CONSULTANT, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR'S Cost of Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 12.4.4. Supplemental costs include the following: 12.4.4.1. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and tools not owned by the workers, which are consumed in the performance of Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 12.4.4.2. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by the CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof--all in accordance with #erms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. For special equipment and machinery such as power driven pumps, concrete mixers, trucks, front end loaders, backhoes, and tractors, or other equipment, required for the economical performance of the authorized Work, the CONTRACTOR shall receive payment based on the weekly rate divided by 40 to arrive at an hourly cost. The weekly rate shall be from the latest edition of the Rental Rate blue book for Construction Equipment, published by Equipment Guide Book Co., reduced by 25 percent. Equipment cost shall be calculated based upon the actual time the equipment is used in the Work. If said Work required the use of machinery not on the Work or not to be used on the Work, the cost of transportation, not exceeding a distance of one hundred (100) miles, of such machinery to and from the Work shall be added to the fair rental rate; provided, however, that this shall not apply to machinery or equipment already required to be furnished under the terms of the Contract. 12.4.4.3. Sales, consumer, use or similar taxes related to the work and for which CONTRACTOR is liable, imposed by laws and regulations. 12.4.4.4. Royalty payments and fees for permits and licenses. 12.4.4.5. The site costs of utilities, fuel and sanitary facilities. 12.4.4.6. Cost of premiums for additional bonds and insurance required because of changes in the Work. GC-45 12.5. The term Cost of the Work shall not include any of the following: 12.5.1. Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships}, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR'S principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 12.4.1, which are to be considered administrative costs covered by the CONTRACTOR'S Fee. 12.5.2. Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR'S office at the site. CONTRACTOR expressly agrees that Home Office Overhead is not included within the costs of the work. 12.5.3. Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 12.5.4. . .NOT USED 12.5.5. Costs due to the negligence or intentional acts of the CONTRACTOR, any Subcontractor, or anyone whose acts any of them maybe liable, including but not limited to, the correction of defective Work, disposal of materials ar equipment wrongly supplied and making goad any damage to property. 12.5.6. Other overhead or general expense costs of any kind and fhe costs of any item not specifically and expressly included in paragraph 12.4. GC-46 CONTRACTOR'S IEEE: 12.6. The CONTRACTOR'S Fee allowed to CONTRACTOR for overhead and profits shall be determined as follows: 12.6.1. A mutually acceptable fixed fee; or if none can be agreed upon, 12.6.2. A fee based on the following percentages of the various portions of the Cost of the Work: 12.6.2.1. The cost allowance for overhead and profit shall not exceed fifteen percent {15%} of the new cost. if the Work is done by a Subcontractor, he may add ten percent {10%) of his net cast for overhead and profit and the Contractor may add five percent (5%) of the net cost for overhead and profit If all the Work is done by the Contractor, he may add fifteen percent {15%) of the net cost for overhead and profit. 12.6.2.2. No fee shall be payable on the basis of costs itemized under paragraphs 12.4.4 and 12.5; 12.6.2.3. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR'S Fee by an amount equal to ten percent of the net decrease; and 12.6.2.4. When both additions and credits are involved in any one change, the adjustment in CONTRACTOR'S Fee shall be computed on the basis of the net change in accordance with paragraphs 12.6.2.1 through 11.6.2.3, inclusive. 12.7. Whenever the cost of any Work is to be determined pursuant to paragraph 12.4 or 12.5, CONTRACTOR will submit in farm acceptable to CONSULTANT an itemized cost breakdown together with supporting data. CASH ALLOWANCES: 12.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shalt cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to the CONSULTANT, CONTRACTOR agrees that: 12.8.1. The allowances include the cost to CONTRACTOR {less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 12.8.2. CONTRACTOR'S costs for unloading and handling on the site, Tabor, installation costs, overhead, pro#it and other expenses contemplated for the allowances GC-47 have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change order will be issued as recommended by CONSULTANT to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price sha11 be correspondingly adjusted. UNIT PRICE WORK: 12.9 12.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Uni# Pnce Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by CONSULTANT in accordance with Paragraph 10.10. 12.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR'S overhead and profit for each separately identified item. OMITTED WORK: 12.10. The City may at any time, by written order, without Notice to the Sureties, require omission of such contract work as it may find necessary or desirable. An order for omission of work shall be valid only by an executable change order. All work so ordered must be omitted by the CONTRACTOR. The amount by which the contract price shall be reduced shall be determined as follows: 12.10.1. By such applicable unit prices, or rates for work of a similar nature or character as set forth in the contract; or, 12.10.2. By the appropriate lump sum price set forth in the Contract; or, 12.10.3. By the reasonable and fair estimated cost of such omitted work as determined by the CONTRACTOR and the CONSULTANT, and approved by the CITY. GC-48 ARTICLE 13 -TIME AND DELAYS 13.1 All time in the Contract Documents is calculated on a consecutive calendar day basis. 13.2 Time is of the essence in this Contract, and any breach of same shall go to the essence hereof, and CONTRACTOR, in agreeing to complete the Work within the time herein mentioned, has taken -into consideration and made allowances for all reasonable hindrances and delays incident to his work 13.3 CONTRACTOR agrees to commence the Work when directed by Owner and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project by other trades so that the Owner shall not be delayed by any act or omission of CONTRACTOR in completion ofthe Projectwithin the time specified above. 13.4 CONTRACTOR shall make payments promptly to its vendors, subcontractors, suppliers and for labor, material and equipment used by it in the performance of his work. 13.5 The CONTRACTOR shall not be entitled to any claim for damages on account of hindrance or delays from any cause whatsoever; but if caused by any act of God or active interference on the part of the Owner, such act, hindrance, or delay may only entitle the CONTRACTOR to receive an extension of time as its sole and exclusive remedy. 13.6 Adverse weather such as rain is not to be considered to be an Act of God unless it exceeds the ten (10} year average as published by the National Weather Service (ar equivalent organization acceptable to the Owner at its sole discretion) for that time of year in Palm Beach County. 13.7 An extension of time to complete the Work shall be determined by the Owner provided that the CONTRACTOR provides the Owner with notice in writing of the cause of said ac#, hindrance or delay within twenty (20) days after its occurrence. 13.8 In the event the request for extension is not made in writing within that twenty (20) day time period, CONTRACTOR acknowledges and agrees it has forever waived any and all rights to such an extension. 13.9 AA extensions of time shall be authorized only by a written change order executed by the Owner and Project Consultant. 13.10 This "no damage for delay" clause, also set forth in Article 9 of the Contract Agreement, will encompass any damages for delay or disruption even if the CONTRACTOR completes construction of the Work in a timely fashion in accordance with this Contract. GC-49 13.11 Damages as referenced in this "no damage for delay" shall include any type of damages that are or could be awarded by any court or arbitration panel such as, by way of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and/or punitive damages. 13.12 By way of specific example but not limitation, damages as referenced within this clause includes loss of use, loss of profits, labor inefficiency, loss of bonding capacity, overhead and repair costs, costs of capital replacement, loss of wages, pain and suffering, loss of production costs to replace facilities, equipment and/or product loss, increased andlor extended home office overhead, increased general conditions, costs of mobilization and demobilization, decrease in value, and/or any other damage or loss. 13.13 The CONTRACTOR recognizes and specifically acknowledges the terms and the "no damage for delay" clause upon execution of this Contract. ARTICLE 14 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK: 14.1. CONTRACTOR warrants and guarantees to the CITY and CONSULTANT that all Work will be constructed in accordance with the Contract Documents and that all materials and equipment incorporated into any Work covered by the Contract Documents shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be in accordance with construction practices acceptable to the City and Consultant. Prompt notice of all defects shall be given to CONTRACTOR. Ali defective Work, whether or not in place, may be rejected, corrected or accepted as provided in Article 14. The guarantee shall remain in effect for one year from the date of final acceptance unless a longer period is specified. The CITY shall give notice of observed defects with reasonable promptness. Unremedied defects identified #or correction during the guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee. Defects in material, workmanship or equipment which are remedied as a result of obligations of the guarantee shall subject the remedied portion of the work to an extended guarantee period of one year after the defect has been remedied. The Surety shall be bound with and for the Contractor in the Contractor's faithful observance of the guarantee. However, nothing contained in this Section shall affect or hinder the CITY'S ability to collect on the CONTRACTOR'S Performance Bond within a five i;5) year period. ACCESS TO WORK: 14.2. CONSULTANT'S and CONSULTANT'S representatives, other representatives ofthe CITY, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. GC-50 TESTS AND INSPECTIONS: 14.3. CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for ail required inspections, tests or approvals. 14.4. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor, pay ail costs in connection therewith and furnish CONSULTANT the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay ail costs in connection with any inspection or testing required in connection with the CITY'S or CONSULTANT'S acceptance of a Supplier of materials ar equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation in the Work. 14.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organiza#ions acceptable to the CITY (or by CONSULTANT ifi so specified}. 14.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSULTANT, it must, ifi requested by CONSULTANT, be uncovered for' observation. Such uncovering shall be at CONTRACTOR'S expense unless CONTRACTOR has given CONSULTANT timely notice of CONTRACTOR'S intention to cover the same and CONSULTANT has not acted with reasonable promptness in response to such notice. 14.7. Neither observations by CONSULTANT nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR'S obligation's to perform the Work in accordance with the Contract Documents. UNCOVERING WORK: 14.8. If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for CONSULTANT'S observation and replaced, at CONTRACTOR'S expense. 14.9. If CONSULTANT considers it necessary or advisable that covered Work be observed by CONSULTANT or inspected or tested by others, CONTRACTOR, at CONSULTANT'S request shall uncover, expose or otherwise make available for observation, inspection or testing as CONSULTANT may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limi#ed to fees and charges of engineers, architects, attorneys and other professionals}, and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 12. If, however, such Work is not found to be defective, CONTRACTOR shalt be allowed an increase in the Contract Price or GC-51 an extension of the Contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 12 and 13. CITY MAY STOP THE WORK: 14.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the CITY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. CORRECTION OR REMOVAL OF DEFECTIVE WORK: 14.11. If required by CONSULTANT, CONTRACTOR shall promptly, as directed, either correct all de#ective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by CONSULTANT, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all.direct, indirect, and consequential casts of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals} made necessary thereby. ONE YEAR CORRECTION PERIOD: 14.12. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to the CITY and in accordance with the CiTY'S written instructions, either correct such defective Work, or, if it has been rejected by the CITY, remove it from the site and replace it with nondefective Work. if CONTRACTOR does not promptly comply with the terms of such instructions or in an emergency where delay would cause serious risk of loss or damage, the CITY may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of ail the Work, the correction period for That item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 14.13. If ins#ead of requiring correction or removal and replacement of defective Work, the CITY (and prior to CONSULTANT'S recommendation of final payment) prefers to accept it, the CITY may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to the C(TY'S evaluation of and determination to accept such defective Work GC-52 (such costs to be approved by CONSULTANT as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals}. If any such acceptance occurs prior to CONSULTANT'S recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents -with respect to the Work; and the CITY shall be entitled to an appropriate decrease in the Contract Price to be determined by the CONSULTANT. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to the CITY. CITY MAY CORRECT DEFECTIVE WORK; 14.14. !f CONTRACTOR fails within thirty days (30) after written notice of CONSULTANT to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by CONSULTANT in accordance with paragraph 14.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, the CITY may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the CITY shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the CITY may exclude CONTRACTOR from all or part of the site, take possession of ail or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and incomplete in the Work all materials and equipment stored at the site orfarwhich the CITY has paid CONTRACTOR butwhichare stored elsewhere. CONTRACTOR shall allowthe CITY, the CITY'S representative, agents and employees such access to the site as may be necessary to enable the CITY to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the CITY in exercising such rights and remedies wiN be charged against CONTRACTOR in an amount approved as to reasonableness by CONSULTANT, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a ciaim therefor as provided in Article 12. