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07-24-07 Agenda Reg
City of Delray Beach Regular Commission Meeting RULES 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, July 24, 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 PROCEDURES 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 Ciry 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: • July 10, 2007 -Regular Meeting • July 17, 2007 -Special/Workshop Meeting 6. PROCLAMATIONS: A. Florida Water Professional Week -August 6 -10, 2007 B. Arthur J. Kobacker 7. PRESENTATIONS: A. New Tax Plan -House Representative Maria Sachs B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation 8. CONSENT AGENDA: City Manager Recommends Approval. A. CHANGE ORDER NO. 1 (C.O. NO. 1)/ROSSO PAVING & DRAINAGE, INC.: Approve Change Order No. 1 (C.O. No. 1) in the amount of $38,729.50 to Rosso Paving & Drainage, Inc. for the emergency removal of a 6" water main and connection to an adjacent 12" water main, required to maintain flow for the NE 4`~ Street Improvement Project. Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal & Replacement Fund/Water Mains). B. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/ASPHALT CONSULTANTS, INC.: Approve a Contract Closeout (C. O. No. 2/Final) in the amount of a $131,407.97 decrease and final payment in the amount of $126,741.90 to Asphalt Consultants, Inc. for completion of the Country Club Acres Infrastructure Improvements Project. Funding is available from 441-5161-536-65.86 (Water/Sewer Fund/Country Club Acres). C. SERVICE AUTHORIZATION NO. 07-01/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 07-01 in the amount of $37,500.00 to Mathews Consulting, Inc. for professional engineering services related to the Lakeview Golf Course Irrigation with Reclaimed Water Project. Funding is available from 441-5181- 536-31.90 (Water/Sewer Fund/Other Professional Services). 07-242007 -2- D. PALM BEACH COUNTY MATCHING GRANT/ARTIST AGREEMENT/KNOWLES PARK SCULPTURE PROJECT: Approve and authorize a "Public Art Improves Our Community" matching grant agreement with Palm Beach County and an agreement with Artist Mr. John Clement for a proposed sculpture that will be located at Knowles Park. The Matching Grant Program is a 50% match and Palm Beach County will reimburse the City in the amount of $25,000.00. Funding is available from the Public Arts Program. E. RESOLUTION NO. 43-07/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA~ Approve and adopt Resolution No. 43-07 authorizing execution of a Landscape Maintenance Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOT) for the medians on Atlantic Avenue between Military Trail to McNab Avenue (just west of the I-95 overpass). F. AMENDMENT NO. 1/INTERLOCAL AGREEMENT/ COMMUNITY REDEVELOPMENT AGENCY fCRA)/BUS SHELTERS: Approve Amendment No. 1 to the Interlocal Agreement between the City and Community Redevelopment Agency (CRA) for reimbursement for the purchase, delivery and installation of a minimum of fifteen (15) bus shelters in the Community Redevelopment area. G. SPECIAL EVENT REQUEST/ART & ~ Approve a special event request to endorse the Art & Jazz on the Avenue scheduled for August 16, 2007 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to the west side of NE/SE 7~' Avenue, Railroad Avenue from Atlantic Avenue north to the north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 15` Avenue, NE/SE 2°d Avenue, SE 3'~ Avenue, NE/SE 4`~ Avenue, and the Tennis Center Parking lot; and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. H. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAPI GRANTS/BEXLEY TRAIL COMMUNITY AND EAGLE PARKS: Approve agreements between the City and the Florida Department of Environmental Protection for reimbursable grants from the Florida Recreation Development Assistance Program (FRDAP) in the amount of $200,000.00 for Bexley Trail Community Park and in the amount of $200,000.00 for Eagle Park for the development of both parks. I. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $34,345.50 to Brigcon Consulting Services, and in the amount of $35,474.25 to South Florida Construction. Funding is available from 118-1924-551-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation) and 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). 07-242007 -3- J. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $25,775.00 to allow the applicant to secure new financing. K. AMENDMENT/CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPERS Approve an amendment to the Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) fox FY 2005-2006 as required by the U.S. Department of Housing and Urban Development. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 9, 2007 through July 20, 2007. M. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Berg Demolition, Inc. in the amount of $21,887.00 for the demolition of the existing Fire Station No. 4. Funding is available from 334- 6112-522-62.88 (General Construction Fund/Fire Station No. 4). 2. Contract renewal with G&K Services in an estimated annual cost of $63,350.00 for the rental of uniforms for City employees via the City of Vero Beach Bid #97-41. Funding is available from various departmental budgets. 3. Purchase award to Regal Foodservice Equipment in the amount of $22,287.00 for the purchase of one (1) two compartment rectangular walk-in refrigerator for the Dekay Beach Golf Club Restaurant. Funding is available from 445- 4761-572-63.90 (Delray Beach Municipal Golf Course Fund/Other Improvements). 9. REGULAR AGENDA: A. WAVER REQUEST/BOYS FARMERS MARKET: Consider a waiver request to the Land Development Regulations (LDR) Section 4.6.5(C), "Height Restrictions", which allows a maximum height of 8 feet (10 feet proposed) for walls located in the rear yard fox the Boys Farmers Market located at 14378 Military Trial. (Quasi Judicial Hearing) B. RE ZUEST TO EXTEND VALET QUEUE/GAFFE LUNA ROSA: Consider a request from Gaffe Luna Rosa to extend the operating hours of its Valet Parking Queue to start at 10:00 a.m. on weekdays and 9:00 a.m. on weekends. 07-242007 -4- C. SPECIAL EVENT REQUEST/9`~ ANNUAL GARLIC FESTIVAL: Consider approval of a special event request for the 9`'' Annual Garlic Festival to be held on the grounds of Old School Square on February 8 -10, 2008, and to grant a temporary use permit per LDR's Section 2.4.6(F) for use of City rights-of--way (NE 15` Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to NE 15` Street, the southwest section of the Old School Square parking lot) from 6:00 a.m., February 7 through midnight February 10, 2008; use of the Old School Square Parking Garage, the City Attorney lot and the County Parking Garage for event parking, and authorize staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation and clean up and trash removal, contingent upon the conditions listed in the staff report. D. SPECIAL EVENT REQUEST/PALM BEACH COUNTY FIREFIGHTER AND PARAMEDIC CHILI COOK-OFF: Consider approval of a special event request for the 11`h Annual Palm Beach County Firefighter and Paramedic Chili Cook- Off (first time held in Delray Beach) sponsored by the Professional Firefighters Paramedics Benevolent Fund, Inc., proposed to be held on October 20, 2007 from 11:00 a.m. to 11:00 p.m., and authorize staff support for traffic control and security, EMS assistance, site clean up and trash removal, event signage; use of the Old School Square Parking Garage, City Attorney lot, County Courthouse Garage and Library Lots and Parking lots in Block 60; contingent upon sponsor providing the certificate of event liability insurance and certificate of alcohol liability insurance ten (10) days before the event, a copy of the rental agreement with Old School Square ten (10) days prior to the event; event sponsors will pay 100% of the City costs, and that the City man and collect parking fees if charged for the City lots and County lots required fox use. E. RESOLUTION NO 42-07/30' ANNUAL ROOTS CULTURAL FESTIVAL FAMILY DAY IN POMPEY PARK: Consider approval of Resolution No. 42-07 supporting and endorsing the 30`'' Annual Roots Cultural Festival. This year's events include the Academic Olympics being held on July 28, 2007 from 9:00 a.m. to 5:00 p.m. at Pompey Park, Family Fun Day on August 4, 2007 from 9:00 a.m. to 8:00 p.m. at Pompey Park, Parade on August 10, 2007 starting at 6:30 p.m., Prayer Breakfast on August 11, 2007 from 7:00 a.m. to 10:00 a.m. at Pompey Park, the Festival being held at Old School Square on August 10, 2007 from 6:45 p.m. to 11:00 p.m. and August 11, 2007, 11:00 a.m. to 11:00 p.m. and the Gospel Fest August 12, 2007 from noon until 8:00 p.m., and grant a temporary use permit per LDR Section 2.4.6(F~ for the use of City facilities, rights-of--way and parking lots, and to authorize staff support for security, traffic control, EMS assistance, barricading, banners on the event site and event signage to be posted ten (10) days prior to the event, and cleanup and trash removal, waiver of Pompey Park rental fees and Pompey Park staff overtime contingent upon sponsor providing a hold harmless agreement, certificate of event liability insurance, and certificate of alcohol liability insurance. F. PROTEST TO DEBRIS CONTRACT AWARDS/BAMACO, INC.: Consider a request to allow Bamaco, Inc. the opportunity to present their objection to the selection awards and provide direction regarding whether to add Bamaco, Inc. back to the list of qualified contractors to receive an awarded contract. 07-242007 -5- G. CLAIM OF ROY MICHAEL MERCADO AGAINST THE CITY OF DELRAY BEA H: Consider a Settlement Offer in the Claim of Roy Michael Mercado against the City of Delray Beach. Staff recommendation is settlement. H. SETTLEMENT OFFER IN KRISTOPHER BAYNE v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $19,900.00 in Kristopher Bayne v. City of Delray Beach. Staff recommendation is acceptance. I. FEDERAL LOBBYING CONTRACTS/ALCALDE AND FAY/ARTEMIS STRATEGIES: Provide direction regarding whether to send a notice of cancellation to Alcalde and Fay and Artemis Strategies for federal lobbying services. SEACREST SOCCER COMPLEX PRECONSTRUCTION SERVICES PROPOSAL/THE WEITZ COMPANY: Consider a request to approve and authorize the preconstruction services for the Seacrest Soccer Complex (formerly 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). K. 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 0.05% of the current estimated project construction cost of $5,700,000. Funding is available from 334-4151-572-63.81 (General Construction Fund/Other Parks-Citywide). L. PROPOSED MILEAGE RATE: Consider approval of a proposed millage rate for FY 2008, and set the budget review and adoption schedule. M. DISCUSSION/VIDEO STREAMING: Discussion regarding Commission Meeting Video Streaming and public comments. N. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular members to the Education Board for two (2) year terms ending July 31, 2009. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4), Mayor Ellis (Seat #5) and Commissioner Eliopoulos (Seat #1). 07-242007 -G- O. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint four (4) regular members to the Public Art Advisory Board to serve two (2) year terms ending August 2, 2009. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), and Commissioner Montague (Seat #4). 10. 11. 12. PUBLIC HEARINGS: A. PROPOSED CAPITAL IMPROVEMENT (CIPI PROGRAM BUDGET FOR FY 2008 - 2012: Presentation on the proposed Capital Improvement (CIP) Program Budget for FY 2008 - 2012. B. RESOLUTION NO. 41-07: Approve Resolution No. 41-07 establishing a budget for the Stormwater Utility System, establishing the rates for FY 2008 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. C. ORDINANCE NO. 23-07: City initiated text amendment to the Land Development Regulations (LDR) 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. D. RESOLUTION NO 39-07/SALE AND PURCHASE AGREEMENT/CANNERY ROW, LLC: Consider approval of Resolution No. 39- 07 authorizing the City to purchase certain real property within Palm Beach County, and approve the Purchase and Sale Agreement between the City and Cannery Row LLC in the amount of $530,000.00. E. ('(IMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2007 - 2008): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD) Department of the United States for utilization of federal grant funds. 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. FIRST READINGS: A. ORDINANCE NO. 24-07: City initiated amendment to the Land Development Regulations (LDR) Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(x), "Development Standards Matrix", and Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(A), "Purpose and Intent", to add references to the Carver Estates CWerlay District and the Infill Workforce Housing Area. If passed, a public hearing will be scheduled for August 7, 2007. 07-242007 -7- B. ORDINANCE NO. 25-07: City initiated amendment to the Land Development Regulations (LDR) Section 2.4.2, "Notice Requirements", and Section 2.4.3(I~, "Fees", to provide for an increase in the Development Applications, Plan Check Fees and Building Permit Fees. If passed, a public hearing will be scheduled for August 7, 2007. C. ORDINANCE NO. 26-07: City initiated amendment to the Land Development Regulations (LDR) enacting Section Accommodation", to provide procedures accommodation from the City's Code. If for August 7, 2007. 2.4.7(G), "Requests fox Reasonable for handling and processing requests for passed, a public hearing will be scheduled D. ORDINANCE NO. 27-07: City initiated amendment to the Land Development Regulations (LDR) amending Section 4.4.13, "Central Business District (CBD)", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", to clarify the maximum allowed residential density in the West Atlantic Avenue Neighborhood. If passed, a public hearing will be scheduled for August 7, 2007. E. ORDINANCE NO. 28-07: City initiated text amendment to Chapter 71, "Parking Regulations" of the Code of Ordinances, by amending Section 71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", regarding the increase of Parking Meter Fees, east of the Intracoastal Waterway from $0.75 to $1.00 per hour. If passed, a public hearing will be scheduled for August 7, 2007. 1. EXTEND PARKING METER TIMES: Consider approval of extending parking meter times to 8:00 p.m. on Ocean Boulevard and requiring payment at metered spaces located in Orange Grove, Ingraham Avenue, Gleason, Atlantic Dunes Park, Anchor Park and Sandoway Park parking lots at all times the lost are open. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JULY 20, 2007 o7-2a-2oo7 -8- JULY 10, 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 6:02 p.m., Tuesday, July 10, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Commissioner Brenda Montague Mayor Rita Ellis Absent - None 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 Reverend Nancy McCarthy with St. Paul Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated there is revised funding information for Item 8.E., Motorola Service Agreement and a revised Item S.K., Grant Award/Edward Byrne Memorial Justice Assistance Grant (JAG) for Fiscal Year 2007. Mrs. Montague moved to approve the Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. McDuffie moved to approve the Minutes of the Regular Meeting of June 19, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 07/ 10/07 6. PROCLAMATIONS: 6.A. NONE 7. PRESENTATIONS: 7.A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval. 8.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 14th Street Traffic Calming Projects. Funding is available from 334-6130-541-63.89 (General Construction Fund/Neighborhood Enhancement). S.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. 8.C. REJECTION 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. 8.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 City shall indemnify FDOT in amounts not to exceed those set forth in Florida Statute 768.28. The caption of Resolution No. 40-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE -2- 7/ 10/07 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 office.) (The official copy of Resolution No. 40-07 is on file at the City Clerk's 8.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). B.F. CONSULTING AGREEMENTBRIDGES. 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. 8.G. AMENDMENT NO. 3/CLINICAL SERVICE UNIT AGREEMENT/DR. RANDALL L. WOLFF: Approve Amendment No. 3 to the Clinical Service Unit Agreement between the City and Dr. Randall L. Wolff for the renewal of the same for an additional three (3) years. 8.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. 8_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 Stn Avenue Special Assessment District. The caption of Resolution No. 38-07 reads as follows: 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 -3- 7/10/07 PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. office.) (The official copy of Resolution No. 38-07 is on file at the City Clerk's 8_J. RECREATION ASSISTANCE GRANT/PAYMENT/DELRAY BEACH FILM FESTIVAL: Approve a grant agreement between the City 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. 8.K. GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR FY 2007: Approve and accept the Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $60,576.00 which will provide funding for the Police Department's Holiday Task Force Overtime. 8.L. AGREEMENT/HAYWOOD CONSTRUCTION/AMERICAN LEGION HALL/CARING KITCHEN RE-ROOFING PROJECT: 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 City, American Legion Hall and Haywood Construction (lowest responsive bidder) in the amount of $18,250.00 for the re-roofing project at 196 NW 8th 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). 8.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 City 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). 8.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. 8.0. 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. -4- 7/10/07 8.P. AWARD OF BIDS AND CONTRACTS: 1. 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). 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 Sheriff's 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). Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REQUEST/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(H)(3)(a), "New Multiple Family, -5- 7/10/07 Commercial, and Industrial Development", which requires a 5-foot perimeter landscape strip along the alley for St. Geor~e Suites, located on the east side of Pineapple Grove Way and 410 feet south of NE 4t Street (321 Pineapple Grove Way). (Quasi-Judicial Hearing) Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-077 into the file. Mr. Dorling stated this item is regarding three waivers: (1) LDR Section 4.6.8(B)(3)(c), which allows an illumination of up to 4 foot candles within the parking area; 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 LDR Section 4.6.16(H)(3)(a). The staff report goes into the support of each of the three waivers. Mr. Dorling stated the average foot candles for the building (parking garage) is four foot candles and there are some sections that are proposed at eight foot candles and are all screened from view under the building. Therefore, staff does not see any issue with granting the waiver. With regard to the site visibility triangles, one relates to the site visibility triangle off N.E. 2"d Avenue (one-way situation into the facility) so there is no issue with the site visibility along N.E. 2"d Avenue. Mr. Dorling stated along the alley there is reduction requested from 20 feet to 10 feet and given the low traffic volumes and the small parking lot staff does not see any issues with this waiver request. He stated the last is a 5 foot perimeter landscape strip which is required along the alley. Mr. Dorling stated each of these waivers was recommended for approval when it came before the Site Plan Review and Appearance Board (SPRAB). Staff recommends approval of all three waivers. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue, Delray Beach, (representing the applicant), agrees with the Planning and Zoning staff report. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). -6- 7/10/07 Mrs. Montague moved to adopt the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.B. REQUEST FOR WAIVER/NEW URBAN COMMUNITIES: Consider a request for waiver of Land Development Regulations (LDR), Section 4.6.7(J)(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 1St Avenue and SW 2na Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated this item is consideration of a waiver to LDR Section 4.6.7(J)(2) 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 S.W. 1St Street and 2na Avenues. Mrs. Butler stated CODA is a mixed-use development under construction one block south of West Atlantic Avenue and the agent is requesting to erect a temporary free-standing sign at the corners of West Atlantic Avenue and S.W. 1St Street and S.W. 2"a Avenue. She stated LDR Section 4.6.7(J)(2) states that signs placed on property other than the location that is advertised, is considered an off-premise sign and therefore prohibited. However, Mr. Hernandez had stated his hardship that the CODA project is the first new development in the S.W. neighborhood, approved under the workforce ordinance and they are struggling to generate awareness since the construction activity to the Courthouse expansion is a deterrent to traffic in the immediate vicinity. LDR Section 2.4.7(B)(5) 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: (1) the granting of a waiver shall not adversely affect the neighboring area, (2) shall not significantly diminish the provision of public facilities, (3) shall not create an unsafe situation, and (4) 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. Staff recommends approval of this waiver request fora 90-day period because they do believe that the owner has put forth a hardship that has been documented. Tim Hernandez, New Urban Communities (Applicant), 398 N.E. Ern Avenue, Delray Beach, stated the market is slow and they have been blocked by the Courthouse. He asked the Commission to consider approving the waiver request until the end of December versus a 90-day period. -7- 7/10/07 Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. No one from the public came forward to speak in favor or in opposition of the request. Mrs. Butler stated staff has no objection to Mr. Hernandez's request to extend it until the end of the year. Brief discussion followed between Mrs. Montague and Mr. Hernandez. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order allowing the sign until December 31, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.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. The City Manager stated several months ago Representative Richard Machek approached the City of Delray Beach about amending the lease agreement with Pioneer Boys Association for the Boy Scout Hut. He stated the Boy Scout Hut used to be located where City Hall is now. The City Manager stated when City Hall was built the City built the Boy Scout Hut and used that money to build it in its present location with some other money they raised in the community. The City Manager stated the Boy Scout Hut would continue to own the building and lease the land underneath it. It was the consensus of the Commission to have the lease agreement redrafted to incorporate the changes recommended by the City Manager that the ground being leased would be described as the ground that is actually under the building and the insurance paragraph would be changed to only require what the National organization requires for all their participants. The City Manager stated this will be brought back to the Commission to approve the revised lease document. 9.D. SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY: Consider approval of a special event request to endorse the 2° 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 Soh Avenue from Martin Luther King Blvd to NW lst Street, and authorize staff support for security, clean up, barricading, set up/use of the new large mobile stage with event signage no earlier -8- 7/10/07 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. Robert A. Barcinski, Assistant City Manager, stated this request is before the Commission to consider endorsing 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's Section 2.4.6(F) for the closure of N.W. 5th Avenue from Martin Luther King Boulevard to N.W. lst Street and provide staff support for security, clean up, barricading, stage use and signage. The estimated overtime cost is $1,520.00, the stage rental is $1,597.50 and the signage costs are estimated at $250.00. Per event policies and procedures, this is a second year event and there will be no charges for the overtime. However, the City's administrative policy requires payment of the rental of the new stage and noted they had requested a waiver. Mr. Barcinski stated staff recommends that it would be the decision of the City Commission whether or not to waive this. Staff recommends approval of the event, the temporary use permit for the closure of N.W. 5th Avenue, staff support for security, clean up, 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. Mr. Barcinski stated with regard to Haitian Flag Day the City rented a stage and paid for that because it was less expensive than the staff time. He stated staff may have to go with the small stage because they may not be able to get the large stage. Mr. Fetzer asked when the Commission and staff will discuss the special events. In response, Mr. Barcinski stated he will be bringing some ideas to the Commission at the Workshop meeting next week. Mayor Ellis stated the new stage is really great. Mr. McDuffie moved to approve subject to staff's recommendations, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.E. BUDGET PRESENTATION FOR FY 2008: Presentation regarding the FY 2008 Budget. The City Manager stated the City Commission has been given the operating budget document for fiscal year 2008. The budget presents a budget plan for fiscal year 2008 and the budget plan presents a financial plan to guide the City through that fiscal year. He stated this year he required all departments to prepare an 85% budget and he met with the departments to rank the budgets and the Commission has been given a copy of the ranking list. The City Manager stated the operating budget is based on the legislation adopted by the State Legislature in June with the roll back of 9% below the roll back rate. The proposed millage at that rate would be 6.5783 or $6.57 per thousand -9- 7/10/07 dollars of evaluation. The City Manager stated staff is proposing that we have a Special Public Hearing on the Capital Budget on July 24, 2007 with all of the Capital Budget items and help determine relative priorities of those and what funding sources should be used for those capital items. This year there was a 3.6% increase in the City's assessed values and he noted that the local economy has slowed dramatically. He stated this reduction was the result of the legislature passing House Bill lb that required City's and County's to cut their taxes based on a formula tied to their past taxing performance for the past five years. Those jurisdictions that have increased the most on a per capita basis were required to reduce taxes the most. Legislation also placed a cap on future property taxes by tying in changes in the tax rate to personal income growth and made provisions that allow local governments to override the cap by super majority or unanimous vote depending on the extent to which you might choose to override. In January 2008, residents will be asked to vote on a constitutional amendment to replace "Save Our Homes" with a "Super Exemption". Brief discussion regarding the budget continued between the Commission and the City Manager. The City Manager stated there are currently things the City does not charge for that that the City could charge for and fees that staff could increase. Staff will be looking at all of those options over the next month. The City Manager stated by the end of the month the City will need to decide what kind of millage to tell the property appraiser to put on his notice to the taxpayers. The City Manager stated that the Commission could meet again on Tuesday, July 31, 2007 to make that final decision if need be. The City Manager stated the City's practice has been to have budget work sessions primarily in August and noted he and the Finance Director are available to go over any budgets in detail. Mrs. Montague inquired about $1.3 million in salary freezes and asked if this includes the overall freeze or is this excluding the classifications in that figure. The City Manager stated this amount is assuming there is a total freeze without increasing anything. He stated he would not recommend this because he feels there are some classifications that need to be increased in order for the City to continue to be able to attract quality people and this would decrease the $1.3 million figure. Mrs. Montague inquired about the increase to the landlord permits and business taxes and how soon this would be implemented. The City Manager stated the business taxes require an ordinance and noted that the increases could take effect October 1, 2007 (fiscal year 2007/2008). The City Manager stated the City is allowed to increase business taxes every other year by 5% and the last time this was increased was two years ago. Mr. Fetzer stated by July 31St the Commission has to set a preliminary millage rate and once that is set they cannot go back before the end of September and set a higher rate but can only go lower. The City Manager stated once the preliminary rate is set it can be lowered; however, it is very difficult to increase it. Mr. Fetzer commented -10- 7/ 10/07 that to go above the 6.58 mills the City would not be meeting the state mandate of a 9% reduction. The City Manager stated the Commission would be overriding this which they are allowed to do. With regard to the garage parking, the City Manager suggested to not charge during the business day; however, starting at 5:00 p.m. there would be a charge for using the garage. If this does not bring the City the revenue to break even then something different would need to be done. The Parking Management Board has endorsed increasing the meter charge from .75 an hour to $1.00 an hour. Mrs. Montague inquired about the cost of the shuttle service. The City Manager stated the City is splitting the cost 50/50 and the revenue budget was showing the revenue for the Community Redevelopment Agency's (CRA) half but because the shuttle is beyond the cut off point staff had to take the expense out and the revenue out. The City Manager stated if the City is able to fund its share of it, he is certain the CRA will continue their share as well. Mr. Eliopoulos suggested introducing some advertising to offset some of the City's costs on the shuttle and perhaps look into the design and have it be more like an old fashioned trolley car. The City Manager stated right now there is reluctance to promote the free shuttle because it might not survive the budget cuts. Staff would like to work with tri-rail and other people to get it used. Mr. Aronson stated the shuttle service is costing approximately $350,000.00. Mr. McDuffie asked if staff has entertained the possibility of offering early retirement packages rather than eliminating existing positions. The City Manager stated the City has repeatedly tried to emphasize to the employees that the City intends to do everything possible to avoid actually laying anyone off. This is why the City has restricted hiring at this point so that vacant positions can be held open that people maybe moved to. The City Manager stated there is a list of everyone who is eligible to retire and the early retirement window in the Fire Department is currently open and noted he will not open the window for Police because of the number of vacancies they have. He stated the General Employees do not have as great an incentive as Police and Fire do to retire. Therefore, the City Manager suggested that the City offer one additional year of credited service for the General Employees. He stated there would be savings in salary because you're retiring senior people and at the same time opening up some positions to avoid having to lay anyone off. Mr. Eliopoulos stated Delray Beach has been known for having a lot of events and inquired whether or not the City will be going to the stakeholders to get their input. The City Manager stated there is a lot of overtime in Public Works and Parks and Recreation for special events which is not funded in this recommended budget. The City Manager stated either another source of funds will have to be sought or the sponsors of the event are going to have to pick up a larger share of the overtime costs. -11- 7/10/07 The City Manager stated the question is how much does the Commission wish to subsidize to have the event? With regard to the salary freezes, Mr. Eliopoulos stated with things being tough financially all around there are not a lot of opportunities to go elsewhere and he would like to give some consideration to this and does not want it thrown out for the fact that the City may lose people. He stated if everyone sees that it is for a temporary basis then they maybe willing to consider this. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. 11.B.1. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, speaking as the Chairman of S.A.F.E. (Safety As Floridians Expect), asked the Commission to consider requesting the Florida Department of Transportation (FDOT) to add a sidewalk extension in the existing right-of--way on the west side of A-1-A from Thomas Street to Beach Road. Mr. Smith read into the record a brief statement regarding the sidewalk extension. Mr. Smith stated in less than two months FDOT will begin construction on A- 1-A (September 1St is the start date). Mr. Smith stated if FDOT's state gasoline tax revenues are not spent in Delray, they will be spent somewhere else in Florida. In addition, Mr. Smith stated if the sidewalk is not built for free now and the City decides that they need it later, the sidewalk will likely cost Delray Beach residents $100,000.00 or more. He urged the Commission to direct the City Manager to contact FDOT and request the sidewalk extension. 11.B.2. Matthew Grabham, 350 S.E. 7th Avenue, Delray Beach, asked whether any funds have been budgeted towards matching funds to the Florida State Bureau of Historic Preservation for re-surveying the historic districts within the city. Currently, he stated only one out of the five districts is being fully surveyed since the districts were created and they are supposed to be updated every five years. Paul Dorling, Director of Planning and Zoning, stated the Planning and Zoning Department has included the four remaining districts in the budget. Mr. Grabham stated he attended the workshop with the architects regarding the current Land Development Regulations and asked when this will come before the Boards or the City Commission. In response, Mr. Dorling stated this is being distributed next week for recommendations. At this point, the time being 7:23 p.m., the Commission moved to Item 9.F. 9.F. FIRE STATION NO. 4/DEMOLITION: Provide direction regarding demolition of the recently vacated Fire Station No. 4 building. Richard Hasko, Director of Environmental Services, stated this is a request for direction and a recommendation from staff relative to the existing fire station #4 structure. The fire fighters have now vacated the structure operating out of the temporary facility on Barwick Road. He stated at the May 8, 2007 Workshop meeting, the -12- 7/10/07 Commission reviewed this project along with other capital projects and there was discussion among the Commission whether it was feasible or whether there was some level of cost effectiveness to rehabilitate the structure rather than replace it. Staff's recommendation is that the most cost effective course long-term is to go ahead and demolish the structure and replace it. Mrs. Montague moved to approve to demolish Fire Station No. 4 building, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - No; Mr. Fetzer -Yes. Said motion passed with a 4 to 1 vote, Commissioner Eliopoulos dissenting. 9.G. SEACREST 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). Richard Hasko, Director of Environmental Services, stated at the May 8, 2007 Workshop meeting when the individual capital projects were reviewed there was discussion about the soccer complex as well as Miller Park. The consensus of the Commission at that point was that they wanted to proceed with the projects and there is still the issue of how much funding the Commission is going to approve. He stated this is for pre-construction services only and is that piece of the construction management contract that gives the constructability input and the contractors input into the design of the facility. Mr. Hasko stated if that schedule is something that the Commission does not feel strongly about in terms of the associated costs of always maintaining it that is another decision the Commission will have to make as well. Mr. Eliopoulos stated he would be okay with continuing the re-design looking at the building whether it is one-story or two-story but he would like to go to the stakeholders about this to see what they can live with right now. He stated he is not prepared to give everything this way the Commission can start looking at things before rushing too much into some of the things they will be spending money on. The City Manager stated he understands staff has cost estimates from the designers and asked if this contract will give the City some cost estimates from the construction manager. In response, Mr. Hasko stated with the pre-construction services there will be points in time (50% & 90% plans) where we will get the estimated guaranteed maximum price from the construction manager. The City Manager stated at that point if staff has the construction manager's estimates for costs of different components of the project the City will be in a better position to go to the soccer league for example and let them know the project costs too much and can they do without this or -13- 7/10/07 that. Mrs. Montague stated she would like to defer this item because she would like to review the revised addition of the capital budget before she starts making decisions on individual projects. She stated she will be able to get a much clearer direction in a week or two when she actually gets the opportunity to review the capital budget. Mr. Hasko stated particularly on the soccer complex, staff discussed at the Workshop that they had some activities that were ongoing at that point in time on these projects. He stated at whatever point in time a decision is made about this there is money invested in this at this point by the CM. Mr. McDuffie concurred with Mrs. Montague that it would be prudent to wait a week or two on this item and Item 9.H. so that everyone will have a better handle on what they want to spend and what debt service is available. The City Manager asked if staff waits until July 24th, will it have any appreciable effect on their schedule. Mr. Hasko stated it will not really effect the schedule. Mr. Eliopoulos moved to postpone Item 9.G. and Item 9.H. to the City Commission meeting of July 24, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.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). 9_I. 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). Mrs. Montague moved to appoint Sylvia Morns as a regular member to the Delray Beach Housing Authority for an unexpired term ending July 14, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote. -14- 7/10/07 9_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). Mrs. Montague moved to appoint Evan Turk to the General Employees Retirement Fund Committee, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.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. Mr. McDuffie moved to appoint Mayor Ellis to the Palm Beach County Homeless Advisory Board with Commissioner Montague as the alternate to the Board, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mayor Ellis stated the original memo received indicated that they were having a meeting prior to this Commission meeting and that was postponed as there were three slots that still have not been filled. She stated the two remaining are Boca Raton and Highland Beach and she will keep the Commission posted on what the schedule turns out to be. 9.L. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of Cities' 81St Annual Conference to be held at the Marriott World Center in Orlando, Florida on August 16 - 18, 2007. Mrs. Montague moved to appoint Commissioner Fetzer as voting delegate to the Florida League of Cities' 81St Annual Conference to be held at the Marriott World Center in Orlando, Florida on August 16-18, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10. PUBLIC HEARINGS: 10.A. NONE At this point, the time being 7:43 p.m., the Commission moved to Item 12, First Readings. -15- 7/10/07 12. FIRST READINGS: 12.A. ORDINANCE NO. 23-07: City initiated text amendment to the Land Development Regulations (LDR) 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. The caption of Ordinance No. 23-07 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 4.6.9(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. (The official copy of Ordinance No. 23-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Scott Aronson, Parking Management Specialist, stated Ordinance No. 23- 07 amends Ordinance #80-06 which was adopted on January 2, 2007 created an application process allowing in-lieu parking fee requests to be submitted independently of a site plan modification. He stated it was a developer friendly ordinance so that people would not have to incur huge costs in plans and hiring professionals to find out whether or not they could have an in-lieu of parking fee approved and then move forward with their project. During one of the first requests for an in-lieu fee, 177 Pineapple Grove Way, there was a concern that property owners could potentially "bank" in-lieu spaces at the prevailing rate and not necessarily use them. To address the concern, the Commission approved the two (2) year expiration period with the caveat that fees be paid at the prevailing rate at the time the fees are required for the associated site plan. Staff advised the Commission that they would be seeing an ordinance that would codify those regulations and therefore Ordinance No. 23-07 is before the Commission this evening. Mr. Eliopoulos moved to approve Ordinance No. 23-07 on FIRST Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. -16- 7/10/07 At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated with regard to the League of Cities General Membership Meeting, the County has completed aPost-Disaster Redevelopment Plan and they will be asking cities to adopt it. He stated the Post-Disaster Redevelopment Plan is posted on the League of Cities website. The City Manager stated several appointments were approved those being: Maury Jacobson (South Palm Beach Mayor) was appointed to the Palm Tran Advisory Board, David Levy (Palm Beach Gardens) was appointed to the Regional Hazardous Materials Oversight Committee and the Impact Fee Review Committee appointments were Jeffrey Neftell (Town of Juno Beach Town Manager), Robert "Phil" Gottlieb (South Palm Beach) and Matty Mattioli (Royal Palm Beach). 13.B. City Attorney The City Attorney stated the 4th of July was great. 13.C. City Commission 13.C.1. Mr. McDuffie Mr. McDuffie stated he attended the St. Paul AME 110th Anniversary of their Men's Club. He stated it was a great day and well attended. Mr. McDuffie stated it was especially a good day for him because it lifted his spirits because it was the day before his son was to ship out to go back to the Persian Gulf. Secondly, he stated he spoke to the Florida League of Cities today and asked if they had yet taken a position on the City of Weston Mayor's lawsuit and they have not. Mr. McDuffie suggested that the City of Delray Beach create a Request for Proposal (RFP) for State lobbying. 13.C.2. Mrs. Montague Mrs. Montague had no comments or inquiries on non-agenda items. 13.C.3. Mr. Fetzer Mr. Fetzer stated he has been following some of the events with regard to the City of Boynton Beach Community Redevelopment Agency (CRA) and stated he is proud of the editorial which commented on the success of Delray's CRA. Mr. Fetzer -17- 7/10/07 stated they credited the success of Delray's CRA to professionalism and the lack of involvement with politics. He stated he supports the job that Delray's CRA is doing and not having to resort to things like Boynton Beach is doing where the City Commission is taking over the CRA. Secondly, he stated he was targeted as a commissioner that got flooded with emails about a proposal to open part of the beach area to dogs. Mr. Fetzer asked the City Manager for an update on the two-way pairs. The City Manager stated it is his understanding that the target date for completion for the two-way pairs is September. 13.C.4. Mr. Elioaoulos Mr. Eliopoulos stated he met with the City Manager about the renovation of the north portion of the Building Department and the IT building. Mr. Eliopoulos stated he requested a list of what we could use the money for and commented that if the priority is to renovate Planning and Zoning and this is the only thing the money can be used for, then that's one thing. However, Mr. Eliopoulos stated he would feel more comfortable having a list and if the money can be used to fix another building, then he would like to encourage doing this. Secondly, he stated he met with Florida Tax Watch which is an outside organization that reviews City budgets. Mr. Eliopoulos stated this is anon-profit organization and they cannot be paid to review anything through the City or the CRA but this is something that would go through the Chamber of Commerce. He stated they will be meeting with the Chamber of Commerce to see if they would consider the Florida Tax Watch coming in to give the City of Delray Beach a proposal. Mr. Eliopoulos stated he is not on board with regard to the situation that the State of Florida is in because it is not equitable; however, he does feel something needs to be done. Mr. Eliopoulos stated staff needs to become more creative and suggested throwing out the ways things have been done for the last twenty years and come up with ways to make it better. 13.C.5. Manor Ellis Mayor Ellis stated the City needed to do better with the property taxes and needed to look more closely at what the money was being spent on. However, she commented about the memo from the Legislature which referenced the four items that the State Legislature has come up with and equated those back to the Florida Constitution and she feels what they have done is unconstitutional. Mayor Ellis stated she believes something has to be done about property taxes but she does not feel that a roll back is tax reform. She stated the City is going to do its best to reach a consensus to come up with a millage rate that citizens can live with. Secondly, she stated the fireworks were the best ever. -18- 7/10/07 There being no further business, Mayor Ellis declared the meeting adjourned at 8:06 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 July 10, 2007, which Minutes were formally approved and adopted by the City Commission on 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. -19- 7/ 10/07 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. 1. 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(6)(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 5 No 0 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 i+e.~ a,p 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 5 No 0 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(6)(5)? Yes 5 No 0 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 X 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 5 in favor and 0 opposed. ATTEST: ~o~ • Chevelle Nubin, City Cler o~ ,a~aoo7 ~f r Rita Ellis, Mayor 3 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(B)(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(B)(5) for a period not to exceed December 31, 2007? Yes 5 No 0 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 +uM 9.~3 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 X denies the waiver request to LDR Section 4.6.7(J)(2) until December 31, 2007. 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 5 in favor and 0 opposed. ~ ATTEST: Rita Ellis,~4ee-Mayor • , Qa''• Chevelle Nubin, City Clerk o »,f aOd7 2 SPECIAL/WORKSHOP JULY 17, 2007 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, July 17, 2007. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Also present were - Robert A. Barcinski, Assistant City Manager Douglas Smith, Assistant City Manager Susan Ruby, City Attorney Janet K. Whipple, Acting City Clerk Mayor Ellis called the meeting to order and announced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA MULTIPLE PRIME STORM DEBRIS CONTRACTORS: Approve the selection of three (3) prime storm debris contractors which include Bamaco, Inc., Storm Reconstruction Services, Inc., and D&J Enterprises, Inc.; and authorize staff to execute disaster debris removal contracts with these firms. Joseph Safford, Finance Director, presented this item and gave background information. He explained the current contract expires July 14, 2007. Of the three contractors selected, Mr. Safford requested to cancel Bamaco Inc. because of confirmed reports of legal problems. As a result, the next qualified bidder for the contract would be Ceres Environmental Services Inc. The three contractors recommended for approval are: Storm Reconstruction Services, D & J Enterprises and Ceres Environmental Services Inc. Commissioner Fetzer moved to approve the three (3) recommended contractors as amended, seconded by Mr. McDuffie. Upon roll call, the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Said motion passed 5-0. 2. LETTER OF INTENT TO BID/DAMS CUP FINALS: Provide direction regarding sending a letter of intent to be a host site for the Davis Cup Finals to be held on Friday November 30, 2007 through Sunday, December 2, 2007. Robert A. Barcinski, Assistant City Manager introduced this item. The City of Delray Beach would like to submit a letter of intent to bid to host the 3-day Davis Cup Finals. This event is scheduled for November 30, 2007, contingent on if the United States wins the semi-final tennis match. Mr. Barcinski explained that the Sports Commission and United States Tennis Association (USTA) is asking for considerably more money, almost three times the amount of the FED Cup 2-day event. Mr. Barcinski explained the letter of intent is due July 27, 2007. The follow-up bid must be in no later than August 10, 2007. A final decision will be made around September 10, 2007, after the semi-finals. The estimated expenditure would be approximately $400,000 for the site; $25,000 for staff each day, and possibly an additional $5,000 for miscellaneous items. Mr. Barcinski advised the letter of intent does not obligate the City. Mr. Barcinski predicted the revenue generated from this event would be comparable or less than what was generated with the FED Cup event, which was about $40,000. It was the consensus of the Commission the event would be too costly. Mr. Fetzer moved to recommend approval to submit the letter of intent to bid, seconded by Mrs. Montague. Before the vote, Mayor Ellis acknowledged Deb Bennett, a Delray Beach resident, who requested to speak about the letter of intent regarding the Davis Cup Finals. Mayor Ellis advised Mrs. Bennett that the public does not generally speak at workshops and to allow the public to speak at the workshop is at the discretion of the Commission. It was the consensus of the Commission to not allow Mrs. Bennett's comments. Upon roll call regarding submission of a letter of intent for the Davis Cup Finals, the Commission voted as follows: Mr. McDuffie - No; Mrs. Montague - No; Mayor Ellis - No; Mr. Eliopoulos - No; Mr. Fetzer - No; Said motion denied 5-0. Mayor Ellis adjourned the Special Meeting at 6:22 p.m. WORKSHOP AGENDA 1. A. Discussion of Video Streaming in City Commission Meetings. Mayor Ellis stated there is an addition to the workshop agenda that she would like to have labeled as item 1.A., which would be a discussion regarding Video Streaming as it pertains to the City Commission meeting. Duty i~, zoos Susan Ruby, City Attorney, advised it would be good to put a motion in and a second to approve the agenda as amended. Mr. Eliopoulos moved to approve the amended Agenda to include item 1.A., seconded by Mr. McDuffie. Mr. Fetzer stated he would prefer to wait until David T. Harden, City Manager, is present to discuss this item and he is voting against this motion. Mr. Eliopoulos requested to amend his motion to wait until Mr. Harden is present. Mrs. Ruby asked if there is a second to the motion; Mr. McDuffie seconded this motion. Mrs. Ruby explained that Mr. McDuffie would have to modify his second. Mrs. Ruby clarified that the substitute motion is that item 1.A. be postponed until the July 24, 2007 meeting. Upon roll call, the Commission voted as follows: Mrs. Montague - No; Mayor Ellis- No; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed 3-2. Mayor Ellis announced that this item will be postponed until the next meeting. She noted an article about the video streaming was published in the newspaper on July 17, 2007, and she had been dealing with phone calls all day. Mayor Ellis felt she had some background that she could share so that this issue could be put to rest. 1. Community Land Trust (CLT) Presentation: Joe Gray, Executive Director, Delray Beach Community Land Trust (DBCLT), presented this item. Also present were Jon Levinson, President of the DBCLT, Arthur Brown, Vice President of the DBCLT, and Lula Butler, Board Member of the DBCLT. Mr. Gray gave background information on the DBCLT program. Using a PowerPoint presentation, he explained the benefits, the point system, and the Annual Progress Report for FY 2006-2007. It was the consensus of the Commission that Mr. Gray and the DBCLT had done a wonderful job and requested that the DBCLT return with a progress report in the future. 2. Proposed changes to the Special Event Policies and Procedures/Non City Sponsored Events Robert A. Barcinski, Assistant City Manager, presented this item and proposed changes to the Special Events Policy and Procedures, especially policies concerning charges fox City services. Mr. Barcinski and the Commission discussed several options. It was the consensus of the Commission to postpone a decision until Commission has the budget workshop meetings in August 2007, in order to make a more informed decision. In the meantime, all suggestions should be sent to Mr. Barcinski. 3 Jury i~, 2007 3. Recommendations regarding the City Advisory B„ cards Douglas Smith, Assistant City Manager, presented the item to provided changes to several advisory boards, Commission liaison assignments, and other committee issues following staff review. The recommendations included removal of the Commission liaison from the Sister Cities Committee and the addition of a Commission liaison to the Delray Beach Community Land Trust (DBCLT). As far as the duties of the liaison, the liaison would attend at least some of the meetings to observe board deliberations; but would not need to attend every board meeting. The Commission liked the recommendations presented by Mr. Smith. Susan Ruby, City Attorney, suggested adding that any two Commissioners might be at the same meeting at the same time. Mr. Smith and the Commission thanked the following staff members for helping to ascertain information: Susan Ruby, City Attorney, Lula Butler, Director of Community Improvement, Paul Dorling, Director of Planning & Zoning, Larry Schroeder, Chief of Police, Chevelle D. Nubin, City Clerk and Venice Cobb, Executive Assistant/Board Liaison. It was the consensus of the Commission to have this information placed on the agenda for the next City Commission meeting on July 24, 2007. 4. Discussion of the proposed Marina Rate Increase Joe Weldon, Director of Parks and Recreation, provided a PowerPoint presentation on the proposed rate increase at the Marina. Mr. Weldon provided a comparison cost of the different marinas in the area. Robert Killing, an 18-year resident of the Delray Beach Marina, thanked Mr. Weldon and Carole Pierpont, Parks and Recreation Executive Assistant, for maintaining and improving Marina services. Mr. Killing explained that the marinas listed in the comparison handout have some amenities that the City of Dekay Beach does not offer. Some of the amenities include dedicated parking, security, janitorial services, and unresolved hurricane damage issues. Mr. Killing felts that if rates increase, the level of service must also increase. Mr. Weldon advised he would try to have information regarding the installation of meters for water and electricity to the Commission by October 1, 2007. It was the consensus of the Commission that there were no problems with the recommended rate increases for marina services. Mayor Ellis adjourned the Workshop Meeting at 8:34 p.m. Duty t7, 2007 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 Special/Workshop Meeting of the City Commission held on Tuesday, July 17, 2007 which Minutes were formally approved and adopted by the Ciry Commission on 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 amendments, additions or deletions to the Minutes as set forth above. Jay i7, aoo7 ~'. ,, WHEREAS, the Florida Water and Pollution Control Operators Association is a statewide organization dedicated to maintaining water quality in Florida; and WHEREAS, these trained, dedicated, and knowledgeable personnel design, operate and maintain water and wastewater plants; design, operate and maintain distribution systems, wastewater collection and storm water drainage systems; perform laboratory analysis; and provide customer service throughout the state of Florida; and WHEREAS, the Operators Association conducts operator training throughout the state at the thirteen (13) regional levels and acts as liaison between the Department of Environmental Protection (DEP} and operators in the field; and WHEREAS, the Association reviews and assists in supervising state certification examinations and coordinates the statewide plant operations awards program with DEP. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of August 6, 2007 -August 10, 2007 as FLORIDA WATER PROFESSIONAL WEEK in the City of Dekay Beach and urge all citizens to join in recognizing and commending our water industry employees for their dedication in maintaining drinking water quality and preserving natural resources in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this _ day of July, 2007. RITA ELLIS MAYOR (~. A WHEREAS, Philanthropist Arthur J. Kobacker was born in 1924, served in the Navy during World War II, and graduated from Yale in 1945, and; WHEREAS, upon xetuming from the war, Mr. Kobacker focused his attention on his family's growing chain of department stores in Ohio and New York, eventually specializing in selling shoes, and; WHEREAS, by the time Mr. Kobacker retired in the mid 1990's the Kobacker Company was far reaching through thirty-one (31) states, including Florida where he sold shoes under the chain called The Shoe Works, and; WHEREAS, Mr. Kobacker retired to Palrn Beach County in 1996 after selling the family business to Payless Shoes, and; WHEREAS, through his love of social causes he deemed important, Mr. Kobacker worked with the United Way to better improve the quality of life for children, and; WHEREAS, While in Ohio, Mr. Kobacker adopted an elementary school and was one of the first to make a donation to the "I Know I Can" program which promised to pay for the college education of children who earned good grades, and; WHEREAS, Mr. Kobacker took a keen interest in the City of Deryay Beach's Village Academy, helping raise funds to reduce class sizes and to pay for tutoring programs and after school care, and; WHEREAS, Mr. Kobacker was a man who wanted little recognition, but represented all that was good and believed in the best of humanity; it has been quoted that Mr. Kobacker was an idealist in an age of cynicism, and; WHEREAS, Mr. Kobacker passed away on Thursday, July 12, 2007 at the age of 83, and is survived by his wife Sara Jo, son Alfred J. Kobacker II, daughter Peggy Kobacker Shiffrin, and four (4) grandchildren. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and all of the citizens of Deryay Beach, do hereby posthumously celebrate and recognize the life of a very generous and amazing person, Arthur J. Kobacker IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 24th day of July, 2007. RITA ELLIS MAYOR ~•~ MEMORANDUM TO: Mayor and Commissioners FROM: Carolanne Kucmerowski, Construction Management Technicia>~ ~,,'+~/ THROUGH: David T. Harden, City Manager ~.~~r~ DATE: July 18, 2407 SUBJECT: CHANGE ORDER NO._1/ROSSO PAVING & DRAINAGE. INC./N.E. 4TH STREET IMPROVEMENTS PROJECT 2002-037 ITEM BEFORE THE COMMISSION This item is before the Camrnission to approve Change Order No. 1 in the amount of $38,729.50 to Rosso Paving & Drainage, Inc. for the emergency removal of a b" water main and connection to an adjacent 12" water main, required to maintain flow, for the N.E. 4'~ Street Improvements Project. BACKG~tOUND During construction of the roadway improvements on N.E. 4~' Street, it was discovered that an oId water main between the north and south bound Federal Highways consisted of old lead joint pipe. This water main; which is located in the west bound lane of N.E. 4~ Street, i.n front of Walgreens, is also too shallow. The plans did not identify the depth or age of the pipe. Due to the pipe's insufficient depth and its age, there is a great potential for leaks during construction of the proposed roadway improvements. Staff recommends taking this section of line out of service and grout-fill the segment. As a result, we will need to tap an adjacent 12" water main to maintain water flows. The contractor, Rosso Paving & Drainage, Inc., has provided a quote for the work at a cost of $38,729.50; and an appropriate time extension of fourteen (14) days to perform this additional work. The pricing is commensurate with industry pricing for the scope of work. Staff recommends completing this scope of work to avoid any claims for loss of production and additional time extensions. FUNDING SOURCE Funding is available from #442-5178-536-63.50 {Water/Sewer Renewal & Replacement Fund/ Improvements Other/Water Mains). RECOMMENDATION Staff recommends approval of Change Order No. 1 in the amount of $3 $,729.50 to Rosso Paving & Drainage, Inc. for the emergency removal of a 6" water main and connection to an adjacent 12" water main, required to maintain flow, for the N.E. 4~` Street Improvements Project. cc: Richard C. Haako. Director of Errvtronmerrtal Services Kendal Krejcarok, City Errpineer Rafael l3eNestaro, Deputy Diroctor o1 Constructbn City Clerk Agenda File: 07124AD7 File 2002-037 (E) S:tF.asMmmlPmjxtsVZ002~002-037~OFFICIAI,1Roaso Cal Agd Af®GC OT2gp7.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. ROJECT NO. 2002-03'1 DATE: PROJECT TITLE: N.E. 4a` Street Improvements Project TO CONTRACTOR: Rosso Paving & Drainage, Iac. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IIV THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Additional work required for the emergency removal of a 6" water main and connection to an adjacent 12" water main per the attached Schedule "A"; a contract extension of fourteen (14) days. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $225,837.50 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 0,0(> ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $225,837.50 COST OF CONSTRUCTION CHANGES THIS ORDER $38.729.50 ADJUSTID CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2(x,5 f~7,Q0 PER CENT INCREASE THIS CHANGE ORDER 17.14% TOTAL PER CENT INCREASE TO DATE 17.14 TOTAL CONTRACT TIME WILL BE INCREASED BY 14 DAYS 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. Rosso Paving & Drainage, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding fs available from account: 442-6178-536-63.50 DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney s:u.ao2-o3r~o~cvau~ co i oc o~zaos.ao~ By: Mayor ATTEST: By: City Clerk RUS5U PAVING 8z DRAINAGE, INC. 350 Martin Lane 't~Vest Palm Beach, FL 33413 (561)b88-0288 Fax (561)688-0118 July 18, 2007 City of Delray Beach 100 N.W. 1~` Avenue Bldg. Dept. Delray Beach, FL 33444 Attn: Mr. Rafael Ballestero Re: NE 4~' Street Improvements Project No. 2002-037 CHANGE ORDER # t Rafael, Below you will find the cost for the changes in the field: A. Patch 4~' Street east of NE 6`~ Ave S' x 10' 1. Maintenance of Traffic 2 Right land closed, S days 2 Flagmen Ahead, S days 10 Barricades S days Lump Sum $ 80.50 2. Demo Asphalt & Base Furnish and Place 12" Rock base Furnish and Place 2 ~/z" asphalt 6 slyds @ $ 135.00 = $ 810.00 B. Restore Curb Pad 7 Rock Base Sta. 13 + 75 Left 12' x 8' 1. Demo Existing Base Furnish and place 12" Rock base 11 s/yd @ $ 135.00 = $ 1,485.00 C. Asphalt Patch Sta. 13 + 75.6' x 8' 1. Saw cut and demo asphalt and base. Furnish and place 12" rock base. Furnish and place 2 s/z" asphalt. 5 s/yd @ $ 135.00 = $ 675.00 D. Asphalt Patch for Pipe Grouting Sta 13 + 63 Left 6' x b' 1. Saw cut and demo asphalt and base. Furnish and place 12" rock base. Furnish and place 21/z" asphalt. 4 s/yd @ $ 135.00 = $ 540.00 E. Wal~reen Entrance Restoration Sta. 12 + 48 1. Demo 12 LF concrete sidewalk 6" thick: $ 120.00 2. Replace 12 LF sidewalk 6" thick: $ 416.00 3. Demo 30 LF Type D curb: $ 240,00 4. Replace 30 LF Type D curb: $ 660.p0 5. Demo & replace 6' x 26' pavement saw cut and patch 6' x 6' pavement: includes demo, furnish and place 12" Rock base; 2 ~/x" asphalt. 21 s/yds: $ 2,835.00 6. Remove and replace rock base and curb pad, 8' x 14'; 13 s/yds $ 585.00 F. Asphalt Patch far Grouting Sta 1 + 12 6' x 8' 1. Saw cut and demo asphalt and base. Furnish and place 12" rock base. Furnish and place 2 yi" asphalt. 5 s/yd ~ $ i 35.00 = $ 675.00 G. Maintenance of Traffic Devices i8 davs 1 S days ~ $48.50 ED = $ $73,00 H. A~iiusi Valve Boxes 6 ea ~ $ 450.00 $ 2,700A0 1. Manhole Adiustments 3 ea ~ $ 1,400.00 $ 4,200.00 NOTE: No striping on signalization Restoration Included H_ Storm Drainage 1. Ductile Iron Pipe: 70 Lf ®$ 203.50 = $ 14,245.00 2. Grout F~cistng 4" & 6° LS = $ 2,310,00 3. Abandon 9/a Service (in place) 1 Ea ~ $ 275.00 = $ 275.00 4. Abandon 2" Service (in place) 1 Ea ®$ 330.00 = $ 330.00 5. 8" Line stop 1 Ea ®$ 6,325.00 = $ 6,325.00 6. Credit: 12 x 6 N & TS 1 Ea ~ $ 1,650.00 = ($ 1.650.00) Grand Total: $ 38,729.50 This Change Order wii! require 14 working days to complete. Depending an the time for acceptance additional time and costs will change. We are anticipating to begin work on Friday July 20"'. Respectfully, Nancy G. Rosso President Agenda Item No.: v' AGENDA REQUEST Request to be placed on: DATE: July 18, 2007 Consent Agenda X Regular Agenda WHfiN: JULY 24. 2007 Commission Meeting Special Agenda Workshop Agenda Description of Item (who, what, where, how much): This item is before the Commission to approve Change Order No. 1 in the amount of $38,729.50 to Rosso Paving 8~ Drainage, Inc. for the emergency removal of a 6" water main and connection to an adjacent 12" water main, required to maintain flow, for the N.E. 4th Street improvements Project #2002-037. Background During construction of the roadway improvements on N.E. 4th Street, it was discovered that an otd water main between the north and south bound Federal Highways consisted of old lead joint pipe. This water main; which is located in the west bound lane of N.E. 4th Street, in front of Walgreens, is also too shallow. The plans did not identify the depth or age of the pipe. Due to the pipe's insufficient depth and its age, there is a great potential for teaks during construction of the proposed roadway improvements. Staff recommends taking this section of line out of service and grout-fitl the segment. As a result, we will need to tap an adjacent 12" water main to maintain water flows. The contractor, Rosso Paving & Drainage, Inc., has provided a quote for the work at a cost of $38,729.50; and an appropriate time extension of fourteen (i4} days to perform this additional work. The pricing is commensurate with industry pricing for the scope of work. Staff recommends completing this scope of work to avoid any claims for loss of production and time extensions. Funding is available from #442-5178-536-G3.50 (Water/Sewer Renewal & Reptacement Fundl Improvements OtherM/ater Mains). ORDINANCEIRESOLUTiON REQUIRED: NO Recommendation: Staff recommends approval of Change Order No. 1 in the amount of $38,729.50 to Rosso Paving & Drainage, Inc. for the emergency removal of a 6" water main and connection to an adjacent 12" water main, required to maintain flow, for the N.E. 4th Street Improvements Protect Department Head Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable) Budget Director Review (required on alAl.it~em~s involving expenditure of funds): Funding available (~ Funding alternative NIA (if applicable) Account No. & Description: #442-5178-53fi-63.5Q (Water/Sewer Renewal 8~ Replacement Fund/Improvements ~ther/Water Mains City Manager Review: Approved for agenda. ES O Hold Until: Agenda Coordinator Review: Received: Placed an Agenda: Action: Approved/Disapproved S:1ba~{Admla~Frojentl2WR~2002-03TOPFTCtALUtosso CO 1 Age¢da Req GC 072407.da MEMORANDUM TO: Mayor and Commissioners FROM: Carolanne Kucmerowski, Construction Management Technici li~ THROUGH: David T. Harden, City Manager f~Ss.3~,~tCM DATE: July 17, 2007 SUBJECT: CONTRACT CLOSEOUT (CHANGE ORDER N0.2/FINALI/ASPHALT CONSULTANTS, INC./COUNTRY CLUB ACRES INFRASTRUCTURE IMPROVEMENTS PROJECT 2003-050 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 (-$131,407.97) and final payment in the amount of $126,741.90 to Asphalt Consultants, Inc. for completion of the Gauntry Club Acres Infrastructure Improvements Project. 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 #637771 to funding accounts 334-3162-541- 65.86 (General Construction Fund/Capital C}utlay/Country Club Acres) and #441-5161-536-65.86 (Water/Sewer Fund/Othcr Improvements/Country Club Acres). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 2lFinal) in the net deduct amount of (-$131,407.97) and final payment in the amount of $126,741.90 to Asphalt Consultants, Inc. for completion of the Country Club Acres Infrastructure Improvements Project. cc: Richard C. tiasico, Director of Environmentei Services Randal Krejcarek, City Engineer Rafael Baibstero, Deputy Director of Construction Clty Cierk Agenda File: 07/24107 File 2003-OSO {E) SiBcgAd~\p~ajae~~2003t2003.050'u083ci~MEppsk C02 F6W AQeI Mdn GC 071A07.dac CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 k~inal (Contract Addition} PROJECT NO. 2003-050 DATE: PROJECT TITLE: Country Ciub Acres Infrastructare Improvements TO CONTRACTOR: Asphalt Consultants, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN 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'. SU~yIARY QF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,377,027.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $21.800.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,398,827.00 COST OF CONSTRUCTION CHANGES THIS ORDER {-$131,407.97} ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,2b7,419.03 PER CENT DECREASE THIS CHANGE ORDER -9.54% TOTAL PER CENT DECREASE TO DATE -7.95 CERTIFIED STATEMENT: I hereby certify that the supporting cost daze i~luded 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 INTTIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk s:~yw®v~o9eoa~zoo3~xoa~-oso~ot~nn~b.u co 2 r~,t cc onao7.ea SCHEDULE"A" TO CHANGE ORDER N0.2 !FINAL (CONTRACT CLOSEOUT} ASPHALT CONSULTANTS, INC. COUNTRY CLUB ACRES INFRASTRUCTURE IMPROVEMENTS P!N 2003-0SO ITEM NO. DESCRIPTION UNIT 1 Ske MgbillzaUon L5 2 Maintenance of Traffic LS 3 As-BWIt Recard Drawl s LS 4 indemniflwt~tl LS 5 P ct IdsMlBcatton S n EA 6 Clearin and Grubbl LS 7 1-1/2` T S-3 A aft 2 Bits SY 8 i' T S-3 As It Overla SY 9 rNam«e owlaru wrt at NvFYIU t• r stn TN 10 11- Umerock Baer LBR top Ixludes rYx SY 11 12" Com Su rode SY 12 Vall Gutter LF 13 Header Curb LF 14 F Curb LF 15 Concrete Drive A ron SF 16 As halt Drive A ron SF 17 Remove 8 Re-install BrfCk D SF 18 5' Concrete Sidewalk 6' thiClc L:F t8 O n Cut Pavement Trench Re U LF 20 Plowable Flg - 100 si Df We CY 2i TreRic Hum EA 22 Pavement Mark' s - 5to CoradiUons EA 23 Ro S na a LS 24 8' DIP RJ Water Maln LF 25 8' DIP Push-On Joint Water Main LF 26 8" Gate Valve EA 27 8' x 8' Ta n Sleeve and Gate Valve EA 28 8' x 8' Ta Sleeve and Gate Valve EA 29 Fke H rant Assemb EA 30 8' Liaae Sto EA 31 8' Pi in W s EA 32 8' Piu EA 33 Fgi 8 Flush Assembl EA 34 Sam a Point EA 35 Conner! to ExisU Water Main EA 36 Remove ExisBn 8" Water Main LF 37 DIP Fittin s TONS 38 Sin le Water Service EA 39 Doubb Water Service EA 40 wxsr selvka ra>rn New Y wal ao alANer EA 41 Rebcate WalerServfce EA 42 8' SDR 35 Sancta Sewer P 0' • 6 Lf 43 8' SDR 35 Sancta Sewer Pi 6' - 8 LF 44 B' SDR 35 Bantle Sewer P' 8' - 10' LF 45 4' MH 0' - 6' EA 46 4'MH 6'-8' EA 47 4'MH 8'-10 EA 48 4' MH Outskle Dro MH 8' -10 EA 49 Cara fide F.xb NBi DWG. GS Sta. 3+77 EA 50 6' PVC Lateral - S' Service w! Clearwut EA 51 ti f'VC Lrtaraa•DOUWe Servi~ewlC a EA 52 Raise ExisH Sa taYi 8 Cover EA 5 N Surve LF 54 Swale Grath and Soddin SY 55 Stonnwater T "C" Inlet with Castkl EA 56 eexmwaler7 -c' sett ear ebtanrra EA 57' Corlcrefe Inlet A ns EA 58 Mod Wefr Structures EA 59 Ri ht-0i-wa Surve Stakeout LS 60 Mfli' Exis A hak Lincoln Road SY 61 Video Allowance LS 82 UUiI Allowance LS 63 Candace f Allowance LS 84 S R r>anaer! Abwance LS 85 Elechical Allowance LS 66 GPS E ui mentAllowance LS TOTAL ORIGINAL CONTRACT AWARt) CONTRACT AWARD EST. QTY. UNIT PRICE EXTENDED TOTAL PRICE 1 36,000.00 $30A40.00 1 S1B 310.00 $18.310.00 1 D00.00 OOO.DO 1 $16.00 Si6.oo 2 .00 1 zoa.40 1 58 806.00 58.800.66 5 680 $9.00 $50 940.00 3 500 $5.25 18 375.00 20 $120.00 $2 aoo.oo 5660 $32.00 $181120.00 5 880 $8,00 $45 280.00 100 $35.00 $3 500.00 3D $35.00 $1056.00 15 $35.00 525.00 10 773 $8.00 $61.638.00 6,205 $4.00 $24 820.00 1368 S7.D0 $9,576.00 680 27.D0 517820.00 1900 $45.60 5,500.00 156 $100.00 515600.00 4 $8.600.00 $26 400.00 4 $420.00 $1680.00 1 $, z50.oD 51 250.00 700 $45.00 $31,500.60 1 450 42.D0 580 900.00 8 St 125.00 9 000.66 1 54 200.00 $4,200.00 4 $3,000.00 $12000.00 8 $4550.00 400.00 3 $4 700.OD $14,100.00 8 $1,200.00 9 600.D0 5 $100.00 5500.OD 4 $1950.Op 860.00 4 320.00 S1 Z80.00 2 51 000.00 2000.00 33 E10.00 $330.06 2 $1,800.00 $3 fi00.D0 28 $685.00 519180.00 6 $960.00 S5 760.00 1 85.00 .00 94 5400.OD $5800.00 t 106 548.00 $53 068.00 1.675 $54.00 590 450.00 729 Ss4.oD $4s s5s,oo 7 2 900.00 $20 300.D0 4 $3 100.00 $12400.00 3 000.00 512 OOO.OD 1 $5600.00 $5 600.00 2 52.300.00 $4,600.00 s1 $1000.oo Ss1,oo4.00 21 $1 300.00 $27 300.00 t $aoo.DO $aoa.oo 3 510 2,40 $8.424.OD 4 730 ,00 537,840.00 1 $2,200.00 $2 206.00 1 $2 240.40 $z,2oo.oe 1 $500.04 5500.06 2 1000.00 2000.00 1 $4 260.00 $4.200.00 i,400 $3.60 S5 040.00 1 1,000.00 1,000.00 1 25 000.00 $25 000.00 i 510 000.00 $10 000.00 1 $20 000.00 520 000.00 1 $25 000.00 $25 006.00 1 $20 000.00 20,000.00 m $.ti3~t.0~~ CONTRACT TO DATE ACTUAL QTY. UNIT PRICE EXTENDED TOTAL PRICE 1 $30 000.00 $30 000.00 1 $16310.00 $18310.00 1 $8,000.00 $fi 000.00 1 10.OD $10.00 2 OO.DO 1 zoo.OD 1 $58 800.00 $58 800.00 5,300 39.D0 $47700.00 3 936 5.25 $20 664.00 o $12D.4a So.~ 5300 $32.DO $1sa ~o.oD 5,300 SB.DD ,400.00 123 535.OD $4,305.00 29 $35.00 $1015.00 48 $35.00 $1680.00 33498 Sfi.00 988.00 5 308 .00 $21 232.00 822 $7.00 55 754.00 o $z7.oo $e.oo 1800 $45.00 $85,500.00 18 $100.00 $1800.00 4 56 600.D0 $26,400.00 4 $420.00 $1,680.00 t 51,z5o.DO $1 zSO.oD 742 $45.00 3 390.00 i 197 $42.00 550 274.00 7 $1125.00 $7,875.00 1 ,200.00 54,2D0.06 4 53.000.00 $12000.00 B 550,00 $36,400.00 a 54 700.00 $o.aa 4 51,20D.00 $4800.00 a 100.00 $400.00 2 1 150.00 $2300.00 3 $320.00 $960.00 1 1000.00 $1.000.00 to $10.06 $toa.oo 2 1 800.00 $3 840.00 41 $685,00 $28,065.00 1 $960.OD 960.D0 0 $685.00 $0.00 D 400.00 $6.00 1 t78 $48.00 .544.00 1 768 $54.00 595 364.00 59s sa.4D $38 33s.oo 5 2 900.00 $14500.00 6 $3.100.00 $18600.00 2 54,000.OD 58 000.40 1 .800.00 $5.600.00 2 $2300.00 $4.600.00 s2 $1.oo6.eo S62.oo0.00 zD 51,3oD.ao $2s,ooo,aD 1 $400.00 $400,00 3,510 $2.40 $8 424,00 B 287 58.00 $fiS,298.06 2 $2.200.00 $4400,00 1 2 2oD.DD Sz zoo.oo 1 $500.00 500.00 2 $1,000.00 $2,000.00 1 $4,200.00 $4,240.00 1 400 $3.80 $5040.00 1 $1000.00 $10DO,D0 0.21 25,000.00 $5,204.00 0.18 $10.000.00 $1,648.00 0.17 $20,000. 53 326.63 0.03 $25000.00 $804.40 0 $20,000.00 $0.00 it,245.&19.03 SE131~t07,97) ~ I IIIII~1~ S:~EragAdminlProjec~~2003\2003-650VOAfciehScNeduk A Aspbel[ CO 2 Finaf.zLv Page 1 ITEM DESCRIPTION UNIT NO. CONTRACT AWARD EST. UNIT EXTENDED QTY. PR1CE TOTAL PRICE CONTRACT TO DATE EXTENDED ACTUAL t)ATIT QTY. •PRICE TOTAL PRICE CMAN~jE ORDER N0.1 Add9. work roqulrod due to design changes; existing sewer atub•out not in verticaUhorizontat a8gnmeM for connectbn as per plan Mobilizatlon Asphalt Crew LS MOT ~ LS _ Connect to Manhole LS Remove 8' PVG Sewer SWb LS O n Cut Pavement Re !r LS Pavement Re lacement LS ProfecUSu rt 36' RCP LS ProtecNSu rt FTA LS TOTAL CNAN<iE ORDER N0.1 1 $300.00 $300.00 1 $1 000.00 $1000.00 1 $7500.00 _ $7,500.00 1 $500.00 $500.00 1 $2,500.00 $2 500.00 1 $5,000.00 $5,000.00 1 $2 .00 $2 500.Q0 1 2500.00 $2 500.00 . £T1'80.~ U'0~0 TOTAL CONTRACT AWARD 6c PREVIOUSLX APPROYBD CHANGES 51,38ti,827.00 CHANGE ORDER N0.21 FINAL Quantlty AdJustments {above) ($131,407.97) TOTAL CHANGE ORDER N0.2 / RllVAL {$131,407.97) .,~..~~~ GRAND TOTAL CONTRACT AMOUNT i1,2fi7,419,03 ~..~~~ 1 $300.00 $300.00 1 $1000.00 $1000.00 1 $7 500.00 $7,500.00 1 $500.00 500.00 1 2.500.OD $2,500.00 1 $5 000.00 $5 000.00 1 2500.00 2500.00 1 $2500.00 $2 SDO.oO CHANGE ORDER NO. Z !FINAL 5UMMARX Original Contract Award $1,377,027.00 Pt+evlousiy Approved Changes 521,800.00 Total Award and Previously Approved Changes 51,398,827.00 FFnai Corttractto Date $1,2b7,4I9.03 CHANGE ORDER N0.21 F[NAL (3~3tAo7.a7) QUANT ADJ.+/- $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 21888.811 §O i16 fi 287 419.03 5131407.8 3.1EngA~nin\Proojec1s12W312003.45010fl'iciaRScliaduk A Asphat CO 2 Final.xls Fage 2 Agenda item No.. V AGENDA REQUEST Request to be placed on: DATE: July 17, 2007 Consent Agenda ~C _ Regular Agenda WHEN: ,JULY 24.2807 Cornmission 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 (-$131,407.97) and final payment in the amount of $126,741.90 to Asphalt Consultants, Inc. for completion of the Country Ciub Acres Infrastructure Improvements Project #2003-050. Background The change order tnciudes plus and minus quantity adjustments and liquidates the residual from contingency allowances. Ail 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 #637771 to funding accounts 334-3162-541-65.86 (General Construction Fund/Capita( Outlay/Country Club Acres} and #441-5181-536-65.86 (Water/Sewer Fund/Other Improvements/Country Club Acres) as follows: $ 79,514.97 Liquidated Residual Funds to Funding Account#334-3162-541-65.86 $ 51.893.00 Liquidated Residua! Funds to Funding Account#441-5181-538-65.86 $131,407.97 Tota! Liquidated Residual Funds ORDINANCElRESOLUTION RE©UlRED: NO Recommendation: Staff recommends approval of a Contract Closeout (Change Order No. 2/Final} in then clad amount of (-$131,407.97} and final payment in the amount of $128,741.90 to Asphalt Consultants, Inc. for completion of the Country Club Acres infrastructure Improvements Project. Department Head Sianat~~rP~ /,G~ Determination of Consistency with Comprehensive Plan: CityAttomey Review/Recommendation (if applicable} Budget Director Review (required on ail items involving expenditure of funds): Funding available N/A Funding alternatives N/A (if applicable) Account No. & Description: N/A City Manager Review: Approved for agenda: ES O Hold Unfit: Agenda Coordinator Review: Received: Placed an Agenda: Action: Approved/Disapproved S:tPajA~m~~Projea~~2003120D3~O50~At6cie11Aephsk CO 2 Pinal Agenda Ral GC 072409.dac MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS THRU: David T. Hazden, City Manager ~~5-~~-~/h THRU: Richard C. Hasko, Environmental Services Director FROM: Victor Majtenyi, Deputy Director of Public Utilities SUBJECT: AGENDA ITEM-V• C -CITY COMMISSION MEETING OF JULY 24, 2007 LA.KEVIEW GOLF COURSE RECLAIMED WATER, P/N 2007-020 SERVICE AUTHORIZATION #07-01; DESIGN OF LINED LAKE DATE: July 17, 2007 ITEM BEFORE THE ~OMMI,~SION Service Authorization #07-01 to Mathews Consulting, Inc. in the amount of $37,500.00 for professional engineering services in the design of a lined lake and associated irrigation pump station for the reclaimed irrigation system at Lakeview Golf Course. BACKGROUND On June 19~, 2007, City Commission was presented with two options relating to the delivery of reclaimed water to the irrigation system at Lakeview Golf Course; Option #1, installing an in-line booster station to maintain the irrigation system's required 120psi operating pressure, or Option #2, constructing/modifying an existing lake for receiving the reclaimed water and re-pumping it into the irrigation system. Commission approved Option # 2 since it provides reclaimed water storage capacity as well as flow control and product delivery throughout an extended period of time. Services under this authorization include civil and electrical engineering design, surveying, and permitting for the expansion and lining of the existing lake. In addition, design for replacement of the irrigation pumps is included. Specifically, Phase 1-Design includes design of the lake for the required volume of reclaimed water, new vertical turbine pumps, evaluation of electrical service requirements, and reviewing and addressing surrounding drainage issues. Phase 2-Permitting will review and address permitting requirements with appropriate agencies. Costs associated with Phase 1 and 2 are $24,672 and $2,328 respectively. In addition, sub-consultant services for surveying in the amount of $5,000, electrical design sub-consultant services for $5,000, and reimbursable expenses in the amount of $500 are included. Total cost for Service Authorization #07-01 is $37,500. Construction is proposed in next year's Water and Sewer capital budget, fiscal year 2007/2008. FUNDING SOURCE Funding is available from account #441-5181-536-31.90, Water & Sewer Fund/Other Professional Services after a budget transfer. RECOMMENDATION Staff recommends approval of Service Authorization #07-01 to Mathews Consulting, Inc. in the amount of $37,500.00 for professional, services relating to the Lakeview Golf Course Imgation with Reclaimed Water project, P/N 2007-020. Cc: File 2007-020 (E) Agenda file, 07-24-07 U:lwwdusWgendaVlgenda Ldo. 714.071A~da Memo LV Golf Crx R•clmd SAM07-01 OT 7A O1RV.doc CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-O1 FOR CONSULTING SERVICES CITY P.O. NO. CTl'Y EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO TITLE: Lakeview Golf Course Lined Pond & Irrigation Pump Station This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Aszreement for General Consulting Engineering Services - 2007 I. PROJECT DESCRIPTION The project consists of civil and electrical engineering design, surveying, and permit application services for the expansion and lining of an existing pond and for the replacement of the irrigation pump station at the City's Lakeview Golf Course. The pond and existing pump station are located in the south-central area of the course which is west of Dover Road, north of Linton Boulevard in Delray Beach. The intent is to provide adequate capacity for reclaimed water storage and irrigation use on the golf course. New vertical turbine pumps will be selected for withdrawing the reclaimed water from the pond and the piped connection will be made to the existing on-site irrigation system. The existing electrical service and controls will be evaluated for capacity and configuration. The scope of this Service Authorization is limited to providing surveying services as required for the design, preliminary and final civil and electrical engineering design, and permitting of the lake expansion and pump station improvements for the work described below: Mathews Consulting (MC) will research existing records and visit the site in order to determine existing drainage conditions, size the new pond to accept the reclaimed water volume required to irrigate the golf course plus accept stormwater runoff, coordinate selection of the new irrigation pumps to be installed within the existing intake structure, prepare civil engineering design documents for the new pond, and prepare and submit the permit application to the South Florida Water Management District for the proposed work. Surveying services will be provided as necessary for the design. Lakeview Golf Course Lined Pond 1 MATHEWS CONSULTING II. SCOPE OF SERVICES Phase 1 Design Phase MC shall provide design phase services as follows: 1. Research existing surface water management permits at the South Florida Water Management District. 