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of other destroyed or damaged by correction, removal or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY'S rights and remedies hereunder. GC-53 ARTICLE 't5 -PAYMENTS TO CONTRACTOR AND COMPLETION 15.1. The schedule of values established as provided in paragraph 3.9 will serve as the basis for progress payments and wil! be incorporated into a farm of Appl'scation for Payment acceptable to CONSULTANT. The schedule of values shat! be presented with such detail, and supported with whatever information the CITY or CONSULTANT reasonably requests. The CONTRACTOR shall not imbalance its schedule of values or artificially inflate any element thereof. Progress payments on account of Unit Price Work will be based on the number of units completed. APPLICATION FOR PROGRESS PAYMENTS: 15.2 Unless otherwise prescribed bylaw, at the end of each month, the CONTRACTOR shall submit to the Consultant for review, an Application for Progress Payment filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accomplished by such supporting documentation as is required by the Contract Documents. The Application for Progress Payment shah identify, as a subtotal, the amount of the CONTRACTOR'S Total Earnings to Date, plus the Value of Materials Stored which have not yet been incorporated in the Work, less a deductive adjustment for materials stored which have been installed which were not previously incorporated in the Work, but for which payment was allowed. The Net Payment Due to the CONTRACTOR shall be the above- mentioned subto#al from which shall be deducted the amount of retainage specified in the Contract, and the total amount of all previous approved Applications for Progress Payment submitted by the CONTRACTOR. Retainage shall be calculated based upon the above-mentioned subtotal. The above calculation in tabular form is as follows: Total Earnings to Date $ Value of Materials Stored $ Less Value of Materials Stored for which payment was allowed and which have been installed ($ Sub Total $ Less Retainage (based on sub total) ($ Less tots! of all previous approved Applications for Progress Payment ($ NET PAYMENT DUE: $ GC-54 The Value of Materials Stored shah be an amount equal to the specified percent of the value of same as set forth in the Agreement or Schedule of Values. Said amount shall be based upon the value of all acceptable materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing; provided, each such individual item has a value of more than $5,000 and will become a permanent part of the Work and is planned for installation within the fallowing thirty {30) days. The Application for Progress Payment shall also be accompanied by a Bill of Sale, paid invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of all liens, charges, security interests, and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the CITY'S interest therein, all of which shall be satisfactory to the CITY. CONTRACTOR warrants and represents that, upon payment of the pay request submitted, title to all work included in such payment shall be vested in the CITY. CONTRACTOR'S WARRANTY OF TITLE: 15.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Projector not, wilt pass to the CITY no later than the time of payment free and clear of Liens. REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT: 15.4. CONSULTANT wilE, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to the CITY, or return the Application to CONTRACTOR indicating in writing CONSULTANT'S reasons for refusing to recommend payment. !n the latter case, CONTRACTOR may make necessary corrections and resubmit the Application. Twenty business days after receipt of the Application for Payment by the City with CONSULTANT'S recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 15.7) become due and when due will be paid by the CITY to CONTRACTOR. 15.5. CONSULTANTS recommendation of any payment requested in the application for payment shalt not prohibit the City from withholding payment or prohibit the City from paying additionally sums regarding other matters or issues between the parties. In addition, payment precludes contractorfrom requesting additional compensation forwork for which it has been paid. 15.6. CONSULTANT'S recommendation of final payment will constitute an additional representation by CONSULTANT to the CITY that the conditions precedent to CONTRACTOR'S being entitled to final payment as set forth in paragraph 15.13 have been fulfilled. 15.7. CONSULTANT may refuse to recommend the whole or any part of any payment if, in CONSULTANT'S opinion, it would be incorrect to make such representations to the CITY. The CONSULTANT may also refuse to recommend any such payment, or, because GC-55 of subsequently discovered evidence or the results of subsequent inspections or tests, nulli#y any such payment previously recommended, to such extent as may be necessary in CONSULTANT'S opinion to protect the CITY from loss, including but not limited #o: 15.7.1. The Work is defective, or completed Work has been damaged requiring correction or replacement. 15.7.2. The Contract Price has been reduced by Written Amendment or Change Order. 15.7.3. The CITY has been required to correct defective Work or complete Work in accordance with paragraph 14.14, or 15.7.4. Of CONSULTANT`S actual knowledge of the occurrence of any of the events enumerated in paragraphs 16,2.1 through 16.2.9 inclusive. 15.7.5 For liquidated damages that. have accrued against the CONTRACTOR; 15.7.8 For claims filed by Subcontractors, suppliers or other third parties; 15.7.7 CONTRACTOR'S failure to carry out any of its obligations under the Contract Documents; 15.7.8 CONTRACTOR'S failure to make proper payments to Subcontractors or other third parties; 15.7.9 Damage to the CITY or another CONTRACTOR; 15.7.10 Punch (ist items unremedied; 15.7.11 Failure to comp{y with any and ail insurance requirements; 15.7.12 Reasonable evidence that the Work will not be completed on or before the Substantial Completion or Final Completion date. The CITY may refuse to make payment of the ful! amount recommended by the CONSULTANT because claims have been made against the CITY on account of CONTRACTOR'S performance or furnishing of the Work, or there are other items entitling the CITY to credit against the amount recommended, but the CITY must give CONTRACTOR written notice (with a copy to CONSULTANT) stating the reasons for such action. GC-56 SUBSTANTIAL COMPLETION: 15.8. When the CONTRACTOR considers the entire Work ready for its intended use, the CONTRACTOR steal{ notify the CITY and the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. Within a reasonable time thereafter, the CITY, the CONSULTANT and the CONTRACTOR shalt make an inspection of the Work to determine the status of completion. if the CONSULTANT does not consider the Work substantially complete, the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete, the CONSULTANT will prepare and deliver to the CITY for its execution and recordation the Certificate of Substantial Completion signed by the CONSULTANT and CONTRACTOR, which shall fix the Date of Substantial Completion. Before requesting an inspection for certification of Substantial Completion, the Contractor must have completed the following: 15.8.1 All air conditioning, ventilation, security systems, fire alarms, fire sprinklers and other life safety systems must be completed, tested, approved and demonstrated. 15.$.2 Air Conditioning systems must be completed, tested and approved by the Consultant. 15.8.3 Landscape irrigation systems must be completed, tested, approved and demonstrated. 15.8.4 In the Application for Payment that coincides with, or #irst follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. Include supporting documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. 15.8.5 Advise CITY of pending insurance changeover requirements. 15.8.6 Prepare specific warranties, workmanship bonds, maintenance agreements, final certifications and all required closeout submittals. 15.8.7 Obtain and submit releases enabling the CITY unrestricted use of the Work and access to services and utilities; include occupancy permits, operating certificates and similar releases. 15.8.8 Submit record drawings, maintenance manuals, final project photographs, damage or settlement surveys, property surveys and similar final record information. 15.8.9 Make fins! changeover of permanent locks and transmit master and grand master keys to the CITY. GC-57 15.8.10 Advise the CITY'S personnel of pending changeover in security provisions. 15.8.11 Discontinue or change over and remove temporary facilities from the site, along with construction tools, mock-ups and similar elements. 15.8.12 Complete final cleanup requirements, including touch-up painting. 15.8.13 Touch-up and otherwise repair and restore marred exposed finishes. 15.9. The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow CONTRACTOR reasanable access to complete or correct items on the "punch list". PARTIAL UTILIZATION: 15.10. Use by the CITY of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the CITY, CONSULTANT and CONTRACTOR agree constitutes a separately functioning and useable part of the Work that can be used by the CITY without significant interference with CONTRACTOR'S performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all Work subject to the following: 15.10.1. The CITY at any time may request CONTRACTOR in writing #o permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request CONSULTANT to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. !f CONSULTANT does not consider that part of the Work to be substantially complete, CONSULTANT will notify the CITY and CONTRACTOR in writing giving the reasons therefor. if CONSULTANT considers that part of the Work to be substantially complete, the provisions of paragraphs 15.8 and 15.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 15.10.2 The CITY may at any time request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to CONSULTANT and within a reasonable time thereafter the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of items remaining to be completed or corrected thereon before final payment. ff CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not GC-58 ready for separate operation by the CITY, CONSULTANT willfinalize the fist of items to be completed or corrected and will deliver such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final judgment between the CITY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon the CITY and CONTRACTOR at the time when the CITY takes over such operation (unless they shall have otherwise agreed in writing and so informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work, the CITY shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 15.10.3 if the CONSULTANT'S inspection discloses any item, whether or not included on the CONTRACTOR'S list, which is not in accordance with the Contract Documents and which would precluded beneficial occupancy and would render the Work not Substantially Complete, the CONTRACTOR shall immediately correct such item at no additional cost to the City. 15.10.4 The CITY, upon notification from the CONSULTANT that the Work, or a portion thereof, may be substantially complete, and all project closeout submittals pertaining to the Work have been approved and forwarded to the CITY, will direct the CITY to schedule and coordinate the CITY'S Substantial Completion Inspection. If the CONSULTANT finds that fhe work is substantially complete, it shall issue the CONTRACTOR a Certificate of Substantial Completion. Should the CONSULTANT deny substantial completion, CONTRACTOR shall promptly correct all deficiencies noted which caused the denial of substantial completion. Upon the correction of such deficiencies, the CONTRACTOR shall noti#y the CONSULTANT that such deficiencies are ready for reinspection at which time the CONSULTANT shah re-conduct a substantial completion inspection. FINAL INSPECTION: 15.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, CONSULTANT will make a Tina! inspection with the CITY and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete, defective, or not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies at no additional cost to the CITY. FINAL APPLICATION FOR PAYMENT: 15.12. After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered atl maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents (as provided in paragraph 7.18) and other documents--all as required by the Contract Documents, and after CONSULTANT has indicated in writing tha# the Work is acceptable and has been completed in conformance with the drawings and specifications and any approved changes thereto, CONTRACTOR may make application for final payment GC-59 following the procedure for progress payments. The final Application for Payment shall be accompanied by ail documentation called for in the Contract Documents. FINAL PAYMENT AND ACCEPTANCE: 15.13. Upon receipt of written notice from the Contractor that the Work has been completed in conformity with the Drawings and Specifications and any approved changes thereto, and receipt of the Final Application for Payment and accompanying documentation, the CITY'S CONSULTANT shall promptly examine the Work and, making such tests as he may deem proper and using all of the care and judgment normally exercised in the examination of completed Work by a properly qualified and experienced Professional CONSULTANT, shall sa#isfy himself that the CONTRACTOR'S statement appears to be correct and the CONTRACTOR'S other obligations under the Contract Documents have been fulfilled. He shall then inform the CITY in writing that he has examined the Work and that it appears, to the best of his knowledge and belief, to conform to the Contract Drawings, Specifications and any approved Change Orders, that the CONTRACTORS other obligations under the Contract Documents have been fulfilled, and that he therefore recommends acceptance of the Work for ownership and Final Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the CITY'S CONSULTANT does not in any way relieve the CONTRACTOR from his responsibility to deliver a fully completed job in a good and workmanlike condition, and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or equipment used by the CONTRACTOR. In addition, payment to the CONTRACTOR by the CITY does not constitute acceptance of the CONTRACTOR'S defective Work or release the CONTRACTOR from its obligation to repair or replace all defective and deficient work. The CONSULTANT will then make a final estimate of the value of all Work done and will deduct therefrom all previous payments which have been made. The CONSULTANT will report such estimate to the CITY together with his recommendation as to the acceptance of the Work or his findings as to any deficiencies therein. After receipt and acceptance by the CITY of the properly executed Final Warranty of Title and after approval of the CONSULTANT'S estimate and recommendation to the CITY, the CITY will make final payment to the CONTRACTOR of the Amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, including, but not limited to, Liquidated Damages, as applicable. All prior estimates are subject to correction in the final estimate. Thirty days after approval by the CITY of the application for final payment, the amount recommended by CONSULTANT shall become due and will be paid to Contractor. CONTRACTOR'S CONTINUING OBLIGATION: 15.14. CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by CONSULTANT, nor the issuance of a Certificate of Substantial Completion, nor any payment by the CITY to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by the CITY, nor GC-b0 any act of acceptance by the CITY nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 15.13, nor any correction of defective Work by the CITY will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Documents, ARTICLE 16 -SUSPENSION OF WORK AND TERMINATION CITY MAY SUSPEND WORK: 16.1. The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and CONSULTANT which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. In the event of a suspension of the Work, CONTRACTOR is expressly limited to seeking an extension of time in accordance with Article 13 of the Contract General Conditions and is expressly precluded from seeking any additional compensation in such circumstance. CITY MAY TERMINATE 16.2. Upon the occurrence of any one or more of the following events: 16.2.1. If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such timing relating to the bankruptcy or insolvency; 16.2.2. If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect a# the time relating to bankruptcy ar insolvency; 16.2.3. I# CONTRACTOR makes a genera! assignment far the benefit of creditors; 16.2.4. ff a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR'S creditors; 16.2.5. If CONTRACTOR admits in writing an inability to pay its debts generally as they become due; GC-61 16.2.fi. If CONTRACTO R fails to perform the Work in accordance with the Contract Documents {including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 3.9 as revised from time to time); 16.2.7. If CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 16.2.8. If CONTRACTOR disregards the authority of CONSULTANT; or 16.2.9. If CONTRACTOR otherwise violates any provisions of the Contract Documents; the CITY may, after giving CONTRACTOR and Surety seven days written notice of any default and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work ail materials and equipment stored at the site or for which the CITY has paid CONTRACTOR but which are stored elsewhere, and finish the Work as the CITY may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the expense of completing the work including compensation for additional managerial and administrative services, plus the CITY'S direct, indirect and consequential losses, damages and costs because of the CONTRACTOR'S default (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals and court costs) such excess will be paid to CONTRACTOR. If such expenses and costs plus the CITY'S losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to the CITY promptly on demand. Such costs incurred by the CITY will be approved as to reasonableness by CONSULTANT and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph the CITY shall not be required to obtain the lowest price for the work performed. In addition, failure of the CITY to comply with the seven days' notice provision to the surety does not render the termination improper, render the termination one for convenience or in any way release surety from liability under its performance bond. 16.3. Where CONTRACTOR'S services have been so terminated by the CITY, the termination will not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by the CITY will not release CONTRACTOR from liability. 16.4. The C{TY may terminate this Contract without cause by giving seven {7) days prior writfien notice to the Contractor, and in such event, the CITY will pay the CONTRACTOR for that portion of the Contract Sum, Tess the aggregate of previous payments, allocable to the Work completed as of the Date of Termination, plus reasonable termination expenses. The CITY also will reimburse the CONTRACTOR for all costs necessarily incurred for organizing and carrying out the stoppage of the Work and paid directly by the CONTRACTOR, not including overhead, general expenses or profit. The CITY will not be GC-62 responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or material men or for penalties or damages for canceling such contractual commitments, (with the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchased before termination if the CONTRACTOR can show proof of said purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. In the event of termination by the CITY, the CITY may require the CONTRACTOR promptly to assign to it all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and ather commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. CONTRACTOR MAY STOP WORK OR TERMINATE: 16.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by the CITY or under an order of court or other public authority, or CONSULTANT fails to act on any Application for Payment within thirty (30}days after it is submitted, or the CITY fails for sixty (60} days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven (7) days written notice to the CITY and CONSULTANT, terminate the Agreement and the CITY wi{l pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the work completed as of the Date of Termination plus reasonable termination expenses. The CITY will not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. The CITY may require the CONTRACTOR promptly to assign to it all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and any other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In addition and in lieu of terminating the Agreement, if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid, CONTRACTOR may upon seven days written notice to the CITY and CONSULTANT stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 7.27 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the CITY. ARTICLE 17 -MISCELLANEOUS GIVING NOTICE: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm ar to an officer of the corporation for whom it is intended, or if GC-63 delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. COMPUTATION OF TIME: 17.2. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. NO LIMITATION OF RIGHTS AND REMEDIES: 17.3. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 7.28, 14.1, 14.12, 14.14, 15.3 and 16.2 and ail of the rights and remedies available to the CITY and CONSULTANT thereunder, are in addition to ,and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph wit! be as effective as if repeated specifically in the Contract Documents in connection with each particular duty obligation, right and remedy to which they apply. All representations warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. ACCIDENT AND PREVENTION: 17.4. The safety provisions of applicable laws-and building and construction codes shall be observed and the Contractor shalt take or cause to betaken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, lnc. to the extent that such provisions are not in conflict with applicable laws. The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment an Work under the Contract. The Contractor shall promptly furnish the Local Public Agency with reports concerning these matters. 17.5. In the event the CITY is prevented from proceeding with any or all of this Work as stated in this Contract, due to a declaration of war, or national emergency, by the United States government, whereas the construction of the type contracted for herein is specifically prohibited by statute or governmental edict, or due to the stoppage of construction caused by any governmental agency, State, City, Town, or County regulations, orders, restrictions, or due to circumstances beyond the CITY'S control, then the CITY herein reserves the right to either suspend the Work to be done for an indefinite period of time or to cancel this Agreement outright by giving notice by registered mail of GC-64 such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has already been commenced, then the CITY herein shall be liable for only the cancellation or suspension without the addition of prospective profits or other changes whatsoever. FLORIDA PRODUCTS AND LABOR: 17.6. The CONTRACTOR'S attention is called to Section 255.04, Florida Statutes, which requires that on public building contracts, Florida products and labor shall be used wherever price and quality are equal. EMPLOYEES: 17.7. Ali labor described in these specifications or indicated on the Drawings and the Work specifiied or indicated shall be executed in a thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades. 17.8. Any person employed on the Work who fails, refuses or neglects to obey the instructions of the CONTRACTOR in anything relating to #his Work or who appears to the CITY to be disorderly, intoxicated, insubordinate, ar incompetent, shall upon the order of the CITY, be at once discharged and not again employed in any part of the Work, Any interference with, or abuse or threatening conduct toward the CITY, CONSULTANT or their inspectors by the CONTRACTOR or his employees or agents, shall be authority for the CITY to annul the Contract and re-let the Work. No intoxicating substance shall be allowed on the Work site. NON-DISCRIMINATION: 17.9 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The CONTRACTOR wil I endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants far employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractor compliance. DRUG-FREE WORKPLACE: 17.10. The CONTRACTOR shall comply with Florida Statutes Section 287.087 which gives preference to businesses with drug-free workplace programs. GC-65 ASS#GNMENT: 17.11. This Agreement, nor any monies due hereunder, or any part thereof, shall not be assigned, or transferred, by CONTRACTOR, nor shall the CITY be liable to any assignee or transferee, without the written consent of the CITY, to the assignment, or transfer. The CITY shall not release or discharge CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract Performance and Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer, VENUE: 17.12. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this Agreement is fxed in Paim Beach County, Florida. ASBESTOS: 17.13. If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the CONTRACTOR shall promptly notify the CITY and the CONSULTANT. The CITY shall consult with the CONSULTANT regarding removal or encapsulation of the asbestos material and the CONTRACTOR shall not perform any Work pertinent to the asbestos ma#erial prior to receipt of special instructions from the CITY through the CONSULTANT. RIGHT TO AUDIT: 17.14. If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the CONTRACTOR'S books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR'S plants, ar such parts thereof, as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon all subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR'S normal business hours at the office of the CONTRACTOR. The accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the CITY. GC-66 Ex~~~t~ a•~.t~ 3 Burma ~N GODa COMPANY. "Delray Miller Baseball Comp{ex" Delray Beach, Florida CDB #206&-052; TWC #F106902 SUMMARY OF PRECONSTRUCTION SERVICES June 6, 2007 Description of Services Scheduled I Duration i Total -' Rate ~ Total Cost Release ~ (weeks( Manhours A) Schematic Design DDCUrnents NIA 0 Project Officer/CM '- ' D 0 ~ '.. $ - Preconsirudion Manager 0 0 '. ', $ - Sr. Project Manager j 0 I 0 ~ i$ ~ - Project Manager D 0 I $ - SuAerintendenl ~ ~ 0 0 $ Chief Estimator ~ 0 0 I $ - Eslimator i 0 0 !l $ - Coortlinator ~ 0 i 0 $ 3 - Reimbursables • ~ ~ ' (Plan 8 Specification Reproduction ~ ~ 0 ~ ~ I $ - ITravel Costs ! 0 , $ - ~Offu:e Supplies; Copies; Postage; Express Mait ~ I D ~ ' $ - SubTotaf Cost Schematic Phase ~ I 0 ~ ~ $ B) Design Development Documents ~ N/A 0 Project OfficerlCM ~ D ~ 0 I I$ Preconsiruction Manager I 0 0 $ - Sr. Project Manager 0 0 '~ $ - Projecl Manager ~ '. 0 0 ~ ~ $ - Superinlendent ' 0 0 S - Chief Estimator 0 ' 0 Estimator ~ o I 0 I $ - Reimbursables !Plan & Specification Reproduction ' 0 '.. ' $ - TravelCosts i ' 0 j I ~$ - Office Supplies; Copies; Postage; Express Mail 0 ' $ - SubTotai Design Development Phase', 0 I S - C) 50 % Construction Documents Jun-07 4 ! I Project OtficerlCM 4 0 ' $ 170.00 ~ 5 Preconstruction Manager I d 20 I $ 100.OD ? $ 2,000AO Sr. Project Manager i 4 D $ 120,00 -. S - Project Manager ` 4 I 1 $ 100.Ofl ~ $ 100.00 Superintendent ~ 4 4 ' $ 105.00 $ 420.00 Chief Estimator ~ 4 ~ 4 '. $ 920.00 $ 480.00 Estimator I 4 BO $ 55.00 ! $ 4,400.00 Coordinator 4 4 $ - 45.00 ' S 160.00 Reimbursables ! ' Plan 8 Spec~catlon Reproduction I 1 j S 400.00 Travel Costs 1 ~ i $ 150.00 'Office Supplies; Copies; Postage; Express Maif ' 1 S 75.OD SubTotal 50% CD Phase; 713 ; 5 8,205.00 D) 95°/ Construction Documents for GMP ' Aug-D7 8 I Project OtficerlCPd I 8 ~ 8 $ 97000 $ 1,360.00 PreconsWCfzon Manager ~ 8 40 ~ $ 100.00 ~ $ 4,0.00 Sr. Project Manager ~ 8 8 $ 120.00 , $ 960.00 Project Manager I 8 16 I S 100.00 $ 9,600.00 Superintendent ~ - 8 8 $ 105.00E $ 840.00 Chief Estimator 8 16 $ 120.00 $ 1,920.00 Estimator j 8 120 I $ 55.00 $ 6,fi00.00 Coordinator 8 12 $ 45.00 I $ 54D.60 Reimbursables i ~ '. ~ ' IPlan & Specification Reproduction 1 ' ~ ~ $ 3,600.00 'Travel Costs 1 ~ ` $ 480.00 iOffice Supplies; Copies; Postage'. Express Matl I ' ', 1 $ 240,00 ', SubTOtal GMP Phase 220 ', S 22,140.00 'GMP Development includes: Oct-07 ~ Project Schedulod Start: December 2007 Market Analysis 8 Stimulation ct Bidders Interest I i Prequalificafion of SubconEraclors '~ '. i Preparation of Trade Bid Packages f `. i _ I _ _ Total:Precottsttuction SePVices 341 $ 30,345. 2DD7 06_t,~_PreconSvcs_DMBC_revlrt Revised. page 1 of 1 Date: 5 Jul ~ 2007 AGENDA ITEM NUMBER:~~ w AGENDA REQUEST Request to be placed on: Consent. Agenda X_Regular Agenda .^W'orkshop Agenda ____Special Agenda When: ZO July 2007 Description of Agenda Item (who, what, where, how much): Request for City Commission approval /authorization for preconstruction services for the Miller Park proposal and related agreement associated with the Construction Manager at Risk Service contract. Recommendation: Department Head City Attorney ReviewlRecomxnendation (if applicable): Budget Director Review (required on all items involving e~cpenditure of funds): Funding Available: Yes / 'o Initials: Account 1VTulr..,~~ ... „ Description ~~ ,.,~ - ~. _ ~~ v -~•,+- - . ~ (,Lc ~i',S'= ~i S~~G~i~~ Account Balance: ~~~ ,5~~ Lr~ ~ ` ~'~"~'~'~^ Funding Alternatives: City Manager Review: (if applicable) Approved for Agenda: es No Initials: Hold Until: Agenda Coordinator Review:. Received: S:\EnbAdmin\Projects\2004\2004-051\CONTR.ACT\Agenda request Weitz Precon Serv 07-10-07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: JULY 6, 2007 SUBJECT: AGENDA ITEM # ~ • ~ -REGULAR MEETING OF JULY 10, 2007 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Dekay Beach Housing Authority. BACKGROUND Ms. Dawn Guzzetta submitted her resignation from the Delray Beach Housing Authority effective June 4, 2007. This creates a vacancy for a regular member to serve an unexpired term ending July 14, 2010. The resignation letter is attached for your review. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Ms. Christel Silver. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner Montague (Seat #4) for one (1) regular member to serve an unexpired term ending July 14, 2010. RECOMMENDATION Recommend appointment of one (1) regular member to the Delray Beach Housing Authority fox an unexpired term ending July 14, 2010. DELRAY BEACH HOUSING AUTHORITY EXHIBIT ~~A" Edward Desmond Joe Farkas Gerald Franciosa Irene Frazier Philip Friedman (currently serving on the Nuisance Abatement Board) Joseph Gaston Johnny Kincaide Pearl Markfield Elrod Sylvia Morris Christel Silver Phyllis Willingham Alan Weitz June 4, 2007 Ms. Dorothy Ellington President & CEO Dekay Beach Housing .Authority 600 North Congress Avenue Delray Beach, FL 33445 Dear Dorothy, ~~~~om~D JUN - 4 ?007 CITY COMMISSION l~ It is with mixed emotions that I write this letter. Nine years is a long time to volunteer on any one project, yet somehow time has flown serving on your board. Through periods of calm and quite, stress and worry, and now shear excitement and hope; we have worked well together at the Delray Beach Housing Authority. Appointed by City Commissioner Michael Wright, while working for Sheriff Bob Neumann, I have served as Commissioner and Chairman and now Vice Chair. I have concurrently, watched you advance from Executive Director, to President and Chief Executive Officer of a Housing Authority that will surely capture the community's attention and accolades, as you redevelop Carver Estates and the surrounding properties into a world class mixed income neighborhood. With educational and service opportunities like no other available to your residents, a location east of Route 95 and just minutes from the Atlantic Ocean, it will be a showcase that the City of Delray Beach, Palm Beach County, the State of Florida and HUD will be proud of. I am so proud of what we have all recently accomplished and especially of your leadership through out the process. You have been a wonderful friend to me in my personal life and an important colleague and mentor to me throughout my commission. Since I have decided to pursue some employment opportunities that have recently come my way, and plan to travel back and forth to New York City a lot with my daughter's recent acceptance to Columbia University; I am resigning from The Delray Beach Housing Authority Board and the Board of the Delray Housing Group immediately. Thank you and your staff for all Dot. Best Personal Regards, ~ ~ ~z Dawn Guzzetta. ~ ~(O~ ~~3 ` y ~ O ~ CC: Mayor Rita Ellis DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 770 SW 12~' Terrace Delray Beach, FL 33444 06/07 TERM REGULAR MEMBERS TELEPHONE EXPIRES 07/14/2008 Joseph Bernadel, Chair Home: 883-5465 Unexpired Term 07/16/02 Toussaint L'Ouverture High School Office: 243-3136 Reappt 06/08/04 14610 Military Trail Delray Beach, FL 33444 07/14/2010 Alfred Etienne Office: 498-0500 Unexpired Term 03/02/99 311 Sterling Avenue Home: 637-0387 Reappt 07/02/02 Reappt 07/11/OG Delray Beach, Florida 33444 07/14/2010 Unexp Appt Vacant 07/14/2009 Angela D. Randolph Office: 276-2889 Appt 07/24/01 1323 Prospect St. Home: 279-0377 Reappt 06/21/05 Delray Beach, FL 33444 10/27/2007 Gary Rosen Office: 266-9669 Unexp Appt 07/22/03 817 Northwest Second Avenue Home: 330-0099 Reapptll/04/03 Dekay Beach, FL 33444 Cell: 251-1065 03/06/2010 Morris L. Weinman Home: 498-4948 Unexpired Term 03/OG/Ol 13850 Via Tivoli Reappt 02/05/02 Reappt 02/21/OG Delray Beach, FL 33446 07/14/2010 Thuy Shutt (Twee) Office: 536-1042 Appt07/I1/OG 102 NE 12~' Street Home: 265-1086 Delra Beach, FL 33444 Cell: 665-0145 Director: Dorothy Ellington Contact: Nina Levina/Jackie 272-6766 X-18 nlevine@dbha.org Housing Authority 278-4937 Fax 272-7352 S/City Clerk/Board 07/Defray Beach Housing u~w~v ~~cH I a-~ ~~u'j .,o..o~ ~~C~~v~~ CITY OF DELRAY BEACI~E~ ~ 0 2005 BOARD MEMBER APPLICA~~~~,~,~K 1993 2001 Please type or print the following information: 1. Last Name: ~ ~S~Q Name / ~ [Yu,~ ~- M. I.~ 2. Home Ad ess: / 3 ~ ~,rc2~,e ~~n ~. F ~ ~-~ 'ty ~ ~ ~c~ a~ Sxa~e Zip Code ~ 3. Legal Residence: SCt ~ 3 ~ 64-v ~ City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: G/- `~9~ -,5"~ Q3 Business Phone: E-Mail Address: Cell Phone: ~/- yyS ~ ~3 a~ Fax: 6. Are you a registered voter? If so, where are you registered? e.5 ~el6~c ~?~ Lj 7. What Board(s) a e you interested in serving? Please ' _in/or e; of pref ence: ~~ ~~ ~ 8. List all City Boards on which you are currently serving or have previously served: (Please include dates P. ~ ~B !~ / 1T ~d L`> ~/> ! v<<S / Oyu 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: C'r~~ ~~~ ~~~~~ ~~ CDo~~~~z~~~~s - ~~~! •.~ 11. ive your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~~~~5 z° ~~p ~ ~QIC LO~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in thi~p~ 'c ay cause forfe;'`~e upon my part of any appointment I may receive. ~ ~ GNATURE DATE Dote: ttus application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. f S~CCfYCLERK~BOARDIAPPLICATION `/~ EDWARD C. DESMOND 5473 Grande Palm Circle Delray Beach, Florida 33484 (561) 496-5393 PROFESSIONAL EXPERIENCE 1999 -Present CARDINAL FURNITURE, L.L.C., Delray Beach, Florida Owner 1996 - 1998 C.T.P. FURNITURE, Stratford, Connecticut mice President -School Division 1989 - 1995 DMS ASSOCIATES, Fairfield County, Connecticut Management Service Consultant 1987 - 1989 TOWN OF WILTON, Connecticut First Selectman (Elected Office) 1977 - 1983 WILTON PUBLIC SCHOOLS, Wilton, Connecticut Director of Management Services 1972 - 1977 WESTPORT SCHOOLS, Westport, Connecticut Comptroller 1965 - 1972 DANBURY PUBLIC SCHOOLS, Danbury, Connecticut Assistant to Superintendent for Business/Finance 1964 - 1965 SOUTH SCHOOL, New Canaan, Connecticut Teacher PLYMOUTH STATE COLLEGE, Plymouth, New Hampshire 1959 - 1960 Principal of K-8 Laboratory School, and Director of Student Teaching 1957 - 1959 Supervising Teacher 1955 - 1957 CONWAY ELEMENTARY SCHOOL, Conway, New Hampshire Principal 1954 - 1955 PINE TREE SCHOOL, Center Conway, New Hampshire Teaching Principal OTHER EXPERIENCE 1983 -1986 Small Business Owner Westport, Connecticut 1972 -1977 FAIRFIELD UNIVERSITY, Fairfield,. Connecticut Teacher of Graduate Courses in Negotiations UNIVERSITY OF BRIDGEPORT, Bridgeport, Connecticut Teacher of Graduate Courses in Finance 1960 --1964 Owner -Real EstatelConstruction Business Plymouth, New Hampshire Park Commissioner (Elected Office) Plymouth, New Hampshire Precinct Commissioner (Elected Office) Plymouth, New Hampshire Alternative Representative to House of Representatives Plymouth, New Hampshire EDUCATION 1970 - 1972 National Association of School Executives 1966 - 1968 University of Bridgeport, C.A.G.S. 1956 - 1958 Boston University, M.Ed. 1950 -1954 Plymouth State College, B.S. PROFESSIONAL AFFILIATIONS • Connecticut Association of School Business Officials President-Elect T972-73 /President 1973-74 • Connecticut Association of Superintendents • Conway Teacher Association President 1955-56 • Danbury Association of School Business Officials President 1970-71 11978-80 • National Association of School Business Officials • Phi Delta Kappa Vice President -Bridgeport Chapter 1972-73 • National School Supply `and Equipment Association • Boca Raton Chamber of Commerce • Delray Beach Chamber of Commerce • "Council of 100 Club" • Public Employees Relations Commission, Delray Beach 2002 • Palm Beach County Republican Executive Committee 2002 utuw~ nrr-a..~ . o - -ate ~- CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 2001 Please a or tint the folio information: /~% ,G/Janee 1. Last Name: ~~ ~~ Name ~ ~/~~ ~ L 2. H me Address: ~ - ~,~ ~e_ ~ City ~ ~c State %~- Zip Code 33 y s 3. Le Residence: City State Zip Code .4. Principal-Business Address: 3i~ot G~/fsT ~~~NTi~ ~/C OGT~tia- i°~~~,~ i~ 3 ~ City ~ 2~ % ~ ~~ ~ State i-L Zip Code 3 3 Y~3 S. Home Phone: i ~ x Business Phone: .579 ~~ y ~ ~~~ E-Mail Address: e~~ .~ - ~e ~ Cell Phone: s 6 Fax: G. Are you a zegistered voter? If so, where are you registered? ~`LS `L. D ~.oi+- 7. What Board(s) ate you interested in serving? Please list in order of preference: lp/~O ~ Z p ,.~ v- L/-~~~ L~C.4 '~ ~sf~C ~ ~~ 8. List all City Boards on which you are currently serving of have previously served: (Please include dates) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold 11. Give pour present, or most recent employer, and position Lli/ h'N !r ' 12 Describe experiences, skills or knowledge which qualify you to serve on this boards (Please attach a brief resume) °cr ~ -- o r- p &~~/ ~/ ~c.~J~~c~ I G~D~ r- ~" .Si~Ge ~' ~~sl2~ fz.~ ~ fie. a~~_ ~~ fl~r2 r/fi~ ~`'r7 I hereby certify that all the above statements are tme, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointor//ent I may receive. sic~z ~rcrxE Dn-rE ;.. ate: This application will remain on file in the City Clerk's Office for a period of 2 pears from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~CnyQERK~BOARDIAPPL[G'RON may-i°-u~ u~:inpm rium-nn~n muivi~ muluR~ r~blbtltltl]ub 1-ItlL Y-U~/uj t-tlUy JaIE J. PARKAS 7 37 Northwest 37th Avenue Delray Beach, Florida 33445 (561) 499-4i~78 Cell: (561) 271-7651 OBJECTIVE :seeking Management position with growth oriented organization where my skills and Experience can be utilizEd_ SUMMARY OF QUAD FICATIONS Professional offering exceptional manaclerial, organizational and motivational experience in finance industry Proficient in coordination and implementaticm of rnutti task responsibilities Excellent communic.3tion and public relation skills with strong emphasis on customer satisfaction FOSSeSS nigtl worK e[hIC wltti versdtillly at iv Nci acvera~zcc Experience in traininc_ and motivating sales and service representatives Continuously exceed:~ goals ~~ Productive in effective; time management to ensure schedules are met ~• Effective team player and proven troublesh~~oter EXPERIENCE 11!00 -Present ','VASHINGTON MUTUAL BANK, West Palm 13each: Florida ,asst. Vice President/,~fnanciat Center Manager ~• Hire, train and motivate staff of 15 to become effective bankers ~- Attained mortgage and consumer loan growth of 125% to 175% ~- Develop and maintain positive business relationships and community contacts ~- Realized 100% goal ~3ttainment for the pass: four years 11/92 - 11/00 .~MTRUST BANK, Boc~~ Raton, Florida .~oan Officer (3197 - 11!00) - Processed loans fror~i origination to closincl • Produced $19 million in mortgages during ~~ne 12-month period - Underwrote and approved authority for equity loans up to $254.000 @ranch Manager (6/93 - 3/97} - Managed staff of 21 in sales and operations of $500 million branch (largest branch in system nationwide) - Provided high customer service levels e~llphasizing problem resolution and staff development Loan Officer(11192 - 6/93) Solicited builders, developers and realtors to originate loans Generated $15 million in mortgage from 1_!92 to 6/93 4185 - 10/92 CALIFORNIA FEDERAL SAVINGS 8 LOAN Branch Manager Created customer awareness by developing and implementing marketing programs and soliciting outside, business Branch consistently :achieved over 100"/° ct producilon goals GVVVAIIVI~ v~~ltii ~iiv~i ~, ~'vl' .v.-...+ ..:,~.. _.. .... Ra~hPlnr c-f BuQiness Administration DELRAY BEACH i 1993 2001 CITY OF DELRAY BEACH ~ ~~ ~, 2006 BOARD MEMBER APPLICATI~ ~~~ C~~~ ~~' Please type or print the following information: o/a~~ 1. Last Name: ~ ~ Name M. L 2. Home Address: ~ ~~ ~~ City ~ ~G Sta~G Zip Cod 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: 1~'~`ae~o Business Phone: E-Mail Address: - ~~~+dsA ~ Cell Ph e• s~~~ ~~ l -C~~ Fax: ~df- Z6 ~ 6. Date of Birth Q 7. Are you a registered voter? f so, where are you registered? ~~ 8. What Board(s) are you irate sted in servin ?Please list in order of preference• CnDC ~ ~='oie~~n-t~~/7" C,E~~ rr>:r./ ~A~,'~ ,~ td. ~/"ct2fC ~ t~ , List all City Boards on which y u are curr y serving or have previously served: (Please include dates) 10. Educational qualifications: t ~ti~ 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: /t~~0 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~~_ ~ ~_ I her erti that all the above statements are true, and I agree and understand that an 'ss ement of ma rial facts con ed ' 's application may cause forfeiture upon my part of any appointme I may receive. ~vf~U~t~c-a, DATE i ax l [~fis application will remain on file in the Ciry Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. 06/11/07 MON 13:06 FAX 5612433774 CITY CLERK DELRAY BEACH l O A 1 O A 1 ~ ' 7993 2pp, 1~J 0 0 2 ~~~~ ~~ CITY OF DELRAY BEACH ~~~ °~ ,~ 9 Bt~ARD MEMBER APPLMCA7"1 ~` s~~ a Please tune or nrint the follnwin~ infnr~»~tinn• ~~~/~~ 1. Last Name: r- Name ~N~ M. L 2. Home ~ ess: / ~ r / n ~ t 6 `~ /~' Ci State ~ Cody 3. Legal Residence: 3d sLc~, 'c t fh A c~-~- City State Zip Co e 4. Principal Business Address:. City State Zip Code 5. Home Phone: ' ~1 ~~7a~ Business Phone: ~~~s ~~q E-Mail Address: Cell Phone: ~l ~ a a~~ Fax: 6. Date of firth .~~31~ z 7. Are you a rcgistc.:ri;d voter? If so, where are you registered? 8. What Boards) are you interested in serving? I?lease list ui order of preference: r 9. List all Ciry Boards on ~rhich you currently servin r have previousiy seta •' lease include daces) a~ Ip_ L~ducational qualifications: ._ ~' 11. Lis y rtelated professio erafications and licenses which you hold: 12. Give your pr ent, or most re nt employ , as position: 13. ];7escribe experiences, skills ct knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ ~ 1 ~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material Facts contained in this application may cause forfeiture upon mp part of any appointment i may rccei c. d STGNATUIZI : Dg i I J ,vote: .t-us appucanon wu1 rerrlarn on rue in the laity ~;terk's (~f5ce for a period of 2 pears From the date it wa.s s~_ibmitted. It will be thr applicant's responsibility to t:rrsure that a curxei~t application is on file. DELRAY BEACH r-~J,~J~ , . , o ... - - ~l/ s/ Au-~nencac~ty C~/~~r~t.S ~ ~ 1 ~ rCG7 l CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION ~EG~}~~ 1993 zoos AUG =.5 2005 Please type or print the following information: r,,-rv t^~ 1 ~ ~K 1. ame: - N I- ~ N ~' . 2. Ho Address: I ~ ~ ~ 2,f}- r.1~ ~te Zi 3. Legal Residence: ~ ` City State Zip Code . ~ G'V ~ ~ 4. PrincipalBusiness Address: City State Zip Code ~~ 5. Home Phone: Business Phone: Mail Address: Cell Phone: Fax: ~~ ~ 7~ ~ 6. Are you a to ~stered voter? If so, whe e are o re ~ t red? e~ Cr ~ 7. What oar (s) are you ~ retested ins ?Please list in der of p eren e: /~4-~ ~ 'a- ~-~ 8_ List City Boazds on ~ch you ate currently serving or h ve p eviously creed: (Pleas include dates) 9. Educational ualifications: n f V k ` ~V SC~.~ c~ c7 y~S+N~° S 10. List any relat d pr f Tonal certifications and li eases w~}ch you hold: f • c ~S-2_ 11. ~ e pour resen or most recent emp oyer and posi ~oa ~ -~l.S, , ~ ' 1 escdbe "ences, skills or owledge which qualify you t serve o n this boar ~ (Please attach a brief tes e) ~ p fC ..c1 Lie ~ -P ~ CJ ~ .rL ~= ~ F~/~% t `~ ©C ®/v OC ~ ,C . ~lZ r~ OZ ~ NC~2~ f1~SSOC~~- Ihereby certify at all above statements are true, and I agree and understand that any misstatement of material facts contain app ' ~on map ca forfeiture upon my part of any appointment I ma rec ~ e. i~~ ~ ~~ Q~ T'= ~ NATU DATE ?vote: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S1C(1YCIERIQBOARDUPP{SCAT[ON S end ~}1 ~.4,rw4N ~--~ rum ~. n . ~nT ~~On~c'9Mf GS - ~~I rw n,Lr,_ G G< «~~ N~~Ca1\~~ SSG ~ ,Nye , N~~-~ W v 2~C L~~~~ ~ eNC~°_ TC-~->c ~ , ~1 ~ a~- l ~?oZ- l c1 ~z ~ t ~v~/e~C ~c~.