2. Conduct field visit to review the existing conditions. 3. Review of the City's Drainage System Atlas maps to delineate the drainage areas served by any existing drainage system on the site and/or which dischazge to the pond. Identify the requirements to disconnect the pond from the outfall to Lake Worth Drainage District canals. 4. Size the new pond to accept the volume of reclaimed water identified in the Reclaimed Water Master Plan, prepared by Mathews Consulting, Inc., November 2003 plus the volume of surface water runoff to the pond following a 10 year-1 day storm event. The pond shall meet the requirements for storage as outlined in the Florida Administrative Code Section 62-610-414. 5. MC shall prepare construction drawings, which shall include: general notes, plan drawings and detail sheets conforming to City of Delray Beach construction standards. Technical specifications shall be included on the drawings, no separate specification manual will be prepared. 6. The pond will be converted to a reclaimed watex storage lake and will be lined with an HDPE liner in order to provide sufficient suction head for the irrigation pumps. The liner is not a requirement in order to meet permitting conditions or for wellfield protection. 7. The existing pump station and controls which withdraw from the lake, will be replaced with vertical turbine pumps sized to provide the current system pressure of 120 psi as identified by the golf course staff. The design will utilize the existing intake piping and wetwell. The design of the pump station and controls will be based on a packaged type system. 8. The electrical design will evaluate the existing FPL service from the pole mounted transformer, as to the capacity and configuration and will coordinate with the requirements of the new pump station selection. Coordination will be provided with FPL regarding any necessary upgrades. Lakeview Galf Course Lined Pand 2 MATHEWS CONSULTING 9. Four (4) copies of the drawings shall be provided to the City of Deh-ay Beach for review at the 54%, 90% and 100% stages. The 54% drawings will not include the electrical design. 10. MC shall meet with the City to discuss comments, and incorporate comments into final documents. The scope includes a maximum of two (2) meetings. 11. At the 50%, 90% and 140% stage, MC shall prepare a detailed opinion of probable construction cost. Phase 2 -Permit Annlication Phase At the outset of the Design Phase, the MC shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: City of Dekay Beach and the South Florida Water Management District {SFWMD}. A permit application is anticipated for a SFWMD Standazd General Permit due to the fact that we are proposing excavation over existing surface waters. A Lake Worth Drainage District permit and a FDEP permit are not anticipated to be required for this project. It is assumed that na other permits will be required. Other - Snrveying Services MC shall furnish the services of a professional land surveyor, registered in the State of Florida, to provide the following services: 1. Three (3} transects of the existing lake. 2. Location of the existing pump station fence. 3. Invert elevations for the existing culvert pipe outfalls 4. Topographic information for the area surrounding the lake, with additional topographic information to be obtained south and southwest of the lake where the Lake expansion is proposed. Lakeview Golf Course Lined Pond 3 MATHEWS CONSULTING ASSUMPTIONS Work described herein is based upon the assumptions listed below. if conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. City of Delray Beach shall pay all permit fees. 2. Proposal does not include determination of limits of undesirable materials such as muck. 3. Scope of work does not include geotechnical services, landscape architectural services, or irrigation distribution system design services. 4. Provision of easements on the property is not included nor anticipated. 5. Scope does not include environmental engineering or preservationf dentification of protected species of plants or animals or tree removal permitting. 6. Scope of work does not include bidding services or construction administration services. The City has indicated that some portions of the work may be bid out, specifically the lake expansion and lining, while other portions may be constructed by City staff. 7. The design and construction of the meter vault and reclaimed water line to be extended from the stub at Dover Road is not included in the scope of this work. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of reclaimed water lined pond and irrigation pump station improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, investigations, field verification of existing facilities and conditions, permitting regulations, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. Lakeview Golf Course Lined Pond 4 MA'THEWS CONSULTING A detailed description of the work to be undertaken. A budget establishing the amount of the fee to be paid in accordance with the Agreement. A tiume established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Engineerin~Services Time per Task Cumulative Time Phase 1-Design Services Survey 3 weeks 3 weeks SO% Design Plans Preparation 7 weeks 10 weeks City review & comment 2 weeks 12 weeks 90% Design Plans Preparation 4 weeks 16 weeks City review & comment 2 weeks 18 weeks 100% Design Plans Preparation 2 weeks 20 weeks Phase 2 -Permit Application 6 weeks 2b weeks * The schedule is based upon conducting a review meeting within ?calendar days after City receives the Submittal. All review comments shall be provided to Consultant within 14 calendar days after City receives the submittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted and/or obtaining comments takes longer to receive. IV. COMPENSATION The compensation far services provided shall be billed on a percent complete of a lump sum basis. Engineering Services Estimated Fees Phase 1-Design $ 24,672 Phase 2 -Permitting $ 2,328 Surveying Services (Subj $ 5,000 Electrical Design Services (Sub) $ 5,000 Qut-of-Pocket Expenses $ S00 ~l~ TOTAL PROJECT COST $ 37,SQQ Notes: ~l~0ut-of-Pocket Expenses include the following: printing/reproduction, mileage and postage. Lakeview Golf Course Lined Pond 5 MATHEWS CONSULTING This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: David Harden, City Manager MATHEWS CONSULTING, INC. Date: ~ ~~~~ Rene Ma s, P.E., silent f- itness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument acknowledged before me this y of~Z 2007 by Rene Mathews, Presid t of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is {personally known to me) or (has produced identification), Florida Driver's License and {did/did not) take an oath. Ganq Mnaron0 • #A~r Co~pian DDQ9~A0~ `'`~ . ~°"''~ ~`F«"'""r~`~ Si , ture of ` on taking acknowled ent Lakeview Golf Course Lined Pond 6 MATHEWS CONSULTING Agenda Item No. AGENDA REQUEST Request to be placed on: -X-Regular Agenda Speaal Agenda Workshop Agenda Date July 17, 2007 When: July 24, 2007 Description of item (who, what, where, how much): Service Authorization #07-01 to Mathews Consulting, Inc. in the amount of $37,500.00 for professional engineering services in the design of a lined lake and associated irrigation pump station for the reclaimed irrigation system at Lakeview Goff Course. Services under consideration include civil and electrical engineering design, surveying, and permitting for the expansion and lining of the existing lake and for replacement of the irrigation pumps. Funding is available from acxount #441-5181-536-31.90, Water & Sewer FundlOther Professional Services after a budget transfer. ORDINANCE/RESOLUTION REQUIRED: Not required. Recanmendatlon: Staff recommends approval of Service Authorization #07-01 $37,500 for professional services relating to the design Reclaimed Water project, PIN Department head signature Determination of Consistency with Comprehensive Plan: City Attorney Review/Reoommendation if applicable): Budget Director Review ( all items involving expenditure of funds): Funding available E /~ (see above) Funding alts pplicable): Account No. 8 De ion '~ ~f I ' Si l ' l Account Balance ~.~~- S. ~ CeX City Manager Rev~w: (~ n Approved for agenda: E~~VO ~Ll~- Hald Until: Agenda Coordinator Review: Received: Platted an Agenda: Action: Approved/Disapproved S:1EngAdmialProjccts12007'12007-07A10FF[CIAL1Agnda Req LV Golf Crsc Rclmd SA#07-01 07.?A.07.doc to Mathews Consulting, inc. in the amount of of Lakeview Galf Courses Irrigation with MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. THROUGH: CITY MANAGER d~'~,~~,,,.~ ~ DATE: JULY 20, 2007 T'~ SUBJECT: KNOWLES PARK SCULPTURE PROJECT/PALM BEACH COUNTY MATCHING GRANT AGREEMENT AND ARTIST AGREEMENT PROJECT # 2007-012 ITEM BEFORE COMMISSION This agenda item is for Commission approval of the "Public Art Improves Our Community" matching grant agreement with Palm Beach County and an agreement with Artist Mr. John Clement for a proposed art sculpture that will be located in Knowles Pazk. BACKGROUND The Palm Beach County Public Art Committee has awarded the City a 50% matching grant to install an abstract sculpture in Knowles Park. The proposed art sculpture is an 8" coiled and welded steel pipe that will incorporate three or four intersection loops and coiled sections and be painted with high gloss New Holland Red color. The sculpture will stand 14' tall, 12' wide and 20' in length. Attached is a drawing depicting the final art product. The Art in Public Places Board chose artist John Clement to supply the proposed art sculpture. FUNDING SOURCE The total cost is $50,000.00 and the grant will reimburse the City $25,000.00. Funding is available in the Public Arts Program fund. RECOMMENDATION Staff recommends approval of the "Public Art Improves Our Community" matching grant agreement with Palm Beach County and the agreement with Artist Mr. John Clement for the proposed art sculpture in Knowles Pazk Enc Cc City Clerk Agenda File File 2007-012 (E) U:\wwdatalagendalAgenda Info. 7.24.0712007-07-24 agenda memo kpsp agmtRV.DOC C O (6 U O J N N O O ^L I..L _~ `V VJ L ^~ I..L ^~ W Q Y GRANT AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY O,F DELRAYBEACH This Interlocal Agreement (hereinafter "Agreement") is made the day of 2007, between the City of Delray Beach, a municipality located in Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach County, a poli#ical subdivision of the State of Florida, (hereinafter "County") WITNESSETH WHEREAS, the Board of County Commissioners has established and funded a grant program to financially assist municipalities with the development of public art on municipally owned or controlled lands; and WHEREAS, Grantee has applied for a County grant to develop art on property owned or controlled by the Grantee; and WHEREAS, Grantee has been selected for award of a County grant; and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: SECTION 1 - FROJECT: Grantee shall develop public art, hereinafter referred to as the "Project," on property owned or controlled by the Grantee as specifically set forth in the Grant Application, hereinafter referred to as Exhibit "A", attached hereto and made a part hereof. Grantee shall be responsible for all Project expenses not reimbursed as eligible Project expenses by the County. Page 1 of 10 SECTION 2 -ELIGIBLE PROJECT EXPENSES: County shall reimburse only actual, verifiable expenses incurred by the Grantee for the Project. Project costs eligible for reimbursement by the County ("Eligible Project Costs") shall include: artist's design fee, consulting fees such as structural engineering or material testing, permit fees, liability insurance, materials, models, fabrication, transportation, shipping, installation, project documentation and land acquisition costs. County shall not reimburse project administration/overhead costs or costs associated with the preparation, submission, or presentation of the Grant Application. Project costs must be incurred atler the effective date of this Agreement to qualify for reimbursement. SECTION 3 -PAYMENTS TO GRANTEE: County shall reimburse Grantee in an amount not to exceed $25,000.00 for Eligible Project Costs provided Grantee completes the Project as described in Exhibit "A", as verified by the County, and Grantee has met the matching funds requirement by expending at least $25.000.00 of its own funds for Project costs. County reserves the right to withhold reimbursement if the Project is not completed as specified in Exhibit "A". To receive reimbursement, Grantee must submit to the County: A. A Payment Request Form, attached hereto and made a part hereof as Exhibit `B", which shall include a copy of each invoice paid by Grantee and proof of payment by Grantee. All invoices and receipts must clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash." B. Project Report summarizing the Project and at least one photograph (no larger than 8'/z"x 11") Page 2 of 10 SECTION 4 -PROJECT MAINTENANCE: Grantee shall provide all maintenance and repair required by Project. Grantee shall fund all costs of operation and maintenance of the Project. This section shall survive termination of this Agreement. SECTION 5 -INSURANCE: Grantee shall, at its sole expense, maintain in full force and effect at all times during the term of this Agreement, insurance coverage and limits (including endorsements) as described herein. The requirements contained herein, as well as County's review and acceptance of insurance maintained by Grantee, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Grantee under this Agreement. A. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee 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. B. In the event the Grantee maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance ofself-insurance under Section 768.28, Florida Statutes, the Grantee shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. Grantee shall provide this coverage on a primary basis. Grantee shall endorse the County as an Additional Insured with a CG 2026 Additional insured- Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read Page 3 of 10 "Palm Beach County Board of County Commissioners." Grantee shall provide the Additional Insured coverage on a primary basis. C. The Grantee shall maintain or be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes, Chapter 440. Grantee shall provide this coverage on a primary basis. D. When requested, the Grantee shall deliver to the County an affidavit or Certificate of Insurance evidencing the types and amounts of insurance required by this Agreement, self-insurance andlor sovereign immunity status. The certificate holder's address shall read: Palm Beach County, c/o Facilities Development & Operations, 3200 Belvedere Road, Building 1169, West Palm Beach, FL 33406. Grantee shall ensure and provide proof that the Artist partnering with the Grantee, to create the Project, maintains in full force and effect during the duration of the Project: 1) Commercial General Liability and Business Auto Liability insurance at limits not less than $500,000 combined single limit far bodily injury or property damage, and 2) Worker's Compensation & Employer's Liability insurance in a.ccardance with Florida Statutes, Chapter 440. SECTION 6 -INDEMNIFICATION: It is understood and agreed that Grantee is merely a recipient of County funding 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. Without waiver of limitation as provided far Page4of16 in Section 768.28, Florida Statutes, Grantee shall, to extent permitted by law, indemnify, save and hold harmless County from any claims, losses, demands or causes of action of whatsoever kind or nature arising out of or relating to any act, error or omission of Grantee or the terms and conditions contained in this Agreement. Nothing herein shall be construed as a waiver of sovereign immunity pursuant to Section 768.28, Florida Statutes. The foregoing indemnification shall survive termination of this Agreement. SECTION 7 - WARRANTY/PERSONNEL: Grantee warrants that all Project-related services shall be performed by skilled and competent personnel to the highest professional standards in the fieId., The Grantee further represents that it has, or will secure at its own expense, all necessary personnel required to complete the Project under this Agreement, and that they shall be fully qualified and, if required, authorized, permitted and/or licensed under State and local law to complete such Project. Such personnel shall not be employees of the County. SECTION 8 -EQUAL OPPORTUNITY PROVISION: The County and the Grantee agree that no person shall, on the grounds of race, color, sex, age, 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 associated with the performance of this Agreement. SECTION 9 -ACCESS AND AUDITS: Grantee shall maintain books, records, documents, and other evidence which sufficiently and properly reflect all costs of any nature expended on the Project for a period of not Iess than three Page 5 of 10 {3) years. The County shall have the right to inspect and audit said books, records, and documents during normal business hours. SECTION l0 -PUBLIC ENTITY CRIME CERTIFICATION: As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the Grantee certifies that its contractors, suppliers, subcontractors and consultants who will perforixi hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). SECTION 11-DEFAULT: The parties agree that, in the event Grantee is in default of its obligations under this Agreement, the County shall provide Grantee thirty (30) days written notice to cure the default. In the event Grantee fails to cure the default within the thirty (30) day cure period, the County shall have na further obligation to honor reimbursement requests submitted by Grantee for the Project deemed to be in default and Grantee shall return any grant funds akeady collected by Grantee for Project. SECTION I2 -EFFECTIVE TERM/TERMINATION: This Agreement shall take effect upon execution by both parties and approval by the Palm Beach County Board of County Commissioners. This Agreement shall continue in full force for a term of 18 month(s), unless otherwise terminated as provided herein. This Agreement may be terminated by either party, without cause, upon thirty (30} days written notice by the terminating party to the other party, provided that the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set forth herein. This Agreement may terminated by the County Page 6 of 10 with cause upon expiration of the thirty (30) day cure period provided in the Default section of this Agreement. SECTION 13 -NOTICES: The County's representative/grant manager during the term of this Agreement is identified as: Department of Facilities Development & operations Attn: Art in Public Places Administrator 3200 Belvedere Road, Building 1169 Vest Palm Beach, FL 33406 (561)233-0235 Fax: (562) 233-0206 The Grantee's representative/grant manager during the term of the Agreement is identified as: Name: Randal L. Krejcarek. P.E., City Engineer Telephone, Email: (5611243-7322, kreicarek anci.delraY-beach.fl.us Mailing Address: 434 South Swinton Avenue. Delray Beach FL 33444 All notices and documentation required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States mail to the County and Grantee representative/grant manager identified above, respectively. SECTION 14- ENFORCEMENT COSTS Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, however, that this clause pertains only to the parties tv this Agreement. Page 7 of ] 0 SECTION 15- COMPLIANCE WITH LAW Grantee shall abide by, and be governed by, all applicable federal, state, county and municipal laws, rules and regulations in completing the Project. Grantee agees to include this provision in all subcontracts issued as a result of this Agreement. In entering into this Agreement, 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 the activity required by the Project. Failure to comply with this Section may result in the County's refusal to honor reimbursement requests for the Project. SECTION 16- 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 a state court of competent jurisdiction 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. Grantee shall promptly reimburse the County for any funds which are misused or misspent. SECTION 17- SEVERABILTTY In the event that any section, paragraph, sentence, clause or provision hereof by 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. Page $ of 10 SECTION 18 -ENTIRETY OF AGREEMENT The County and the Grantee both agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein.. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. SECTION 19- EXCLUSIVE BENEFIT: 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 entitled to any benefits under or on account of this Agreement as athird-party beneficiary or otherwise. SECTION 20 - NO TRANSFER OF POWERS Nothing contained in this Agreement shall be construed to constitute a transfer of powers in any way whatsoever. This Agreement is solely an Agreement to provide services as authorized in Florida Statutes, Chapter 163. The governing bodies for County and Grantee shall each maintain all legislative authority with regard to their respective political subdivision. All of the privileges and immunities from liability; exemption from laws, ordinances, and rules; and pensions and relief, disability, workers compensation and other benefits which apply to the activity of officers, agents or employees of any public agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, or employees extra-territorially under the provisions of this Agreement. Page 9 of 10 SECTION 21 -FILING This Agreement shall be filed with the Clerk of the Circuit Court for Palrn Beach County. IN WITNESS WHEREOF, the Board of County Conunissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above written. ATTEST: CITY CLERK By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney ATTEST: SHARON R. BOCK CLERK & COMPTROLLER By Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By Assistant County Attorney CITY OF By: Mayor PALM BEACH COUNTY FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Addie L. Greene, Chairperson APPROVED AS TO TERMS AND CONDITIONS By Audrey Wolf, Director Dept. of Facilities Dev. & Ups. Page 10 of 10 EXHIBIT A "Public Art [mproves Our Communi#y" Matching Grant Application ADMINISTRATIVE INFORMATION Project Title: _ Knowles Park Sculpture Proiect Contact Person: _ Randal L. Kreicarek. P.E. Contact Title: City Engineer Contact Agency: Citv of Deirav Beach Artist(s) Name: John Clement Contact Mailing Address: C/O/ Firehousestudios 1196 Metropolitan Ave City: Brooklyn State: FL Zip: 11237 Contact Phone: 917-400-0877 Contact E-mail: firehousesculpture a(~.verizon.net PROJECT INFORMATION 1. Amount of Grant Request: $25,000.00 Total Project Cost: $50.000.00 Amount of Matching Funds: $25.000.00 2. Describe the specific source of the matching funds: City of Deirav Beach Capital Improvement Program Budget (1 5% of Construction cost is earmarked for Public Art 3. Funding source for long-term Project maintenance: Ci#v of Deirav Beach Capital Improvement Program Budget (1 5% of Construction cost is earmarked for Public Art) 4. Proposed Project location: Knowles Park which is location on the east side of US 1 lust north of Linton Blvd. See attached location map and photos {please enclose photos of location) Describe Project location, nearest cross streets, facility type and property use. 5. Estimated Project Start Date: Will begin upon execution of agreement with PBCo Estimated Project Completion Da#e: Nov 2007 Project Budget Provide a proposed budget indicating how grant funds will be utilized and where the matching funds will be allocated. CATEGORY OF EXPENDITURE GRANT AMOUNT MATCHING FUNDS Design (maximum 10% of Project budget} $2,500.00 $2,500.00 Fabrication $15,000.00 $15,000.00 Installation $7' 000.00 7 000.00 Other $500.00 $500.00 TOTAL REQUESTED $25,000.40 $25,000.00 TOTAL GRANT AGREEMENT {GRANT AMOUNT + MATCHING FUNDS} $50,000.00 ATTEST: Ac~~~City Clerk ~' Name (Type or Print} Name (Type or Print) Approved as to form end legal sufficiency: CITY OF gy; ~rtn.a~a /ulon~ ye. 9 /~ ice. Mayor Ellis 3y: ~,.~,Gity Attorney Proof of property Municipal ownership 1 control for proposed Project location i#e PCN # 12-43-46-21-09-002-0091 Owner: City of Delray Beach Proof of matching funds. (Must submit within 30 days of recommended grant award. Proof includes appropriation approved by municipality or by agreement for private funding/donation. if unable, the grant may be reassigned to another applicant) Will provide within 30 days of recommended grant award. Palm Beach County Public Art Improves Our Community Grant Application KNOWLES PARK SCULPTURE PROJECT Submitted by City of Delray Beach Project Description The City of Delray Beach Art in Public Places Advisory Board (Board) has identified several needs for strategically located public art throughout the City. One prominent location, which acts as a southern gateway into the City, is Knowles Park. Knowles Park is bounded by the Intracoastal Waterway on the east and Federal Highway (US 1) on the west. Knowles Park is the only park in Delray Beach that directly links a major north-south corridor, US 1, with the Intracoastal Waterway. The park is located an the east side of US 1 approximately'/z mile north of Linton Boulevard. As the southern gateVvay into Delray Beach, US 1 has an average daily volume of approximately 15,000 vehicles. Delray Beach's Comprehensive Plan identifies Knowles Park as one of two public parks abutting the Intracoastal Waterway and the only park that provides boat access to the Intracoastal Waterway. The Catl to Artis#s asked that proposals consider the location and propose "a large- scale outdoor three-dimensional sculpture, suitable for the Gateway to downtown Delray Beach". The design must include innovative, "out of the box" thinking, and uses the surrounding environment creatively. Knowles Park is primarily viewable from moving vehicles and should be designed accordingly. Night illumination is required and should be considered part of the art experience. The proposed large scale abstract sculpture`s working title is "Whirl Wave". As part of the community outreach related to this project, a naming contest will be held. The intent of the naming contest is to encourage the public experience the sculpture and then use this experience to create a title that has appeal. The proposed art is an eight inch coiled and welded steel pipe that will incorporate three or four intersecting loops and coiled sections. The art piece will stand fourteen feet tall, twelve feet wide and twenty feet in length. The proposed art will be painted high gloss New Holland Red. The Artist describes his proposed art as follows: "The sculptures I create are large- scale, painted steel €orms with open and inviting negative spaces. The interlocking coils of steel create a dynamic energy drawing viewers into the work while safely providing sections for sitting, leaning or standing. The sculptures' open, curvilinear forms and movement of line create varying perspectives of space from 360 degrees around the piece. Viewers are provided a fresh look from all approaches while cultivating a unique and ongoing dialogue with the surrounding architectural andlor pastoral landscape. As highly visible works of art situated in prominent locations, my sculptures offer multiple functions; serving as landmarks, social meeting places and locations for quiet reflection the work invigorates a location with playful color and movement. Fabricated from welded and painted 8" diameter steel pipe, the sculptures are extremely durable easily withstanding the harshest weather conditions while requiring minimal maintenance." One of the goals of art in public places is providing the opportunity to take art out of the galleries and museums and into the public realm. Knowles Park sculpture project plays an important part in .this movement of public art in public places and provides an invaluable part in cultural tradition and public service. Not only is Knowles Park one of the few public access ways to the Intracoastal Waterway, but the park also serves as a picnic area, playground and boat ramp for both fishing and recreational boats. This combination of activities provides an ideal location far the installation of public art such as a contemporary sculpture. The park accommodates a high volume of diverse citizenry on a daily bases. The proposed sculpture will add another unique and wonderful element to the park visitor's experience. Facing east, the sculpture will frame the sunrise at dawn. The implied movement of the coiled steel, bearing great similarity to a swirling or breaking wave, will directly correspond to the body of water adjacent the park, the Intracoastal Waterway, and the rich waterfront history of the City. The durable nature of the welded and brightly painted steel provides a highly visible, safe and secure structure, while acknowledging the great history and tradition of American industry. For a work of contemporary public sculpture, there could not be a more fitting site than Knowles Park, situated on a beautiful stretch of land within the dynamic, diverse and growing community of Defray Beach. Project Schedule April 27, 2007 - 5:00 p.m. May 17, 2007 July 2007 July 2007 Nov -Dec 2007 Jan 2008 Deadline -Grant Application submittals Finalists selected and notified Recommendation submitted to Board of County Commissioners for approval Contract Execution and "Notice to Proceed" Art Installation Ribbon Cutting Concept drawings of proposed Project ~. ii1„1 ~,. Q r ,t '~. `~ ;i .~ r 4 ..~ .~ J L• ~` ~~~ r~ ~~ U .~ a ...` oy~ t 7 -.~. ~:.. 1 . ~~ I~ _.~. ;-. ,~' 3 .` . ~- .~~ ~~ r~ )+ ~,~ Y. _~ i i J .~ :~ -.- ;~~ +~ c- ~~ i 4 ,, ..w .F~ .-{' r.~ L .~ ~.il 5 ~~n 2 112 M~ !~ ~' ~'1 ~, ~~ ~~ v.: `~ w L ~y ~+~ y _.~; ~ ~1 a ET G Y ~' ~" A-~ ~4y n _~ ~~ is C ~(; 5i ~3 h.v t~ 1 „~. 4~' l- V,' w 3 G 1 r' _~ ~7 d c. ~r J' .~ S~ !- ~~ Team Organiza#ionat Chart Delray Beach City Commission Art ,ri Publi~c.~ Places' Advisor3~:Board Randal. ~rej carek;' P.E. John, dement Artist Conunty . ~ ,:~: In~ol~emeiit Delray Beach City Commission: The Commission is responsible for approval of all agreements as well as approving funding fior Public Art projects. Public Art Advisory Board: The Art Board makes recommendations to City Commission regarding types and placement of public art. City Engineer: Mr. Krejcarek is responsible for overseeing the implementation of public art in the city. Implementation includes; advertising for Cal! to Artists, presenting proposed public art to the Public Art Advisory Board, obtaining City Commission approval of Public Art Advisory Board recommendations, providing technical support for agreements, obtaining required permits for installation of public art and over seeing all public art installation. Artist: Mr. Clement is the artist that will be providing the approved art work. Mr. Clement will also spearhead the community outreach activities as described in the Community Interaction section of this application. Community Involvement: Community involvement includes introducing the art piece as well as the artist to the community, a hands on sculptural workshop for kids and a community interactive 'Name the Sculpture' contest. Annotated Image List Also on CD) John Clement CIO Firehouse Studios 1196 Metropolitan Ave. Brooklyn, NY 11237 917 400 0877 www.firehousestudio.com Slide/CD-R Identification List 1. Kini :s Playground, 2005; painted steel;9'(h) x 8' x I6' Vancouver Sculpture Biennale, 2005 Notified: August 2005/Installed: September 2005 Project Manager: Sarah Creedon; 604.682.1289 Budget: $55,000. Commissioning Agency goals: Community awareness of sculpture and the arts 2. Kini's Playground, 2005; painted steel;9'(h) x 8' x 16' Vancouver Sculpture Biennale, 2005 Notified: August 2005/Installed: September 2005 Project Manager: Sarah Creedon; 604.682.1289 Budget: $55,000. Commissioning Agency goals: Community awareness of sculpture and the arts John Clement Cl4 Firehouse Studios 1196 Metropolitan Ave. Brooklyn, NY 11237 917400 0877 www.firehousestudio.com SlidelCD-R Identification Lest 3. Squeeze, 2005; painted steel; 10'~ (h) x 9' x 12' City of Palm Springs, California Notified: November 2006/Installed: January, 2007 Project Manager: Jennifer Henning; 760.778.8408 Budget: $40,000. Commissioning Agency goals: Community awareness of sculpture and the arts 4. Squeeze, 2005; painted steel; 10' (h) x 9' x 12' City of Palm Springs, California Notified: November 2006/Installed: January, 2007 Project Manager: Jennifer Henning; 760.778.8408 Budget: $40,000. Commissioning Agency goals: Community awareness of sculpture and the arts John Clement C/O Firehouse Studios 1196 Metropolitan Ave. Brooklyn, NY 11237 9I7 400 0877 www firehousestudio.com Slide/CD-R Identification List 5. Chewey, 2006; painted steel; 12' (h) x 9' x 9' City of Macon, Georgia Notified: January 2006/Installed: March, 2006 Project Manager: Lynn Cass; 478.743.6940 Budget: $40,000. Commissioning Agency goals: Community awazeness of sculpture and the arts 6. Chewey, 2006; painted steel; 12' {h) x 9' x 9' City of Macon, Georgia Notified: January 2006/Installed: March, 2006 Project Manager: Lynn Cass; 478.743.6940 Budget: $40,000. Commissioning Agency goals: Community awareness of sculpture and the arts John Clement C/4 Firehouse Studios I I96 Metropolitan Ave. Brooklyn, NY 11237 917 400 0877 www.firehousestudio.com Slide/CD-R Identification List 7. Ithiel, 2005; painted steel 10' (h) x 9' x 9' City of Palm Springs, California Notified: November 2006/Installed: January, 2007 Project Manager: Jennifer Henning; 760.778.8408 Budget: $40,000. Commissioning Agency goals: Community awareness of sculpture and the arts 8. Ithiel, 2005; painted steel I0' (h) x 9' x 9' City of Palm Springs, California Notified: November 2006/Installed: January, 2007 Project Manager: Jennifer Henning; 760.778.8408 Budget: $40,000. Commissioning Agency goals: Community awareness of sculpture and the arts John Clement C/O l;irehouse Studios 1196 Metropolitan Ave. Brooklyn, NY 11237_ 917 400 08'77 www.firehousestudio.com Slide/CD-R Identification List 9. Butch, 2005; painted steel 10' (h} x 9' x 8' City of Palm Springs, California Notified: November 2006/Installed: January, 2007 Project Manager: Jennifer Henning; 760.778.8408 Budget: $40,000. Commissioning Agency goals: Community awareness of sculpture and the arts IO..Iasper, 2006; painted steel 9' (h) x 9' x 13' Vancouver Sculpture Biennale, 2005 Notified: August 2005/Installed: September 2005 Project Manager: Winnie Esperson; 604.682.1289 Budget: $55,000. Commissioning Agency goals: Community awareness of sculpture and the arts EXHIBIT B PAYMENT REQUEST FORM GRANTEE: COUNTY AGREEMENT NO.: R DATE OF REQUEST: AMOUNT REQUESTED:$ GRANTEE'S GRANT MANAGER: PERFORMANCE PERIOD: MATCHING REQUIRED: $ GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant throu End-of--Grant Period CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST MATCHING FUNDS $ $ Subcontracting: Design (Artist's Fee) $ $ Fabrication (Permit Fees, Consulting Fees) $ $ Installation $ $ Materials $ $ Other Travel r Die etc. TOTAL REQUESTED $ $ TOTAL GRANT AGREEMENT $ TOTAL REMAINING IN GRANT $ GRANTEE CERTIFICATION The undersigned certifits that the amount being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager=s Signature Print Name Telephone Number Grantee's Fiscal Agent Print Name Telephone Number Eahibit B, Page 1 of 1 AGREEMENT BETWEEN THE CITY AND ARTIST FOR THE KNOWLES PARK SCULPTURE PROJECT THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and JOHN CLEMENT CORP. (hereinafter called ARTIST). WITNESSETH: The CITY and the ARTIST in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned ARTIST hereby represents that he/she has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments, which include the Call to Artists and all attachments thereto. 2. The ARTIST, as evidenced by the execution of this Agreement, acknowledges that he/she has examined all specifications and requirements of this RFP. The ARTIST further acknowledges that the "Call to Artist" price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. The total cost for this project is $50,000.00 which shall be paid within 30 days of the completion of the project as determined by the City Engineer. 3. The Agreement between the CITY and the ARTIST include the Agreement and the documents which are attached hereto. 4. The ARTIST shall complete construction of the art project, hereinafter referred to as the "WORK", within six months of receiving a notice to proceed from the CITY, unless extended by written agreement. 5. This Agreement shall be governed by the laws of the State of Florida as now and thereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to CTIY: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to ARTIST: John Clement Corp. 287 Grand Street Brooklyn, NY 11211 7. The ARTIST shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the ARTIST shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the ARTIST each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the ARTIST 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 sole negligence of the CITY), recklessness or intentional wrongful misconduct of the ARTIST and any persons employed or utilized by the ARTIST in the performance of this Agreement. ARTIST 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. ARTIST 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 ARTIST, its agents, servants or employees. ARTIST 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 all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the ARTIST to defend at its own expense or to provide for such defense, at the CITY'S option, for 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 Agreement performed by the ARTIST, its agents or employees. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the ARTIST the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the ARTIST acknowledges that the bid price includes said consideration for the indemnification provision. 10. The CITY may, in its sole discretion, terminate this Agreement upon 10 days notice to the ARTIST. Upon termination the Artist shall only retain such funds that have been expended to date. The remaining funds, if any shall be returned to the CITY within 30 days of the termination. 11. ARTIST shall provide the CITY with a written Bill of Sale conveying title to the CITY, and a sworn statement of no liens, claims or other encumbrances. Such documents shall be in a form acceptable to the CITY. 12. The ARTIST warrants that the WORK shall be free of defects in material and workmanship and that the ARTIST shall correct at her expense any such defects which appear for a period of one (1) year from delivery of the Bill of Sale for the WORK. 13. The ARTIST warrants that the WORK is an original and that the WORK does not infringe upon any copyright. 