~ ~f ~ f S~,r~.r~-- ~.N -ve.r-c- L~ ~ ,., ~sW <<9-~ ~C c 219"\ PS~f~/ (,~~ q v-~S ~ .~C~~nl cot~P~RNS~ ~ o C~ DELRAY BEACH ~ ~ ~ ~ `~ a~-am~~c~r 2007 ~ ~ CITY OF DELRAY BEACH A~~ 1 n ® BOARD MEMBER APPLICATIOI~~-~~~~ 1993 ~ 2001 /~~~P ~ / Please type or print the following information: ~ '`~~ v~v 7 1. Last Name: ~ ~~/~ , / - fl _ Name ,AS i D ~ M.. 2. Home Address: ,~ 3~ ~~~ ~.3 ~/~ City ~ ~~~A ~~~~~ State . ~~ Zi Code ~~~~~ 3. Legal Residence: a,91~E ty State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: mil- ~$'/o ~ 6. Date of Birth Business Phone: E-Mail Address: Cell Phone: Fax: ~l- 9~ ~'~~ ~$ ~JQS ~7 ~~/~ ,~f X03 ~~~~ ~ ~ ~~~ /d ~~ 7. Are you a registered voter? If so, where are you registered? S. What Board(s) are you interested in serving? Please list in order of reference• '/ ~ DIL ~ Ib'OfZ ~CI~CIC. r ~ /3 ~ ~'ft ~ JY List all GtyB arils on whi you are currentlyserving or have previouslyserved: (Please include dates N ~' 10. Educational qualifications: _ 11. List any related professional certifications and licenses which you hold: /llDJf~,~ ftt ~G 12. Give your present, or most recent employer, and position: _ Jl Zl~/ ~~//~L ~l~/~Il/Cf~~ S ~~ J o,8 ~ C~ ~o%! r~N .~ ~l> ~-~ is ~f/F~i 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all-the above statements are true, and I agree and understand that any misstatement of material facts contained in this app 'ca~ima cause forfeiture upon my part of any appointment I may receive. SIGNA L~ Z ~ DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. GASTON G. JOSEPH 636 NW 53'~ Ave. Delray Beach FL 33445 (561) 498-1092 Gjos67eph(a,yahoo com A talented Business professional with extensive sales and customer service experience SIiMMARY OF 4UALIFICATIONS • Able to learn and apply quickly and effectively • Hard working, detail oriented, able to multi-task • Extensive customer service background • Excellent communication and presentation skills PROFESSIONAL EXPERIENCE • Prudential Financial, Boca Raton, FL Mazch 2007- Present Financial Service Associate • Propose insurance and investment products most suitable to customers' needs. • .Prospect for clients, develop insurance and investment program and make sales presentation. Fidelity Federal Bank & Trust, W.P.B.,FL May 2004- January 2007 Financial Service Representative II • Service new and existing accounts • Originate and close consumer loans • Consistently achieve or exceed all sales quotas each year • Represent the Bank to customers in a courteous and professjonal manner • Provide prompt, efficient and accurate service in the processing of transactions • Perform all Teller functions as well as other duties requiring additional knowledge and expenence Palm Beach School Board, W.P.B., FL August 2002- May 2004 Community Language Facilitator • Assisted teachers and administrators in fulfilling ESOL program goals and requirements • Maintained a directory of referral services for the target population • Participated in developing strategies to increase academic achievement for students of the target population • Participated in ESOL Staff development activities • Served as an advocate for students and parents of the target population • Served as an interpreter in school communications with parents, students and community members Rent Free Realty, Boca Raton, Fl May 2001- October 2004 Sales Agent • Assisted customer in leasing, buying and selling of real property • Performed comparative market analysis for customers • Performed customer service Switch Access Communication, Inc. Boynton Beach, FL March 2001- January 2002 Assistant Manager • Performed staff orientation and training, assisted with scheduling and supervising staff • Responsible for administrative functions such as filing, data entry and visitors relations • Monitored progress and assisted with accomplishment of daily objectives • Performed customer service EDUCATION FLORIDA ATLANTIC UNIVERSITY, Boca Raton, FL (2003) B.S. in Business, Major: Economics. FACULTE DES SCIENCES HIINIAINES, Port-Au- Prince, Haiti (1994) B.A. in Liberal Arts, Major: Sociology FSA Job Description Position Summary The Financial Service Associate (FSA) position is a sales position with The Prudential Insurance Company of America selling insurance and financial services. FSA's participate in a 2-year development program, developing product knowledge, and selling experience while offering appropriate insurance and investment products to help clients meet their financial goals. After the 2 year program, many will continue to be financial services generalists, assisting clients with a range of insurance and investment needs; others will go on to develop a specialty, such as fee-based financial planning, insurance for business needs, or estate planning needs. Overall Duties and Responsibilities • Sell new insurance and investment products • Solicit new customers through approved techniques and methods • Conserve existing insurance and investments products • Service the insurance and investment needs of all owners of policies issued or offered by Prudential Financial companies. Essential Job Functions It is important that Financial Service Associates be capable of mastering the complexities of the job, continually learning new products, information, and approaches. As our representative, the FSA must have a full understanding of all our products and be able to recommend to customers the appropriate solutions that are in the best interest of the customer. The end result of the FSA's work is to develop long-term relationships between us and the policyholder that will impact the personal welfare of many people. The FSA's general duties include the responsibility to: A. Prospect for clients, develop insurance and investment programs and make sales presentations regularly for a broad range of life and non-life insurance contracts and financial products and services sold by Prudential Financial companies. B. Propose insurance and investment products most suitable to the applicant's needs and ability to pay. C. Make the necessary adjustments in the policyholder's portfolio in light of changes in their needs. Although many transactions are handled by the Customer Service Office, an FSA should understand how to provide services, such as processing. loans, surrenders, changes in beneficiary, claims, policy options, and the like, as well as being able to explain to customers the effect of these transactions. D. Maintain in force the existing insurance and investments products of clients, secure the reinstatement of insurance that has lapsed, and perform all-the duties incident to the care and conservation of the business assigned by Prudential. This may apply to all policies, whether or not the insurance was originally sold by the FSA. E. Maintain records of account, and render when required, on forms provided by Prudential, a report of all business transacted and complete accounting. of all monies received on behalf of Prudential Financial companies. F. Conform to and abide by the procedures, rules and requirements of Prudential Financial companies and the state or states where the FSA operates. Insurance is issued by The Prudential Insurance Company of America and its affiliates. Securities are offered by Pruco Securities, LLC. Investment advisory services are offered through Prudential Financial Planning Services, a division of Pruco Securities, LLC. Each is a Prudential Financial company located in Newark, NJ, and is solely responsible for its respective financial condition and contractual obligations. The Prudential Insurance Company of America is an Equal Opportunity Employer IFS-A081826 ~~ Ur»~ln~fi•~l utucnT tsti+~,n f l O { I O A All-Ame~icaCiryr ~~~; ~ ~~~ ~ ~ ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATIOIV~~N ~ ~ 2007 1993 ~' IT~ ~a ~l-~~ 2001 Please type or print the following information: l~i~~n9" 1. Last Name: ~r11lGI¢rYJc - Name ~~ vJ~ M. I. 2. Home Address: lo'~ ~ Fc ~ ~ CT. City p - _ , ~L~ -~ Y State ~L Zip Code 33y4~`l 3. Legal Residence: g~1~YlF City State Zip Code 4. Principal Business Address: 39q ~J. ~ z ~0 s-r~ aD~ City ~~ Rra-rr~+v State F~ Zip Code 3~~t3~ 5. Home Phone: S'to r - S' ~ Business Phone: S'~ r ~~~ -3t~1~ E-Mail Address: rNuHO~t-+~r~P_.r~r. Cell Phone: Fax: 9s~l~tc~-a3~q 6. Date of Birth l o l a4 ~ 7. Are you a registered voter? If so, where are you registered? Y7= s ~ c u2~~t 6 c -4c.r{ - T>~P, ~ ~~t~c.m s 8. What Board(s) are you interested in serving? Please list in order of preference: DB~I~ 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) i 10. Educational qualifications: ,J~ IJ r 17. ~'l. - f'~~1 f l~` ~~IV~ 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: 1~~ u ~t ~ , 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) SEA ~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. (o~S/a1~- SIGNATU - DATE ivote: t tus appucanon will remain on file m the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. JOHNNY KINCAIDE 2b W. Flagler StJ'eet, 11. Floor, Miami, Florida 33130 PHONE: (305) 371-9661 -FAX: (305) 374-4058 E-MAIL: j.ki»caide(a~,llcfirrn.com PROFESSIONALi. TtiXPERiENCE 1003 to Present LOCK]C & .~iNCAiDE, LLP Miertu, Florida Par Bier Specalz..ing in ei»plt~ylnent law, contract disputes end general carporate/aduzitxiStrative law. 1.998 to 2003 E1It-ERATAN, SEN'CERFITT & TI.T_DSON. P.A. Miami, Florida .4ssociate Corporate Departrrte,u Negotiated and shuctured mergers and acquisitioxll of business etuities; advised clients on general. cotyorate law, employment fuattets, applicable regulatory and administrntive guidelutes; drafted general co~po.rate docun~e~tt5, acquisition agrernic;nts and related documents; drafted cotturtercial. docuolegtg. Fall 1497 FT. LAUDERDALE OTrICFL OF THE CITE.` PROSECCITOR Ft_ Lauderdslc, Florida Lm+~ C'lerk Researcbad appellate, evidentiary and constiaitional issues; dra&ed legal metnorAUda, ossisted City Prosecutor in trial prepai©tior~a. Summer 1.997 FOURTH DISTRICT COURT OF APPEAL West Pahn. Beach, Florida St(17IIrtlY IntCrjl ~or Judge. T~" Af~iu{rew S`teverra•orr Reviewed Appellate brizfs; rese©rdted and draftEd legal tuemoranda, drafted legal opinion.. EDLiG~TION Uaivel-sity of Miami School. of Law, Coral Gahlec, Florida J.D., May 199$ 1498 Outstanding Yotutg Men of America 1.998 Litigation Skills Honors Award Florida Mi.~aority Paaticipatioi~ iii Legal Education. Scholar University ofMiantiScholar Phi llelta Phi Legal honor l:ratzmity Piesiderlt, Cluistien Legal Society Florida Atlantic University, Boca Raton, Florlda B.A. iii Political. Science, Jwie .(995 Pi Sigma Alphs, Nariona! Political Science Honorary IIAR ADMISSION Florida Bar, ()cxuber 1998 CLIENTS REPRESENTED The Rickenbrrcker Collections Group, AntoNatiou, Inc., Republic Services, luc., Kellstrom lndustrias, Medical Manager Corporation PROFESSIONAL ASSOCIATIONS American I3ai Association, Natio~~al. Bar Aa~ociation Page i of i print • combine multiple documents • return Link to Board Certified Attorneys Florida Bar Attorney Profile Attorney Number:__155802 Member in Good Standing Johnny Kincaide Jr. Johnny Kincaide, P A 28 W Flagler St FI 11 Miami Florida 33130-1896 Phone: 305!374-6518 Fax: 305!373-5613 E-Mail: county: Dade Circuit: 11 Admitted: 10!16/1998 Board Certification: sections: Young Lawyers Division Link to the Lawyer Referral Service http://www.flabar.org/tfb/webadmin.nsf/PrintOrEmailF?OpenForm&Action=POE&ITRT: __ ~l1 F/~n~a 08/05%OS 4E'ED 14:33 FAY 5812933774 CITY CLERH ~~-""G "~' ®002 [fEi.RAY BEA(°.N ~ f/ ~~~ C~1- ~ ~ ~ • ~, , 1 CITY OF DELRAY BEACH • ~ _ ~ BOARD MEMBER APPLiCATiON AUC - ~ 2005 993 RK Elczsc t of nat the folio mfonu~aon. M ;~ ~- d ; ~ i~%Z ~ ~. Home A ess: ,_ , f i ~, ~ ~ ; Stw~ . Zip Code ~, L;eg}l~csidence: - City S~rc Zip Code ~ ~ Principal Business Address: Ci Stcte Zip Code ' ~3~.~ 5. Home phoa~ Business Pttaae: '~; ~ IBC) FrMai! Aci ess G c~ U. visa ~Js~u' E Cel! Phoac FaY• >` ;G_ Aie you a zcgistesed votes? ` ~ ~ If sq ~paheic ate ou ie strscd ~'~ 7 W6aUJ3cS-rd s :uc oy~'~ tcxcstcd in sceving?Plcase list in rdci pcefueace ~, ~t. ~ ~~ A!/I ~ G ? !~ C,C~ /' /') ~ ~ < i '` ~ ,L~ 1 , ~ j l . 7 + :~ ~ 1 I? / C_ c ~ ~ ! 1 8. List all City Hoards on which you uc cuuen~lp serving or have pcevuuslp sesoed (('[case include dates} 4: Educational quiliGctions• // ~' .~~~1 c c tQ. List-any celared groEessio~al certifications d licenses ~rhirh you hold .., Yl. Give yattr presatt~ o st rccc em yet, d p ~~oa ~ ~ ~~~ ~t~ .~~~.~~- 2 ~- ~- i r~ 12 Deseibc 'ettces, slaps o~ o~ bath ~~ .pout score this 1 0~ (Pl ~yetach a iarieE csvme} J., ~ ~! ~G /I S~ ~ 2 ~ ~JC - ~.Z s ~~~ ~% ~,~i1ii% ~/-1 ~ ~1,~~zrs ~~~~'', /~~r~=~ sib ~• ~~ ~ »~ , . ~ ~ G, iif/N~I` ~iC~ S ~U IUJ/L+/~LIJ~V 1.1U Y•l~JCY// vG/f,~~ I/~~ /~1-S 1 /~/ ~ ~i/G``F' ~`_ ~ ~' ~~~ L~/i, ' I heeebp, tiiy diet all flit above s~uements arc lute, znd Y ag[et aad undersiaod cba:c any misscac~crlC o£ matcaal facts /~' ~ conniri, ` is dais ' p `~%faoa~~u~pf~use~ faz •luce upon my put of aay sQi'o'° I may rcu~4e: .SIG A'Pl)RE ~ ~ nA'~' - Note: `Etas sppliestion will remain on 5Ic in the Cite Cierl~s OE1icc for s period of 2 years Ecom the dire it was submitted-. Ic will be the spptic~nt's respousbility to e:asurc t6a.t a ccvxent app4iatinn is om~anureuoitoa -. _~ T'd dSS = b0 SO b0 arty RESUME FOR PEARL "BUNNY" MARI~FIELD ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS REALTOR:COLDWELL BANKER REAL ESTATE (22 YEARS) PRESIDENT MERRITT PARK HOME OWNER'S ASSOC 6 YRS BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY AND CURRENTLY VICE-PRESIDENT. MEMBER OF THE SW/NW REDEVELOPMENT TASK FORCE SINCE IT'S INCEPTION AND CURRENTLY A MEMBER OF THE WEST ATLANTIC TASK FORCE_ WAS INSTRUMENTAL IN STARTING THE DELRAY LOOP AS A PROD PROJECT. HAVE LIVED IN DELRAY BEACH 8 YEARS AND HAVE ENJOYED EVERY MINUTE OF IT. I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE- AND-I PARTICULARLY ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA. rtu~ u•t u~ u~:.yup DELRAY IS DEVELOPING AS A WIDESPREAD EXAMPLE OF HEALTHY URBAN GROWTH AND I AM HAPPY TO BE HERE TO ENJOY ITS p - -~ OE~RAY BEACH ~., a~~ n~ aR-Anii~.ii 1993 200T Please ~~~~ X002 ~~ r DELRAY BEACH ... ~~~~;~ BOARD MEMBER APPLl~CATt~ON ~~~~ ~`~ infonnadon' ~~ ~~ c~ 3~ ~~ zip c~ a~ Gip Cc de -,~ _.i ~vucre are you re~tateLed? - , - _- -~-- ~-~ ......., .. ,u ,._.~auc ~41LC5 C -- ~ - - ~•• ~~ ~.waLrcr_ {1-ieg3e attach a hnef restune) ~* cause Fozfeibare upon. mJ• part of:trcp aPpointmectt•I m p recFlflc n~ent of maccrial facts c J t:ubtaitt~.d. lr will be Clle applic~nrs recponsibilitp to en~ure~that a ~ rent applic. tioa i onfila~te it vas DELRAY BEACH f L O R / O A AID-wIN8f~C8~ 1993 2001 ~~~~~~~~ CITY OF DELRAY BEACH~'~ ~ ,~pp~ BOARD MEMBER APPLICATION 2 ~~ ~~ G~~~ :~~ Please type or print the following information: ~/.~ ~/ag 1. Last Name: SILVER Name CHRISTEL M. I. 2. Home Address: 278 E CORAL TARCE CIR City DELRAY BEACH State FL Zip Code 33445 3. Legal Residence: SAME City State Zip Code 4. Principal Business Address: SAME Ciry State Zip Code 5. Home Phone: 561-274-8153 Business Phone: SAME E-Mail Address: chs cni,silverhouses.com Cell Phone: 561-929-5799 Fax: 561-243-1390 6. Date of Birth 02/03/1943 7. Are you a registered voter? If so, where are you registered? NO (I am a resident alien, not a citizen yet) 8. What Board(s) are you interested in serving? Please List in order of preference: HOUSING AUTHORITY 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) N/A 10. Educational qualifications: HIGH SCHOOL AND 2 YEARS COLLEGE 11. List any related professional certifications and licenses which you hold: REAL ESTATE BROKERS LICENSES IN MARYLAND, REAL ESTATE LICENSE IN FLORIDA 12. Give your present, or most recent employer, and position: SELF EMPLOYED AS REALTOR MY LICENSE IS WITH REALTY EXECU ITVFIS, I AM INCORPORATED AS CHRISTEL SILVER P.A. 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) SEE ATTACHED I hereby certi at all the above statements are true, and I agree and understand that any misstatement of material facts contained ~ s application may cause forfeiture upon my part of any appointment I may receive. ~~ G/~o/- JUNE, 14, 2007 SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. 13. I am in the real estate business since 1985, was a broker in Maryland and Washington DC, and a realtor in Virginia,. I also was a certified residential appraiser in Maryland and Washington DC for ten years, having been on the HUD list for their foreclosures appraisals as well as the FHA loans. During my years in Maryland I was the chair person for Equal Housing committees for Montgomery and Frederick Counties of the Realtor Associations, as well as a long standing member of these committees. I also worked for the Interagency Fair Housing Coordinating Group for Montgomery County, Maryland. Since September 2001 I am living in Delray Beach and have been a graduate of the City's Residence Academy, as well as the Chamber of Commerce Leadership Program. Fulfilling the American Dream for many First Time buyers is my great concern. I have specialized in helping these first time buyers over the years. Earlier this year I completed a Florida Housing Finance Corporation seminar about Affordable Housing. Besides my volunteer activities as a Realtor {I am the Secretary for the CRS Florida Chapter, a Director for the Realtors Association of the Palm Beaches for the Florida Association of Realtors, and will chair the International Business Committee in the local Association this year), I am very active at the Chamber of Commerce in Delray Beach as an ambassador and am chairing a leadsgroup, and have been the Secretary for the Coral Trace Home Owners Association for the past three years. Besides being a member of a tennis team for the Delray Beach Tennis Center, I am also a board member of the South Palm Beach County Woman's Tennis Association as the president for one division. ~u~~. ~r~ Christel Silver 278 E Coral Trace Cir Delray Beach, FL 33445 Tel: 561-274-8153 Fax: 561-243-1390 Cell: 561-929-5799 Resume Education: High School Diploma at Sequoia High School Redwood City, California as an Exchange Student from Germany in 1960 High School Diploma at Fritz Karsen Schule in Berlin Germany in 1963 Graduate from Law Academy in Berlin in 1966 Administrator of Justice from 1966-1985 working at the Court Houses in Berlin, Essen, and Essen-Borbeck, Germany Real Estate Schools in Maryland, Washington DC, and Florida Graduate of the City of Delray Beach' Residence Academy in Apri12004 Graduate of the Leadership of Delray Beach 2005 Licenses: Associate Broker in Maryland license #81131 since 1985 Realtor in Florida license # SL690952 since 2000 Certified Residential Appraiser in Maryland license# 7102 from 1991unti12004 Notary Public in Maryland from 1986 until 2001 Notary Public in Florida since September 2003 Fair Housing: Member of the Fair Housing Committee at the Montgomery and Frederick Association of Realtors in Maryland 1990-2001 Chairperson for the Fair Housing Committee in Montgomery County Maryland in 1995 Member of the Interagency Fair Housing Coordinating Group in Montgomery County, Maryland 1995-1997 Washington DC HUD Task Force member for Fair Housing Voter status: I am a resident alien. Membership: Greater Delray Beach Chamber of Commerce (Chairperson for 2005 for the Ambassadors and Chairperson for a Leadsgroup since 2005) German American Chamber of Commerce International Business Council of Palm Beach County Association of Realtors Secretary for the Florida CRS Chapter (Certified Residential Specialist) Elected Secretary for the Board of the Coral Trace HOA ~,r ~~~ / January 31, 2006 V~ V Christel Silver Date . OELWIY BEACtI ~~ ~~~~ !~+ ~ CITY OF DELRAY BEAC~ pf~ ~~~~ ~ I ppR ~~ ® BOARD MEMBER APPLICATION GCE G~~~ 1993 2007 Please type or print the following information: ~~~~ 1. Las Nam me ~ M. L 2 Home ddress: City State Zip Code S tc~ ~`' ~ ~ L 3 4 3. Legal Residence: City State Zip Code ~ s Cv`u` ~.e! a FL ~~ 4. Principal Business Address: City State Zip Code 1 g~ao ~ : r % ~; ~e~~- ~~ ~3 ~ 5. Home Phone: usiness Phone: E-Mail Address: Cell Phone: Fax: S~o~ -2 b ~ 37 0515 . 6. Date of Birth 7. Are you a registered voter? IE so, where are you .registered? ~- 3 -5 ~ j~-s _ PB ~ 8. _ What Board(s). ace you interested in serving? Please list in order o ,deference. , ~ i ~ -' ~ So rcJ ~. . - - " • ..-_.__. .. . • 1. ..~ -x= Cif h-: /- _. _~ ~~T'_- 4~- ~ ~ i _ i c~ a.---d ~ s - Ael ~, _ 9. list all City Boards on wluch yc3u. are currently seeding or have previously served: (Please in Jude dates) . 10. Educational qualifications:' 7 f ~ / ~ ~a 11. List any related rofessional ce 6eations and licenses whit ou hold: 12 Give your present, or most recent employer, and position; ' ' ~-4a~1~e ~ L - ~7e ~ o E c3.u cc~-1z'o n ~ ~ ~ / o V Q. ' o-'>Q ~ e e + 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a bttrief resume) 'e ~ ~ ~ ~ ~1 ~ ~a.c, ed 1 I hereby certify that all the above statements are true, and I agree and understand that any misstatement of mateual facts contained in this ap don may cause forfeiture upon my part of any appointment I may receive. ~ - ~ 0~ SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office Eor a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. PHYLLIS~ WIIILIN~HAM_ 7.14 SW 6 Avenue Residence:. 561.71._6.6.153 Delray Beach, FL 33444 Email: PEWillingham~a?aol.com OB,T,ECTIVE_ Counseling Coach or position extending my academic background for my Master's of Science degree. BACKGROUND ~TTMMARy Detailed-oriented, Records Management Professional with extensive experience in the Workers' Compensation industry. Diversified leader with the proven ability to access, evaluate, and make decisions pertaining to records retention and storage. Hands-on recordkeeping knowledge apd experience in developing and implementing- scanning and imaging, system in Records and Information department. Actively coached and developed staff with a proven ability to transfer job knowledge and skills to all levels. Wrote and published departmental procedure manual. Currently in the process of transitioning professional careerpath to Counseling/Psychology. EROFESSIONAL_ ~.XPERIENCE_ DIVISION of VOCATIONAL REHABILITATION, Delray Beach, FL 2005 -Present VacatianaL Rehabilitatian ~nunselar. • Counsel mentaUphysical impaired individuals to provide vocational rehabilitation services • Interview and evaluate mentaUphysical impaired applicants • Confer with medical and professional personnel to determine type and degree of impairment, eligibility for services, and feasibility of vocational rehabilitation • Accept or recommend acceptance of suitable applicant • betermine suitable job or business consistent with applicant's desires, aptitudes, and physical, mental, and emotional limitations • Plan and arrange for applicant to study or train for job • Assist applicant withpersonal adjustment throughout rehabilitationprocess • -Aid applicant in obtaining. medical and social services during training and afterplacement NCCI, Boca Raton, FL 1987 - 2004 (National Council on Compensation Insurance Holding, Inc.) Admini~trat~vellssistant II • Administrator for electronic off-site storage system • Managed and published information/news articles as requested using online news service • Provided research and anal~!sis to seven corporate lawyers • Prepared and maintained weekly departmental reports • Responsible forprogram administration of the records retention schedules K-MART CORPORATION, Delray Beach, FL 1981-1986 Layaway Clerk Leader • Supervised and evaluated apart-time staff of four • Processed Account Payable/Receivable • Processed customer orders using electronic layaway payment plan • Successfully resolved customer problems and complaints SOUT)EIERN BELL, Delray Beach, FL 1978 -1981 Long Distance Operator • Answered inbound calls and responded to inquiries • Interfaced with external customers and provided quality service • Assisted customers withplacing national and international, long distance calls PROJECT RESCUE, Delray Beach, FL 1975 -1978 Counselor Aide • Mentored and counseled at-risk youths ages 11 to 15 • Referred youths to community agencies • Modified behavioral problems in school, community, and home • Documented home- visits- EDUCATION Master of Science Degree in Counseling Psychology Courses include Foundations of Counseling Skills, Behavioral Research, Individual Human Development, General Counsel Theories and Techniques, Group Theories and Practice, Substance Abuse, Treatment Planning, Diagnosis, Appraisal, Assessment and Testing, and Psychopathology, Marriage Theory and Techniques, Counseling Internship 1. Palm Beach Atlantic University -West Palm Beach, FL Bachelor of Science in Organizational Management with a Concentration in Human Resources Palm Beach Atlantic University -West Palm Beach, FL Graduated. cwn -laude. SKILLS MS Word Accounts Payable Ami Pro MSF.xcei_ Accaunts_Beceivable. Adstar_ MS Outlook Data Entry Lotus Office a Suits MS PowerPoint Alpha/Numeric Filing- Word Perfect Internet. Finail_ Eactiva. DELRAY BEACH \~~YZ~1 ~~~~ l `~ ~ ~~ ~ ~~ a~c~ CITY OF DELRAY BEACH ~ ~~ ~ r BOARD MEMBER APPLICAT101~1~ ~ ~ ~ ~ ~~~- ,993 Zoo, aPR 1 ~ zoos Please type or pint the following information: F'# 2 ~r , a _> ~~ 'L-" €`~ 1.~ 1. Last Name: ,k ` ~ ~- Name s• C1 to 3. Residen e: City State Zip Code 4. Principal B iness Address: City State Zip Code 5. om Phone: ~`Ol" Bu1sin`e-ss Phone: ~Q\ E- ail Ad es : ~~ • Pane: ~ ~ ~~ ~` ax: 6. Are you a registered votex? If so, where are you registers at (s) o in r ted in ? lea ~ \ r er en~~~J , 8. 'st City Boards on which you are currently serving or have previously served: (Please include dates) 9. tio>~yalificati n 10. List any relate essional certifications and licenses which you hold: 11. Give your pres r most recent employer, and position: 12. ribe experiences skills knowledge which qualify you to serve on this board: (Please attach a brief xesume) S I hereby that all the above statements are true, and I agree and understand at a misstatement of material facts contained ' pplication may cause forfeiture upon my part of any appoin en roc e. SIGNATURE DATE ,~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted It will be the applicant's responsibility to ensure that a current application is on file. SK,77YCIERK~BOARDIAPPUCATION 2~ ~e(!3 ALAN J, WEITZ 6312 Via Venetia North Delray Beach, FL 33484 561-498-2282 Home 561-654-1006 Cell RESUME After a successful career in investment banking with a Wall Street firm and mortgage lending with a New York bank, I was appointed by a US district judge to become trustee of a publicly owned company which was in bankruptcy. The company owned a bank, two life insurance companies, a land development company, ~ building company and a mortgage banking company. Under my leadership as trustee, the company emerged from bankruptcy having paid all creditors in full. The SEC declared the reorganization to be the most successful in the history of bankruptcy in the United States. I ended my career as president of a savings bank and president of one of the largest mortgage banking firms in South Florida. I am a certified arbitrator for the NASD, American Arbitration Association and the Better Business Bureau. I served in the US Army as an infantry company commander with the rank of captain. I graduated from Lafayette College with a degree in economics and government. I served on several H4A boards in my former community, Broken Sound of Boca Raton. I have been a full time resident of South Florida for 14 years. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: JULY 6, 2007 SUBJECT: AGENDA ITEM # 1 • V -REGULAR MEETING OF JULY 10, 2007 APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND COMMITTEE ITEM BEFORE COMMISSION This item is before the Commission for appointment to the General Employees Retirement Fund Committee. ACKGROUND There is a vacancy on the General Employees Retirement Fund Committee due to the death of Mr. Jeffrey Keating. This creates a vacancy for a regular member to serve an indefinite term. Section 35.105 of the Code provides that the plan will be administered by the Retirement Committee appointed by the City Commission, consisting of a chairperson and four additional members. One member is the City Finance Director. Each member may, but need not, be an official or employee of the city, and each member shall be appointed by the City Commission to serve until a successor is appointed in like manner. The following individual has submitted an application and would like to be considered for appointment. Evan Turk A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed. Mr. Turk is registered to vote in Boca Raton. Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4) for one (1) regular member to serve an indefinite term. RECOMMENDATION Recommend appointment of one (1) regular member to the General Employees Retirement Fund Committee to serve an indefinite term. GENERAL EMPLOYEES RETIREMENT COMMITTEE 06/07 TERM EXPIRES REGULAR MEMBERS TELEPHONE Vacant Appt 11/27/90 Thomas E. Lynch Office: 276-5221 Appt 03/28/96 (to continue serving C/o Plastridge Insurance Agenry 820 N. Federal Highway Delray Beach, FL 33483 Appt 02/OG/Ol Stephen R. Swank Office: 278-1002 425 Palm Trail Home: 272-2954 Dekay Beach, FL 33483 Susan Ruby, Ciry Attorney Ex-Officio Office: 243-7091 Appt 10/23/90 Joseph Safford, Secretary Office: 243-7116 Appt o7/z7/93 Milena Walinski, Vice Chair Office: 243-7134 Contact: Venice Cobb 243-7056 S/City Clerk/Board 07/General Employees Retirement DEl.RAY BEACH r i o~ ~ o _ g ~ ~ CITY OF DELRAY BEACH ~~,~~~' ® BOARD MEMBER APPLICAT101~~,~ ~ "? 2~~1 cgs Zoo, ~~ ~ ~ ~~ Please type or print the following information: ~ /~ ~~ 1. Last Name: j ~l r ~ Name ~,vQn M. 2. Home Address: ~~q ~ S~.,~~I Fo~-~ $t,td City ~~c~~. ~~I-~~. State F1^ Zip Code 3. Legal Residence: II City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: X63 _ya3 -~~°~p Business Phone: ~ I - ~j"ly -~1-~ ~ E-Mail Address: eYtth~ut~t~ ~~+^+1qi Cell Phone: (,~ .co ti~ y b2-g~st~t Fax: ~~~,-~,[ - $17 6. Date of Birth 3~ ~ 5 ~ «~~. 7. Are you a registered voter? If so, where are you registered? yes (~nc.a I~~-a~. 8. What Board(s) are you interested in serving? Please list in order of preference: ~enet e~,~. ~-,~v~.P ~ o~~c.~ 1\~-~ i revy-~v~~ ~u~1d 9. List all'City Boards on which you are currently serving or have previously served: (Please include dates) 10. Educational qualifications: c V a Y\ ~ (~ a lJ l ~C NL \~{iV r \ ! 11 11. List any related professio 1 certifications an ~cense w ~ch you hold: ~.t-ies ~i ~5 rn~~1~~-- std F 1~ ~ 0~ '+ ~~ ~ ~sU~nc.~. i~l ~~ 12. Give your present, or most recent employer, and position: (%~,h(~ (1.i-i db`C, ,Y1nu;~". y P~tie,- T- ~ nClv~~,1 Ct,~ 1_ r~ ~ t~ C~eY~ t 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ lease see a~ e~ `s I hereby certify that all the above statements are true, and I -agree and understand that any misstatement of material facts contained in this ap nation may cause forfeiture upon my part of any appointment I may receive. 