14. Title to the WORK shall vest in the CITY upon completion of the WORK. The CITY may reproduce images of the WORK, for non-commercial use, including but not limited to public information, educational and promotional purposes without written consent of the ARTIST. 15. The ARTIST retains (1) copyright of designs created (2) all rights to the Artists Rights Act of 1990, and any successor act, except that the ARTIST hereby waives the rights under 17 U.S.C. 106A, and (3) all rights expressly granted in this Agreement. 16. The ARTIST hereby acknowledges that the artwork will become an integral part to the streetscape and that installation and integration of the artwork may subject the artwork to future removal, destruction, or other modifications by reason of its removal from the structure or the renovation, destruction or redevelopment of the structure. Notwithstanding the foregoing, the ARTIST hereby consents to the incorporation of the artwork into the streetscape and waives any rights in the artwork granted by 17 U.S.C. 106A, Visual Artists Rights Act of 1990. 17. ARTIST's rights, including but not limited to all copyrights, if applicable, under this Agreement are not assignable and shall cease with ARTIST's death and do not extend to ARTIST's heirs, successors or assigns. CITY's rights and obligations under this Agreement may be assigned without the consent of ARTIST at any time, without prior notice to ARTIST. 18. ARTIST shall notify the CITY of any permanent change of address from that stated in Paragraph 14 hereof, and the failure of ARTIST to do so shall be deemed a waiver by ARTIST of ARTIST's rights to enforce those provisions of this Agreement that require the express approval of ARTIST. 19. The ARTIST shall provide insurance in a form and an amount as requested by the CITY. 20. This Agreement shall be considered null and void unless signed by both the ARTIST and the CITY. 21. This Agreement and the documents attached hereto constitute the entire agreement between the CITY and the ARTIST and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to form: City Attorney WITNESSES: (please type or print name) By: Rita Ellis, Mayor ARTIST: JOHN CLEMENT, CORP. By: (please type or print name) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this _ 20_, by officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation (personally known to me) (or has produced identification) and has (type of identification) as identification. day of (name of He/She is used his/her Signature of Person Taking Acknowledgment CERTIFICATE (If Corporation) STATE OF FLORIDA ) 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, 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 seal affixed, shall be the official act and deed of this corporation". 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 seal of the corporation this day of , 20_ (Secretary) BILL OF SALE KNOW TO ALL MEN BY THESE PRESENTS, that (ARTIST) for and in consideration of the sum of ,lawful money of the United States, and other good. and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does hereby grant, bargain, sell, transfer and deliver unto the City of Delray Beach, Florida, its successors and assigns, a work of art that is TO HAVE AND TO HOLD the same unto the City of Delray Beach, Florida, its successors and assigns forever. IN WITNESS WHEREOF, ARTIST has hereunto set his hand and seal this day of 200_. (print or type name) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by ,who is personally known to me or who has produced as identification and who did take an oath. Notary Public My Commission Expires: CITY OF DELRAY BEACH GENERAL INFORMATION CALL TO ARTISTS KNOWLES PARK SCULPTURE PROJECT DEFINITIONS For the purposes of this Call to Artists, "Artist" shall mean contractors, consultants, Artists, proposers, organizations, firms, or other persons submitting a response to this Call to Artists. PURPOSE This Call to Artists, Knowles Park Sculpture Project provides for the successful Artist to create/install a large scale outdoor three-dimensional sculpture, suitable for the gateway to downtown Delray Beach. PROPOSAL SUBMISSION AND WITHDRAWAL The CITY will receive proposals at the following address: CITY OF DELRAY BEACH PURCHASING OFFICE CITY HALL 100 N.W. 1st Avenue Delray Beach, Florida 33444 To facilitate processing, please clearly mark the outside of the proposal package as follows: CALL TO ARTISTS: KNOWLES PARK SCULPTURE PROJECT and also include the date of the opening. The package shall also include the Artist's return address. Artists shall submit an original and eight (8) copies of the proposal in a sealed, opaque package marked as noted above. The Artist will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. THE CITY MUST RECEIVE ALL PROPOSALS BY 3:00 P.M. ON FEBRUARY 21, 2007. The CITY cautions Artists to assure actual delivery of mailed or hand-delivered proposals directly to the City's Purchasing Office at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 243-7163, before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the Artist(s). Artists may withdraw their proposals by notifying the CITY in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, until June 1, 2007. Once opened, proposals become a record of the CITY and will not be returned to the Artists, therefore, all submittals should be copies, not an original. All Artists who apply will also be placed on the City's Artist Registry unless the Artist indicates otherwise. Upon opening, proposals are subject to public disclosure consistent with Chapter 119, Florida Statutes. Artists must invoke exemptions to disclosure provided by law in the response to the CTA, and must identify the data or other materials to be protected, state the reasons why such exclusion from public disclosure is necessary and the legal basis for such exemption. CONTRACT AWARDS The City anticipates entering into an agreement with the Artist who submits the proposal judged by the City to be most advantageous. The City anticipates awarding one agreement but reserves the right to award more than one if in its best interest. The award may not take place until the City has been informed by Palm Beach County that it has been awarded matching funding. The Artist understands that this CTA does not constitute an offer or an agreement with the Artist. An offer or agreement shall not be deemed to exist and is not binding until a contract has been approved by the appropriate level of authority within the City, and executed by all parties. A sample Agreement is attached to this CTA. The .City anticipates that the final agreement will be in substantial conformance with this Sample Agreement; nevertheless, Artists are advised that any Agreement that may result from the CTA may deviate from the Sample Agreement. The City reserves the right to reject all proposals, to abandon the project and/or to solicit and re-advertise for other proposals. The City reserves the right to cancel the CTA or portions thereof without penalty. The City reserves the right to waive any irregularities and technicalities and may, at its sole discretion, request a clarification or other information to evaluate any or all proposals. The City may also cancel the award for this project if it fails to obtain grant funding from Palm Beach County. All terms and conditions of this CTA, any addenda, Artist's submissions, and negotiated terms, are incorporated into the contract by reference as set forth herein. Document files may be examined, during normal working hours, ten days after proposals have been opened. The proposal with the highest number of points will be ranked first. The City reserves the right to further negotiate any proposal, including price, with the highest rated Artist. If an agreement cannot be reached with the highest rated Artist, the City reserves the right to negotiate and recommend award to the next highest Artist or subsequent Artists until an agreement is reached. DEVELOPMENT COSTS Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this CTA. Artists should prepare their proposals simply and economically, providing a straightforward and concise description of the Artist's ability to meet the requirements of the CTA. . INQUIRIES Interested Artists may contact Randal Krejcarek, City Engineer, regarding questions about the proposal at City Hall located at 434 S. Swinton Avenue, Delray Beach, Florida 33444 -Telephone (561) 243-7322 or by facsimile (561) 243-7314. The City Engineer will receive written requests for clarification concerning the meaning or interpretations of this CTA, until fifteen (15) days prior to the submittal date. City personnel are authorized only to direct the attention of prospective Artists to various portions of the CTA so that they may read and interpret such for themselves. No employee of the City is authorized to interpret any portion of this CTA or give information as to the requirements of the CTA in addition to what is contained in the written CTA document. The City may record its response to inquiries and any supplemental instructions in the form of written addenda. The City may mail or post on its website written addenda up to ten (10) calendar days before the date fixed for receiving the proposals. Artists shall contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the CTA opening will not be binding. All Artists are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City Engineer through written communication prior to the opening of the proposals. DELAYS The City may delay scheduled due dates if it is to the advantage of the City to do so. ADDENDA If revisions become necessary, the City will post the Addenda on its website. All addenda issued by the City will include a receipt form, which must be signed and included with any proposals that are submitted to the City. In the event multiple addenda are issued, a separate receipt for each addendum must be included with the proposal at the time it is submitted to the City. NEWS RELEASES The Artist shall obtain the prior approval of the City Manager's Office for any and all news releases and/or other publicity pertaining to this CTA or the service, study or project to which it relates. LICENSES Artists must furnish satisfactory evidence that they have licenses, where applicable, as required to do business in the State of Florida, in Palm Beach County, and in the City of Delray Beach, including but not limited to, licenses required by respective State Boards and other governmental agencies responsible for regulating and licensing the services provided and performed by the provider. INSURANCE Once selected an Artist must provide insurance in a type and amount that is acceptable to the City, if applicable. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO (Currently $25,000) for a period of 36 months from the date of being placed on the convicted Vendor list. CODE OF ETHICS If any Artist violates or is a party to a violation of the code of ethics of the City of Delray Beach or the State of Florida with respect to this proposal, such Artist may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from bidding on any future proposals for work, goods or services for the City of Delray Beach. CITY CONTACT The City contact for this project will be Randal Krejcarek, City Engineer, 434 S. Swinton Avenue, Delray Beach, FL 33444 and the telephone number is (561) 243-7322, or his designee. After the Artist has been selected the Artist shall be informed of who the City Contact will be. RULES FOR PROPOSALS All proposals must be received no later than 3:00 PM, on February 21, 2007. Whether a proposal is transmitted by US Mail or any other delivery medium, the Artist(s) will be responsible for its timely delivery. The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this CTA. SELECTION PROCESS The criteria used by the City for the selection of the artist will be as follows: • Artwork concept is appropriate as to emphasis, scale and design • Qualifications and professional experience of the artist/team • Quality of previous works • Outstanding potential of the artwork concept • Ability to successfully execute the project under the criteria developed and within budget The City of Delray Beach will select the artist/firm that meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final. RIGHT TO REJECT PROPOSALS Submission of a proposal indicates acceptance by the artist of the conditions contained in this Call to Artists unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Delray Beach and the artist selected. The City of Delray Beach reserves the right, in its sole discretion, to reject any or all proposals. SCOPE OF SERVICES LOCATION: The site is located on the east side of South Federal Highway (US 1) at Southwest 10th Street, on the grassed area, east of the sidewalk, north of Linton Boulevard. See photograph. SITE DESCRIPTION: Open site, highly visible. PROJECT PROPOSAL: The design must include innovative, "out of the box" thinking, and uses the surrounding environment creatively. A team of artists/experts may send a collaborative proposal. KPSP is primarily viewable from moving vehicles and should be designed accordingly. Night illumination is required and should be considered part of the art experience. CONCEPT SKETCH: Include a color sketch or CONCEPT design of the proposed environment installation. PROPOSAL: Artist(s) shall submit a project statement describing their concept and its relationship to the sketch (one page maximum). PHOTOS: To be considered for this project, artist(s) must submit up to ten printed photos per artist of previously completed artwork. Do not submit CDs or slides. All photos should be numbered and labeled with artist's name. PHOTO LIST: Support your image documentation with a corresponding numbered list indicating the artist's name, title of work, location, medium, dimensions and date. MAINTENANCE REQUIREMENTS: The artwork must be low maintenance, durable, appropriate to a community location, and able to withstand the effects of sun, rain, salt spray, and wind. Attach a list of maintenance requirements and specify how your proposal will deter vandalism. BUDGET: Include an itemized budget list for the project, including all aspects of design, for example, artist(s) fee, landscaping, base requirements, lighting, fabrication, and installation. The City's anticipated budget for this project is approximately $50,000.00. KPSP funding may be subject to the requirements and acceptance of the Palm Beach County Matching Funds. RESUME: Submit a current resume. Catalogs and reviews may be included up to 6 pages for each artist. PROPOSAL WORKSHEET The undersigned, as Artist, hereby declares that the only person or persons interested in the Proposal, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Proposal or the Contract to which the work pertains; that this Proposal is made without connection or arrangement with any other person, company, or parties making a proposal and that the Proposal is in all respects fair and made in good faith without collusion or fraud. The Artist further declares that he has examined the Contractual Documents, including the Advertisement, Proposal, Scope of Services, Draft Contract, and has read all addenda prior to the opening of proposals, and is satisfied fully relative to all matters and conditions with respect to the work to which this Proposal pertains. The Artist proposes and agrees, if this Proposal is accepted, to contract with the City of Delray Beach in the form of a contract specified by the City, to furnish all necessary materials, all equipment, supplies, and labor necessary to complete the work specified in the Proposal and the Contract, and in the manner specified. The hereby undersigned representative of the Artist certifies that they are an authorized representative of the Artist who may legally bind the Artist: *SIGNATURE: Name: Printed Company: Address• City: Telephone No: *Failure to affix signature will result in disqualification of proposal. Title: State: Zip: Fax No: Note: If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. Acknowledgement of Addendums Acknowledgement is hereby made of the following Addenda received since issuance of Specifications: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Name of Artist's Service Contact: Address: ~ _J Date: 03 Julv 2007 AGENDA ITEM NUMBER: -~ AGENDA REQUEST Request to be pieced on: X Consent Agenda ..,..-Regular Agenda Workshop Agenda -Special Agenda When: 10 Julv 2007 Description of Agenda Item (who, what, where, how much): This agenda item is for Commission approvallauthorization for Mayor to execute the "Public Art Improves Our Community" matching grant with Palm Beach County and to execute agreement with Artist Mr. John Clement. The proposed art sculpture will be located in Knowles Park. Total cost is $50,000.00. The grant is for 50% of the total cost. Staff Recommendation: Department Head Signa City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes 1 No Initials: Yes Account Number 115-1702-579-63.90 Description Svecial Proiects-Public Arts Trust Account-Other Improvements Account Balance: ,~5,p, nn,~ n n~*,.p~iug_]~udgPr trancfPr Funding Alternatives: The Public Arts Trust Account has- $64,041.14 of which $50,000.00 will be used to fund the reimburses the_'City via a Public Art I City 1Vlanager Review: Grant in the amount o $25, 000.00 (af t in N ' 07 . Approved for Agenda: es / No Initials: Hold Until: Agenda Coordinator Review: Received: an available balance of entire project until PBC mproves Our Community er the proiect is complete S;\EngAdmin\projects\2007\2007-012\OFFICIAL\2007-07.10 agenda kpsp agmt.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~~~~ THROUGH: CITY MANAGER~~S~~fi~ DATE: JULY 9, 2007 SUBJECT: AGENDA ITEM # 8. .~~ REGULAR MEETING OF JULY 24, 2007 Florida Department of Transportation Landscape Maintenance Agreement f_or Atlantic Avenue, between Military Trail and Mc Nab Avenue ITEM BEFORE THE COMMISSION: The item before the Commission is the approval of a landscape maintenance agreement between the City of Delray Beach and the Florida Department of Transportation (FDOT) for the medians on Atlantic Avenue between Military Trail and Mc Nab Avenue (just west of the I-95 overpass). BACKGROUND: As part of FDOT's resurfacing, restoration and rehabilitation (RRR) project, the landscaping within the medians on Atlantic Avenue between Military Trail and Mc Nab Avenue will be modified to comply with line of sight guidelines. Existing landscaping will become nonconforming as a result of changes in access ways and increases in turning lane length. Some large trees will be removed as well as some palms that are planted closer than the minimum spacing permitted. The FDOT is funding the cost of the landscaping and irrigation in the amount of $253,318.18. The City will be required to maintain the landscaping after the one-year maintenance/warranty period has been completed. This agreement will supersede the current agreement, which has been in effect since 1995. It is anticipated that this project will be let for bid in August 2008 (over a year from now). In 2005, the City issued a letter of commitment for the RRR project and agreed to enter into the Maintenance Memorandum of Agreement (MOA) once plans were completed. FUNDING SOURCE: None required RECOMMENDATION: Staff recommends the City Commission give favorable consideration to the Maintenance MOA with FDOT for Atlantic Avenue, between Military Trail and Mc Nab Avenue. :W 3 fl N 3 A Y ~~ -a ~~ f} 3fIN3AY 553tlONOJ W a S f 2 ~ 5 Sf y 3 ~~ o D W 1-3 lYNV7 z W ~` , C~ ° Q D gy m ; ~ z 00 U '' ~ W ~ M N ~ 3 ~ f~ z C7 -e'w E ~ Q J Z U ~ ~ z ~ ~ ( ,~ i Y 3011N1 G- S i oO ~ ~ c ~ 13lNYN ao ~ a w W a ~ w oral w. we o a~ ~ 3~, ~o i °° 6 pp ® ~ c Z 5 i ~ c ~ ` F- i z w ~ ~ r i .~ ~ ~ a w `€ W m +~ W V ~ ao z r i ;~ ¢ ,~ J ~ W N O W ~ £ ~ ~ O ~ Z-. r F - llV tll AtlV11lIN N1f105 AtlVl V Z 'Q Q ~ ~ U a ~ t RESOLUTION N0.43-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM OF AGREEMENT FOR LANDSCAPE IMPROVEMENTS TO AREAS LOCATED ON ATLANTIC AVENUE FROM MILITARY TRAIL TO MCNAB AVENUE AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve -the Maintenance Memorandum of Agreement for certain landscaping, irrigation and related improvements to areas located on Atlantic Avenue between Military Trail and McNab Avenue; and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry into the Maintenance Memorandum of Agreement between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this the _ day of , 2007. MAYOR ATTEST: City Clerk Florida Department of Transportation CHARLIE CRIST Planning & Environmental Management STEPHANIE C. KOPELOUSOS GOVERNOR 3400 West Commercial Boulevard SECRETARY Fort Lauderdale, Fl 33309-3421 Telephone: (954) 777-4330 Fax: (954) 777-4310 June 27, 2007 Ms. Nancy Davila City Horticulturalist City of Delray Beach 100 N.W. 1 S` Avenue Delray Beach, Florida 33444 Dear Ms. Davila: RE: District Four (4) Maintenance Memorandum of Agreement (MOA) for State Road 806 (Atlantic Avenue) from Military Trail (M.P.5.150) to Mc Nab (M.P.7.083). FM # 413841-1-52-01. Enclosed are four (4) original MOA's and a set of plans that reflect the landscape improvements that will be constructed for State Road 806 in the City of Delray Beach. Please have these executed by the City Council at their earliest convenience returning all four (4) tome, with one sealed copy of the Resolution approving such action. Gerry O'Reilly, P.E., the Department's Transportation Development Engineer District IV, will execute and date the originals returning one for your file. Important: Please do not fill in the date on the first paragraph on page one. Call me at 954-777-4219 if I can be of further help. Sincerely, ~ ~. Elisabeth A. Hassett District IV Landscape Architect CC: J. Thompson, P.E. File ~:'ti~i i ~i : ~ii...i~,',rr:): ,jEi~- }.{~:1 ~~ ra~ ~ of Ise >(i~ z ~~~ ~~,~?i-d~~ SECTION NO.: 93030 FM NO.(s): 413841-1-52-O1 COUNTY: Broward S.R. NO.: 806 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 City of Delray Beach, a political subdivision of the State of Florida, .existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 806 as part of the 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 right of way line, excluding standard concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up, necessary replanting, imgation repairs, and median concrete replacements as needed; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities ofeach 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, imgation and/or hardscape on the highway facilities substantially as specified in the initial plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. If there are any major changes to the plans, the Department shall provide the modified plans and the AGENCY shall provide their approval or disapproval within 10 business days. The Department may elect to withdraw the landscape if changes are not approved within the 5^~'~~iaini~,l,andscape`JilO;~ Fvlder5 a~10;1 ll~afts`:SR~Oh 41 ~841De1ray F3ch.doc fare - 1 - given time frame. Hardscape shall mean any non-standard roadway, sidewallc or median surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and stamped concrete. 2. ~ .The AGENCY agrees to maintain the landscape and irrigation 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 guidelines and as provided by Exhibit C. The AGENCY'S responsibility for maintenance shall include all landscaped/turfedareas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas within the travel way to the right of way line, including paver sidewalks, paver intersections and all paver header curbs, stamped asphalt and concrete areas. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of the paver brick and/or the header curb on Department of Transportation right-of--way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all 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 of plants, 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 hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To 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 or side areas (water/electricity) for these improvements, all costs associated with irrigation maintenance, impact fees and connections as well as on-going cost 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 all 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 landscape installation 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 S:`,'~laintti,<~ndscape~~~t0;1 Folders`~..~~1'Or~ ihafiti`:SI280Ci41?b4iDelra~~L3ch.doc 1'a~~e - 2 - a deficiency or deficiencies exist(s), 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 landscape or a part thereof, with DEPARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or (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 landscape 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 $253,318.18 as defined in Exhibit D. The DEPARTMENT'S participation in the Project cost, as described in Exhibit C is limited to only those items which are directly related 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 landscape/hardscape 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 all documents, papers, letters, or other material subj ect to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 5:'<~l ~r~± f a~~ i~ca~c ZlC);~ (,1_~~:.ry 1,1<)~'~ ,)~a,is`ti~:~ti(, -'~i ?5=f 1I>~~lf~a~. E~.ll.u.~,~ Page 3 8. The term of this Agreement commences upon execution. 9. The AGENCY is political subdivisions as defined in Section 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions oftheir agents or employees. Nothing in this agreement shall be construed or interpreted to serve as a waiver of sovereign immunity by any party such that liability is extended beyond -the limitations established by law. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: (a) AGENCY's contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed by the Insurance Services Office and shall name DEPARTMENT as an additional insured. (b) AGENCY's contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverages specified herein prior to the beginning performance of work under this Agreement. (c) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of AGENCY'S contractor is completed. All policies must be endorsed to provide DEPARTMENT with at least thirty (30) days notice of cancellation and or/or restriction. If any of the insurance coverages will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 10. The AGENCY may construct additional landscape/hardscape within the limits oftherights- of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscape/hndscape 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 landscape shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape installed; ti. ~).a i~1Q ~.. H: i'.~ l"}~~..~i.?.i ~; J ~'i~~i..)3:af~~`i.(,~,~(?ii ;! ?~5=-~1~.)t.~i l~~~~~~:.:i<) c:~.~L..,.. f _ Page 4 (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 are 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 money maybe 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 shall 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 FNE 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. 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: ~ruttll ~ .~. ~;i.15C c~~.: .~'i~T i Ci_§I{!t ~.~~[ i ~ iil :~,, y.~~; ~ .~.."S-~[t,`(~z I,, i. i?i~:., Page 5 If to the Department: State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District IV Landscape Architect If to the Agency: City of Delray Beach 100 N.W. lst Avenue Delray Beach, Florida 33444 Attention: Nancy Davila City Horticulturalist IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY By: Mayor /Chairperson Attest: (SEAL) Clerk Approval as to Form Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Development Director Date Attest: (SEAL) Executive Secretary Approval as to Form Date ~. ~st:nv ! .i~.~€=_ . s ,~~.~~~ ., I~;,~,. r> ,~cs) ~ ~~~;,~ ~~ ~,~~(, ~ r 3fF ~ a i)el~-~ i ~i,.~iE~c Page 6 SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: EXHIBIT A 93030 413841-1-52-01 Broward 806 I. ENTIRE PROJECT LOCATION: State Road 806 (Atlantic Avenue) from Via Flora (M.P.4.308) to McNab Avenue (M.P.7.083) II. PROJECT LOCATION OF AREA TO BE MAINTAINED BY AGENCY: State Road 806 (Atlantic Avenue) from Military Trail (M.P.5.150} to Mc Nab (M.P.7.083) III. PROJECT LOCATION MAP OF ENTIRE HIGHWAY PROJECT: =_ S ;li.i~..~? 4 ands~au~ _~1() ~ ~ ~ ;~_iL ';it?.l ~id!t> ti.;;~ltrt ~z ~~ ~i)ci~-a. '>~r.,::;~ Page 7 SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: EXHIBIT B PROJECT PLANS 93030 413841-1-52-O1 Broward 806 The Department agrees to install the Project in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans- prepared by: Miller Legg Dated: 3/6/07 S llain.t.!,a~idsc e])c 'vlt~:`•. F~~Id~~s`blf3, L~ratt,:-SR${)f~ ~13K41~?°.ca~ i' ~h.ci.~c Page 8 SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: EXHIBIT C MAINTENANCE PLAN 93030 413841-1-52-01 Broward 806 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. See Attached S \-iair,!`.ifanc~sca1~. ,''yii).~ I',rl~a~,, '~~tiJ:'. 7?rati, til~~ti(, ~ ~ ti ~ I~~lra~~ s'.~t;_clo Page 9 r~ ,II Maintenance Plan FM No: 413841-1-52-01 MAINTENANCE PLAN Project Name: SR 806 -West Atlantic Ave Project Limits: From Via Flora to McNab Ave Maintenance Limits: Barwick Rd. to McNab Ave FM No.: 41 3841-1-52-01 Maintaining Agency: City of Delray Beach Landscape,lrrigation, and Hardscape Plans The purpose for the following performance based descriptions of landscape maintenance practices is to allow the plant material on your project to thrive in a safe and vigorous manner. Plantings shall be maintained to conform to all of the requirements, but not limited to the following: sight visibility, horizontal setbacks, and vertical clearances as set forth by Florida Department of Transportation's governing standards and. specifications; FDOT Design Standards (Most Current Date) and Standard Specifications for Road and Bridge Construction (Most Current Date), as amended by contract documents. 1.0 Watering Requirements: a. Watering is probably the most critical concern regarding the maintenance of healthy plant material. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. b. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone, but not to saturate the soil, .and should avoid over-spray onto travel lanes. Furthermore, the Agency should maintain the rain sensors (if on an irrigation system), to ensure that they. are functioning properly and that the system; does shut down. when there is sufficient rainfall. c. Avoid extremes in watering. Light, frequent watering is ineffective and produces shallow root systems. Excessive watering. that keeps the root zones saturated may kill the plant material due to the lack of available air to the root zone. Atypical rule of thumb is that turf areas should receive on an average, a minimum of 1" of water per week, with an equal or lesser amount for trees and shrubs, depending on their individual water usage. 2.0 Irrigation: a. The system should be checked periodically for proper operation. Ensure there is no overspray onto roadways and sidewalks. All irrigation activities should not be scheduled during the daytime hours (most notably rush hour traffic periods). SR 806 -Atlantic Ave 1 of 3 r Maintenance Plan FM No: 413841-1-52-Oi 3.0 Fertilization/Insecticides/Fungicides: a. Due to the poor shallow root soils of the South Florida area, coupled with heavy rainfall during the growing season, available nutrient levels for landscape materials are very low, therefore nutrient amendments are essential. A soil analysis of each planting site should be completed to determine the nutrient levels needed for vigorous plant growth. b. Trees, palms, shrubs, groundcovers and turf areas should be fertilized in such a manner and. frequency to ensure that the plant material remains healthy, without under or over nourishing them. An integrated plant management program is required to ensure healthy plants, free of disease and pests. Insecticides and fungicides shall be applied as needed to ensure that plants and grass remain pest and disease free. 4.0 Mulching: a. Planting beds should be mulched in such a manner as to: prevent weed growth, retain moisture for use by plants, protect soil from erosion and the loss of nutrients, maintain a more uniform soil temperature and maintain a manicured appearance. Mulch should always be kept away from the trunks of trees, shrubs and palms to prevent rotting and susceptibility to disease. No mulch from a native source should be utilized. 5.0 Pruning: a. All pruning shall adhere to ANSI A300 standards (and safety criteria adhered to) and shall be overseen by an 1SA Certified Arborist. The older fronds on the Royal Palms, if applicable, shall be routinely pruned to insure that fronds do not fall onto any travel lanes. All pruning shalt be done with the health and natural growth of the plant materials in mind. Specific pruning heights of the landscape material shalt be determined in order to maintain clear site windows and vertical clearances for pedestrian and truck traffic where applicable. Visibility windows must be free of obstructions. b. The desired growth habit in landscape planting beds shall be such that shrubs of the same species shall develop into a single mass and be kept separate from adjacent masses of other species. 6.0 Staking and Guying: a. All staking material (except for replacements) will be removed at the completion of the one-year warranty period before the City takes over maintenance of the plantings. SR 806 -Atlantic Ave 2 of 3 e ~ Maintenance Plan FM No: 413841-1-52=01 7.0 Turf Mowing: a. All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a neat and clean appearance: 8.0 Litter Control: a. The project site shall remain litter free. 9.0 Weeding/Herbicide: a. All planting areas shall be maintained to be as weed free as possible with mechanical and/or chemical weeding. When utilizing herbicide, extreme care should be -taken to avoid any overspray onto plant materials. Any damage resulting from overspray will be the applicator's responsibility to restore per approved plan. 10.0 Hardscape: (Brick pavers) a. Keep weed free b. Routine sealer added. c. Any damaged or chipped bricks need replaced. d. Adjust settleing and lifting pavers. END OF SECTION SR 806 -Atlantic Ave 3of3 SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: EXHIBIT D PROJECT COST 93030 413841-1-52-O1 Broward 806 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: Apri118, .2007 I. APPROXIMATE PROJECT COST: $253,318.18 `~ia?ni I a,~c~~,~<ii>e :.1~:1C) E~c~l.ii~1~ ~1{)~, I3raif> 5}~~;itt~ -~ ~`~~rli)e(~u~ 1:3ch.tl~.c Page 10 • •- ~~~ GG MILLER LE DATE: 4/18/2007 PA71TFJ4 NO. QTY BOTANICAL NAME COMMON NAME SQE SPACWG UNR PRICE TOTAL 580.1.1 Small plants EU 5710 Euphdbia mifii 'Rosy Dwarf Crown of Thorns 12'x12', full plant 12'o.c. 51.85 59,453.50 JP 1739 Juniper chinensis Parsons' Parson Junpier 12'x12', full plarn 12'o.c. 57.85 53,217.15 P/ 3980 Ilex vomitoda Stokes dwarr 18'x18', full plarn 18'o.c. 52.50 $9.950.00 RI 2044 Rhaphiolepis Indira Indian Hawthorn 24'x24', lull plarn 24' o.c. 5250 55,110.00 TV 752 Tulbaghia violacea Stxiery Garlic 12'x12', lull plarn 12'o.c. 51.65 51,39120 LC 698 Lantana samara Gdd Mound 24'x24', lu8 plarn 24' o.c. 5250 51,745.00 TD 1198 Trlpsacum dactyloides Fakahaxhee Grass 36'x36',lull plarq 36' o.c. 53.75 54,492.50 CL 1190 Crinum ~ Crinum Lity 36'x36',fu8 plant 36' o.a 54.25 55.057.50 16711 Orgarec Muth (in Bags) 15 Per Shrub 51.00 516,711.00 16711 Shc mix (shrubs .0625 c.y.per shrub) 0.0625 1044.4375 C.Y. 535.00 ~ 536.555.31 . Subtotal 593,683.16 Tax ®6.5% 0.065 56,089.41 Landscape: WbodOYerheatyProlrt Factor: 1.25 5117,103.95 SWNda! 5216,87652 580.1-2 Large plants Ut 11 Lagerstroemia kdica Natchez' 12'-14' o.a.h.xS sprd, limb up 7.5' As Shown 5175.00 51,925.00 . Lit 10 Lagerstrcemia Indira Tuscarora' 12'-14' o.ah.x5 sprd, limb up 7.S /\5 Shown 5175.00 57,750.00 OV 10 Ouerars virginiana five Oak 12k6', 3' ca1.,S ct AS Shown 5100.00 _ 51,000.00 31 Organic Mulch 2 Bags Per Tree ($2.OD a bag) - 5200 5124.00 31 Shc mix (.25 c.y. per tree) 0.25 7.75 C.Y. 535.00 5271.25 - Strbldal 55,070.25 Tax 43 6.5% 0.065 5329.57 Landscape: IabodOverheadlProfit Facor: 12S 56.337.81 - Subtoraf 571,737.63 580-1-2 TREEIPALM REMOVAL 11 Remove and Dispose Large TtuMt Palms (Trees,Palms not yet tagged in Each 5175.00 51.925.00 23 Remove and Dispose Large Trunk Tree -0'•16' DBH field for accurate number.) Each $225.00 55,175-00 Subldal 57,100.00 570-1-1 Performance Turf 7,891 Stenotaphrum secundatum St Augustine'Floratam' square toot $0.33 52,604.03 Subrda! 52,604.03 590.701rrigaUtm System t Irtlgation System (Includes material, labor, tax) 515,000.00 (Head replacercent,piping,btrbblers,na'w trenching . upgrade in vakes If necessary) YAe b ~ }P.5~4-rT~SF'z ~ ~ ~ ,~i 7 ? ~ ~ j3 ~'~.4 t.. ~[ L~ i ~K r ate. 2 t ,~--- 3"- _. 1 y..C ~, `.'~ ~r~'~ ~ r$ ~, ~ ~~ ~ ^ ~v-^r ty+ t _,.' r?._e ~k r 1 ~. 5253 1818 pp ~'Q~^t tti ~~ ~~2 r x _'1 .71 .9'.. ...,_ „ _~ _ ~...., _. l ,. ,.~.~_~I_c 41~x _. , -., ~ ~ i. ..._,~ ._ ~ _. 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In O N O O ! ~_ ~a fi a ' e - °~ 3~ ~ P ~F °~ ° ~ m < ~ ~q 0. o g s V V LL1 ~J L1J J J c~22caW N2oN2Wj ~~~~~aN AGENDA ITEM NUMBER: AGENDA REQUEST Date: 7/12/2007 Request to be placed on: ® Consent Agenda ^ Special Agenda ^ Workshop Agenda When: July 24, 2007 Description of agenda item: Landscape Maintenance Agreement with FDOT for Atlantic Avenue between Military Trail and~cNab Road ORDINANCE/RESOLUTION REQUIRED: YES ® NO ^ Draft of Resolution Attached: YES ® NO ^ Recommendation: Staff recommends approval Department Head Signature: Determination of Consistency with Compre ensive Plan: ~ Consistent Does not affect 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 (if applicable): No funding required Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: Yes ~ No ^ Hold Until: Agenda Coordinator Review: Received: Action: Approved: ^ Disapproved: ^ MEMORANDUM TO: MI~,YO~R D CITY COMMISSIONERS FROM: SCOTT ARONSO ,PARKING MANAGEMENT SPECIALIST PAUL DORLING, AICP, DIRECTOR PLANNING AND ZON NG THROUGH: CITY MANAGER ~~5~t~ DATE: JULY 18, 2007 SUBJECT: AGENDA ITEM # ~. ~ -REGULAR MEETING -JULY 24, 2007 APPROVAL OF AN AMENDMENT TO AN INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA) REGARDING THE REIMBURSEMENT FOR THE FUNDING OF BUS SHELTERS ITEM BEFORE COMMISSION The item before the City Commission is to approve Amendment No. 1 (see attached) to the January 22, 2004 Interlocal Agreement between the City and the CRA for reimbursement for the purchase, delivery and installation of a minimum of 15 bus shelters in the Community Redevelopment Area. BACKGROUND In an agreement dated January 22, 2004, the CRA was required to pay $129,120.00 for the installation of up to 15 bus shelters in the Community Redevelopment Area. The agreement was crafted in accordance with a contract with Daytech Manufacturing at a cost of $8,608.00 per shelter. Due to the inability of Daytech Manufacturing to fulfill its obligations regarding the installation of the shelters, the contract was cancelled. Subsequently, the City contracted with three (3) different vendors, (Brasco International for the purchase, Rosso Paving for the construction of the pads, and JMW Construction for the installation), resulting in a total cost of $10,658.90 per shelter. Seventeen shelters, at a total cost of $181,201.30, were installed in the Community Redevelopment Area. Pursuant to the Metropolitan Planning Organization 50% grant reimbursement, when 50% of the total cost [$90,600.65 = 17 shelters @ $5,329.45] is subtracted from the $129,120.00 payment, the resulting reimbursement due to the CRA is $38,519.35. REVIEW BY OTHERS The CRA, at its meeting of July 12, 2007, unanimously recommended approval of Amendment No. 1, establishing the reimbursement to the CRA for the installation of bus shelters in the Community Redevelopment Area at $38,519.35. RECOMMENDATION By motion, approve Amendment No. 1 to the January 22, 2007 Interlocal Agreement establishing the reimbursement to the CRA for the installation of bus shelters in the Community Redevelopment Area at $38,519.35. Attachment: ^ Amendment No. 1. AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY DATED JANUARY 22, 2004 REGARDING BUS SHELTERS THIS AMENDMENT NO. 1 is made this day of , 200_ to the Agreement dated January 22, 2004 between the CITY OF DELRAY BEACH, (City), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA). WITNESSETH: WHEREAS, the City and CRA had entered into an agreement where the CRA would pay for 15 bus shelters in the CRA district at a cost of $8,608.00 per shelter and a total cost of $129,120.00; and WHEREAS, the agreement further provided that the CRA would be reimbursed an amount, not to exceed $64,560.00 once the City received reimbursement from Palm Beach County; and WHEREAS, 17 bus shelters were installed in the CRA district at a cost of $10,658.90 per shelter which resulted in a total cost of $181,201.30 of which the CRA's portion amounted to $90,600.65; and WHEREAS, the parties agree that the CRA shall be refunded the difference between what was paid and the amount due. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. Paragraph 2 of the Interlocal Agreement is hereby amended to provide that the shelters would be constructed in accordance with the terms and conditions of the contracts between the City and Brasco International Inc., Rosso Paving and JMW Construction, not Daytech Manufacturing. Paragraph 2 is further amended to reflect that the CRA shall be reimbursed the difference between $129,120.00 and $90,600.65, which is $38,519.35 and that such amount shall be returned to the CRA within 30 days of the execution of this agreement. 3. All other terms of the original Interlocal Agreement remain in full force and effect, except as expressly modified herein. 4. This Amendment shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Rita Ellis, Mayor Approved as to Form: City Attorney W NESSES: COMMUNITY REDEVELOPME T AGENCY ~~ ~Ivt ~~ By: ~~ i~ ame:~,~N~ 6L4ntrJt Print Name: ,..T~ ~-,c.'~! .e~~~x `~~ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~~• .~ day of _' ccv , 2007 by FJ~~r-.--.~ /,</hr~~- , as ~'h-~ ~+- n,~ ..~ (name o officer or agent, title of officer or agent), of ~ Ec. /Lirt /~i F ~tc-/ ~~ e ~ (naive of corporation acknowledging), a ~LD!L~a~ (state or place of incorporation) corporation, on behalf of the corporation. He1She is personally known to me or has produced (type of i en i iea ion} as identification. ~'L- Notary blic - State o lorida ~1~Y•4~ JEAN MOOREF[ELD „~ MYCOMMiSStON!IDL443456 °~Sif~p'i~ EXPIRES: June 22, 2009 (~07J 3D8-0153 Florida Notary Swie~.ean 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER ~~`,~Sfi+.K~ e/y DATE: JULY 18, 2007 SUBJECT: AGENDA ITEM # V • ~ -REGULAR MEETING OF JUL' SPECIAL EVENT REQUEST -ART AND JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for August 16, 2007 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7th Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1St Avenue, NE/SE 2°d Avenue, SE 3`d Avenue, NE/SE 4~' Avenue, and the Tennis Center Parking lot and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, budget, site plan, Hold Harmless Agreement, and Certificate of Insurance for this event received from Marjorie Ferrer. Although we are not asking to close Atlantic Avenue west of Swinton, the event boundary will extend to NW/SW 5~` Avenue. Entertainment will be located in the library, in front of Atlantic Grove and in Clay Widemans Parking lot. The estimate of overtime cost for this event is $9,675. Cost for the barricade rental is estimated at $420 and cost for. trash boxes which we now have to pay for is $400. Although EMS assistance was not requested, staff is recommending it be required. We will work with the event sponsor to try to reduce these costs. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 20% for all costs over $1,000 plus the full cost of barricade rental and trash boxes. The estimated charges for this event are $2,555. This event is sponsored by the Sun Sentinel. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, including barricades with payment of costs to the City per the agreement between the City and the Downtown Marking Cooperative. RAB/db Attachments U:lwwdatalEventSlArt & JazzlAgenda Item Art & Jazz on the Ave 8.16.07.doc Q~RAY ~EAICIhF f 4 ~R # 1 a a City of Delray Beach Special Event Permit Application PLEASE PRINT ~' ~I ~~~ ~~t~~ Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event Name/Title: Art & Jazz; 2. Event Date(s): Event Time(s): August16, 2007 6-10 pm 3. Event Sponsor/Producer: Downtown Marketing Cooperative 4. Event Contact/Coordinator: Marjorie Ferrer 5. Address: 64 A SE 5`h Avenue. Delray Beach, FL 33483 6. Telephone Number: 561-279-1380 ext 17 Cellular Number: 561-271-3168 7. E-mail Address: _M_arjorie _delraybeach.com 8. Event Description: Art & Jazz is an event that brings thousands of people to our downtown area. The purpose is to provide the setting for an open house for merchants (lf neighborhood block party, then please skip questions #10-35 and go to question #36) 9. Sponsor Category: (please check) City XNon-Profit/Charitable ^ Private ^ Co- Sponsor -Non-Profit/Private ^ (!f Non-profrt attach proof of 501 c(3), c(4), c(6), c(10) or c~19)) 10. Event Location/Address: Atlantic Avenue from NW/SW 5t Avenue to SE/NE 7m Avenue: Railroad W Avenue from Atlantic Avenue to south side of Alleyway; Alleyway between NE 2nd Ave and Railroad Wav; Site plan attached: yes _X_ no (Site plan required for entire event site) 12. Event budget attached: yes X_ no (Required for all events) 13. Serving or selling alcoholic beverages: yes no X_ (!f yes, copy of license and alcohol liability insurance required two (2) weeks priorto event) 14. Event certificate of insurance attached: yes X_ no (Required two (2) weeks prior to event naming the City as additional insured, alsorequired for vendors) 15. Playing of amplified music: yes _x_no (Waiver required) * Request Waiver of Noise Ordinance 16. Requesting Police assistance: yes X no (Traffic control/security) 17. Will supplement with private security: yes no X (If yes, need plan attached) 18. Requesting Emergency Medical assistance: yes no X_ 19. Requesting barricade assistance :yes X no 20. Requesting trash removal/clean up assistance: yes X no 21. Requesting trash boxes and liners: yes X no 22. Requesting stage use: yes no X (If yes, check type) Large stage covered^ Large stage no cover ^ Small stage ^ Half small stage ^ 23. Requesting signage :yes X no Type: Event sign (4'x4') Directional signs Banner hanging _yes Indicate dates required 1 week prior (Waiver required if more than one (7) week prior to event) 24. Food and beverage vendors: yes no X If 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: -Sponsors only yes no X 27. Tents: yes X no (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? Yes no X (!f yes, type and location and copy of liability 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 no X (Show on-site map) 30. Will there be fireworks or other pyrotechnics? Yes no X (If yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? Yes no X (lf yes, contact Fire Marshall) 32. Will you be providing port-a-lets for the event? Yes X no (!f yes, locate on-site map. if no, indicate how you will handle restroom needs) 33. Will there be a charge for the event? Yes no X (If yes, indicate ticket prices) 34. Is reserved parking requested? Yes no _X (If yes, indicate locations) 2 35. Neighborhood Block Parties (Neighborhood block parties only) • Is event sponsored by the Homeowner's Association? yes no (lf not, then individual(s) submitting permit application must also submit a petition signed by 57% 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 Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will 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. Ev~'iht Cont . ct r/Coordinator Date Please print• Wl J~rfz.T~ Pa ~ r~YLi2~L Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 15tAvenue, Delray Beach, Florida 33444. For Staff Use Only Date Received Application fee received $ 100.00 Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 °w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a g ~ g 8 S ~ Q ~ ~ p r a a N QQ N N ~pp ~ M O t+7 r O N ~ O N ~ m UJ N ~ ~ r ~ W m m ~ ~ E ~ m ~ o~ m w ~ e ~- 5 m ~ a o m r aP b a ~ ~ v S r o i a S ~2 m a m = m ~a W w o a6 m m ' ~ ~ ` ~ > ° ~ ` ~ ' ~ a m` c n S ~ w i c a m ci te a ~ ~ r n - - W 25 3 Z5 E5 ° S ~ g ~ $ ~S ~ ~ ° ~ ~ S $ N ~ ~ O F- Cl ~ ~ ~ aQi r ~ ~ ° M ~ m 1 0 °' ~ ~ N a °° - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - ~ ~ ~ 8 ~ ~ W O M M aD N pO M S Yf g - pp N ~ 1'9 ENO A ~l l7 -~ Am O W N ~ Z W QG O r' N O 0 z W E D_ Y7 O M e N v ~ N 7 O .., 7 m N ~.:1 7 O .., ' m ~ F- $ $ $ ~ r ~ ~ °o °o °m °m n u0i ~ g b QQ F g ~ yg~ b S 5~ ~ gg 'aS ~ D O ~ ~ c4i N O ~ ~ m oi ri r m w m m ~ ~ m W Q O G (h p 0 p9 fQp g E'! ~ N ~ o NO S O op ~' A ~ ~ e- N (Epp Of r $ ~ N 0 G L ~ W ~ O h f ~ r r r EO N N ~ lf ~ ~' EZ r ° m ~ °o u°7 u°~ + r ° ~ °o N e+Ai O 7 O N 1b _ r m M ( 7 N z ~ op ~ ~ ~oj N p O y~ 00 O C~ N f7 N ~ r Q END O_ amD m N C9 O (h ~ A_ O N O ~ to 7 ~ r Q ~ N 10[7 O M O N 8 r m Q) N OV b C ~ m r r OD m ~ EQ Q 10D dA] 1(j M N N O ~ ~ m 1O' ~ N t'J r r ~ ~ S O E9 ` ~ VO' ~ b M R S M O COQ N ~ 1 O p 1p ~ to M r ~ V a {EQ~7i T ~ O ~ ~ 8 Cm N N N m ~ 4 '~ r 2 ~ w o ~ _ $ ~ ~ . ~ ~~ a q? m U ~ ~ c ~ ~ 1~ i3 o E ~ ~ ~ ~ ~ ~ "' e m W W ~` ~~yl m 9 a g m z ~ c ~ ~ E m ~ ~ - a ° E ~ o ~ ~ ~ V p° ~ ~7 ~ .o a Q E ~ ~ w =~ ~ c=7 ~ og . p ~ u Z ,~ ~ a m ' x~j o ~ p o6 ~ C~ m ~ ~ ~ C7 °~ ~ .~ Q a m ~ 1L v +W € a a ~ 7 W alf ~ ad ~ o ~ 3 & ~e N ~ Q W a ~ a< ~ c 0 i r ~ ~ ' ' 0 m ° ~ ~ m ~ ad ~ -c ~ = ~ ~ c ~ ~ O F. W Y, V ~ t o m 0 ~ ~ m u m :_ ~ o o L ~ 3 m ~ ~ a c rn r c~ ~ ~ ai d ~ o r- r- z ? v~ rn 3 ~ x ~-- u ~ m c~ w v u~ a m o . ~~ CERTIFiCA"t'E OF LIABILITY INSURANCE aTl~YM,~°~ F~oDUeEle D0~ 2 07 B ? YF11S CERTIFICATE IS ISS EO A9 A MATTER OF INFORMATION ' Tha DlaetridQ• agency Inc QNLY ANO CONF I:R9 NO RkiIITII LMN THB CERTIFICATE , . 020 ~. s. 6th Avenus ALTER THE COVERAGE AFRp~ sYTHB POUC1ES O aelray Hsath !L 394!)3 ~ YII. DhOne t 561-Z76-5911 p'axe 561-:L76-S2S{ I R D ` IN9URER8 AFFORDIgG COV~~SE NA1G S •lsa~ 8 achDDo~wse>t OvCa lptt O ~ ~Y 6 MlSUR~A: retiKAai~ SpUtYO~ ~go~er INSUR¢Ra QO n w• 09 C1t o ®l~c ayb$•aCh 4 N >N6IJRERC; ft Del ra~•8sach ~ 33x83 INSUIVRD; THE ICK$ OF IN3tlAANCE LISTED BEL01M MA1IE B6Etl Ostl'ED TO THE tNSIUREO NAMED AiOY! FOR TN! POLICY PERI00 INpaC, ANr RioulaEMlNT. TENM OR OONDITION OF ANY CONT a ACT oR vTNEII DOCUMENT wITrI RiSP~T To wI+IcH THE! CERTIFIuT! MAY PERTAMI, THE W911MNCi AFFORDED W THE POI.It:(E8 ~lGJIIdGD HEREmI IS SUBJECT TO ALL THE TERM, E?(CLU9gNS AN -oLICIES. AOfiA!(,ATF usalTrll aNOWN MAy wvfi BEEN nlauCEp w rAla cu-ws. LTR iR ~ BV~U C - POLICY NUM9ERR T YMID ORNERAL LIAlIL11Y 1- K Y COMMERCIALGENEAALLIABIUTV CL.::Z3es40 01/23/07 01/93/01 cuu~s MAD! d ocauR L AOAREGAT@ LIMIT AMLR[S PER; Mfl'OMOlILEH WEILITY ANY AUTO 1LLL OWNS AUTOS scNSOw.EOAU,os NFWD AUT06 NCN.OWNlD AUTOS OANAOi LU1MuTY ANY AUTO ~IlcwruwlvRE~u~wllm OCCUR ~ CLANMB MA0@ D6DUCTN~G RQTENTION s 1IYORKlb OOMIPENfATION AND dMFLOYlRS' UAbN.fTY 0 FF 1CCPMiNIEII F~uNDEjtEDT ~~~ rw.....r...m w .."o.w~w.nq. uww~ RINi / g11NGV W 7 iN7.WSIDMB AGDED 1T ENDDRSEMlNT r OPlCi1N. -1IOV1lION>f 8p®ciai Hvsnt - 6 Art & Jazz c~n the Avenue. City o! Delray Heath as addiCio>nai i>nsurs8. City o! >7•iray Heath ~~ 100 S.K. ist 71van1iO a•lruy Beach FL 334" ~TW. NOtwRMSTAN0INO MAY 6E 189UED OR ~ OONDRNNrB OF SUCH LMNT! eACN OGCURIIENCE s 1000000 ~ s 50000 fAED Dlp INa ans pelswl) S ~iSONALiADYWJyRT :looooo0 GiNERALA00REtTATE s 2000000 FRODIJCTB • OOMFlOP AOO j SINGI.E LEriR = ~ ~ w°N w~ s I v ~ 0 N~ ~ f ~ PROPERTY DAMAGE s (F« AEtld~MI AUTO ONLY - eA ACCIDENT s OTMiRTHAN lAACC i AUTO Oear. AEG i sAal occuFm~cE s AOOR6GA7! >t Z 1 i T ER E.L. EACIIACCIDENT f E.L. DISEA>ff - EA EMPLOYE f l,L.OIOEABE•FOLICYLEYYT ! I.. is limed M.1\MrW\. I.1..\ CITYD-1 SNOULo ANY CF rNew•OVt oEwRl~EO rpup!! EIE CANCeLLeD NlFDI~ tNE rDIFINAT10l DATi THEREOF. THE 1>f6UING E19NRER vYILL !NDlAYOR TD MAE. 30 DAYS NIRIiiBN NOT1C! To TNR Cl11TiFICAT! MOtoaR NAMED TO THE LEFT,. WT FNWR! 10 C0 s0 s1iALL IMPadE NO OBLIGATNIN OR LIAEILITY OF ANY KINO UPON TFIE INWRlR RS AGENTS OR SPECIAL EVENT HOLD HARMLESS AGREEMENT The Delray Beach Downtown Marketing Cooperative (comprised of the Community Redevelopment Agency, Downtown Development Authority, Chamber of Commerce and -the City of Delray Beach) agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result. of loss, damage or injury to person or property arising from and in exchange for the Delray Beach Downtown Marketing Cooperative use of City Facilities or property for the special event of *-~R~ ~ ?.fez. BrY 1T~~ ,AY~'~YvE and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of _,t Rr i¢iiVG Ti¢Z ~- ON T/!~ ,~v~=~vdc~ * This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative as covered under Scottsdale Insurance Company Policy number CLS 1334466 Frank Wheat, Chairman Community Redev~looment Aaencv Louis Carb~ne,~ Chairman Downtown Development Authority William Wood, Presi nt Chamber of Commerce Robert Barcinski, Assistant City Manager City of Delray Beach Revised 4/21!06 N f+ ~.+ d Q. O U a .. t w J L ~ j3q.~ ~ Q ~ ~ a° '~~' ~ _ "~ ~~ 3 T 4~ w a -' ~~ •t ~ ~I .~~ `~°~ .;~~ .~° ~- f~ ^ 4 ~ft '~ j f ,. .- ,. r~ .. . w' T ~~ --~,.,_ -.----W~,~.. `' ~, _: , t ~ ~ ~ ~ , ~ ~`'~ 'i L~ _~~ ~ ~ :.K _ _ `~ ~ ir~ L_... 1 L ~ - i 1. ~'i~ tk ~~ .. -+.. e ..... W ~~~~µ ~IT4 OF UELRN4 BEACFG DELRAY BEACH lt)0 N.l^d 1st AVENUE • OE~~!?`r' i3~ACH. ~~OR1DA 3344 • 561!243-7J00 All-America City 1 ' 199 3 MEMORANDUM 2001 TO: Mayor and Cite Commissioners FROM: Joe Weldon, erector of Parks and Recreation THROUGH: David Harden, City Manager ~~. ~~~;~~.~~ DATE: July 18, 2007 SUBJECT: AGENDA ITEM - COMMISSION MEETING OF JULY 24, 2007 FRDAP GRANTS FOR EAGLE PARR & BEXLEY TRAIL COMMUNITY PARR ITEM BEFORE COMMISSION Request approval of, and Mayor's signature on, Agreements with Florida Recreation Development Assistance Program for a $200,000 reimbursable grant for Eagle Park and a $200,000 reimbursable grant for the development of Bexley Trail Community Park. The City Attorney has reviewed both agreements for legal sufficiency. BACKGROUND City Commission approved applying for both these grants at its August 1, 2006 meeting. FUNDING SOURCE Not applicable. RECOMMENDATION Approve both Agreements and have Mayor sign both Agreements. Ref:agendamemo Printed on Recycled Paler T H E E F F O R T A L W AY S MATTER S R*~ E , ~ - ~ ' fg j : _ rte" ~ V k ; _ ~,' _ ~ ~~~~ ~'l~~ ~ ~ 4b. ._ ~ . ';~ ~J~~ ~ I ~~.~ ., rya ~~I' ,~; ~^., ~E~s~'H, FLORIDA 33444.. ~1.t~, ~ i:SIMILE: 561/278-475 DELRAY BEACH All-America Ciry 'DATE: 1993 TO: 2001 FROM: SUBJECT Writer's Direct Line: 5611243-7091 MEMORANDUM July 11, 2007 Joe Weldon, Director of Parks and Recreation Susan A. Ruby, City Attorney FRDAP Agreements for Eagle and Bexley Trail Parks I have signed off on the agreements set forth above as to legal sufficiency and form, however, I have two comments. One, I question whether we should execute the Bexley Park Agreement if we are not able to proceed because of budget issues. Two, I wanted to point out that both agreements in Paragraph 34 require a dedication to be filed in the public records that the parks will be dedicated as an outdoor recreation site for the use and benefit of the public in perpetuity. Please call if you have any questions. SAR:ci Attachment -~3r~ ,3 ,. ~~ZOgt DEP Agreement No. F8062 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2007-08) -Development This PROJECT AGREEMENT is made and entered into this day of DO NOT DATE, 2007, by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF DELRAY BEACH, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes; and chapter 62D-5, Part V, Florida Administrative Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall apply to this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Bexley Trail Park (Florida Recreation Development Assistance .Program (FRDAP), FRDAP Project Number F08062), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034. 3. All forms referenced in this PROJECT AGREEMENT may be found at www.dep.state.fl.us/parks/oirs. Further, the GRANTEE will also receive all DEP Agreement No. F8062, Page 1 of 10 DEP 55-231 (05/07} applicable forms for administration of project with GRANTEE's copy of the fully executed PROJECT AGREEMENT. 4. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of .the following PROJECT ELEMENTS: Playground, picnic facilities, nature trail, restroom, parking and other related support facilities. These PROJECT ELEMENTS may be modified by the DEPARTMENT if the GRANTEE shows good cause and the DEPARTMENT approves the modification. 5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of the cost of the PROJECT. DEPARTMENT funding is based upon the following: DEPARTMENT Amount: $200,000.00 5C GRANTEE Match: $200,000.00 5C Type of Match: Cash/ln-Kind Services and/or Land Value 6. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the final request, the DEPARTMENT's Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation .Form, DEP Form FPS-A036, referenced in s. 62D- 5.058(7)(d) of the RULE, the DEPARTMENT will approve the request for payment. 7. In addition to the invoicing requirements contained in the paragraph above, the DEPARTMENT will periodically request proof of a transaction (such as invoice or payroll register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State guidelines (including cost allocation guidelines). When requested, this information must be provided within thirty (30) calendar days of the date of such request. The GRANTEE may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http:l/www.fldfs.com/aadir/reference%5Fguide, which GRANTEE shall follow. 8. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if fully set forth herein. A copy of this PROCEDURE has been provided with this PROJECT AGREEMENT and may also be found at httg://www.dep.state.fl.us/parks/oirs. All purchases of goods and services for DEP Agreement No. F8062, Page 2 of 10 DEP 55-231 (05/07) accomplishment of the PROJECT shall be secured in accordance with the GRANTEE's procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP ,funds disbursed for the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE's eligible wages and salaries, unless approved in advance as described herein. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 10. It is understood by the GRANTEE that the amount of this PROJECT AGREEMENT may be reduced should the Governor's Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this PROJECT AGREEMENT may be reduced by the amount deemed appropriate by the DEPARTMENT. 11. The State of Florida's performance and obligation to pay under this PROJECT AGREEMENT is contingent upon an annual appropriation by the Legislature. The GRANTEE understands that this PROJECT AGREEMENT is not a commitment of future appropriations. 12. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT in accordance with s. 62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 14. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development. DEP Agreement No. F8062, Page 3 of 10 DEP 55-231 (05/07) 15. The GRANTEE shall obtain all required local, state and federal permits and approvals prior to completion of the PROJECT construction and shall certify that it has done so to the DEPARTMENT by completing the Project Completion Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE. 16. This PROJECT AGREEMENT shall become effective upon execution by both parties and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before April 30. 2010 (hereinafter referred to as the PROJECT completion date), at which time all payment requests and completion documentation will be due to the DEPARTMENT. 17. Project completion means the PROJECT is open and available for use by the public. PROJECT must be designated complete prior to release of final reimbursement. See Rule 62D-5.054(41). 18. The GRANTEE shall maintain books, records and documents directly pertinent to performance under this PROJECT AGREEMENT in accordance with generally accepted accounting principles consistently applied, including the PROCEDURE. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this PROJECT AGREEMENT and for five years following PROJECT AGREEMENT completion or resolution of any dispute arising under this PROJECT AGREEMENT. In the event any work is subcontracted, the GRANTEE shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 19. A. In addition to the requirements of the preceding paragraph, the GRANTEE shall comply with the applicable provisions contained in Attachment 1, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment 1 summarizes the funding sources supporting the PROJECT AGREEMENT for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. A revised copy of Exhibit 1 must be provided to the GRANTEE for each amendment which authorizes a funding increase or decrease. If the GRANTEE fails to receive a revised copy of Exhibit 1, the GRANTEE shall notify the DEPARTMENT's Grant Manager to request a copy of the updated information. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F8062, Page 4 of 10 DEP 55-231 (05/07) B. The GRANTEE is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this PROJECT AGREEMENT. The GRANTEE shall consider the type of financial assistance (federal and/or state) identified in Attachment 1, Exhibit 1 when making its determination. For federal financial assistance, the GRANTEE shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the GRANTEE shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https://apps.fldfs.com/fsaa The GRANTEE should confer with its chief financial officer, audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 20. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE's noncompliance with this PROJECT AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of the final reimbursement due the DEPARTMENT. 21. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self- insurance offers protection applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. 22. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this PROJECT AGREEMENT is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. DEP Agreement No. F8062, Page 5 of 10 DEP 55-231 (05/07) 23. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 24. The purchase of non-expendable equipment is not authorized under the terms of this PROJECT AGREEMENT. 25. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant Manager shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE's Grant Manager, identified in paragraph 26, or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every January 5t", May 5th, and September 5t" of each year summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 26. Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by certified mail to the parties at the following addresses: GRANTEE's Grant Manager DEPARTMENT's Grant Manager Mr. Joe Weldon Tamika Ardley Director Florida Department of Environmental 100 NW 1st Avenue Protection Delray Beach, FL 33444 3900 Commonwealth Blvd., MS585 Tallahassee, Florida 32399-3000 27. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 28. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 29. This PROJECT AGREEMENT may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE in conjunction with this PROJECT AGREEMENT unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07, Florida Statutes. DEP Agreement No. F8062, Page 6 of 10 DEP 55-231 (05/07) 30. A. The DEPARTMENT may terminate this PROJECT AGREEMENT at any time in the event of the failure of the GRANTEE to fulfill any of its obligations under this PROJECT AGREEMENT. Prior to termination, the DEPARTMENT shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the GRANTEE an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. B. The DEPARTMENT may terminate this PROJECT AGREEMENT after three years if the Governor does not approve certification forward of the PROJECT funds. 31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for noncompliance with the material terms of this PROJECT AGREEMENT. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required and continues to accrue until the date the refund and interest are paid to the DEPARTMENT. 32. The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 33. The GRANTEE may subcontract work under this PROJECT AGREEMENT without the prior written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract. It is understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 34. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in section 62D-5.059(1) of the RULE. Land under control other than by ownership of the GRANTEE, such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the county property records by the owner, or by the GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT DEP Agreement No. F8062, Page 7 of 10 DEP 55-231 (05/07) shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 35. Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in termination of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing under Paragraph 26 of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in termination of the PROJECT AGREEMENT and shall result in the imposition of the terms in Paragraph 31. 36. In the. event of conflict in the provisions of the RULE, the PROJECT AGREEMENT and the Project Application, the provisions of the RULE shall control over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall control over the Project Application documents. 37. If the DEPARTMENT determines that site control is not sufficient under the RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 31. 38. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP grant funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 39. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this PROJECT AGREEMENT. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list which may be found at http://dms.myflorida.com/dms/purchasing/convicted suspended discriminatory complaints vendor lists. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. DEP Agreement No. F8062, Page 8 of 10 DEP 55-231 (05/07) 40. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, Florida Statutes. 41. The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 42. No delay or failure to exercise any right, power or remedy accruing to either pa-ty upon breach or default by either party under this PROJECT AGREEMENT shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 43. This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. 44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the DEPARTMENT. 45. This PROJECT AGREEMENT represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing, in the form of an Amendment duly executed by each of the parties hereto, and attached to the original of this PROJECT AGREEMENT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F8062, Page 9 of 10 DEP 55-231 (05/07) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written above. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF DELRAY BEACH gy. DO NOT SIGN Division Director (or Designee) Division of Recreation and Parks Date Address: Office of Information and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 e~ EP Grant Manager Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on May 10, 2007 for use for one year. By: Printed Name: Title: Date Address: 100 NW 1st Avenue Delray Beach, FL 33444 ~~ Grantee Attorney List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment 1 Special Audit Requirements (5 Pages) DEP Agreement No. F8062, Page 10 of 10 DEP 55-231 (05/07) ATTACHMENT 1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department'; "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or anon-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the Internet at httu://12.46.245.173/cfda/cfda.html. DEP 55-215 (02/07) DEP Agreement No. F8062, Attachment 1, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state fmancial assistance expended in its fiscal year, the recipient shall consider all sources of state fmancial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State fmancial assistance does not include Federal direct orpass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a fmancial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state fmancial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE.• This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient duectly to each of the following: DEP 55-215 (02/07) DEP Agreement No. F8062, Attachment 1, Page 2 of 5 A . The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 DEP 55-215 (02/07) DEP Agreement No. F8062, Attachment 1, Page 3 of 5 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters l0.SS0 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 yeazs from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP SS-21 S (02/07) DEP Agreement No. F8062, Attachment 1', Page 4 of 5 .-, H F~1 W 0 .y c~ • ° o ~~, y ~ ~U Q w 0 o ,~ f~ E"' ~ Q o ~ U .O . '. 0 U C d ~. :~ O w Q ~ L Q ~ z a a a~ .~ a o 'O ~ ~ w 3 w Q H 47 ~, O O ~a/~ Fri ~ ~ ~ ~ ~ ~ ~ o ~ u:az w 0 . ~ ~; • ° o O ~U d E CE L O L a O ~I 'b i. 4° ~ w V i.i '~ 0 a C :c a ~~ '~~ ' ~ F-H o w d Q ~ w U w .~ 0 U d L d Q U a A. c .fin .~ a O ~ -o w Q d U L ~ w ~ ~ .d on ~ „ o a~ O a w a Z 0 Y ~ O ~ ¢' ~ O ~ ~~ O d ~ r_~ r 1~ _ V1 C~ O N Q O O ~ O pCq a O O V d b ,^ j N ~' ~ . w 0 U d ;n ~ ~ a ~ o a ~, a~ F, Q ,~~, ~ Q c ~ A ~ u" o o ~ ° U ~ ~ o w ~ ~a ~ ~ w ~ w a ,~ +a O `~. ~' ~ rn +' v. •~ O y w d 0 U ~ w~ ~ a i ~ ~ o ~z M L d y +'d i.~ ~ ~ O ~ ~ N ~ ~ ~ C ca ~ ~ o ~" w a a c .~ ~ ~ o w b4 ~ ' '~ b 'U ~ U ~ w ~ Q O ~ aw ~ V L O a ~ ~ N ~~~ o ~' ° ~ w R az b 3 H ~~b Q .~ ~ q H ~ N U X ~1 ~ ~ ~ o ~ .~ ey U v1 C~ .fir y ^~ ~ Q~ U y cc p. ~ U O ~ z~.. Q ~ N ~ ~ ~ b O .fl U 4w~i ~ '~ o ~ ~~ bA vi CJ ~, ~ a ,~ U ~, \~ uQ -~ 4 ~U 3 b ~ U y ~ ~ ~ Q o a~ ~",~ O J-+ U ~w ~ ~; o u. Y U ~~~ Y ~I-d y O ~I ~ ..w ~3 0 ~ ~l V „~' Q ~ •--~ o U U ~ y b ~ O ~ ~w~ ~~~ ~~ ~ .?r .U O ~ ~ ~ ~ ~; ~ o~~ ~ b ~ ~ U Yb~ ~ ~ 3 'd M O _~ ~ ~ vi ~ bq N O U o~ ~.~ p. v: ~ ~ ,~.' .N.. ten-. O ~ \ ~ U w° ~ ~ . O 1!'~ d a~ a c d t w a N O 0 Z m O O ~ Vt L N ~a w Qo DEP Agreement No. F8063 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2007-08) -Development This PROJECT AGREEMENT is made and entered into this day of DO NOT DATE , 2007, by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF DELRAY BEACH, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes; and chapter 62D-5, Part V, Florida Administrative Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall apply to this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Eagle Park (Florida Recreation Development Assistance Program (FRDAP), FRDAP Project Number F08063), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034. 3. All forms referenced in this PROJECT AGREEMENT may be found at www.dep.state.fl.us/parks/oirs. Further, the GRANTEE will also receive all DEP Agreement No. F8063, Page 1 of 10 DEP 55-231 (05/07) applicable forms for administration of project with GRANTEE's copy of the fully executed PROJECT AGREEMENT. 4. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS: Picnic facilities, playground, exercise trail, open field multi-purpose, parking, landscaping and other related support facilities. These PROJECT ELEMENTS may be modified by the DEPARTMENT if the GRANTEE shows good cause and the DEPARTMENT approves the modification. 5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of the cost of the PROJECT. DEPARTMENT funding is based upon the following: DEPARTMENT Amount: GRANTEE Match: $200,000.00 $200,000.00 50 50 Type of Match: Cash/In-Kind Services and/or Land Value 6. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the final request, the DEPARTMENT's Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A036, referenced in s. 62D- 5.058(7)(d) of the RULE, the DEPARTMENT will approve the request for payment. 7. In addition to the invoicing requirements contained in the paragraph above, the DEPARTMENT will periodically request proof of a transaction (such as invoice or payroll register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State guidelines (including cost allocation guidelines). When requested, this information must be provided within thirty (30) calendar days of the date of such request. The GRANTEE may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%SFguide, which GRANTEE shall follow. 8. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if fully set forth herein. A copy of this PROCEDURE has been provided with this PROJECT AGREEMENT and may also be found at http://www.dep.state.fl.us/parks/oirs. All purchases of goods and services for DEP Agreement No. F8063, Page 2 of 10 DEP 55-231 (05/07) accomplishment of the PROJECT shall be secured in accordance with the GRANTEE's procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP funds disbursed for the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE's eligible wages and salaries, unless approved in advance as described herein. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 10. It is understood by the GRANTEE that the amount of this PROJECT AGREEMENT may be reduced should the Governor's Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this PROJECT AGREEMENT may be reduced by the amount deemed appropriate by the DEPARTMENT. 11. The State of Florida's performance and obligation to pay under this PROJECT AGREEMENT is contingent upon an annual appropriation by the Legislature. The GRANTEE understands that this PROJECT AGREEMENT is not a commitment of future appropriations. 12. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT in accordance with s. 62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 14. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development. DEP Agreement No. F8063, Page 3 of 10 DEP 55-231 (05/07) 15. The GRANTEE shall obtain all required local, state and federal permits and approvals prior to completion of the PROJECT construction and shall certify that it has done so to the DEPARTMENT by completing the Project Completion Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE. 16. This PROJECT AGREEMENT shall become effective upon execution by both parties and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before April 30, 2010 (hereinafter referred to as the PROJECT completion date), at which time all payment requests and completion documentation will be due to the DEPARTMENT. 17. Project completion means the PROJECT is open and available for use by the public. PROJECT must be designated complete prior to release of final reimbursement. See Rule 62D-5.054(41). 18. The GRANTEE shall maintain books, records and documents directly pertinent to performance under this PROJECT AGREEMENT in accordance with generally accepted accounting principles consistently applied, including the PROCEDURE. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this PROJECT AGREEMENT and for five years following PROJECT AGREEMENT completion or resolution of any dispute arising under this PROJECT AGREEMENT. In the event any work is subcontracted, the GRANTEE shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 19. A. In addition to the requirements of the preceding paragraph, the GRANTEE shall comply with the applicable provisions contained in Attachment 1, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment 1 summarizes the funding sources supporting the PROJECT AGREEMENT for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. A revised copy of Exhibit 1 must be provided to the GRANTEE for each amendment which authorizes a funding increase or decrease. If the GRANTEE fails to receive a revised copy of Exhibit 1, the GRANTEE shall notify the DEPARTMENT's Grant Manager to request a copy of the updated information. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F8063, Page 4 of 10 DEP 55-231 (05/07) B. The GRANTEE is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this PROJECT AGREEMENT. The GRANTEE shall consider the type of financial assistance (federal and/or state) identified in Attachment 1, Exhibit 1 when making its determination. For federal financial assistance, the GRANTEE shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the GRANTEE shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https://apps.fldfs.com/fsaa The GRANTEE should confer with its chief financial officer, audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 20. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE's noncompliance with this PROJECT AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of the final reimbursement due the DEPARTMENT. 21. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self- insurance offers protection applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. 22. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this PROJECT AGREEMENT is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. DEP Agreement No. F8063, Page 5 of 10 DEP 55-231 (05/07) 23. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 24. The purchase of non-expendable equipment is not authorized under the terms of this PROJECT AGREEMENT. 25. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant Manager shall be responsible for ensuring performance of its terms and conditions and shalt approve all reimbursement requests prior to payment. The GRANTEE's Grant Manager, identified in paragraph 26, or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every January 5th, May 5th, and September 5th of each year summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 26. Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by certified mail to the parties at the following addresses: GRANTEE's Grant Manager Mr. Joe Weldon Director 100 NW 1st Avenue Delray Beach, FL 33444 DEPARTMENT's Grant Manaaer Tamika Ardley Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS585 Tallahassee, Florida 32399-3000 27. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 28. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 29. This PROJECT AGREEMENT may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE in conjunction with this PROJECT AGREEMENT unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07, Florida Statutes. DEP Agreement No. F8063, Page 6 of 10 DEP 55-231 (05/07) 30. A. The DEPARTMENT may terminate this PROJECT AGREEMENT at any time in the event of the failure of the GRANTEE to fulfill any- of its obligations under this PROJECT AGREEMENT. Prior to termination, the DEPARTMENT shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the GRANTEE an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. B. The DEPARTMENT may terminate this PROJECT AGREEMENT after three years if the Governor does not approve certification forward of the PROJECT funds. 31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for noncompliance with the material terms of this PROJECT AGREEMENT. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required and continues to accrue until the date the refund and interest are paid to the DEPARTMENT. 32. The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 33. The GRANTEE may subcontract work under this PROJECT AGREEMENT without the prior written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract. It is understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 34. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in section 62D-5.059(1) of the RULE. Land under control other than by ownership of the GRANTEE, such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the county property records by the owner, or by the GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT DEP Agreement No. F8063, Page 7 of 10 DEP 55-231 (05/07) shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 35. Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in termination of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing under Paragraph 26 of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in termination of the PROJECT AGREEMENT and shall result in the imposition of the terms in Paragraph 31. 36. In the event of conflict in the provisions of the RULE, the PROJECT AGREEMENT and the Project Application, the provisions of the RULE shall control over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall control over the Project Application documents. 37. If the DEPARTMENT determines that site control is not sufficient under the RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 31. 38. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP grant funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 39. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this PROJECT AGREEMENT. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list which may be found at http://dms.myflorida.com/dms/purchasing/convicted suspended discriminatory complaints vendor lists. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. DEP Agreement No. F8063, Page 8 of 10 DEP 55-231 (05/07) 40. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, Florida Statutes. 41. The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 42. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this PROJECT AGREEMENT shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 43. This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. 44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the DEPARTMENT. 45. This PROJECT AGREEMENT represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing, in the form of an Amendment duly executed by each of the parties hereto, and attached to the original of this PROJECT AGREEMENT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F8063, Page 9 of 10 DEP 55-231 (05/07) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written above. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF DELRAY BEACH gy; DO NOT SIGN Division Director (or Designee) Division of Recreation and Parks Date Address: Office of Information and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 0 EP Grant Manager Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on May 10, 2007 for use for one year. By: Printed Name: Title: Date Address: 100 NW 1st Avenue Delray Beach, FL 33444 Grantee Attorney List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment 1 Special Audit Requirements (5 Pages) DEP Agreement No. F8063, Page 10 of 10 DEP 55-231 (05/07) ATTACHMENT 1 SPECIAL AUDIT REQUII2EMENTS The administrafion of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP'; "FDEP" or "Grantor'; or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor'; Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or anon-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the Internet at httn://12.46.245.173/cfda/cfda.html. DEP 55-215 (02/07) DEP Agreement No. F8063, Attachment 1, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities} or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apns.