51+I~~ SIGNA DATE '~°8; NC~~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. Evan W T u r k 22913 Saudalfoot Boulevard, Boca Raton, FL 33428 t: 561-674-3245- f.• 866-561-5170- evanwtur~~r-tail.com OBJECTIVE: To utilize my professional background in a way that can contribute to the needs of the community. BACKGROUND: As the president of my own financial planning company, I work with individuals and businesses to devise long-term financial plans that best suit their needs. I am one of a few advisors appointed to the Broward County School Board to provide guidance to their employee's retirement benefits. EDUCATION: Nova Southeastern University, Fort Lauderdale, FL Juris Doctor Candidate, May 2008 The College of New Jersey, Ewing, NJ Bachelor of Arts and Science, May 1999 PROFESSIONAL EXPERIENCES: Pesher Financial (a financial planning company) President, 2005 to 2007 Gilman Ciocia (a financial planning company) Senior Investment Consultant, 2003 to 2004 Wachovia Securities, (formerly Prudential Securities) Financial Advisor, 1999 to 2003 PROFESSIONAL LICENSES: - Financial Planning Licenses: Series 7, 65, and 63 - Insurance Licenses: Life, Health and Variable Annuity COIV~VILJNITY INVOLVEMENT American Cancer Society Member on Board of Managers, 2003 to Present PESHER FyINAN 301 West Atlantic Avenue, Suite O-8 -Delray Beach, FL 33444 Tel: (561) 674-3245 -Fax (866) 561-5170 May 25, 2007 City of Delray Beach Attention: Karen Schell 100 NW 1St Avenue Delray Beach, Florida 33444 RE: General Employees Retirement Fund Committee Dear Ms. Schell: G I A L May this letter serve as a means to thank you for the opportunity to attend last week's committee meeting. It certainly motivated my interest in becoming a board member. To this, I wish to formally place my candidature up for consideration. Sincerely, Evan W. Turk President ~+'.i''Ii'S~' ~ ~}y: i.iC~.il`vt;i~ ~I7E~€~1?~tli't~.' J .iCi: ~!1#"t?tI_'~1 1 s1.'~_l~~t?i"}3, I?tC. ;S §zt~i.~,t'CC'c{ ~;~iii)iss,I"1~}~~j.it:T `.i ~! .,. `~ .... MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS THRU: CITY MANAGER FROM: DOUGLAS SMITH, ASSISTANT CITY MANAGER DATE: JULY 6, 2007 SUBJECT: APPOINTMENT TO PALM BEACH COUNTY HOMELESS ADVISORY BOARD ITEM BEFORE COMMISSION Consideration of the appointment of a member of the City Commission to the Palm Beach County Homeless Advisory Board. BACKGROUND On May 1, 2007 the Boazd of County Commissioners passed a resolution forming aCounty-wide Homeless Advisory Board (copy attached). The resolution established a Core Member Seat on the board for the Mayor or a City Commissioner from Delray Beach. The term of the appointment is two years with no limit on the number of terms. The City Commission discussed the potential appointment at the June 19 Commission Meeting and requested additional information. Staff contacted County staff and Langton Associates, the firm that is serving as the County's Homeless Strategic Plan Consultant, who provided additional information about the Boazd including the following: • Meetings of the Homeless Advisory Board would be once a month initially and possibly every other month or quarterly after that. • They would like our participation and would like for our concerns to be heard. • If we appoint a Commissioner, we could appoint an alternate as long as the main appointee reported back to the alternate (note: we could handle this under Commission Comments at our Commission Meetings). • We would not have the opportunity to appoint someone to the Boazd in place of the Mayor or a Commissioner. • The first meeting will be held on July 25 at 1:30 PM, probably at the Palm Beach County Governmental Center. Future meeting times are to be determined. Mayor Ellis is willing to serve on this Board and Commissioner Montague is willing to serve as the alternate. RECOMMENDATION City Commission approval of the appointment of Mayor Ellis to the Palm Beach County Homeless Advisory Board and the appointment of Commissioner Montague as the alternate to the Board. Page 1 of 2 Harden, David From: Montague, Brenda Sent: Tuesday, June 26, 2007 9:49 PM To: Rita Ellis; Harden, David; Fetzer, Fred; woodiemcduffie@bellsouth.net; 'Gary Eliopoulos'; Ruby, Susan; Rangel, Delores; Schroeder, Larry Subject: RE: Homeless Advisory Board Rita, I will serve as alternate. Brenda Montague I will take this on. Please add to the agenda. If anyone else would like to be considered or is available to be the alternate, please speak up. Not knowing when or where the meetings will be held may make this more difficult. We have been offered a seat at the table of this important issue and I feel we should at least give it a try. Without any mention of goals or mission for this advisory board it appears very vague . Doug, please check to see if there is any backup material or comments available from the County Commission when they were establishing this board. Rita From: Harden, David [mailto:Harden@ci.delray-beach.fl.us] Sent: Friday, June 22, 2007 11:51 AM To: rita@climatecontrolservices.com; Fetzer, Fred; Montague, Brenda; woodiemcduffie@bellsouth.net; Gary Eliopoulos Subject: FW: Homeless Advisory Board From: Smith, Douglas Sent: Friday, June 22, 2007 11:03 AM To: Harden, David Cc: Rangel, Delores Subject: Homeless Advisory Board I spoke with Monique Elton of Langton Associates (954-598-1368), who is working with the Homeless Advisory Board process for Palm Beach County. Some of the information I obtained from her is as follows: Meetings of the Homeless Advisory Board would be 1 time a month to start and then maybe every other month or quarterly after that • The location is not established yet . They would like our participation and would like for our concerns to be heard . If we appoint a Commissioner, she indicated that.we could appoint an alternate as long as the main appointee communicated with the alternate (I assume we would have to do this under Commission comments at one of our meetings). • We would not have the opportunity to appoint someone to the Board in place of the Mayor or a Commissioner 7/6/2007 Page 2 of 2 The Core member group on the Board will recommend appointments to 16 seats which could include people like business leaders • They are trying to set the first meeting for July 10, 11 or 12 I indicated to her that our next Commission meeting will not be until July 10 for our Commission to make a decision. She is supposed to let me know about the meeting location(s). If I can provide any additional information, please let me know. Thanks, Doug Smith Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7144 Fax: (561) 243-7199 Email: smithdCa~ci.delray-beach.fl.us Warmest Regards, Brenda B. Montague, Deputy Vice Mayor City of Delray Beach 100 N.W. 1stAvenue Delray Beach, FL 33444 montague_@ my._delraybeach_._com 7/6/2007 FROM :LANGTON ASSOCIATES FAX N0. :9045981837 Jun. 15 2007 10:09AM P2 . ~j~t Coanty Admiu~iwCrgtlon PO. Box 1989 West Palm Beach,l•7~ 33402-1989 (56.1) 355.2030 - R4X: (561) 355-2030 www.pbcgov.com ^ rulm Heart county Hoard of C.ettnty CotntttiaeiMnera Addle L. Greene, Chgirpcrson ,je[P xoorts, vtcc Chair Haren T. Marcus warren li. Newell Mary McCarty Burt Aaronson Jess R Santamarla County Mmtnietrator Robert Vaeisman A., R~r oyyornMr~ ~td'h'm.,r~lw ~rtnan B-np/rper" prrMed on rooyClKr peErer May 9, 2007 ~ ~~/ The Honorable Rita W. Ellis f~,l.X Mayor of Delray Beach City Hall . 100 NW 18t Avenue Delray Beach, Florida 33444 Dear Mayor Ellis: 0 ~ ~~ SUBJECT: PALM BEACH COUNTY HOMELESS ADVISORY BOARD ~~ On May 1, 2007, the Board of County Commissioners passed Resolution No. R-20070720 establishing a Countywide Homeless Advisory Board. A copy of the resolution is enclosed. A seat on the Advisory Board has been established for you or one of your Commissioners. On behalf of the Board of County Commissioners, I would like to extend this invitation to serve to you and request that you confirm your participation and willingness to serve in accordance with the provisions of Section 3 of the resolution. !f you choose to appoin# an individual other than yourself to fill the core member seat, we request that you identify in your response, the person who will be filling the seat. The authority and responsibilities of the Homeless Advisory Board are outlined in Sections 4 and 6 of the resolution. Generally speaking, the Advisory Board will assist in the preparation and implementation of a ten-year plan to end homelessness and provide recommendations on programs and issues related to homeleSSneSS. Within the next week, Michael Langton, President of Langton Associates or Monique Elton, Senior Public Affairs Consultant, will contact you regarding this request to serve. if you have. any questions or concerns, please do not hesitate to contact Langton Associates, Palm County's Homeless Strategic Plan Consultant, at (904) 598-1368 or Claudia Tuck, Director, Palm Beach County Human Services Division at (561) 355-4772. We are looking forward to working with you to address this important issue. Sincerely, Addis I„ Greene, Chairperson ALG: dp Enclosure cc: (without enclosure) Board of County Commissioners FROM :LANGTON ASSOCIATES FAX N0. :9045981837 Jun. 15 2007 10:09AM P3 RESOLUTION NO. R-2007-0720 A RESOLUTION OF THE BOARp OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, ESTABLISHING THE HOMELESS ADVISORY BOARD. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) recommends that recipients of Supportive Housing Program funds comply with the Stewart B. McKinney Homeless Assistance Act of 1987, as amended, and with 24 CFR Part 582 and 583; and WHEREAS, the Supportive Housing Program provides funds for the operation and maintenance of Safe Havens, transitional housing, permanent supportive housing and permanent housing; and WHEREAS, Palm Beach County through the pepartment of Community Services Division of Human Services wishes to comply with HUD recommendations regarding the Homeless Advisory Board; and WHEREAS, HUD has adopted a Continuum of Care Program that allocates HUD homeless assistance grants to organizations that participate in local homeless assistance program planning networks. Each of these networks is called a Continuum of Care; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida, desire to establish an advisory board in conjunction with the Continuum of Care to assis# the County in achieving a Ten (10) Year Plan to End Homelessness: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, as follows: SECTION 1: ESTABLISHMENT OF THE HOMELESS ADVISORY BOARD There is hereby established an advisory board to be known as the "Homeless Advisory Board," herein referred to as the "Advisory Board." FROM :LANGTON ASSOCIATES FAX NO. :9045981837 Jun. 15 2007 10:10AM P4 SECTION 2: COMPOSITION A. The Advisory Board shall be comprised of sixteen (16) "Core Member Seats" and sixteen (16) "Community and Business Member Seats" as follows: Core Member Seats (16) Palm Beach County Commissioner; Palm Beach County Sheriff or Sheriffs appointee; Palm Beach County Chief Judge or judge's appointee; Palm Beach County School Board Chairperson or Board Member; City of West Palm Beach, Mayor or Commissioner; City of Boca Raton, Mayor or Council Member; City of Delray Beach, Mayor or Commissioner; City of Boynton Beach, Mayor or Commissioner; City of Rivera Beach, Mayor or Council Member; City of Belle Glade, Mayor or Commissioner; Palm Beach County Health Department Director; United Way of Palm Beach County Executive Director; Heath Care District Chief Executive Officer; Children's Services Council Chief Executive Officer; Florida Department of Children and Families district Administrator; Emergency Shelter Grant Advisory Board Chairperson or Board Member. Community and Business Member Seats (16) Seven (7) Business Representatives; Three (3) Private Foundation Representatives; Two (2) Formerly Homeless Representatives; One (1) Faith Based Community Representative; One (1) Philanthropist; One (~) Housing Authority Representative; One (1) Hospital Executive Officer. 2 FROM :LANGTON ASSOCIATES SECTION 3: FAX N0. :9045981837 Jun. 15 2007 10:10AM P5 APPOINTMENTS TERMS VACANCIES AND COMPOSITIONS A. All members of the Advisory Board shall be residents of Palm Beach County, Florida at the time of appointment and while serving on the Advisory Board. B. The maximum number of Boards and Commissions that an individual appointed by the Board of County Commissioners may serve on at one time shall be three {3). C. Terms of office for the Advisory Board members shall be two (2) year terms- There shall be no limit on the number of terms an individual may serve. b. uCore Member Seats" shall be filled by individuals selected and appointed by the govemment entity or organization designated for the seat. Appointments shall be requested by County staff upon adoption of this resolution and generally every two (2) years thereafter in a manner that will provide for appointment or reappointment prior to the term expiration. E_ "Community and Business Member Seats" shall be ~Iled by individuals nominated by a majority vote of individuals in Core Member Seats. The nominations shall be approved by the Board of County Commissioners. F. A vacancy occurring during a term shall be filled for the unexpired term and in the manner prescribed above. The Board of County Commissioners may remove a member for cause inconsistent with the functions of the Advisory board. G. Advisory Board members shall not be prohibited from qualifying as a candidate for elected office. H. In the event that a municipality, organization or government agency designated for a Core Member Seat chooses not to participate on the Advisory Board, the Board of County Commissioners may designate a replacement entity. Such replacement does not require an amendment to this Resolution. SECTION 4: AUTHORITY The Advisory Board shall have the following authority and powers: A. Gather community input on homelessness. FROM :LANGTON ASSOCIATES FAX N0. :9045981837 Jun. 15 2007 10:10AM P6 B. Review and comment to the Board of County Commissioners on homeless legislation, C. Assist in the preparation of and oversee implementation of the Ten Year Plan to End Homelessness. D. Make funding recommendations to the Board of County Commissioners. E. Recruit private and public sector representatives to the membership of particular Advisory Board committees. Adopt rules and by-laws providing for the governance of the Advisory Board, which rules and by-laws will be adopted by a majority vote of the members of the Advisory Board. These members shall be subject to the rules and by-laws of the Advisory Board, if rules and bylaws are created, and to the overall authority of the Board of County Commissioners of Palm Beach County, Florida. SECTION 5: CODE OF ETHICS Advisory Board members shall abide by the Palm Beach County Code of Ethics as stated in County Resolution 9~4-693 as may be amended. SECTION 6: RESPQNSIBILITIES The responsibilities of the Homeless Advisory Board shall be to assist the County in reaching its Ten (10) Year Plan to End Homelessness goals. These include the following: 1. Review progress made in the County towards achieving the objectives identified in the Ten (1Q) Year Plan to End Homelessness and make recommendations to the Board of County Commissioners. The primary recommendations may include systematic changes, policy changes, and funding recommendations. 2. Foster and promote cooperation between governmental agencies, community- based non-governmental non-profit organizations and business interests in 4 FROM :LANGTON ASSOCIATES FAX N0. :9045981837 Jun. 15 2007 10:10AM P7 order to ensure the efficient and timely implementation of the (10) Year Plan to End Homelessness. 