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (02/07) DEP Agreement No. F8063, Attachment 1, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, 1N 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 DEP 55-215 (02/07) DEP Agreement No. F8063, Attachment 1, Page 3 of 5 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (02/07) DEP Agreement No. F8063, Attachment 1, Page 4 of 5 ~--~ H F~ W 0 a}; •~ o ~ sz, ~ o ~U d Q w o a~ .C Q O U .O 0 U a d Y d a.r 0 d Q z w GYi ~ o d ~ y,y ~ w Q a~ V L 7 O N~ W ~ ~ ~o~ w ~' Z w 0 . ~ :; •;~ c c~ ~ ~ o ~U ~ ~ CeS 3r O Y. W p C ~ Q .O F. W L ~ w W y L 0 N w C V ~~I /. ti OI O Q' Q ^~ w U w O ~.+ .~ 0 U d d ~. w S Q U a ~r ~v m a ~1 ~ w Q y V i. O VOi d C ~" ~ ~ ~ a~ 'b o ~ a~ i a~ k" p: Z 0 ;; •~ 0 0 :~ ~ ~ ° a i ~ o ~ U '" Q ~I ~ + ~ .. Vi ~ C N Q p G bA ~ O ~ O U y 'O ~ N d4 ~ w 0 U o ~ u • }' ~ ~ L ~ O ai y ~ Q ~ ~ • O U Q O u" o o ~ ~ ~ •~ ~I b U ~ , ~ ~ U ~ w u" b +~ O O `" w r •~ ~ w 0 U w ~ ~ ~_ ~ ~ ~ ~ ~ ~' z M ~. d .~ ~ ~ O w ~ y ~ N ~ y r C ~ ~ ~ O ,~, ~" N w ~ 0 a a .~ ~ U o ff w ~ o w ..~I ~ • •y .~ ~ w ~ ~ ~ .~ w U L O s. ~ M iYi ~ ~ aq O :~ v' ° a Z w ~ a b 3 H ~~b ~ a~ Q H ~ .:.d ~ p,•~ U ~ ~ ~ ~ ~ o ~ U ~ ~ •~ U ,~~" ~•' .~. y ~ O. ~ U Q ~ ~ ~ ~. ~., ~ O ~ U c ~ •Q, bA vi ~ o a. Y Cd '~ ~ Y U ~, ~ ~~'~ .r ~ i--. T1 Q 14 U 3 ^U-I Y Y ~ y `n 4--i d o a~ o" ~ O 1~-i U ~ ~ Y U ~w ~ ~; o a~U a~ ~ a~ y ~ .y' .~ ~o~ ~~b ¢, fC . ~ ~ U ~ p ~ •-. U .b y ~ o `~ ~w~ ~ ~ ~ ~'~~ •~ ~. U ~ ~ ~ ~ ~ }' '-' b ~; ~ `~ Y ~ ~ U y".~~ 3 b M O r ~ ~ ~-i a~'i bqN ~ U O ~ ~"• ~ ~,~ O ~ N ~¢' O ~ y U w~~~ O tf1 N rn a c d t V r a M 0 0 Z w a~i o O ~ V1 L Na ~a w Qo Date: July 18, 2007 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: -Consent Agenda X Regular Agenda -Workshop Agenda -Special Agenda When: July 24, 2007 Description of Agenda Item (who, what, where, how much): Request approval of, and Mayor's signature on, Agreements with Florida Recreation Development Assistance Program fora $200,000 reimbursable grant for Eagle Park and a $200,000 reimbursable grant for the development of Bexley Trail Community Park. Department H d i ~ ~L~-~-`../ . Signature: W City Attorney R v ew/Recommendation (if applicable): . Budget 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: Approved for Agenda. Yes No Hold Until: Agenda Coordinator Review: Initials: (if applicable) Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~~~ FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ELIZABETH B. ALPERT, CD. PROGRAM ADMINISTRATOR THROUGH: CITY MANAGER /~.S;S1u~tG/~I DATE: JULY 18, 2007 SUBJECT: HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE COMMISSION Approval is requested for two (2) Housing Rehabilitation grant awards to the lowest responsive bidders. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts art awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. In addition, the in-house policy allows the City to award rehabilitation contracts to another responsive. bidder in the event that the lowest responsive bidder's performance on the current job is proceeding unsatisfactorily and/or the contractor has more than _three (3) open projects at any given time. FUNDING SOURCE State Housing Initiatives Partnership 118-1924-554-49.19 ($34,345.50) Community Development Block Grant 118-1963-554-49.19 ($35,474.25) RECOMMENDATION Staff recommends awarding the bid for two (2) Housing Rehabilitation projects to the verified responsible low bidder.. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 2007-49 APPLICANT: Beaubrun, Lisnord PROJECT ADDRESS: 115 Collins Avenue DATE OF BID LETTERS: 06/27/07 DATE OF BID OPENING: 07/17/07 GENERAL CONTRACTORS Alpha South Construction,lnc Brigcon Consulting Services' Cordoba Construction Co., Inc. Graftaman Plus,lnc. Haywood Construction I.Q. Construction Inc, Joines Construction & Development, LLC. M & A Builders, LLC. Morra Construction Corp. Precision Construction Group Inc. Ray Graeve & Sons Construction, LLC South FloridaCanstruction Services, Inc. StarMark Properties Sun 6ard'Builders Construction, Ine. BID AMOUNT $ .32,710:00 $ 37.,425.00 $ 41,638:80 S 48,80000 $ 41, 565.00 $ 39,085.00 In-House Estimate: $ 33,869.71 CONTRACTOR AWARDED CONTRACT: Brigcon Consulting Services BIDICONTRACT AMOUNT,: $ 32,710.00 5% Contingency $ 1,635.50 $ 34,345.50 FUNDING SOURCE: SHIP- State Housing Initiatives Partnership Program Account # 118-1924-554-49.19 COMMENTS: Most responsive bidder within 10% of in house is Brigcon Consulting Services. S:renpgrm/biddocs/bid infosheet CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 2007-48 APPLICANT: Little, Annie PROJECT ADDRESS: 800 S. Swinton Avenue DATE OF BID LETTERS: 06/27/07 DATE OF BID OPENING: 07/17/07 GENERAL CONTRACTORS Alpha South Construction,lnc Brigcan' Consulting Services Cordoba Construction Co.. Inc. .Craftsman Plus,lnc. Haywood Construction f Q. Constriction Inc. Join_es Construction & Development, LLC. ,M & A builders, LLC. Morro Construction Corp. Precision Construction Group Inc. Ray Graeve & Sons Construction, LLC youth Florida Construction Services, Inc. StarMark Properties Sun Band Builders Canstrtaction, Inc. BID AMOUNT $ 29,531.25 $ 39,250.00 $ 39,411,00 $ 43,400.00 $ 37,115.00 $ 33,785.00 Ih=Hotase Estimate: $34,815.03 CONTRACTOR AWARDED CONTRACT: South Florida Construction Services, Inc. BID/CONTRACT AMOUNT : $ 33,785.00 $°Io, Contingency $ 1,689.25 $ 35,474.25 FUNDING SOURCE: CDBG- Community Development Block Grant Account # 118-1963-554-49.19 COMMENTS: Most responsive bidder is South Florida Construction. Brigcon's bid is below 10% of in-house estimate acid has been awarded another project. First time contractors are awarded only 1 project for first time bid award. Siren pgrm/biddocs/bidinfosheet Agenda Item No.: ~ '~ Request to be placed on: Regular Agenda Special Agenda Workshop Agenda x Consent Agenda Description of item: (who what, where, how muchl: File Number Address Contractor AGENDA REQUEST Grant Amount 05110 Beaubrun Brigcon Consulting Services $ 34,345.50 06144 Little South Florida Construction $ 35,474.25 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends awarding the bid for two (2) Housing Rehabilitation projects to the verified responsive low bidders. SHIP Total: $34,345.50 CDBG Total: $35,474.25 Department Head Signature: Account Number: 118-1924-554-49.19 Account Number: 118-1963-554-49.19 City Attorney Review/Recommendation (if applicable; Budget Director Review (required on all items involving expenditure of funds): Funding Available: DES O Funding Alternattves: applicable) ~~t--~ - Account No. & Description: S~C~ Q ~ ~~ -- ~vr! !`L ' Account Balance: ~`.3 , ~ 4- Z/ 1.9 City Manager Review: Approved for Agenda: YE /NO Hold Until: ` Agenda Coordinator Review: Received: Placed on Agenda: Date: July 18, 2007 When: July 24, 2007 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS j,~ FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR'' " ELIZABETH B. ALPERT, CD. PROGRAM ADMINISTRATOR THROUGH: CITY MANAGER j ~ss,s+r.~-C.M DATE: JUNE 18, 2007 SUBJECT: A(iLNLA 11-~M V • U - 1C~(TULAK ML" L" t 11Vh yr fur REQUEST FOR SUBORDINATION FOR PASTORIA iOHNSON ITEM BEFORE COMMISSION City Commission authorization and approval to subordinate its second mortgage position in the amount of $25,775 to allow Pastoria Johnson to refinance their mortgage for a lower interest rate. BACKGROUND Pastoria Johnson of 625 SW 7`'' Avenue, participated in the City's rehabilitation program in 2006. She was assisted with funds from the State Housing Initiatives Partnership (SHIP) Program. Subsidies provided for homeownership and housing rehabilitation through SHIP funds are secured by a Promissory Note and Second Mortgage. All deferred payment loans are approved by the City Commission and require the applicant to maintain ownership/residence for a specified period according to the amount of-the subsidy provided. Amounts less than $20,000 per unit have a recorded lien for a period of ten (10) years and grant amounts equal to or greater than $20,000 but less than $5;000 per unit nave a recorded lien for a period of fifteen (15) years. If the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major' health care expense will be determined by Community Development Administrator on an individual basis) or transferred by inheritance at death, the homeowner shall immediately repay to the` City the full amount of the grant. In order for a homeowner assisted by CDBG or SHIP funds to refinance his or her first mortgage or obtairi~ a second mortgage, the City of Delray Beach must agree to subordinate its second mortgage. When the City agrees to subordinate its second mortgage, the homeowner is able to borrow against the equity in their home. The City's decision whether or not to subordinate is rendered on a case=by-case basis with the primary objective being "increasing the affordability of housing". FUNDING SOURCE No funding necessary RECOMMENDATION Staff 'is recommending Gity Commission approval of Ms. Johnson's request to subordinate its second mortgage position in the amount of $25,775. The subordination meets all the requirements of the Ciry's Subordination Policy. Prepared by and Return to: Community Development City of Delray Beach 100 NW 151 Avenue Delray Beach, FL 33444 SUBORDINATION AGREEMENT WHEREAS, undersigned is the owner and holder of that certain mortgage executed by Pastoria Johnson to CITY OF DELRAY BEACH, Florida to secure an original indebtedness of 25 775, said, mortgage being dated the January 31, 2007 and recorded on February 13, 2007 in Official Record Book 21408 Pages 905 in the Public Records of PALM BEACH County, Florida said Mortgage encumbering the following described lands situate in PALM BEACH County, Florida: Lots 6 and 7, Block 5, Rosemont Park, according to the Plat thereof recorded in Plat Book 13, Page 60 of the Public Records of Palm Beach County, Florida. WHEREAS, a portion or all and aforedescribed have been mortgaged by Pastoria Johnson to , (hereinafter called the LENDER) to secure a mortgage loan of $ said mortgage to the lender being dated and filed in Official Record Book ,Page ,Public Records of Palm Beach County, Florida. WHERAS, the LENDER would not close its mortgage loan and disburse the proceeds thereof unless its mortgage were a first lien, superior in right and dignity to the lien of the Mortgage held by the undersigned: NOW, THEREFORE, For and in consideration of One Dollar, in hand paid by the LENDER, receipt whereof is hereby acknowledged, and to induce the LENDER to disburse the proceeds of its mortgage loan aforedescribed, the undersigned do hereby represent, warrant, covenant and agree as follows: That the Mortgage held by the undersigned and described in the first paragraph of the preamble of this Indenture, together with the indebtedness secured thereby, is owned by the undersigned and that neither said mortgage nor said indebtedness has been assigned, transferred, or pledged to any person whomsoever, so that the undersigned have full right, and authority to execute this SUBORDINATION AGREEMENT. That the Mortgage held by the undersigned and described in the first paragraph of the preamble of this Indenture, and the same hereby is declared to be for all times inferior and subordinate in lien, right and dignity to the mortgage held by the LENDER hereinabove described, just as though said mortgage to the LENDER were executed, recorded and closed prior to the execution of the mortgage held by the undersigned and herein subordinated. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of 2007. Signed sealed and delivered in the presence of: Witness (Print) Witness (Print) State: FLORIDA County of PALM BEACH CITY OF DELRAY BEACH By: Print: Address: 100 NW 15` Avenue, Delray Beach, Florida 33444 The foregoing instrument was acknowledged before me this day of , 2007 by as, Mayor of City Delray Beach, He/She is personally known to me or has produced a driver's license as identification Notary Public Printed name: My Commission Expire: (SEAL) Approved as to form and legal sufficiency: ~,~f By: '~~~ GZti 1~~---_ ~}- ity Attorne ~/~ Q /'~ 8T AGENDA REQUEST Request'to be placed on: Date: June 18, 2007 Regular Agenda Special Agenda Workshop Agenda x Consent Agenda When: June 24, 2007 Description of item: City Commission authorization and approval to subordinate its second mortgage position iri the amount of $25,775 to allow Pastoria Johnson to refinance their mortgage for a lower interest. Recommendation: Staff is recommending City Commission approval of Ms. Johnson's request to subordinate its second mortgage position in the amount of $25,775. The subordination meets all the requirements of the City's Subordination Policy. Department Head Signature: City Attorney Review/Recommendation (if applica~e): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO/N/A Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agend • YE /NO~~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action : Approved/Disapproved MEMORANDUM To: MAYOR AND CITY COMMISSIONERS From: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ELIZABETH ALPERT, CD ADMINISTRATOR ~. Through: CITY MANAGER-~ Subject: AGENDA ITEM # EJ• I"1 -REGULAR MEETING OF JULY 24, 2007~AMENDMENT TO CAPER ~FY2005-2006) ITEM BEFORE THE COMMISSION: Approval of an amendment to the 2005-2006 Consolidated Annual Performance and Evaluation Report (CAPER) as requested by the United States Housing & Urban Development Agency (HUD) and the Office of Fair Housing and Equal Opportunity (FHEO) in their correspondence dated March 12, 2007. BACKGROUND: The CAPER serves to meet performance reporting requirements of the Community Development Block Grant (CDBG) program by HUD pursuant to the regulations established under 24 CFR 91.520. At the December 5, 2006 meeting, City Commission approved the 05- 46. CAPER and it was subsequently submitted to HUD. Upon their review of the document it was requested that the City provide additional information as it relates to Affirmatively Furthering Fair Housing. On April 25, 2007, the City responded, in detail to the request. The following amendment to the 05-06 CAPER reflects the additional information as provided in that letter. The amended section can be found on pages 5-10. FUNDING SOURCE: N /A RECOMMENDATLON: Staff recommends. approval of-.the amendment to the 05-06 CAPER. .:~ T ;~ ; ' .,. ~r, r° DELRAY BEACH .... .,. :.~, ,.' :.-v~.A~ .:,:~~~ ` o " ~ ~ 100 N.w. 1st AVENUE s DELRAY BEACH, FLORIDA 33444 ®t 561!243-7000 All-AmedcaCi Aril 25, 2007 1 Maria R. Ortiz-Hill, Director Community Planning and Development 4DD ~1. S. Department of Housing and Urban Development 1993 Region IV, Miami Field Office Zoos Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131-3028 Subject:City of Delray Beach Annual Community Assessment! 2005 Program Year Dear Ms. Ortiz-Hill: This letter is in response to HUD's Annual Community Assessment of the City of Delray Beach's CDBG program for fiscal year 2005-2006. The City's overall performance was rated satisfactory, but concerns were noted in the areas of Performance Measurements and Fair Housing. Below please find each of the concerns addressed in your letter dated March 12, 2007 as well as the City's response. Performance Measurement Although HUD received some information from the City's CPMP tool, it has been requested that the City provide specific narrative regarding the output and outcome for each measurement selected. Attached please find the "Performance Measure Narrative" which specifically defines outputs and outcomes for each of the City's CDBG funded activities. FHEO Concerns - Provide a detailed narrative on the updated Al, as it relates to the City's Certifications to Affirmatively Furthering Fair Housing. The narrative should list the identified impediments and the action. taken, during the subject program year, to address those impediments. Provide a detailed narrative regarding the activities that serve minority persons and persons with disabilities. This information should include names and dollar amounts. The City of Delray Beach recognizes that furthering fair housing means an Analysis of Impediments (AI) to fair housing choices must be completed and actions to mitigate or eliminate impediments identified-must be taken. During FY05-06, a formal study of impediments was not undertaken however, the City, through several initiatives and programs, identified and addressed several additional fair housing issues that were not reflected in the 05=06 CAPER. During FY2007- 2008 the City will engage an outside consultant to prepare a formal Analysis of Impediments to Fair Housing Choice (AI). Mandated by HUD, the AI shall comply with the City's certification to affirmatively further fair housing. For FY2005-2006 the identified impediments and the actions taken to address these impediments has been supplemented per the request of HUD correspondence dated March 12, 2007. Four specific activities ,have been added since submission of the FY05-06 CAPER. Following this response, the City will formally amend its CAPER to reflect the additional impediments and actions pertaining to the following projects: Bias in Lending/ Housing -Education & Outreach Program, Printed on t~ecycled Paper ~'~ ~ ~ ~ r- ~ ~ ~ i-WAYS AT T E R ~ 1 Affordability - A Barrier to Fair Housing, Discrimination law suit against High Point condominiums; R.A.C.E. Relations study and program implementation. Attached is a detailed narrative entitled "Supplemental Information Re: Fair Housing" which specifically addresses the concerns noted. If you have any additional questions, or need further information, please contact Elizabeth Alpert at (561) 243-7282. Si cerely, Lul Butle .Director 'Community Improvement Attachments: .Performance Measure Narrative Supplemental Information Re: Fair Housing Cc: Sylvia Green, Senior Civil Rights Investigator/Analyst t [R4 OF OEUINY Bfll[II Consolidated Annual Performance and Evaluation Report (CAPER) Fiscal Year 2005-2006 Community Development Block Grant (CDBG) Lula Butler, Director, Community Improvement Department Elizabeth Alpert, Administrator, Community Development Division City of Delray Beach Community Improvement Department Community Development Division 100 NW 1St Avenue Delray Beach, Florida 33444 * As Amended by City Commission July 24, 2007 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 City of Delray Beach Community Development Block Grant (CDBG) TABLE OF CONTENTS I. Introduction .................................................................................. . IL Assessment of Actions Taken to meet Three- to Five- Year High Priority Goals and Objectives .................................................. IIL Affirmatively Furthering Fair Housing .............................................. IV. Analysis of Impediments ................................................................ V. Affordable Housing .............................:..........................,........:.:. VI. Continuum of Care Narrative .......................................................... VII. Other Actions ............................................................................... VIII. Leveraging Resources ...................................................................... IX. Citizen Comments ......................................................................... X. Self-Evaluation .............................................................................. XI. Additional (Narrative Statement) Issues ............................................. a Use of CDBG Funds in Relationship to Consolidated Plan............ b. Efforts in Carrying out Planned Activities ................................. e: Benefiting the National Objectives ............................................. d. Activities Involving Occupied Real Property ............................... e. Economic Development Activities Undertaken ............................. XII. Public Participation /Additional Requirements .................................... XIII. Attachments a. Advertisement -Notice of Availability of CAPER b. Table 1. Measurable Targets vs. Accomplishments in Housing c. Map of CDBG Target Area d. IDIS Generated Reports 1 1-4 4 5-10 11 -13 13-14 14 -19 19 20 20-21 22-23 22 23 23 23 23 23 1 2005 Consolidated Annual Pertormance and Evaluation Report October 1, 2005 -September 30, 2006 I. INTRODUCTION In 2005, the 2005-2010 Consolidated Plan was written and approved by City Commission. The Plan outlines strategies to achieve decent housing, suitable living environments, and expanding economic opportunities primarily for the benefit of low- and moderate-income persons. The Consolidated Plan is updated every year through an Annual Action Plan, detailing the activities to be undertaken and resources to be used to achieve the goals and objectives of the 5-Year Plan each year. The Consolidated Annual Performance and Evaluation Report (CAPER) reports on the accomplishments of each Annual Action Plan. It provides a concise reference to compare anticipated work with actual performance. The Fiscal Year 2005-2006 (October 1, 2005 through September 30, 2006) CAPER will be the first of this Consolidated Plan. The Community Development Division considers this report to illustrate the City's considerable progress in achieving community goals and objectives collectively identified in the Consolidated Plan. In addition to summary descriptions of each funded activity, the CAPER includes maps, brief narratives highlighting other aspects of the CDBG program and required Integrated Disbursement and Information System (IDIS) reports. This Report was made available fora 15-day public review and comment period beginning November 17 through December 4, 2006. Copies were placed at the Delray Beach Public Library and the Department of Community Improvement, Community Development Division offices, located at 100 NW 1St Avenue, Delray Beach, FL 33444. II. ASSESSMENT OF ACTIONS TAKEN TO MEET THREE- TO FIVE- YEAR HIGH PRIORITY GOALS AND OBJECTIVES To accomplish the goals set for neighborhood revitalization direct benefit in the form of housing and various other identified needs, the City made funding available from the Community Development Block Grant {CDBG) Program ($663,871), State Housing Initiatives Partnership (SHIP) Program ($459,760), Hurricane Housing Recovery (HHR) Program ($1,000,000) City funded Neighborhood Housing "Bootstrap" Program ($24,915), Children Service Council (CSC) Grant ($853,622), and the Community Redevelopment Agency's West Settler's Historic District Rehabilitation Program ($26,064). A total of $3,028,232 was made available to provide community identified priority needs benefiting very low, low and moderate-income residents during the 2005-2006 Fiscal Year. 2 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 During this first year of the Five Year Consolidated Plan, the City of Delray Beach pursued efforts to stabilize deteriorating conditions and revitalize neighborhoods throughout the Community Development Block Grant (CDBG) Target Area in order to improve the overall quality of life for our citizens. The City of Delray Beach has continued its efforts to support neighborhood associations, beautification, street and infrastructure improvements and development of the historic downtown area. As a direct result of the City's on-going comprehensive rehabilitation and homebuyers programs, property values have continued to increase and the goal of stimulating the housing market through private construction activity has been met. The Department of Community Improvement continues to provide concentrated code enforcement, investments in infrastructure, neighborhood improvements, opportunities for homeownership and housing rehabilitation through the various programs and investment strategies highlighted in this annual report. The City's capacity to increase innovative affordable homeownership activities has been enhanced considerably over the past year due to the inception of the Delray Beach Community Land Trust. The City also continued its Disaster Assistance Programs available to low/mod- income households in the wake of Hurricane Wilma. The City took action by proactively participating in providing additional resources to fund blue tarps as well as providing assistance to households in need of home repairs and in extreme cases, home replacement. The City is pleased to report that it was successful in meeting the housing delivery goals established under its Annual Action Plan, assisting 15 housing units utilizing- a combination of CDBG, SHIP and City General Fund dollars. In addition, the City expended over $144,050 in SHIP Disaster assistance funds for eligible households, benefiting approximately 25 homeowners. Housing investment activities included existing owner-occupied housing rehabilitation, lead-based paint testing and abatement, exterior improvements, rehabilitation of investor-owned properties, and first time homebuyer purchase assistance programs. Tn accordance with the City's Five Year Consolidated Plan (Priority Needs Summary table), Owner-occupied housing rehabilitation household income ranges of 0-30%, 31-50% and 51-80% of median for the area are given a "High Priority". Housing accomplishments in accordance with these priorities are provided below. In terms of homeless needs, the Consolidated Plan table lists Outreach Assessment and Transitional Shelters for families and Permanent Supportive Housing for Persons with Special Needs as "High Priorities" as well. Accomplishments are provided in the Continuum of Care section of this report. During the reporting period, the Department also addressed the following "High Priorities" listed in the 3 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 Consolidated Plan as "Priority Community Development Needs": Neighborhood facilities, Childcare Centers, Parks and/or Recreational Facilities, Sidewalk Improvements, Youth Services, Neighborhood Outreach, Crime Awareness, Fair Housing Counseling, subsidized Childcare Services and Code Enforcement (non- CDBG). Individual priority accomplishments are reflected below by funding source. CDBG funds provided direct monetary assistance for subsidized childcare services, enhancement of neighborhood services, housing counseling and emergency intervention programs, targeted area sidewalk installation, and fair housing education. All funded activities are considered to be "High Priorities" in accordance with the City's Five Year Consolidated Plan. Geographic Distribution of Funds All activities undertaken during the program year were carried out primarily in the Community Development Block Grant (CDBG) Target Area (see attached map) consisting of census tracts 65.02, 67, 68.01 and 68.02. 2000 Census income data reveals these census tracts are the areas of lowest per capita income, lowest median household income and lowest family income in the City. Census Tract Census Census Census Tract 65.02 Tract 67 Tract 68.01 68.02 Total Tract 2588 2305 6149 3437 Po . Minority 1897 2233 5586 3216 Po . Minority 73.30% 96.88% 90.84% 93.57% Po . 2000 Census data also indicates Census tracts 65.02, 67, 68.02 and 68.02 have the highest concentration of minority populations. Overall, Delray Beach's minority population makes up 34% of the City's entire population, with the CDBG target area have a minority population of 89% III. AFFIRMATIVELY FURTHERING FAIR HOUSING The City continually pursues diverse avenues in expanding its philosophies and community involvement to affirmatively further fair housing. During this review period the City of Delray Beach continued to provide CDBG assistance to the Fair Housing Center of Greater Palm Beaches (FHC) Inc., anon-profit fair housing organization. Although FHC, Inc. does not have the authority to enforce fair housing regulations, the organization accomplishes its goals through public education 4 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 seminars and the ability to initiate legal proceedings against housing providers accused of violating fair housing laws. The activities of FHC, Inc. are focused throughout Dade, Broward and Palm Beach Counties (including the City of Delray Beach). During this review period FHC, Inc. conducted a total of 5 educational workshops/seminars as contracted. The same were provided for civic organizations, students at area schools, local realtors, and community based organizations. In addition, the City continued to utilize its in-house Rental Inspector, who operates under the Code Enforcement Division. In addition to providing one-on-one landlord/property manager trainer sessions, referrals for conflict resolution services involving fair housing issues and formal mediations related to landlord-tenant law, the Rental Inspector refers clients to FHC as part of the contracted services under its CDBG sub recipient agreement. IV. ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE The City of Delray Beach recognizes that furthering fair housing means an Analysis of Impediments (AI) to fair housing choices must be completed and actions to mitigate or eliminate impediments identified must be taken. For FY2005-2006 the identified impediments and the actions taken to address these impediments has been supplemented per the request of HUD correspondence dated March 12, 2007 and furthermore, the'CAPER has been amended as of 'July 24, 2007 to reflect the following additional findings. Four specific activities have been added since submission of the FY05-06 CAPER. Those activities areas follows.. L .Bias in Lending/ Housing -Education & Outreach Program 2. Affordability - A Barrier to Fair Housing 3. Discrimination law suit against High Point condominiums 4. R.A.C.E. Relations study and program implementation Education & Outreach Initiative Impedi.ment• Bias in lending: Evidence suggests that members of certain protected. classes (such as, racial and ethnic minorities) experience disparatetreatment when applying for housing financing in some: of the state`~`Metropolitan Statistical Areas. Housing Education: Effort is needed to educate rental property. owners and tenant about fair housing laws, rights,'~nd responsibilirics. 5 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 Action Tak~n~ The City, through its partnership with the Fair Housing Center of the Greater Palm Beaches, provided counseling sessions to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief for residents of Delray Beach, including school-age children and community organizations. The seminars provide information on fair housing laws, Community l2einvestment Act regulations and affirmative marketing requirements for developers, real estate brokers, property managers, financial institutions, and the media/advertising industry. Sessions were provided to more than 450 individuals during FY05-06. The City continued to utilize its in-house Rental Inspector, who operates under the Code Enforcement Division. In addition to providing one-on-one landlord/property manager trainer sessions, referrals for conflict resolution services .involving fair. housing issues and formal.: mediations related to landlord-tenant law, the Rental Inspector refers clients to FHC as part of the contracted services under its CDBG sub recipient agreement. Funding Spent on this Program; $5,000 CDBG funding $56,462 City -General Revenue -Rental Housing Inspector Salary & Benefits $3,000 City -.:General Pevenue -supplies, materials, meeting rooms & refreshment costs Affordability - A Barrier to Fair Housing Impediment: Although low-income persons are not a protected class under the Fair Housing Act, it has become clear in the.:City of Delray Beach that housing costs restrict fair housing choice. Lack of affordable housing has a disparate impact on Delray Beach's fair housing protected classes whose members generally tend to have lower incomes. To address this situation, the City joined in a collaborative effort with the Community Redevelopment Agency and Delray Beach Housing Authority to design a solution to the affordability impediment. Action Taken: The Delray :.Beach Community Land Trust (CLT) was developed as a long term solution to eliminating barriers to affordability in housing by providing an affordable housing stock within the City= in perpetuity. The CRA put forth $100,000 in funding to support the :project and during FY05-06 the lion share of planning for this new organizatit~n .took place. In addition, over the course of FY05-06 the City 6 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 transferred `deeds on 9 lots cover to the CLT to utilize as part of the affordably housing stock. In July of 200f~, the City transitioned its First Time Homebuyer Program, which provided traditional down payment assistance, into aSub-recipient Partnership Program with the Community Land Trust for the purpose of creating even more affordable purchase prices. Under the Sub-recipient Housing Partnership Program, subsidy is awarded (based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs pf ,each eligible unit. This strategy enhances each unit's affordability by keeping the subsidy joined to the unit as apposed to the occupant. Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit`s affordability.in perpehiity. ln`this partnership with the CLT, the City also agreed to provide gratis office space at'its Neighborhood Resource Center (NRC).` CDBG funds were utilized in FY05-06 to rehabilitate an existing City `awned Police sub-station within the established CDBG target area for use as an NRC. Additionally, comprehensive pre housing counseling is being provided as a component of Community Land Trust program. Funding Spent on this Program: $ 50,000 City provision of in-kind office space $373,000 SHIP funding allocated annually to CLT program $900,000 land value - 9 lots deeded over from City to CLT $100,00 CRA funding $600,000 land value - 8 lots deeded over from CRA to CLT Discrimination law suit against High Point Condominiums Impediment: High Point, a Delray Beach 55 + community attempted to deny an African-American resident the right to purchase a condominium i1z the neighborhood based on her race/color. Action Taken: The Fair Housing Center of the Greater Palm Beaches took the .case on pro Bono and ultimately succeeded in establishing a settlement agreementbetween the plaintiffs and the homeowners of Highpoinf of .Delray 'Beach Condominium Association Section One, requiring them to pay $150,000 in order to end the suit. The lawsuit, which was referred to the FHC from the state of Florida CondoOmbudsman office, was filed on behalf of the plaintiffs by FHC Cooperating Attorney jene Williams-Rhoads, a partner in the law firm Liggio, Benrubi and Williams. 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 funding Spent on this Program: N/A R A.C.E. Relations StudX and Program Implementation Impediment: _ In 2002 the Delray Beach City Commission established a goal of "Community Unity". To`that end, the Relationship between Authorities, Citizens and Experts ~R.A.C.E.} initiative, a proactive approach to identifying key issues of concern and developing plans to address them, was established. According to many top black and white business and civic leaders positive and sometimes challenging issues regarding race are addressed daily in management of the city's affairs.. In December of 2004, ttivo ;public meetings were held at Old School Square to confront the issue of race relations in Delray Beach. This was the City's initiative and a bold move by: the City Commission to examine perceptions and attihides that result in differences between communities. The central purpose of the meetings; employing "computer tracking of responses of spontaneous public comments, was whether those differences posed adversity or oppartunities for all 'residents of Delray Beach. The report is the result of those meetings and a number of interviews conducted by Sam Mathis, the City's R.A.C.E consultant in partnership with the Con-census Group; community strategy specialists. The.R.A.C.E. initiative report includes t`vo assessments. The Demographic Assessment points to trends that offer opportunity for Delray. Beach to leverage its growing diverse population. For instance, the percentage of the black population far exceeds that of the comparable representation inPalm Beach County and the state of Florida. In addition, Delray Beach's Asian population more than doubled in the last 10 years. Also, the percentage of Haitians in Delray Beach is one of the highest in the United States. The Stakeholder Assessment .reveals a community proud of its accomplishments and growth, Regardless of race, people ,love DelrayBeach and want to see it continue to succeed,. The individual interviews and public forums that helped direct this report were lively and well attended. Both- represented the continued belief in a collaborative approach to governance that has been a cornerstone for Delray Beach. The repork concludes with recommendations and next steps to establish accountability for actions so that the concerns expressed result in further education, communication and change management for a better Delray .Beach. 8 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 Action Taken: Upon complerion of thereport, Delray Beach confronted the issue of race relations head-on with a series of workshops, discussion groups aid concrete'nitatives over the course of FY05-06 that resulted'in a varieEy of positive initiatives including: Study Circles- This ongoing. effort brings residents together for in-depth discussions of race and ethnicity'. Study circles :help to forge friendships and break down barriers by encouraging people to share their experiences in a safe environment. Police Advisory Board-This citizens'. group serves as an official advisory bt~ard to the Police Chief and City Commission on issues of community concern arid opportunity regarding law enforcement. Community Dinners- Twice a year the City brings diverse neighborhoods together for fellowship and fun. Workforce Planning- The City's Human Resources Department is providing department heads with guidance and policies designed to foster a more diverse workforce. Education= The initiative works closely with our Education Board and local non- profits to promote community programs and activities for youth. Too often, parents are unaware of the resources available in our community. Plans are und~r~~~ay to have students get involved in study circles and other activities designed to foster better relationships and understanding. Funding Spent on this Program: $12,000 City -General Revenue toward Study Circles $3,500 City -General Revenue toward Community Dinners In-kind Staff support and supervision - Shady Circles, Police Advisory Board $60,000 RACE Relations -:Consultant Services In addition to the identified impediments listed in the above amendment the actions taken during 05-06 to address impediments also includes the following. This portion of the Fair Housing Section was originally submitted as part of the CAPER: Impediment Action Taken Redevelopment successes have inherently City amended its Local Housing Assistance translated into increased land costs affecting Plan to create a strategy allowing the additional affordable infill development; this Community Land Trust to utilize up to overall increase in costs acts as a barrier $75,000 in subsidy to buy down construction costs of CLT homes; thereby creating units that will remain affordable in er etui , 9 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 regardless of increasing land cost. City implemented its Family/Workforce Housing Ordinance, providing regulations and incentives that encourage developers to build affordable units along with market rate housing. FY05-06 saw the City's first development under this ordinance, which resulted in 20 units sold to buyers at or below 120% of the median income. Imvediment I Action Taken Economic and education barriers continue to inhibit homeownership opportunities in some cases City provided outreach and education efforts regarding fair housing to more than 450 individuals through its partnership with the Fair Housing Center of the Greater Palm Beaches, Inc. A lack of comprehensive pre and post closing credit and budget counseling services available to homebuyers. Services are needed in order to ensure stability of ownership and long-term affordability A dramatic increase in hurricane damages incurred by residential households caused increased costs in rehabilitating and hardening of owner-occupied units 'The lack of one centralized clearing house to disseminate information affordable housing options and programs available to residents The lack of marketable titles for numerous remaining vacant parcels within the CDBG and CRA Target Areas has translated into a decrease in the flow of new affordable unit construction Comprehensive pre housing counseling is being provided as a component of Community Land Trust program. City applied to the Department of Community Affairs to access $950,000 in Disaster Recovery Initiative (DRI) funding in order supplement the City's rehabilitation program. Under this proposal the City will assist up to 40 additional owner-occupied single family units in repairing and hardening their homes to prevent further hurricane damages. City utilized CDBG funds to rehabilitate an existing City Police sub-station within the established CDBG target area for use as a Neighborhood Resource Center (more information in part VII of this document), which currently houses the Community Land Trust offices. Identifying vacant properties with "clear titles" within the established CDBG target area is being provided as a component of the City's Housing Renaissance Program by the V. AFFORDABLE HOUSING ACTIONS to 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 Eliminating barriers to affordability is a primary objective of the Community Land Trust programs and grants for housing rehabilitation. During this review period, the City continued to promote affordable housing through its Community Development Division. Various resources (as described throughout this report) are utilized to maintain and expand the City's inventory of affordable units. The Five- Year Consolidated Plan determined that all three household income categories are prioritized as follows: "Very Low" 0-30%, "Low" 31-50%, "Moderate", 51-80% During this review period, priority housing needs were addressed as follows: A. Owners Priority # 1: Extremely Low Income (0-30% ELI) and Very Low-Income (31-50% VLI) Existing Homeowners and First-Time Homebuyers; and Low-Income (51- 80% LI) First-Time Homebuyers: Communitu Development Block Grant (CDBG) 11 owner-occupied units were completed (full rehab and emergency repair) with a total of $111,126 CDBG funds, providing housing rehabilitation at approximately $10,102.36 per unit. Of the households assisted 8 were in the Extremely Low Income Category, 1 Very-Low and 2 Low. Additional units are currently underway. Priority # 1: Very Low Income (0-30% MFI) and Low-Income (31-50% MFI) Existing Homeowners and First-Time Homebuyers; and Moderate-Income (51- 80% MFI) First-Time Homebuyers: State Housing Initiatives Partnership (SHIP) Program (for owner-occupied rehabilitation) 2 owner-occupied units were completed (full rehabilitation) with a total of $34,905 SHIP Program funding, providing housing rehabilitation at approximately $17,452.50 per unit. Both of the assisted households were within the very low- income category. State Housing Initiatives Partnership (SHIP) Disaster Assistance Program (~ owner-occupied units) Payment of insurance deductibles and cost of non-insured repaired were completed for twenty six (26) owner-occupied units with a total of $144,050.10. The maximum award allowed under the City's disaster assistance strategy is $15,000. 