3. Provide information regarding the needs and other factors affecting the smooth implementation of the Ten (10) Year Plan to End Homelessness within Palm Beach County. 4. Determine roadblocks affecting program implementation and recommend corrective measures to the Board of County Commissioners. SECTION ~: MEETINGS A. The Advisory Board shall meet a minimum of eight (8) times a year; however, members may be required to attend additional meetings. A majority of the members appointed shall constitute a quorum for the conduct of the Advisory Board's business. In the presence of a quorum, Advisory Board business shall be conducted by a vote of a majority present and be governed by Robert's Rules of Order. The Chair shall have the authority to call emergency meetings, as is needed and appropriate, by informing members at least one week in advance. B. Reasonable public notice of all Advisory Board meetings shall be provided, and all such meetings shall be open to the public at alt times- SECTION 8: OFFICERS A. The Chair shall be a County Commissioner appointed by the Palm Beach County Board of County Commissioners. 1. Duties of the Chair; a. Call and set the agenda for Advisory Board meetings; b. Preside at Advisory Board meetings; c. Establish committees, appoint committee chairs and charge committees with specific tasks; and d. Perform other functions as the Advisory Board may assign by rule or order. S FROM :LANGTON ASSOCIATES FAX N0. :9045981837 Jun. 15 2007 10:11AM P8 2. If a vacancy occurs in the office of the Chair, the Palm Beach County Board of County Commissioners shall appoint a replacement. B. The Vice Chair shall be elected by a majority vote of the Advisory Board and shall serve for a term of one (1) year. 1. The Vice Chair shall perform the duties of the Chair in the Chair's absence, and such other duties as the Chair may assign. 2. tf a vacancy occurs in the office of the Vice Chair, the Advisory Board will elect another member to fill the unexpired term. C. The Secretary shall be elected by a majority vote of the Advisory Board and shall serve #or a term of one (1) year, 1. The Secretary shall be responsible for the record-keeping functions and will review all Minutes and correspondence of the Advisory Board. 2. If a vacancy occurs in the office of the Secretary, the Advisory Board will elect another member to fill the unexpired term. \ SECTION 9: REMOVAL FOR LACK OF ATTENpANCE Members of the Advisory Board shall be automatically removed for lack of attendance. Lack of attendance is defined as failure to attend three (3) consecutive meetings or failure to attend at least two-thirds of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall constitute lack of attendance. Members removed under this paragraph shall not continue to serve until a new appointment is made and removal shall create a vacancy. FROM :LANGTON ASSOCIATES FAX N0. :9045981837 Jun. 15 2007 10:11AM P9 SECTION 10: EFFECTIVE DATE This Resolution shall become effective upon approval by a majority vote of the Board of County Commissioners, Palm Beach County, Florida. The foregoing Resolution was offered by Commissioner ,who moved its adoption. The motion was seconded by Commissioner ,and upon being put to a vo#e, the vote was as follows: ADDIE L. GREENE, CHAIRPERSON - JEFF KOONS, VICE CHAIR - KAREN T. MARCUS, COMMISSIONER - BURT AARONSON, COMMISSIONER WARREN H. NEWELL, COMMISSIONER - MARY McCARTY, COMMISSIONER JESS R. SANTAMARIA, COMMISSIONER - The Chairperson thereupon declared the Resolution duly passed and adopted this day of , 2007. APPROVED AS TO FORM AND LEGAL SUFFICIENCY ATTEST: SHARON R. 130CK, CLERK & COMPTROLLER BY: __ __ _______ ___ Tammy K. Fields Assistant County Attorney BY: Deputy Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: JULY 6, 2007 `` SUBJECT: AGENDA ITEM # ~ . l~ -REGULAR MEETING OF JULY 10, 2007 DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE ITEM BEFORE COMMISSION The 815` Annual Conference of the Florida League of Cities will be held at the Marriott World Center in Orlando, Florida on August 16 - 8, 2007. The League encourages each member city to send as many delegates as possible to the conference, and also requests that each city designate one of its officials to cast votes at the annual business session. League by-laws require that each city select one person to serve as the city's voting delegate. BACKGROUND Last year Commissioner Fred Fetzer was selected as the voting delegate. The Mayor, a Commissioner, or the City Manager may be designated to serve in this capacity. FUNDING SOURCE None. RECOMMENDATION Recommend designation of a voting delegate to cast votes on behalf of the City of Delray Beach at the annual business session of the Florida League of Cities. ~ti~~~ FLORIDA I..EAGiIE TO: Municipal Key Official FROM: Michael Sittig, Executive Directo DATE: June 8, 2007 RECEg~`~~~ ~/r~/oy ~un~ 0 X007 ~I~'Y ~v~~~~~GEl~ F CITIES INC. SUBJECT: 81st Annual Conference -Celebrating FLC's 85th Anniversary VOTING DELEGATE AND RESOLUTION INFORMATION August 16-18, 2007 Orlando Marriott World Center As you know, the Florida League of Cities' Annual Conference will be held at the Marriott World Center in Orlando, Florida on August 16-18. This year we are celebrating the Florida League of Cities 85th Anniversary. We will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each municipality designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipalities vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2006. Registration materials have already been sent to each municipality. Call us if you need additional copies. We have attached the procedures your municipality should follow for presenting resolutions to the League membership. If you have any questions on voting delegates, please call Gail Dennard at the League at Suncom 278-5331 or (800) 616-1513, extension 256. If you have questions regarding resolutions, please call Allison Payne Suncom 278-5331 or (800) 616-1513, extension 116. Resolutions forms must be received by the League no later than July 12, 2007 and Voting delegate forms must be received by the League no later than July 27, 2007. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions President Rerfe Flowers, Council Vice Chair, St. Petersburg First Vice President Frank Ortis, Mayor, Pembroke Pines ~ Second Vice President Carmine Priore, Councilmember, Wellington Executive Director Michael Sittig • General Counsel Harry Morrison, Jr. 301 South Bronough Street, Suite 300 • P.O. Box 1757 • Tallahassee, FL 32302-1757 (850) 222-9684 •Suncom 278-5331 • Fax (850) 222-3806 • Web site: www.flcities.com Important Dates May 30, 2007 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee July 2 Appointment of Resolutions Committee Members July 12 Deadline for Submitting Resolutions to the League office August 16 League Standing Council Meetings Resolutions Committee Meeting Voting Delegates Registration August 1 S Immediately Following Luncheon -Pick Up Voting Delegate Credentials Followed by Annual Business Session 81st Annual Conference Florida League of Cities, Inc. August 16-18, 2007 Jacksonville, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate maybe properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: Municipality of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 175Tallahassee, FL 32302-1757 or Fax to Gail Dennard at (850) 222-3806 Procedures for Submitting Resolutions Florida League of Cities' 81st Annual Conference Orlando Marriott World Center, Orlando, Florida August 16-18, 2007 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 12, 2007, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state le islation will be referred to the appropriate standing policy council. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy councils and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~ THROUGH: CITY MANAGER DATE: JUNE 27, 2007 SUBJECT: AGENDA ITEM # I ~ • ~ -REGULAR MEETING -JULY 10, 2007 APPROVAL OF A CITY INITIATED TEXT AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDR) SECTION 4.6.9(E)(3), IN-LIEU FEES AND SECTION 4.6.9(E)(4), PUBLIC PARKING FEE, ESTABLISHING AN EXPIRATION PERIOD AND CLARIFYING THE PAYMENT AMOUNT DUE ITEM BEFORE COMMISSION Approval of a City initiated text amendment amending Ordinance 80-06 by establishing an expiration period and clarifying the fee to be paid when in-lieu parking fee requests are submitted independently of a site plan or site plan modification pursuant to LDR Section 2.4.3(K)(1)(cc). BACKGROUND Ordinance 80-06, adopted January 2, 2007, created an application process allowing in-lieu parking fee requests to be submitted independently of a site plan modification. During consideration of a recent in- lieu request from the owner of 177 Pineapple Grove Way, a concern that property owners could potentially "bank" in-lieu spaces and lock in at the current rates was identified. To address the concern the request was conditionally approved with a two (2) year expiration period and the caveat that fees be paid at the prevailing rate as set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. The proposed Ordinance 23-07, if approved, will codify the expiration period of two (2) years and establish how to determine the fees to be paid at the time the spaces are purchased. Additional background and analysis is provided in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The Parking Management Advisory Board, Pineapple Grove Main Street Board, Downtown Development Authority, Community Redevelopment Agency, West Atlantic Redevelopment Coalition and Planning and Zoning Board, at their respective meetings, all unanimously recommended approval of the proposed ordinance RECOMMENDATION By motion, approve on first reading Ordinance No. 23-07, amending Land Development Regulations (LDR) Section 4.6.9(E)(3) - In-Lieu Fee and 4.6.9(E)(4) -Public Parking Fee, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: ^ P&Z Staff Report ^ Proposed Ordinance 23-07 ORDINANCE N0.23-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9(E), "LOCATION OF PARKING SPACES", SUBSECTION 4.6.9(E)(3), "IN-LIEU FEE", AND SUBSECTION 4.6.9(E)(4), "PUBLIC PARKING FEE" TO PROVIDE A TIME PERIOD IN WHICH A REQUEST FOR IN LIEU OR PUBLIC PARKING FEES SHALL BE VALID AND THE CHARGE FOR SUCH FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 18, 2007, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.6.9(E), "Location of Parking Spaces", Subsection 4.6.9(E)(3), "In-Lieu Fee", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (fl Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. Section 3. That Section 4.6.9(E), "Location of Parking Spaces", Subsection 4.6.9(E)(4), "Public Parking Fee", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (j Requests to allow public parking fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. ATTEST MAYOR City Clerk First Reading Second Reading PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JUNE 18, 2007 AGENDA ITEM: IV .A ITEM: AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDR) SECTIONS 4.6.9(E)(3) - IN-LIEU FEE AND 4.6.9(E)(4) - PUBLIC PARKING FEE ESTABLISHING AN EXPIRATION PERIOD AND CLARIFYING THE AMOUNT DUE FOR IN-LIEU OF PARKING OR PUBLIC PARKING FEE REQUESTS SUBMITTED INDEPENDENTLY OF A SITE PLAN OR SITE PLAN MODIFICTION. ITEM BEFORE THE BOARD The item before the Board is to forward a recommendation to the City Commission regarding a City initiated text amendment establishing an expiration period and clarifying the amount owed for in-lieu of parking or public parking fee requests submitted independently of a site plan modification or site plan, pursuant to LDR Section 2.4.3(K)(1)(cc). Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS City Commission, at its meeting of January 2, 2007, approved Ordinance 80-06 which created an application process allowing in-lieu of parking and public parking fee requests to be submitted independently of a site plan modification or site plan. This ordinance was a development friendly text amendment intended to save property owners and developers time and money by getting approval for in-lieu of parking or public parking fee spaces without requiring costly engineering, architectural and other associated plans, prior to knowing whether or not a project would be approved without adequate parking. During the review of a recent request, (177 Pineapple Grove Way), the Parking Management Advisory Board raised a concern that property owners could potentially "bank" spaces by having them approved at the current rate and not use them until the future, when the rates may have been increased. This concern was shared by all other boards that reviewed the request. The consensus of the boards was to establish an expiration date for such requests. Additionally, it was suggested that approved requests pay the prevailing rate at the time payment is required, i.e. issuance of a building permit for the associated site plan modification or site plan. The City Commission, at its meeting of May 1, 2007, approved the request from 177 Pineapple Grove Way on the condition that atwo-year expiration, from the time of approval, be imposed and if the cost of spaces were to change within that time period, the prevailing fee would apply at the time payment is required. The following verbiage will be included as subsections to the appropriate code sections: That Section 4.6.9(E), "Location of Parking Spaces", Subsection 4.6.9(E)(3), "In-Lieu Fee", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Planning & Zoning Board Staff Report, June 18, 2007 LDR Amendment -Establishing An In-Lieu Fee And Public Parking Fee Expiration Period And Rate (f) Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. That Section 4.6.9(E), "Location of Parking Spaces", Subsection 4.6.9(E)(4), "Public Parking Fee", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Reauests to allow public parking fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted. While the In-Lieu of Parking Fee Program is not specifically mentioned in the Comprehensive Plan, it is not inconsistent with the stated Goals, Objectives and Policies of the plan. REVIEW''BY OTHERS Parking Management Advisory Board (PMAB): At it's meeting of May 22, 2007, the Board unanimously recommended approval of the proposed text amendment. Pineapple Grove Main Street Board: At its meeting of June 6, 2007, the Board, while lacking a quorum, unanimously forwarded a consensus concurring with the PMAB recommendation. Downtown Development Authority (DDA): At its meeting of June 11, 2007, unanimously recommended approval of the proposed text amendment. West Atlantic Redevelopment Coalition (WARC): At its meeting of June 13, 2007, the Board unanimously recommended approval the proposed text amendment. Community Redevelopment Agency (CRA): At its meeting of June 14, 2007, the Board unanimously recommended approval of the proposed text amendment. RECOMMENDED ACTION By motion, recommend approval of the proposed ordinance establishing an expiration period and clarifying the fee to be paid for in-lieu of parking and public parking fee requests approved independently of an associated site plan modification or site plan, by adopting the findings of fact and law contained in the staff report, and finding that the proposed ordinance, and approval thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: Proposed Ordinance 2