10 of the assisted households were within the very low-income category. 8 assisted households were within the low-income category and 8 assisted household were within the moderate-income category. 11 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 Cit~u o. f Delray Beach Neighborhood Housing Program -Strategic Task Teams The City allocated $250,000 toward its Strategic Task Team initiative which developed Neighborhood Action Plans for three neighborhoods. These plans were created with a goal to reverse any current deterioration and stabilize each neighborhood with the infusion of public funds to support enhancements. Plans were designed to add a direct benefit to the community and provide aesthetic improvements. These improvements in turn aim to increase property values and improve public safety. City of Delray Beach Neighborhood Housing Program -Bootstrap Rehabilitation Program (for owner-occupied rehabilitation) Three (3) owner-occupied units were completed (exterior improvements) with a total of $24,915 in City funded Bootstrap Program dollars, providing improvements at approximately $8,305 per unit. 1 of the assisted households was within the very low-income category. The remaining 2 assisted households were within the low- income category. 2 of the households assisted are classified as Black, non-Hispanic, and 1 household is classified as White-Hispanic. Community Redevelopment Agency -West Settlers Historic District Rehabilitation Program for exterior improvements to residential structures within the Redevelopment Area) A total of 3 units were completed during the reporting period under this program. B. First-time Homebuyer Program -Delray Beach Community Land Trust Priority # 1: Very Low Income (0-30% MFI) and Low-Income (31-50% MFI) Existing Homeowners and First-Time Homebuyers; and Moderate-Income (51-80% MFI) First- Time Homebuyers. In order to assist clients at or below 80% of the area median income, the City adjusted the amount of maximum subsidy available to assist eligible homebuyers to $75,000 on January 7, 2006. In July of 2006, the City transitioned its First Time Homebuyer Program, which provided traditional down payment assistance, into aSub-recipient Partnership Program with the Community Land Trust (CLT) for the purpose of creating affordable homeownership opportunities. Under the Sub-recipient Housing Partnership Program, subsidy is awarded (based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs of CLT units. This strategy enhances each unit's affordability by keeping the subsidy joined 12 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 to the unit as opposed to the occupant. Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit's affordability in perpetuity. In addition, the City continued to implement its Family Workforce Housing Ordinance which was adopted in November 2004. The Ordinance provides regulations and incentives to encourage developers to build housing within the City's CDBG target area; and includes and preserves the Family/Workforce housing along with market rate housing. Performance criteria contained in the Ordinance controls the proportions of workforce housing to market rate housing in terms of bedroom sizes, for sale and for rent, and housing product types, as well as in other ways that would promote development of workforce housing units. Covenants and restrictions apply to both for sale and for rent workforce housing to ensure sustained affordability for a longer term. The intention of this policy is to make affordable and diverse housing opportunities available throughout the City. During FY 05-06, the first development utilizing this ordinance, Swinton Square, was completed, resulting in twenty (20) units sold to buyers at or below 120% of the median income. VI. CONTINUUM OF CARE NARRATIVE During this reporting period, CDBG funds were allocated to the Urban League of Palm .Beach County for purposes of providing credit counseling, emergency intervention programs and referral services (many of which prevent further occurrences of homelessness). These services are provided to very low and low- income families and are designed to intervene and educate in an effort to prevent further incidences of homelessness. During this time, the Urban League's South County Office provided these services to approximately 91 eligible households / 150 persons within the City of Delray Beach. Funds were also provided to FHC, Inc., in support of fair housing outreach and education. Fair housing workshops and seminars are designed to benefit all persons (particularly those normally subject to housing discrimination). Atotal of five workshops/seminars were conducted within the City of Delray Beach. The Palm Beach County Continuum of Care is the county-wide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. Under the auspices of the Homeless Coalition of Palm Beach County, Inc., and in concert with PBC government, together with dedicated representatives of local government, business, homeless provider agencies, formerly homeless persons, 13 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 advocates, and other interested participants, regular meetings of the Service Provider Network are conducted to provide a forum for information sharing and for discussion of issues relating to homelessness and service to the homeless. Additionally, the Homeless Assessment Center (which encompasses service to the City of Delray Beach) provides immediate assistance to the chronically homeless identified through referral sources such as law enforcement, faith based organizations, criminal justice system and concerned citizens. The PBC Continuum of Care Collaborative coordinated the mini-application process to select the agencies that would apply directly to HUD for funding. The agencies contracted directly with HUD and funds were disbursed in support of transitional housing and support services for homeless individuals and families on a countywide basis to assist the homeless in their transition from homelessness to self- sufficiency. VII. OTHER ACTIONS Actions undertaken to address obstacles to meeting underserved needs and to foster and maintain affordable housing include implementation techniques, providing density bonus points and development fee waivers. Actions to Overcome Gaps in Institutional Structure During FY05-06, the City utilized CDBG funds to rehabilitate an existing City Police sub-station within the established CDBG target area for use as a Neighborhood Resource Center (NRC). The Neighborhood Resource Center's mission is to enrich the quality of life of City residents and promote a sense of community through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. The NRC now serves as office space for organizations and agencies such as the Community Land Trust, United Way Prosperity Campaign, Families First, Coalition for Community Renewal (formerly Weed & Seed), CROS Ministries/ Caring Kitchen, as well as a 2 City funded positions including a Staff Assistant and Neighborhood Planner. Services provided on-site at the NRC include: Neighborhood Services • Information Clearing House • Maps & Databases of Neighborhood Associations • Neighborhood Resource Library • Technical Assistance to Grass Root Organizations • Meeting Space • Mailing Labels, Creating & Distributing Notices 14 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 • Volunteer/ Civic Engagement • Mentoring Programs • Technical Assistance to community-based organizations engaging residents and sustaining involvement • Workshops and training including classes such as: o Neighborhood Pride Grant workshop o Making City Hall Work for You o How to be a President or Chairperson o Neighborhood Crime Watch o Nutrition and Wellness Community Land Trust • Sales office for purchase of CLT single family homes, town homes and condominiums • Homebuyer education and CLT workshops • Access to SHIP subsidy dollars Families First • Family Self-Sufficiency and support services • Parenting Skills United WaY Prosperity Campaign • Career path assessment • Educational/vocational training & planning • Admissions & financial aid counseling • Support services (placement testing, remediation, tutoring, mentoring, etc.) • Soft Skills training • Money Management • Financial Literacy • Credit Counseling & Financial Literacy • Credit Repair • IDA savings account ($2 to $1 match) • Assistance gaining access to programs such as o Food Stamps o Medicaid o TANF o LIHEAP o KidCare o Child Care Subsidy o EITC and other Tax Credits o Silver Saver Prescription Benefits 15 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 Coalition for Community Renewal • Referral services to ex-offender re-entry program servicing the CDBG target area CROS Ministries/ Caring Kitchen • Immediate needs assistance such as: o Food or food vouchers o Prescriptions o Access to clothing/ hygiene products o Assistance in accessing medical treatment, doctors appointments o Assistance in accessing SSA, WFA, etc. • Non-emergency needs assistance such as: o Assistance in accessing various public services o Greyhound tickets/ travel o Declaration of Domicile o Obtaining identification cards Actions to Enhance Coordination The City of Delray Beach has a number of successful groups and committees that currently work together to provide an effective delivery system for affordable housing production and services throughout the City. A variety of organizations, including local housing organizations such as the Delray Beach Housing Authority, the Delray Beach Community Redevelopment Agency and the City collaborate regularly to try and serve as wide a range of persons as possible throughout the City. Among the current initiatives underway include a redevelopment plan for the City's public housing complex (Carver Estates) which was condemned after Hurricane Wilma, the West Settlers Historic District Revitalization, and the Mayor's Relationships between Authorities, Citizens & Experts (RACE) Initiative. Actions to Improve Public Housing The Delray Beach Housing Authority's Carver Estates Public Housing Project is the only public housing located in the jurisdiction of Delray Beach. T'he project is within the southwest section of the designated CDBG target area and is in census tract 68.01. Carver Estates is adjacent to Auburn Trace, an affordable rental complex consisting of 256 units developed under the Urban Development Action Grant (UDAG) with the area designated as a "pocket of poverty." Carver Estates was built in the early 1970's and although maintained by the Authority with its limited resources, the buildings deteriorated over time. The Housing Authority applied for funding under the HOPE VI federally funded program to provide homeownership opportunities, rental assistance, job placement 16 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 and other social service needs to prepare residents for occupying the new development. Damages from Hurricane Wilma were so significant the entire complex was declared as "unsafe for occupancy" by the City's Chief Building Official. The buildings are currently vacant and dilapidated. The City, on behalf of the Housing Authority, has applied for funding through the Disaster Recovery Initiative to demolish the entire complex. The City is proposing to use the funds to demolish the Carver Estates Public Housing Project eliminating a severe slum and blighted condition occurring on the site. The demolition of the structures will address the health issues related to rodents, odor and significant mold infestation now appearing within the units. The use of these funds will also eliminate opportunities for criminal activity that are occurring on the site and affecting the quality of life in this neighborhood. Once demolished, the Authority will move forward with conceptual plans for redeveloping the 3-acre site. Proposals are currently being evaluated by the contracted consultant. Actions to Replace Affordable Rental Units During FY2006-2007, the City secured $1,000,000 Hurricane Housing Recovery (HHR) Program funds. The HHR program was created for the purpose of providing funds to assist those areas of the state with the greatest housing damage from Hurricane Wilma. The Florida Legislature appropriated one-time hurricane housing recovery funds which are administered by the Florida Housing Finance Corporation (FHFC). Staff has collaborated with the Community Redevelopment Agency and the Delray Beach Housing Authority to develop strategies and to leverage dollars and resources to identify projects that will best serve the housing needs of the very low-, low- and moderate-income households. Irt response to the loss of Carver Estates, the City created a Rental Housing Development strategy in its HHRP Local Housing Assistance Plan. Under this strategy, the City is currently in an agreement with the CRA to rehabilitate two separate buildings within the CDBG Target Area for the purpose of creating twenty three (23) affordable rental units. Actions to Improve Resident Initiatives As described above, the City of Delray Beach provides general revenue dollars in support of the local Bootstrap Rehabilitation Program. However, general revenue funding is provided annually in support of other Neighborhood Housing Program initiatives as well. Funds are provided for outreach and education initiatives as well as development of existing and new neighborhood, community and homeowner associations throughout the City of Delray Beach. During FY05-06 the City's 17 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 allocation of $250,000 toward Strategic Task Teams was utilized to create and implement Neighborhood Action Plans for three (3) neighborhoods. These plans were created with a goal to reverse any current deterioration and stabilize each neighborhood with the infusion of public funds to support enhancements. Plans were designed to add a direct benefit to the community and provide aesthetic improvements, which in turn aimed to increase property values and improve public safety. Under the Neighborhood Housing Program, funding is also provided in support of neighborhood clean-up campaigns, our local adopt-a-street and adopt-a- tree programs, as well as numerous other events and activities. In addition, the City completed its third year as a partner with the Community Child Care Center to provide much needed services to families residing in 'the CDBG target area. Under a grant from the Children Service Council (CSC) of Palm Beach County, the City partners with the non-profit agency to implement the highly successful "Beacon Center" model providing comprehensive wrap around services to the students and their families at the Village Academy Elementary School. This school is located in the core part of the CDBG target area and ninety-eight percent of the student population qualifies for free lunch under the Federal designation of poverty. Lead-Based Paint Hazard Reduction The City implements its housing related activities in a manner which assesses lead- based paint risk for traditional target population (i.e., at risk children under 7 years of age). When providing assistance under its housing programs, the City continues to provide all clients and potential clients with the "Lead-Based Paint" pamphlet that describes hazards of lead-based paint. The City's Housing Rehabilitation Specialist has been- designated a certified Lead Inspector and the City utilizes the services of a certified lead-based paint professional to conduct lead inspections and risk assessments. In addition, the City created an awareness of and promoted to local contractors the "Lead-Safe Work Habits" training. Program Compliance and Planning Requirements The City monitors Plan implementation through constructive record-keeping of project execution details, on-site inspections and maintaining close functional links with service providers, economic organizations, neighborhood groups and target beneficiaries. Staff involvement in housing and community development organizations and their activities provide the Staff with valuable insight into the evolving needs of low- and moderate-income persons. Focus groups and citizen meetings, conducted as part of developing the Five-Year Consolidated Plan, provided opportunities to share information and hear about 18 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 issues important to neighborhood groups and community agencies. Details on CDBG programs, neighborhood organizations, and other public information is maintained on the City's website at www.mydelraybeach.com Anti-Povertu Measures In addition to the City's holistic approach to community development (as described throughout this document), it also takes amulti-faceted approach toward reducing the number of households with income below the poverty level. T'he first approach is to provide safe and affordable housing for very low-, low- and moderate-income households. Specific activities include owner rehabilitation, emergency repair, homeownership, code enforcement, demolition/clearance, support services (including fair housing and housing counseling services), working with affordable housing providers, assisting non-profit and for-profit developers to initiate new construction activities, and working with at-risk homeless and "special needs" providers. The second approach is to establish healthy neighborhoods through balanced, diverse development of public facilities, infrastructure, housing, commercial, recreational and safety activities. Specific activities include efforts to provide infrastructure with street improvements (including handicap accessibility) throughout the city with emphasis on CDBG target areas; public services through Fair Housing counseling; capacity-building and administrative assistance to neighborhood organizations; public facilities assistance by improving parks, and supporting efforts of other community development providers in public service, public facility, and transportation /safety activities. Economic development represents the third facet of the city's approach to anti- poverty. Economic development efforts will be expanded by retaining and expanding employment and business opportunities for city residents. Specific activities include promoting downtown revitalization, supporting non-profit housing partner in its small business incubator program, and promoting neighborhood revitalization through commercial redevelopment. VIII. LEVERAGING RESOURCES The City of Delray Beach was very successful in leveraging CDBG funds with other public and private resources. The City's successful housing programs have enabled the direct leveraging of substantial match dollars in the form of first mortgages through private lending institutions, Palm Beach County Government, US HUD, and other local funding providers. Also, Public Service agencies are encouraged to seek other funding sources for the purpose of leveraging CDBG dollars. 19 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 CITIZEN COMMENTS As required in accordance with the Consolidated Plan regulations, afifteen-day public review and comment period was given to the City's citizens and other interested persons prior to the submittal of this report to the US HUD field office. A copy of the advertisement requesting review and comments relating to .the document is attached to this report. IX. SELF-EVALUATION During the FY 2005-2006 reporting period the City of Delray Beach continued to make progress toward meeting identified community needs and priorities. The City successfully accomplished numerous housing rehabilitations, emergency repairs, public service activities and units of service, and other community development initiatives. CDBG, SHIP and other local dollars were allocated toward a diversity of eligible activities in support of the City's holistic approach to providing affordable housing, a suitable living environment and expanded economic opportunities for our residents. In addition, the City was able to successfully implement a Disaster Assistance Program to assist homeowners who incurred damages to their homes due to Hurricane Wilma. Investment by area builders as well as non-subsidized homebuyers has continued to compliment the City's redevelopment efforts during this time. Active code enforcement, citizen patrols, drug prevention programming, installation of sidewalks, park and facilities improvements, comprehensive housing rehabilitation and the provision of targeted social services have all continued to assist with the improvement of living conditions and increased property values throughout the CDBG Target Area. By targeting our efforts geographically and allocating CDBG dollars toward "High Priority" concerns/issues identified in the 2005-2010 Consolidated Plan, the City made tremendous progress in meeting the program objectives and identified priorities. The City's on-going collaborative efforts with other public and private entities and increased public participation throughout the years helped to keep the City "fluid" in identifying new resources and avenues to meet the identified needs. 20 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 The City has successfully utilized CDBG dollars to address needs identified in the Consolidated Plan. This is supported by the outcomes reported under each separate activity identified throughout this report and in the attached IDIS reports. In addition, the City utilized the CPMP Tool for the submission of its 2006-2007 Annual Action Plan which will assist in reporting future productivity and program impact. In program year 2005-2006 we met the statutory test for timely expenditure of funds. 21 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 X. CDBG NARRATIVE STATEMENT a. Use of CDBG Funds in Relationship to Consolidated Plan As described throughout this report, the City has been extremely successful in addressing local needs identified at the community level. During this reporting period alone, the Department again addressed the following "High Priorities", listed in the Consolidated Plan as "Priority Community Development Needs': owner-occupied housing rehabilitation, homeless and non-homeless with special needs issues, neighborhood facilities, childcare centers, parks/and/or recreational facilities, youth and adult services, crime awareness, fair housing counseling, subsidized childcare services, and targeted code enforcement. This report in various sections provide individual priority accomplishments, particularly when discussing affordable housing preservation and development. 100% of all CDBG funds expended during the 2005-2006 Program Year served to meet the National Objective of benefiting low and moderate-income persons (24CFR 570.208a). During this reporting period CDBG funds were also allocated to the following private non-profit organizations in support of eligible public service activities. Community Child Care Center The Center provides pre-school education and family services to very low- and low-income children (100% Title IV-A), individuals under Protective Services custody, parents enrolled in work training programs, and low- income teen parents. During this reporting period CDBG funds in the amount of $75,000 were provided to the agency in support of programming efforts. A total of 684 unduplicated children received the direct benefits of this programming effort. Of the 684 served, 37 were classified as White-Hispanic and 614 were classified as Black, non-Hispanic, 33 were identified as Multi- racial. Urban League of Palm Beach Coun , ,Inc. The South County Office of the Urban League provides services to very low and low-income residents of Delray Beach. The services (housing counseling and Emergency Intervention Programs) are designed to intervene for and educate residents regarding issues of homelessness and to prevent further incidences of homelessness. During this reporting period, CDBG funds in the amount of $15,000 were provided to the agency in support of the partial salary of one service delivery position. A total of 91 persons received the 22 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 direct benefits of this programming effort. Of the 91 persons served, 73 were classified as White/Hispanic and 18 were classified as Black, non-Hispanic. 38 were female headed households. b. worts in Camping Out Planned Actions All projects and activities included in the approved Annual Action Plan for this reporting period (2005-2006) have either been completed or are underway. Funds from previous program years were also expended during this time and are reflected in the IDIS generated reports. c. Bene 'ting, the National Objectives All projects/activities funded under the City's CDBG formula entitlement during this reporting period met the National Objective criteria. All funded activities met the National Objective of Benefiting Low and Moderate-Income Persons. The grantee met and exceeded the overall benefit certification requirements (of 70%). d. Activities Involving Occupied Real Property As provided in various sections of this report, CDBG funds were utilized during this period for numerous rehabilitation activities. However, none of the activities required relocation as a result of displacement. e. Economic Devel~ment Activities Undertaken and Other Issues During this program year, $30,000 in CDBG funds was provided to The Center for Technology, Enterprise and Development (T.E.D. Center) to provide business incubator services and technical assistance to eligible businesses. XII. PUBLIC PARTICIPATION /ADDITIONAL REQUIREMENTS In accordance with the Consolidated Plan regulations, this report was made available to the public for examination and comment from November 17, 2006 through December 4, 2006. No public comments had been received prior to submission of the Report to the HUD Field Office December 29, 2006. Any comments received after submission will be sent as an addendum to the CAPER. Please see attached newspaper advertisement published locally. The completed CAPER (performance report) is also available for examination by the public upon request. 23 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 XIII. ATTACHMENTS Advertisement -Notice of Availability of CAPER Table 1. Measurable Targets vs. Accomplishments in Housing Map of CDBG Target Area IDIS generated reports 24 2005 Consolidated Annual Performance and Evaluation Report October 1, 2005 -September 30, 2006 Table 1. Measurable Targets vs. Accomplishments in Housing Percent 2005-2006 2005-2006 Accomplishment Pro'ect Tar ets Accom lishments 2005-2006 Owner- Occupied 7-CDBG 2-CDBG 28% Rehabilitation 10-SHIP 2-SHIP 20% Emergency Re airs 0 9 100% + First-time Homebu ers 5 1 20% Housing Demolition 2 1 50% Bootstra 10 3 30% SHIP Disaster N/A 25 Assistance Overall, the City has exceeded its annual housing goals. 2s A enda Item No.: g AGENDA REOUEST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda _X_ Consent Agenda ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Date: July 16, 2007 When: July 24, 2007 Approval of an amendment to the 2005-2006 Consolidated Annual Performance and Evaluation Report (CAPER) as requested by the United States Housing & Urban Development Agency (HUD) and the Office of Fair Housing and Equal Opportunity (FHEO) in their correspondence dated March 12, 2007. RECOMMENDATION Staff recommends approval of the amendment to the 05-06 CAPER. Department Head Signature: City Attorney Review/Recomm da ~on (if ap licable): Budget Director Review (required on all items involving expenditure of funds): Funding Available:.. YES/NO Funding Alternatives: Account N.o. & Description: _ Account Balance: City Manager Review: , ~k\ /Z~ Approved for Agenda: Sty YE /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: (if applicable) MEMORANDUM TO: MAYOR AND CITY COMMISSI NERS ~~ FROM: JASMIN ALLEN, PLANNER ~ ~~''"'~ ~~~'v~1 MARK MCDONNELL, AICP ACTING DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER~~,,~~s,~K.~ DATE: JULY 17, 2007 SUBJECT: AGENDA ITEM # V . ~ - REGULAR MEETING OF JULY 24, 2007 REPORT OF APPEALABLE LAND USE ITEMS JULY 9, 2007 THRU JULY 20, 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 July 9, 2007 through July 20, 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 Planning and Zoning Board -Meeting of July 16, 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: • Transmittal of Comprehensive Plan Amendment 2007-2 Citv-Initiated Amendments to the Text of the Comprehensive Plan: i) Recommended approval (4 to 0, Joseph Pike, Cary Glickstein and Francisco Perez- Azua absent), of 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; City Commission Documentation, Meeting of July 24, 2007 Aooealable Items ii) Recommended approval (4 to 0), of Future Land Use Element -Modification of Policy A- 7.2 to include the provision of workforce housing in the Four Corners Overlay District; iii) Recommended approval (4 to 0, of 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. iv) Recommended approval (4 to 0, of Future Land Use Element -Expansion of the Southwest Neighborhood Area Overlay District to include properties located %2 block on either side of SW 12th Avenue, between SW 2"d Street and SW 3`d Street. This overlay district allows a maximum density of 24 units per acre, subject to the provision of workforce housing. Privately-Initiated Amendments to the Text of the Comprehensive Plan: v) Recommended denial (4 to 0), of 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; vi) Recommended approval (4 to 0, of 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. Amendment to the Future Land Use Map and Rezoning: i) Recommended approval (4 to 0) of a City initiated Future Land Use Map amendment for approximately 3.9 acres, located %2 block on either side of SW 12th Avenue, between SW 2" Street and SW 3`d Street, from LD (Residential Low Density 0-5 du/ac) to MD (Residential Medium Density 5-12 du/ac) and associated rezoning from R-1-A (Single Family Residential) district to RM (Medium Density Residential) district. • Recommended approval (4 to 0) of aCity-initiated Amendment to the Land Development Regulations Section 4.3.4 "Base District Development Standards", Subsection 4.3.4(K) "Development Standards Matrix", and Section 4.4.6 "Medium Density Residential (RM) District", Subsection 4.4.6(A) "Purpose and Intent", to add references to the Carver Estates Overlay District and the Infill Workforce Housing Area. • Recommended approval (4 to 0) of an Amendment to the Land Development Regulations Section 2.4.2 "Notice Requirements" and Section 2.4.3(K) "Fees" to provide for an increase in the Development Applications, Plan Check Fees and Building Permit Fees. • Recommended approval (4 to 0) of an Amendment to the Land Development Regulations, enacting Section 2.4.7(G) "Requests for Reasonable Accommodation" to provide procedures for handling and processing requests for accommodation from the City's Code. 2 City Commission Documentation, Meeting of July 24, 2007 Appealable Items Recommended approval (4 to 0) of an Amendment to the Section 4.4.13(D)(19) to clarify residential development is the CBD (Central Business District) zoned portion Neighborhood up to a maximum of 30 units per acre. Historic Preservation Board -Meeting of July 11, 2007 Land Development Regulations allowed as a conditional use in of the West Atlantic Avenue A. Approved with conditions (4 to 1, Joanne Peart dissenting, Keith Snider stepped down and Kim French absent), the reconsideration of a Certificate of Appropriateness request to allow the demolition of a contributing structure located at 34 North Swinton Avenue. The Board reconsidered the request as the structure has subsequently been determined by the Chief Building Official as unsafe and has been found to be dilapidated and deteriorated. B. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness for the relocation of a structure from 26 NW 6th Avenue to 129 NW Ott' Avenue. C. Approved with conditions (6 to 0), an 18 month extension (expiring February 3, 2009) associated with the new construction of a 1,882 sq. ft. three-story residential rear addition at 123 South Swinton Avenue. Other Items The following non-appealable item was considered by the Board: • Approved (6 to 0), a request for a variance to allow a reduction in the front setback from 30' to 25' associated with the new construction of a garage/guest cottage at 238 SE 7th Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map 3 CITY OF DELRAY BEACH, FLORIDA HPB A. 34 N. SWINTON AVENUE 8. 129 NW 4TH AVENUE C. 123 S. SW/NTON AVENUE MAP REF: S:\Plonning do 7-24-07 ~~~~~~~~.~ CITY LIMITS ~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT JULY 2007 0lGITAL BASE MAP SYSTEM • - MEM4R.ANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: BOB DIAZ, CONSTRUCTION THROUGH: CITY MANAGER.. /-~,~tu•~tfC'~'t'- DATE: JULY l7, 2007 SUBJECT: CONTRACT AWARD TO BERG DEMOLITION. INC. FOR THE DEMOLITION OF FIRE STATION N0.4 P/N 2006-016 ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $21,887.40 to Berg Demolition, Inc for the demolition of the existing Fire Station No.4, P/N 200b-016. BACKGROUND Berg Demolition, the apparent low bidder, will provide all labor, material and supervision necessary far the complete demolition and removal of Fire Station No.4. Demolition and disposal of the building will be in accordance to Federal, State and Local regulations. Bid tabulation and location map attached hereto as Schedule "A" for your reference, FUNDING SOURCE Funding is proposed from account 334-6112-522-62.88 (General Construction Fund/Fire Station No. 4) RECOMMENDATION Staff recommends Award of Contract in the amount of $21,887.00 to Berg Demolition, Inc. for the demolition of Fire Station No.4, Project # 2006-0 I b Enc L,ocatian Map/Bid Tab, Schedule "A" Cc Richard Hasko; Director of ESD Randal Krejcarek, City Enginoa~ Rafael i3allestero, Deputy Directs of Consiructien City Clerk's Office Agenda File 2006-016 (E) e Q W J W V m $v ~ N L ~ ~ N tl-M~ ~ ~_ ~~ o .~ ~~ ~ ~~~~~ m~'~a Uti~~QK~ n C ~ ~ N N 'D~~ C~~ {7 _ C ~ Q ~ ~ ~ ~ ~ .~ ~ ~_ ~ W C ~ 0 Q 'C $ ~ C a m~~mN C C ~ ~ ci 3 ~E ~ ~ a„~v c 0 G m m r ~ a° o° °o v -ti ~ o M ~ N ~ ~ LV fA K? EA (4> ~ ~ } }. } m ~ ~ ' ~ ~ a~ W a T~ ~ d~ N ~ Q~i c o +!1 t ~ to ci C C C ~ C ~ ~ a. A U ~ ~ ~ o V .t co C7 c~i ~ v) E ~ a°'i ~ E' °° u' ~ ~ ~ m ~Y Ov t -F° min Schedule "A" LOCH TlC1N MAP S72 T~ R42£ ATH~W S ~NSLTLTIl\T~ rnrc. Civil and Environmental Engineers 1475 CENTREPARK BLVD., St11TE 250, WEST PALM BEACfi, F'L. 33401 TEL. (561)478-7961 LICENSE No. E.B.-0007929 www.mathewsconsultinginc.com 4321 W, LAKE IDA RD. DELRAY BEACH, FL 33445 DATE ~ DRAWN 6Y 2-, fi-o7 03J30/2007 11:10 5614511332 ERG DEF~LITION INC PRCiE 02 Berg Demolition Inc. March 30, 2oa7 City of Delray Beach 434 S, Swinton Ave. Delray Qeach, Fl. 33A~44 Phone: X61-243-7343 Fax: 561-243-?314 Re: Project No. aao6-016 Under the terms and conditions of this Proposal by and between Berg Demolition Inc. (Berg Demolition} and City of Delray Beach (customer) Berg Demolition wilt provide ail labor, material and supervision necessary to complete the demolition and removal of the work described h+~reln: 1.ProjeGt Descrip#i+an: Demolition of Fire House station no: 4 located at 4321 Lake Ida Dr. >3eiray beach Fl. 33444 Scope of work: Remove building, foundation, Asphalt drive, parking, concrete pads, ramp, drive and location sign Haul and legally dispose of ail C & D material Exclusions: Dev+ratering Hazardous material Pilings Pricing: For the sum of $29,687.00 Twenty fine Thousand Eight Hundred Eighty Seven Dollars and na Cents. 5?4d NW. 33" Avc. Boca itaboe x'1.3396 Tf-enn 561~73b-69Q1 Fsyt: 561-9849225 93f36f2807 11:19 5614511932 BERG DEMOLITION INC PAGE 03 ~,~~ ~~'1~Q~.1titJ~l. ~I1C. 2. Work by Bterg DemalRtlpn: 2.1 Berg Demolition will verify that alt utilities that serviced the property, structures ar equipment to be removed have been d3scannected prior to the start of any work. 2.2 Berg Demolition will. provide any and all Safety device6 necessary for tttt: protection of Berg DensoGtion's employees and agents until the eorrtpletion of work specified under thiE agreement. 2.3 Upon completion of the work under this Agreemenn t3erg Aemoiition will ramous all safety devices gut in to place for this work ei'fort. 2.4 Upon cornptet{on of Berg Demolition's work the customer will be exclusively respon$ibte for the effective irA.plementation,mointenance artd management o£sii safety devices and or security measures at that location. 2.5 Berg Demolition will remove, lead, a~ legally dispose of alE combustible, solid and znetapic debris resulting from tlsa above captioned removal work. 2.6 Berg Demolition will secure alt necessary licens¢s and srtitiry discotmects necessary to cotnplcte the work as described in this Agreement. Ail cost for permits, (Demolition, Electric, Ptumbing, 'Dees, Gradmg, ECT.) will be passed on to the owner ~t cost. 3. Licenses, P'erenits, Inaarattee 3.1 Prepare and submit any notifications required to complete the work descrllxd in this Agroornent. 3.2 .All cost far permits, (laemoliti.on, Electric, Plumbing, 'Nees, Grading, ECT.) wi11 be passed onto the owtt~' at cock 3.3 Berg Demolition will maintain Workers Compensation, General Liability Insurance with a single limit of Sl,ot)O,000,oo. 3.4 Berg pemolitiou will remove, load, transport and legally dispose of tlsose materiels and substances specifically captioned in this Agreement. Berg Demoiitiort will mot be respbnsibto for identification, removal, txanspartation or disposal of any other substance that is controlled or regulated by any law, statute, ordinance or regulation or any substance designated as a ha2ard.aus waste ar. hazardous substance under the Resource Conservation Recaveay Act (RCRA) or khe Cansprcheosive Environmental Response, Compensation astd Liability Act ("CIrRCLA") or bath. 4. Work by Custo~aeer: 4.1 CslStomex agrees to perform the foIlowing its a tizz-ely manner so as not td impede rise progress of $erg Dcrnolitign work described herein: Unless otherwise provided herein, identify, remove and dispose of any substance that is controlled or regulated by any taw, statute, ordinatsee or regulation or any substance designated as a hazardous waste or hazardous substance under flte RC1tA or the CERCLA ar both. 4.2 Identify any conxralled or regulated substances located within the work area. Pravido Berg Demolition with lblateriat safety Data Sheets (1vtSDS) as required by all laws, statutes, ordinances and rr,.gulatians, 4.3 Authorize Barg Z3emaIition to utilfax any or all of the following equipment and/or devices to complete the work describer in this Agreement: Oxygen, Alccrylene, or Propane ~ torches, Concrete and core drilling machines, Hydraulio and pneumatic powered breakers, Crawler Excavators, Loaders, and any other equipment to do the job. 4.4 Authorize Berg Demolition to operate heavy equipment attd trucks throughout the work arcs c'15 welt as provide access far the equipment, and trucks. 4.S Provide water supply insufficient quantity and pressure and in close proximity to the remvvat site to support alt dust cozttrot and ire control measures necessary far the completion of the woxk. 4.b At the loatttions wherc.slabs, pavement or sidewalks ere damaged or removed„ provide and maintain al! barricades, fences and or traffic contras devices necessary to assure the safety of the site. 4.7 'I1se customer warrants that theroc are no hazardous or toxic substances located wit§sin the work area. 59541VW, 33~ A+ve. Bone Ratan FG 33M6 PhoDe: 5~1-756.6948 Fss: 561.989-9225 63/30/2807 11:10 5614511932 BERG LIEMCLIl'I(]N IFtC PAGE H4 Bar D~a~.~-li~xon ~~~. S. CoAtrBCt Conditi+arrs: 5.1 Sorg Aamalitioa shall occupy the entire wank area exclusively upea the comroeneement of $erg Demolition work. Borg demolition shall not be respattsible for the safety of any person who eaters the woxk arcs unless such person has been speeifcally authorired by Berg Demolition to enter the work area. S.2 The customer warrants that there are no harardous or toxic substances located within the work area 5.3 Customer, steal! at all limes be exclusively responsfble for damage to or loss of any property, which is not owned by Herg Demolition. Custamcr shall be exclusively respansiblm for damage to ar loss of any salvage that is to become the property of The Ber& Group until the cnmimencement of work by Berg Demolition. After the votnmencemerrt of work by .Berg Demolition, Berg Demolition shall be exclusively t~esponsible far any damage to ar lass of tools, egnipmcut, salvage or property, which is owned or rented by Ber$ Deznolitian. 5.4 This prnposai does not include the removal, relocation, bandliag, transportation ar disposal of any structures ar pavement not clearly defttred in the above Scope of Work. 5.5 Hetg demtzlitioa will schedule work between the hours of 7:00 a.m. and b:00 p.m. on a single shift basis, 5 days each week. Customer will convey to Bag Demalxtlan all rigMM~s to, tittle tp and interest in all building conteAts aadlor salvage materials not listed above that arre currently located withixt the dismantling area. )Payment: Paymerrt far all work completed to Berg Demolition upon complekion, and ar pmg~ress payments, whether ar act Custortter has ttscelvad payment #isorn any other party. A l 0% deposit will be required at acceptance ofthis eoatract. Acceptance: This Proposal shell remain an offer for acceptance by Cusoono.er far a period of thirty days and sack offer may be terntittatcd thereatter_ Sincerely, ACCEPTED: Full Customer Name Sy Name Title bate ACCEPTED: Barg Darnolition Hy fete 03129/2007 30:44 9549755648 ,,>: a~-rais:-v x ~~~syyo++o~~rv ~~~~/7~ weac'oo~~s~a~-oa Gib of Delray Beach Gity Engineer 434 S. Swinton Ave Delray Beach, F'E, 33444 561-243-7343 Sbl 243-7314 NlIAh1I WRECKING CO PAGE 02102 ~~~~~~ ~~ i AtM.: Hob Diaz DEMOUIT~QN BID ~DPOSAL ~ x0~~ Demul`sLeuR r,~',.f'te~falt Na 4 d32,I Lake lda :Drriue Iy~els+p~ Beaclk, ,~',~, 3,3.1.4./ Pr~aject ~a 2406-11I d Itef: Sheet 2 Anted: I 1-?8-06 Fvrrlisk~ then S~ of Work eces,~ty tools, labor, and equipment • 1)emo~sh tnailding in its erttixety + Remove slab ^ Remove foundations • Remove parking area • itcamvc a{aptu~tus drive • Remove lot'.atian sign • R.eraove catch basins • Remove drainage PIPeB • Itezt~ov+e arrterxt7A • Remove other site ~pmvemerns/structw~es + Maul. away and dispos+c of debris • Raugli grade sire • Category I non friable asbestos roofing that exists according to REP Associates, inn survey dated Aecetnber I4, 2006 will be disposed of according to federal, state, and lacat regulations DernoliGion perntit is included ~CLUSIUNS: ctritiug ar capping utEtit'res; pumping, clewing, ax pumping oiftanks, pipes or traps; propane tank removal; A1C freotz recovery; backfill ar carnpactiuu; ire remove! yr reiaeatidn; construcxion yr silt fie. BID PRICE P12UPC?SF.D **Bid pn-pasul void for b4 days x~hajnk you, l~eat~eth Choikcn~J~ Project Bstiznator~.ami Wrecking Co. i 4s~p Ik'll- 6'fN T~110~ • NAA'tAN10~ PAJ~1C, FL 3.I3'fi9 • 454~4~1'-Y9i*7 • FiIX 9S~i-49p-~'b '1.,~~~r • ~ 4341 NW 190' I`ve. ~ON.[~~t~7NGr Bldg. x, Bay s Pom~~:kno Beach, Florida 33064 ~j~ ~'hane: 954-94~,-9900 l~'ax: 954-946-8693 Friday, March 30, 2Q4i City of Delray Beach 434 South 5wintott Avenue tklray Beach. FI 33444 PHONE: 561-243-7343 FAX: 581-243-7314 AT1'N: Hob Diaz RE= 4321 Lath Ida Drive-Fire Station # 4, pelray Beach: Dennolitioa ~RU~'O,SAL Wa wiI1 perform the following; We will demolish and reaeove: o»fe empty ;f' tare StaEian # 4 strafcture; concrete sidewalks, driver, pads & ramps; adjacent asphalt pa1'king/dlri~~r:•tyay areas; anteeuaas, flagpoles & signs; shrubs next to the building 8c panting lot only (Nb TREE OR Gl?.ASS REMt7VA.I.~, VVe will also remove ba]bs and ballasts, k'rean and non friable asb~srtas as indicait cl in AsbesEos ~urvty by BEP. 'T`his warn will be done in one mobilization, The site left free of any debris created by our work. and tht d~molltian area rough graded. Omega Contracfing will obtain the den~oli Lion permit a+nd have the atility disconnects done b3' licensed prt:fest:fonals. VIJe will perform all of the foregging for the Ltamp Sum Amount: of ......,.~ 39,975,QQ Payment due in full upon completion of the txbove nc~ :e:d work. fVOTT: Bid contiggent upon the etty arrangieg to hAVe the pt>facent Asphalt parking/raereation e r ens efased oiY sa the general public cannot Access the demolition work press far the durotiaM ol'the dernolitioa. N4 parked ears can be in t6<~ 'ots durl®g our work, Exclndcd: from this proposal unless noted above are' all permits, bonds, notices, or surv4ys; utility lane <:s {or any cxcavatlon which may bC required for same}, disconnects(eapping, retarating, or protection; addit{anal insurances; batricades, Constructfon lancing, traflie ~/ar pedtsstrian~ cemtrot, ar pedestrian walkways, weatherprppfTng &lor temporary +valls; sidewalks, slabs and parking arcs are bill rt Being less than 6 inph~y thick; patching or painting; shoring or bracing shall not be an$inccrcd, supplied, ereottd, maintained or dismantled; pavotn art sub-bpsc rcmavul, dowatering; lice removal &/or tree at~mova! pettrtits, tree bonds, tree relacadons, ortree protection; pumping/purging or ~~amalftion of any pttsJtanks/grcase traps; layout--demolition layout ~i/or layout of Any now do%r existing work that may traverse demolition arsa~: ~/or protectton of that layout or that new or existing work; backfill &./ar Compactin» (under this work no fill material shall be taken from nor dalivc;s d m the site by Omvgaj; silt corrtrol &!or • any other drainage filtration requirements as maybe needed during our work; retention: and any unforc:a ran and uncondhional damages. Also excluded from this propasaf is the testing for or monitoring Of the removal, handling or disposal of any °~ :tic, contaminated or hazardous materials or soil wharsorvar. CtArilTi,tations: Omega Contracting will obtain the demolition permit and ltt4vc the utility discxtnnects dc~ i. by liccrtsed ixafcssfonals. This j= included in the shove noted work. This p+'oposaI is based on Omega's work being contpktcd in one mob: iirption during normal working hours. No overtime is included in this proposal. t7rnega feels the substantial completion date can fir achieved For tL~ • f:~ of work described hcre%n without our having to work overtime/weekends, 'i'bis proposal is based on Omega's heavy equipment having JI.~E! ;ice to the project property, i,e. that there are no restrictiorrs such thpt our large track boa, transport carrier and tractor, traetortrailers loaded • vith rubble, and any other equipment we may deem necessary to perform the work can be drives on to/utifiztd at this property. The Means and m•: hods Omega intends tp utifixe are fully described to the greatest extent possible in this proposal; ultimately the means and rrtcthods to be empltr~~vi for the 1?emolltion work shall beat the sole discretion of C)moga Contracting, Inc, Moto: Bonding can ba provided On an Add Alternate bpsis»estimatc 3 8c %a 9b of total Contract valste. ~?ir act Sand to9ts shall bt billed separately ar+d bcoome ppyable upon receipt of Invoice, 'Phis price is based on dump assts a~ of this date, Should pr c:s for ttte disposal of the ctntaminated soft increase Omega reserves the right to increpac the disposal cast Upon acecptance of this Contract, and sn isequent to the contents salvage operations far the Owner {done by others), a!1 other items of salvageable value on the ptcrrrises attached to or prcwid ng service to the buildings to be demolished, eat intended fbr e~ u~, shall beedmc the ptbperty of Qmcga Contracting, Jnc. 'l'ids Pmposaf ;~ pr~lfcatCd upOtt a credit provided for such salvageable items and any loss ther+eai shall be deemed an offset to this proposal for which Omega E; cr~traeting, Jnc, shall be entitled to COMpensatlfNt, T7tia proposal document shall be hereat'tcr referred to as "Attachment A" and both parties a €;:ee that this document shell be fully Incorporated into the Contract Doeumcnta; furthcrmare the farms and eanditions contained herein shalt is ~:,; precedence aver any other Contract ~cumcnt terms and conditions with which it may conflict, THIS PROPOSAL IS GOOD FUR 30 DAYS. We thank you far the apportuniry to bad this ti} cork for you, Print pwrter's or Authorized Agent Sincerely, Judith A. Landis Omega Contractiizg, Irtc. Signature of Ciwner's t: • Authottized Agent pie 4321 L$keldaDrive-FiroSta#tonl'3o4-CiiyDeJrayBeach APR-4-2007 11:27A FROM:TG"I SCHWAB ;; iNE B6 6RO~P, I1C March 30, 200? CITY OF DELRAY BEACH Public Utilities Division 434 South Swinton Ave. peiray Beach, FL 33444 (661) 243-7343 Tel. (561) 243-73'i4 Fax. Re: Project # 20~-016053 Demolition Fire Station # 4 Delray Beach, FI Attn: Bob Dlai T0:1S612437314 P.2 Under the terms and ca-ditions of this Agreement by end between The BG Group, LLG (The SG Group) and The City of betray Beach (Customer), The BG Group wNi provide aA labor, material and supervision necessary to complete the miscellaneous removal work described herein: SCOPE OF WORK: • Demolish and remove the existing Cf3S fire station located at 4321 Lake !de Drive in the City of Delray Beach. Price to include ttte removal of aH foundations, asphalt parking, Concrete pads and approaches and location sign. • Area left ro-~h-grade, free of debris upon completion Proposal Amount: TWENTY NINE THOUSAND THREE HUNbRED DOLLARS {s29,3Y>O.tl~Oj 2.1 The BG Group will verify all utilit;es that serviced the structures or equipment to be removed have been either disconnected andJor rebcated to the start of any work. 2.2 The BG Group will provide, erect and maintain all barricades, traffic contra) devices, hand railings, toe boards, safety deviC~s, safety measures and security measures necessary for the protection of The BG Group's employees and agents unki! the completion of work specified under this Agreement. Upon the completion of work under this agreement, The BG Group wiii remove alf safety devices and measures and security measures put in place for the work effort. Upon the completion of The BG Group's work at each iocadon, the Customer will be exclusively res~nsible for the effective implementation, maintenance and management of ail safety devices and measures and/or security measures at that location, 2.3 The BG Group wiii remove, load, haul and legally dispose of ail combustible, scud and metalgc debris resulting from the above captioned removal work. 1140 H0litagd mr, sts 19 s~ stab. A lS+~87 • S61-E9E-7997 • Fsx: 58f-9~8-~g~ • edaltk ~r[e~tAe~99~.~t APR-4-21307 11:27A FROM: TOM SCHWAS mE~s snorp,uc TQ:15612437314 P.3 3. Ltcenses~ Psnmtta, Regulations and Insurance 8.1 Prepare and submit any notifications required to complete the work described in this Agreement. 3.2 The BG Group wits maintain Workers Compensation, General Liability Insurance with a combined single limit of $1,OQ0,000.00 with a $S,OOO,QOOAO umbrella. Secure and pay for all necessary licenses, authorizations and permits necessary to complete the work described in this Agreement. 4. Work by Gusfomer: 4.5 Authorize The BG Group to utilize any or all of the following equipment andlor devices to complete the work described in this Agroemsnt; Rubber tare loader and or skid sheer loader Excavator 1 grapple /processor /shear S. Contract Conditions: The Customer and The SG Group agree that: S.5 The BG Group will schedule work between the hours of 7:00 a.m. and 6:d0 p.m, on a single shift basis, 5 days each week. 5.6 Customer has identified the following utility lines, pipes, woes, cables ar oHter sbvctures that are located within the removat area that are des~nated to remain. The bcation and extent of each of these improvements will tie accurately determined and dearly martted by the Customer prior to the oommencement of work under this Agreement. Customer will convey to The BG Group all rights to, title to and inter®st in all building contents andlor salvage materials na# listed above thtat are currendy located within the dismantling area. Payment: Payment for all work completed shall ba made to The BG Group within 10 days following the completion of work and owners acceptance without exception or retention whether or not Customer has received payment from any other party. Acceptance: This Agreement shall remain an offer for acceptance by Customer for a period of ninety days and such offer shall be terminated thereafter. sin~ly, Tom Schwab The BG Group, t.LC X149 Roilmd Dr. ~ 19 8ncs Ratto~, R $8497.561-99~~'8s~1 • h>r: ~6i-9995862 • e~l:lillebg9t!eupAet Agenda Item No.~M. I AGENDA REC~UEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: 17 July 2007 When: 24 July 2007 Description of item (who, what, where, how much): Commission approval/authorization for to approve a Contract Award in the amount of $21,887.00 to Berg Demolition, lnc for the demolition of the existing Fire Station Na.4, PIN 2006-016. The work generally consists of the following: Berg Demolition, the apparent low bidder, will provide al! labor, material and supervision necessary for the complete demolition and removal of Fire Station No.4. Demolition and disposal of the building will be in accordance to Federal, State and Local regulations. Funding is as follows: Account # 334-6112-522-62.88 for the amount of $21,887.00 ORDINANCEIRESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Department head Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r on all items involving expenditure of funds}: Funding available: E O Funding Account Account City Manager Review: Approved for agenda:- YES O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved if ap !cable} S ~ ate- ~ ~- cc: Agenda File 7124!07 File 2006-039 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JACKLYN ROONEY, PURCHASING MANAGER THROUGH: CITY MANAGER ~, ~5~3-~~tC~i DATE: JULY 20, 2007 SUBJECT: AGENDA ITEM # ~ .1 V `• ~ -REGULAR MEETING OF JULY 24, 2007 -CONTRACT RENEWAL -UNIFORM RENTAL FOR CITY EMPLOYEES VIA CITY OF VERO BEACH BID #97-41 ITEM BEFORE COMMISSION City Commission is requested to approve renewal of the cornract with G & K Services for the rental of uniforms for City employees at an estimated annual cost of $63,350. BACKGRO T~N~ This contract was awarded by the City Commission in October of 1998. The term of the contract was for three (3) years with the option to renew for an additional three (3) years. The contract was renewed by City Commission in June of 2001 and again in April of 2004. In April 2004, G & K extended the contract for an additional three (3}years. G & K Services has agreed to extend this contract to the City of Delray Beach for an additional five (5} year term with no price increase piggybacking the City of Vero Beach Bid. See attached "Extension of Service Agreement" and memo dated March 15, 2006 from City of Vero Beach. The unit prices will remain the same for rental of $4.50 per week for industrial type uniform and $5.50 per week for executive uniforms. Upon renewal the Utilities Department and Parks Department with we redressed in A Stock garments progressively during the year, and G & K will also cominue to upgrade existing garments of all City Employees through the continuous upgrade program. By utilizing this contract, our prices would remain the same for five (5) more years which results in a savings because if the City would rebid this contract we would be paying a higher price due to inflation. FUNDIN SOURCE Funding from various departments budgets. R1~COMMENDATION Staff recommends the five (5} year renewal with G&K Services for the uniform rental for City employees at an estimated annual usage of $63,650. To: Jackie Rooney, Purchasing From: Karyn Hofert, Route Manager, G&K Services Subject: Renewal of Uniform Contract Date: July 17, 2007 G&*K Services requests an extension of the current contract using the City of Vero Beach contract number 97-41. G&K has asked to renew the cuurent cotrtrad for an additional five (5) year term with no price increase. The Utilities Dept. and the Parks Dept. will be redressed in A stock garments progressively during the next year with the standard prep charge afforded in the above mentioned contract. Any other department G&K Services will address on an as needed basis, with the department managers. GZRcK Services will also continue to upgrade existing garments of all City employees through the continuous upgrade program. Please renew the contract subject to sarisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this contract is in the best interest of the City of Delray. I see this as a win-win situation for the City and G&K Services. Thank you for your time and please conrtact me with any questions and concerns. Signature: Date: Title: Route Manager, G&K Services, West Palm Beach, FL G&K Services 3874 Fiscal Court Riveria Beach, Florida 561-882-4124 561-882-4050 Apri130, 2007 City of Delray Beach 100 NW l~` Avenue Delray Beach, FL 33444 To Whom It May Concern: The extension between G&K services and the City of Delray Beach, according to City of Vero Beach contract number 97-41 will extend all terms and conditions for an additional 5 years from May 1 ~` 2007. The City of Delray Beach and G&K Services agree to exercise this option. Ka Ho rt Route Manager G&K Services Name Title City of Delray Beach Date G&K Services 3874 Fiscal Court Rivaia Beach, Florida 561-882-4124 561-882-4050 Apri130, 2007 City of Delray Beach 100 NW 1~` Avenue Dekay Beach, FL 33444 Dear Jackie: Enclosed please find the renewal agreement between City of Vero Beach and G&K Services. The service agreement was extended for a period of 60 months from March 2007. I have enclosed the renewal letter for your signature in order for the City of Delray to `piggyback' off of the Vero Beach bid. Let me know if you have any questions, or if there is any other paperwork you need supplied. It is a privilege to serve the City of Delray Beach's uniform needs. Sincerely, Karyn Hofert Route Manager Enc. DEPARTMENTAL CORRESPONDENCE TO: John O'Brien, Manager of Purchasing & Warehouse Operations FROM: Carol Show CPPB, Contn3ct Adaunistrator~ SUBJECT: Renewal of Uniform Contract DATE: March 15, 2006 On March 18, 2(105, Coyne Textile Services, which supplied the City unifoans, was sold to GBcK Services. We have continued our contract with G&K based on the same pricing and terms and conditions as we had with Coyne Textile Services. The contract expires on August 26, 2007. We have had this contract since 2001 with no price increase daring this period. G& K has proven in the last year that they are committed to excellent service and are very easy to work with. They are extremely responsive to all uniform issues. Cl&K has asked to renew our current contract for an additional five {5) year term with no price increase- and will contint~ to replace existing City eanblems with the new emblem at no cost to the City. They will also continue to upgrade the existing garments for all City employees through the continuous upgrade program per the attached letter. I see this as a win-win situation for the City and GdtK Services and recommend we renew the subject contract based. on no price increase for a five (5) year period. ~~ You have the authority to renew this contract subject. to satisfac#ory performance, zero cost increase, vendor acceptance, and the determination that renewal of this contract is in the best interest of the City. If you concur with the recommendation, please sign below and return to me. Thank you for your time, and please contact me if you have any questions or concerns. SIGNATURE: ~`~- DATE: 3I~S~a~ TITLE: Manager of Purchasing and Wamhoux Operations AGENDA ITEM NUMBER: AC3ENDA REQUEST Request to be placed on: Tuesday, July 24, 2007 8. F~.2 Date: July 20, 2007 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Approve renewal of contract with G 8~ K Services for the rental of uniforms for City Employees at an estimated annual cost of $63,350 for a five (5) year contract via the City of Vero Beach Bid #97-41. Funding from various departments budgets. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve renews! with G S K Services via the City of Vero Beach Bid #97-41 for rental of unifom~s for City Employees at an estimated annual cost of $63,350 for a five (5) year contract. funding from various departments budgets. ~~ 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 t~~ No Funding aftematives: (if applicable) Account Number: Account Description: Account Balance: Clty Manager Review: Approved for agend ~ Yes ^,~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PATSY NADAL, PURCHASING ~„~y ~~'` THROUGH: CITY MANAGER DATE: July 11, 2007 SUBJECT: TWO COMPARTMENT RECTANGULAR WALK IN REFRIGERATOR ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of a two compartment rectangular walk-in refrigerator for the Delray Beach Golf Club restaurant from Regal Foodservice Equipment in the amount of $22,287.00 including installation, miscellaneous electrical/plumbing connections, removal of existing walk-in and freight per pricing proposal dated July 06, 2007. BACKGROUND The current walk-in refrigerator at the Delray Beach Golf Course is in constant need of repair and parts that are needed for repair are not always readily available due to the age of this equipment. The weekly repairs that are needed to keep this unit in use are very costly. Proposals: Regal Foodservice Equipment $22,287.00 Sodexho Equipment Solutions $27,239.39 Atlantic Refrigeration Corp. $45,188.00 FUNDING SOURCE Account Code #445-4761-572-63.90 RECOMMENDATION Staff recommends the purchase one (1) two compartment rectangular walk-in refrigerator for the Delray Beach Golf Club restaurant from Regal Foodservice Equipment in the amount of $22,287.00 per proposal dated 07/06/2007. Ju 1. 10. 2007 1: ~4PM DELRAY BEACH GOLF CLUB No. 8934 P. 5 JUL 6,2007 Project: Delray Beach Golf Club From: Johannes F. Vergouwen Item Qty Description PRICING PROPOSAL To: Page 1 of 3 100066 Sell Each Set/ Total 1 1 TWO COMPARTMENT RECTANGULAR WALK 1N 15,000.00 15,000.00 American Panel Corpvrat-on Model No. CUSTOM WALK IN Actual Ext. glmensions: 12 =0 76" x 16 =4.5" x 8 =0" high Freezerlnt. Dimensions: 91'-4.75"x 5'-3.5" x 7=x,25" frigh -10''F Freezer Cooler Int. Dimensions: 11'-4.76" x 10=9"x 7'-4.a5" h/gh, 35YF Cooler Floor Configuration: All Foamed In place 4" Urethane floor panels, .100 Smooth Aluminum Finish Metal F/nishes: Exposed Exterlor..032 stucco aluminum; Unexposed Exterior: 2S ga. stucco galvanized s#ee1; Walls and Ce/ling: .40 whit® stuucco aluminum All panels arse NSF 4"foamed In place urethane, UL classified with flame spread rating.of 20. Door details: 2 ea 34" x 77" flush magnetic Jnfitting door with camliff hinges, padlockable deadbolt handle, door close, brushed hardware, frame heater wire, dial fhennom®ter, vapor proof light and switch with pilot light Walk-in Accessories: 1 ea Heated Pressure Relief Vent, Model 1825 (3" diam.), 120 volt 2 ea Trlm Strips, 3" x 3" to match exterior box finish ... ^` ~J Regal Foodservice Equipment WPB Ju1.10. 2007 1:54PM DELRAY BEACH GOLF CLUB 4 ea Door Klckplafo, 1H0" aluminum treadplafe, 30" Fllgh, 37" door Refrigeration Design Criteria: Freezer Refrigeration: Walk-In location: lndvots; Condenser Unit Location: Outdoors; Walk in Temp.: -9D'`F Freezer, Sysfem Capacity: 4723 BTUH; Walk-ln Heafload: 4480 B?UH Cooler Refrigeration: Walk in location:Indoors; Condenser Unit location: Outdoors; Walk /n Temp.: 3v"'"F Cooler; System Capacity: 9 438 BTUH; Walk in Heatload: 7584 BTUH Refrigeration: 9 ea 9.50 HP low temp,hermefic refrlgeratio» system, -90*F Freezer, ZOSY/230/60/3, Includes an electric defrost evaporator coil, g years Compressor Warranty, Condensing Unit Model-#AWA24B4ZXTXC(2B3225-8), aMP dRAW: 8.4 A(each) EvaporatvrModol:#AE16-46, Amp Draw 1.4A(fans) All controls will be shipped loose for held assembly.Refrigerantend refrigeration Ilnes provided by others.Labor warranty provided by others. 9 ea 9.09 HP medium temp, hermetic refrigeration system, 35~F Cooler, 208/23A/ti0/3; Includes standard evaporator coil; 3 years warranty, Condensing Unit Model:#F3AM-A~OS-TFC-001, Amp Draw: 9.3A, Evaporator Model: #AA28-t 06, Amp Draw: 2.2A Accessories: 2 ea U.GLlsted Outdoor Weather Coves (hinged) 2 1 WALK-IN COOLER INSTALLATION BY A&S REFRIGERATION Miscellaneous Model No. INSTALLATION Complete Instaliation of American Panel box, refrigeration elements and consctions per manufacturer spec. Na.8934 P. 6 3,852.00 3,852.00 1 ea MISC Complete electrical and plumbing connections 9,000.00 1,000.00 ended To al forlfe A 2 4 2.00 3 1 REMOVAL. OF OLD WALK-IN 9,926.00 1,926.00 Miscellaneous Model No. DEMOLITION Demolition, removal and clean-up off old Walk-In unit. Total 21,778.00 Freight 509.00 Regal Foodservice Equipment WPB Ju1.10, 2007 1.54PM DELRAY BEACH GOLF CLUB No. 8934 F, 7 JUL 6,2007 Delray Beach Golf Club Page 3 of 3 100086 Item Qty Description Sell Each Sell Total Grand Total 22,287.00 All deposits received by REGAL FOODSERVICE EQUIPMENT., FURNITURE AND SUPPLIES, LTD. are non-refundable, unless otherwise specified. If at anytime cancellation is to be made, a minimum 20% restocking charge Is applicable to stock merchandise. All special and custom orders are non-refundable. In accordance with 30-dayterms, a charge of 1 - 1-112% per month will be charged 'on past due balances unless otherwise specified. REGAL FOODSERVICE will retain complete ownership and right to possession over ANY and ALL items and materials until the job is paid in full. ***** ALL PLUMBING, ELECTRICAL, MECHANICAL AND INTER-CONNECTIONS HOOK-UPS BY OTHERS UNLESS OTHERWISE= SPECIFIED HEREIN ****~` Pricing is valid for BO days from proposal date! TERMS: All special order merchandise require a 50%pre-payment, including applicable freight charges, the remaining 50% balance needs to be paid upon delivery, unless otherwise negotiated Note: If order is processed as a drop ship order, payment in full is required prior to the merchandise shipping from factories. A signature on the customer acceptance line constitutes placement of the order and acceptance of the terms/conditions listed above Acceptance: __. .,. _. _.,__- Date: Regal Foodservice Equipment WPB -Ju1.10. 2007 1:55PM DELRAY BEACH GOLF CLUB No. 8934 P. 14 $AOM SODEXHO I (FHI) 6. 22' 07 12:09/ST. 12:Q3/N0, 4861024709 P 2 ~~~ snisoor To: t]elRay Beach Golf Club Paul Makrls 561-7221078 ,L;?t~;a~r;'~,r1~'~~, i:E1~'Fll~Fr:~t7~• ~~+~;t#t~~~ ~---- „~ . QUOTE From: Sodexho Equipment Solutlone Russeh O'Bahnon 6307 washingtonlan Blvd, Mail Stop 31 Gaithersburg, MD 20878 Phone= (3171) 887-471 t3 Fax: (301) 86768$ Item oty Description Sell EeCh Soll Total _. . _ _ ..-r-~ 1 1 ea WALK tN ~ 18,042.38 18,062,39 American Panel Corfloratfon Model No. WALK IN Walk In Cooler/Freezer quote psr American Panel quote #84026 dated • B-18-O7 1 ea INSTALLATION Installation per 3purry 6 Assoo. quote dated ®.1 S-OT 9,i~~,oo 9,177_ao Lxtencbd Total for Item No. 1: 327,23ti.39 1 D 1 ea THIS QUOTE la VALID FOIZ 30 DAYS FROM ABOVE DATE. Desigr181 Development Modei Nn_ 30 bA1~S VALIp Thls quote le valid for 30 days from above det~. 11 1 ea THE RECIPIENT SHALL HOLD INFCIRMAT]ON 1N THIS DOCUM boaldn $ Devslopment Model No. CONFIDENTIALITY Th• rociplent sheu hold inierrnation in this document In wnAdence and - protect It ae It would prof®Gt is own conAdent101 Information (which shat! in any .vent be no less than rea~onatrle protection) and shah not distrltwte this information to any party seen !n direct evmpst)von with Sodexho E ul ant & Furnishings Soiutlons, 12 1 en frRE1©HT CHARGES ARE NOT INCLUDED IN PRICE 0007E. Deslpn & Development Model No, FREIOH7 - TBD Frol®ht charges are not included In price quoto. Frelghi cnargea will be determined when ltem/quantity aro selected. - 13 7 ea LIFT~ATE DEL1V>:RY 19 NOT INCI.l1DED !N THE FREIGHT - Deslgn & Developm®nt Model No. LIFT-GATE ~i(t:Gste delivery is not Included In the Freight Cost. if required add an :additional $225.00 for ~>ach shipment per vendor. 14 1 ea SALES 1'AX 1S NOT INCLE1Dt?D IN THESE QUOTED PR1ClaS. Desifln & Development Model No. SALES TAX , Sales Tax is not included in these Quoted prices. Please add Sales lax-ak time of Order Pl~cament or include a Tax Exempt Number / Gerti6cate. Marche~dtse 27,239.39 l~tu4~~~, ~f i ~~ ~~-nrvF o f ctwrr,~ ~• . . De1R2y Beach Cyolf CIuD odexhn Equipment 5olution8 /r/~ Pped 9 of 2 Ju1.10, 2007 1:55PM DELRAY BEACH GOLF CLUB Na.8934 P. 15 FROM SODE~HO (FAI) b. 22' 07 12:09/ST, 12:03/N0, 4$61024709 P 3 snrzoa~ . ~e~~y Beach Golf club ; R 1~~.~ 4 ,___ , AcC~ptance: _ Date: P>inted Nama: 1 i i 1 De1F28y eeaoh Oolf CIuD Sodexlto Equipment SoluUon~ ! Paps 2 of 2 , 1 i Ju1.10. 2007 1:~5PM DELRAY BEACH GOLF CLUB No. 8934 P. 16 FRdM S,O~ExHO (FAIL 6. 22' 07 12:09/ST. 12:03/N0.48610247D9 F 4 Am®ric~tn P®nel Corporation 5800 S.E..78th $upet, Orroln, FL 344TZ-'4l2 Ame~i~~n ~~~' !'hens: (3Sa) 20S•70SS Ta11 Frca: (800) 327-015 Vsrwtis, Ltipa+dbls WiJic~hss r.4 sisuohrlla~ lies: (l5.'.) 245-0126 Weluite: hetp:!1~vww.smerieanpsnel.coeo D91e: e!1 enoo7 ____ _ __ , uote # : 94026 - -Q- ----- -- -- To; SOAEXHO U,S.A. 9601 WASH[IriG7ONIAN DLYD 5l'JTE 500 GAITJdEIt`SpURG MD/~ ~ 30318 Atlnt ~~~ Q~/J~'~~i'J,r! Emal1: Project: Delray bench Golf Chub Lor:rttlon: Dotray Daech Fl. ltsmt Qaottd Sy: 9atriek lLubiy, Sa'_es elssaciate Lrmell: pauick r~amnricanpanel,COm Mlcr. AgeAt: 55 C5 Teen Herat ure aal ~,xl. Dlmeasior;s: 12' - D_75" K t ti' - 4.5" X 8' ~ 0" tygh near let: Dlmaesions: 11' - d.75" X ~' - i_S" x y~ . G.25" high -I0° F Freezer ~lt:r tot. Qimenslons: J 1' - d.7S. ~ ; I; 10' . 1" X i' • 423" tllglf 35° F Caolcr or Confiaurstion ~ Freezer: Foamed-in--lace 4° UrQtllane floor puials ,140 SMO0t11 Alumirsuat Cootetr: Foamed-tn-place 4" l;rathana Hoot panels ,1405mooth Alurninunl 1;xDosed Ezlerior:.033 stucco alutrinutn Una7rpo~ad )1xt+rior: 28 ga. stucco gal.~art;zed S:¢el (nterlur W®IIs:.p40 white ttu:co alum. lntsrlor Ce11Ipg:.040 white stucco a lu:n. are NSF d" foamed-in- lace urothano, [Il, eUtaified ~'ilh firma cprad ratio): oE20. , .„~~~ eealils SILL D se In i n 2 3d "X ?7 " flush mount maQnatie inFtting door with airlift hinges, padlockabls dmdhoh handle (exferiar doors enly), dool closer, bNShod hardwarr, frame heater wire, dial lhazmomoter, vepo~ proof IiStrt and switch with piloe light l Pleated Pr+:sots Fellsf Vept, Model 1821(3" diem.), 1~0 volt ~ 'f'ritn Strips, 3" x 3 ", to match anterior hoK fie+ish 4 Door Kic~cplsts, 1/10" dsrminuru vead~lare: 30" High, ~7^ Door lhree~er RefrlQeraflgfl 1Vafk-1'n L~cgllort: Indoors Ambient Temp: 90° F Walk-rn Temp: -10° F Freezer Walk-In Heaslosd: 4,480 $~U}1 fiend. Unil >;,oeetlop: Outdoors AmbientT~ntp: 95° lc Syalem Ceprlelrys a,7~S iSYU~{ Located at alNludR 1 D fi., nbo~t tea Jsve! Custuneer/J-ggnt page ) of 3. Ju1.10. 2007 1;55PM DELRAY BEACH GOLF CLUB No. 8934 P. 17 FIIOM SO~DEXHO (FBI) 6. 22' 07 12;1D/ST. 12:03/N0, 4861D24709 P 5 ., R~fri~erat~n De~i~n Criteria cont'd APC Quare ~~ ~ao2b Wslk-in Location: tadoors Cond, Unli Loattlon• Outdoors A[nbir.~tt 'Cetnp: 90° F ~lmbiettt Torup: 95° E Walk In Yemp: 3S° F trooler Systems Cspselty; 9,438 91U1.1 Waue.In 1Hatloadt 7,584 H7UN Laeated ee aldrude 20~, abova sear ievcl 'r'i~ration~ 1 1.30 NP low tome, hannetit re~igerati~n System -10` F Freezer 208r1~ Q SOf3 1aeludss an slectiric da&ost L'vzpotdtar bpd lncJndes 5-Year Cotnpre35or Wttrrattry Condensing Unit Model E; Au'A?,46eZXTXC(Zii33a5-9) Ats~p Draw: B.4 A,(~ach) Evapor~tar Model ~: AE]ti-,6 Amp Draw; 1.4 A(Fens) J 4.E A(J)rl), (Each) Quoting s ZSasiG Remote" refrigeratia~ system. All con[rels wpl be s>tfpped loose for field essembfy, ReFrigarsnt and refrigeration lines prodded by ethers. Labor werronty provided try others. 1.01 HP tttodium temp. kRmnet~c rcfrigerotion systarn 33° it Cooler Zoe/ass/6W3 Ipeluaes standard evaporator toll l~tcludes 3-Year CamFrCSSOr Werr:utty Coctdegaing Ueit Tttodel dl: F3AM A l OS-Z'FC•001 Amp DrAw; l:.3 Jl(1=aeh) 1°vnporetor Model #; AA26•!0o Amp Drew: 2.2 A(Fans) J o A(~(tr), (EacA) Quoeing a "eaalc Runote" refri~crdtioa system. Alt controls v~ilt be shipped ZOOJ4 for field sssetnbly, ReRI aront and nt}! iatlon !toes ro4id~d by oth:.rs. Lat:or Overran rovidcd dy ot)ters. I,~etatien Accessories .L, I,1at4d Outdoor ~A~eather Ce~er (hirgcd) ~.v. rs. Falctorv, Ocala, FL Prit;ing is gaoQ for orders placed ~y Sil7J~00 - ~ ~r sJtipmcnt by I I ~ 1 SQp07 WQIk-In Sub~TO>rRl: 2950 Refrigerafioll Sob-1'a~Ql: A'16 Equipme~: t ~'otal: ~~ ~'s~imated freight /by others) to Fi. Lrrudardule FL (a~ ~l4 87 pBt cwt: SS09 . _ Carrier QuoJad/Es>~ Stii~ Time (Days): OrJernite/l ~.~ rr^i~n~ ~s only ae estimate, 2.) Stends by others. to ~~~~ may ~zt5%~+C~'1%~0.~ ~" /~~LSLRJIGCS 6y c~ u,arc~• s /~s~Gzrl~es .~,~c . ®, A,t.~, ~/ /ice S/y/~/~~ u~a~ .. `~ ! ~+*f~ ly' ~ /ale,. Y~ r.~-~ CustomedAgent page a or 3 Ju1.10. 2007 1:55PM DELRAY BEACH GOLF CLUB No. 8934 P. 18 F1~0~ SODEXHO (FR1) 6. 22' 07 12.10/ST, 12.03/N0.4B61024709 P d APC Qr~Ote 11'P? X4026 7hl: is a Finn quotation, suhjeato accepeapee .elrhln sixty days dnd upop speeilied conditions. 5tenographie and clerical et'tota will be iubf rct to ~otreetion. This prig dots not 3nd-sda eleettics! or plumbing hoNc-upe ar Stete~ T;edaral or local wxab whtoh, ifapplienDle, purchaser nBtrss :o pay, Tha uttde~sl~ttd uctepts tltts proposal as or-ner or a&enj and agtaea to pay foe said work promptly upon completion oPseme as herein Specified. Pure aser date kkR+abty, Sales AasoUate ata American Penal Corporation ne CvPto~rter/AEent Pale 3 of ~ btJul. 10._ 2001.. 1:54PMbl~,DELRAY BEACH GOLF CLUB Tel epiton e: 561-Z78-1939 1Facsi mile: 561-Z7S.0393 Web8it8: www.atlanticrePrigeretion.ee No. 8934 ,P. 10 nl .~ r H~~•"~ ,er.M Atlantic Refrigeration Corp. 1255 NW 17"' Ave. Suite 1 Delray 19eacbt FG 3445 F ~~~~ Date: Tuesday, June 19, 2407 ~o; ~ Delray Beach Golf Club Sharon Painterr phonei 561-265-0255 Fax: 361265-2752 From: Atlantic RefirXgerstlon Corp. Robert J. 3snabia RSanab@atlsntlcrefrigeration-cc pages (incl. this one): ~ Subject: Walk - Y>a cooler/freezer combination Nis. Painter, ,Q~,fter reviewing the speclfi:cations you sent to my co-worker, Hank, I am pleased to provide tl>Re following pricing. As your specifications detailed, you are deeldng 12'x10'x6' 3S-degree walk in cooler and a t2'x6'x8' minus i0-degree walk iln freezer. Costs associated wyth the removal of the existing structure, exaction of the new structure, 2 complete refi'igeration systems and all necessary labor to complete this pt'ojecx would be S4S,1S8.00. IfI i may answer any questions, feel free to contact me at extension 106. J s ~ d ~~~ ~~ c. a w r ~~~~ ~~~h I 1 O d W n i ~~ L Q~ a~ m li b I' . ~ s ~ U .~ M .~ .n N - r -~-~ ^ ~ ~ ~ ~ ~ ~ a ~. e W .. N I ~ L.~ L~ O I a i ~~ t L O O v M A S N N - ~ ~- A ~ ~ ~ ~ ~ 8 d-tifi6fi'°N 8N1~ 310J H~d38 Ab~134 WdtiS~l COOZ 'Ol 'l~f Ju1.10. 2007 1:54FM DELRAY BEACH GOLF CLUB No. 8934 P. 12 Y ~ ~~ ~ ~ ~~ z s ~ x u ~ ~ ~r3z ~ ~ Spa ~ _ . ~ ~~ i ~ i 6 ~ ~~ ~i8~~~ ~ ~ ~ , ~ ~ ~ ~ ~~ ~ ~ . ~ ~ ~ ¢~ ~ y ~~ ~~ ~_ ~~ ~~ b: I .~ 0 .~ ~~ ~_ 0 -~~ ~~ ~~ xs .a .8 p ~U ~~ » O ~~ ~ ~ s~ ~ ~. ~~ $ o %~ L ~ s 0 a ~ a ~ O N i i AGENDA ITEM NUMBER: ~/• '"l,~ AGENDA REQUEST Request to be placed on: July 24, 2007 Date: July 11, 2007 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: City Commission is requested to approve the purchase of a two compartment rectangular walk-in refrigerator for the Delray Beach Golf Club restaurant from Regal Foodservice Equipment in the amount of $22,287.00 including installation, miscellaneous eledricaUplumbing connections, removal of existing walk-in and freight per pricing proposal dated July O6, 2007. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Staff recommends the purchase one (1 }two compartment rectangular walk-in refrigerator for the Delray Beach Golf Club restaurant from Regal Foodservice Equipment in the amount of $22,287.00 per proposal dated 07/06/2007. Funding from account code: #445-4761-572-63.90, D B Municipal Golf Cow'se ~~ Department Head Signature: '~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re don all items involving expenditure of funds): Funding available: Yes No Funding aRematives: , /~1 ,~l (if applicable} ~ p ~ ~ Account Number: `~'7 ~ ~ 7~/ -~~. ~' ~ ~(~ ~~ ~~-'~~"~'~~' "'7`~'IS Account Description: ~i~rlV~ ~ ~lk.~r''~~~it~--+L~ Account Balance: ~ 2 ~ `~ 7 () Q~ ~ ~~~ S~~-2:f 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 PLAN I AND ZONING ~ ~a~-`~f THROUGH: CITY MANAGER ~50.~c~ DATE: JULY 18, 2007 SUBJECT: AGENDA ITEM # "I . r1 REGULAR MEETING -JULY 24, 2007 CONSIDERATION OF A WAIVER REQUEST ASSOCIATED WITH THE CLASS I SITE PLAN MODIFICATION FOR THE BOY'S FARMERS MARKET LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY 2,140 FEET NORTH OF ATLANTIC AVENUE (14378 MILITARY TRAIL). ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of the following waiver associated with the Class I site plan modification for The Boy's Farmers Market project: 1. LDR Section 4.6.5(C), which allows a maximum height of 8 feet for walls located in a required rear yard: BACKGROUND The property was development as a nursery while under Palm Beach County jurisdiction; however the property was utilized as a farmers market (retail) for many years and contains 2.63 acres. Part of the property was annexed in 1990 and the remainder in 1994. There have been several modifications to the property since annexation, which include improvements to the vehicular circulation and buffering to increase the compatibility with neighboring uses. It is noted that the residential neighborhood (Lee's Crossing) to the east has expressed concerns with respect to noise, truck lights, and dust emanating from the market. While this particular site plan modification is specific to a new 10-foot high wall with landscaping, the proposed plans include several additional site improvements such as building additions and parking area modifications. These improvements are not part of this application and will need to be submitted separately, which the applicant has acknowledged. At its meeting of June 27, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the Class I site plan modification to install a 10-foot high wall and landscaping along the eastern side of the subject property. The SPRAB considered the waiver to increase the height of the wall from the allowed maximum of 8 feet to 10 feet and recommended approval. Waiver Request Associated with the Class I Site Plan Modification for The Boy's Farmers Market City Commission Regular Meeting -July 24, 2007 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. Wall Height: Pursuant to LDR Section 4.6.5(C), walls located in a required rear yard shall not exceed 8 feet in height. The proposed wall is 10 feet high and located in the required rear yard along the east side of the property. The applicant has submitted a request for relief from the maximum wall height and the following verbatim narrative in support of the waiver: "I am requesting a waiver from the 8 foot height restriction to allow a 10 foot wall that will be located between the entire length of Lees Crossing and the Boy's Produce Market. We have spoken fo some of the residents of Lees Crossing and they are in agreement with the 10' wall. The 10' wall will, with the assistance of the canopy trees and hedge, will block the view of the Boys Market from Lees Crossing and will also better assist in blocking any offensive noise, dust particles, and anything else that could blow over to their property..." Waiver Analysis: As noted in the background section of this report, conflicts between the market and the adjacent residential neighborhood to the east have been recognized. In order to resolve this conflict, the applicant proposes to install a 10-foot high wall along the east side the commercial property. The proposed wall is located 663 feet east of Military Trail. Further, the wall will not create a sight distance issue with respect to vehicles or create a public safety concern. Since the wall will not be noticeable given the distance from the public right-of-way or create a public safety concern, a waiver can be supported to increase the height by 2 feet in order to increase the benefits intended by the buffer. 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 Approve the waiver to LDR Section 4.6.5(C), which allows a maximum height of 8 feet (10 feet proposed) for walls located in a required rear yard based on positive findings with LDR Section 2.4.7(8)(5). Attachments: ^ Site Plan, Landscape Plan, and Architectural Elevations ^ Letters from applicant dated June 14, 2007 ^ Site Plan Review and Appearance Board Staff Report dated June 27,007 2 PUBLIC SELF STORAGE TEXACO TIRE KINGDOM 3RD CT. Z N.W. 3RD ST. - o s EXTRA CLOSET STORAGE ; II^II N.W. POST ROSEAIRE BRADY OFFICE RETREAT ~N S A BARRETT I I ° P Q 0 FRANCES a a rRAILS ~ w END ~ J PLAZA W v ~ C ~ ~ ELLWOOD FR NWi v w K. F. C. FR AN WOOD DELRAY K-MART PLAZA O w Z a ~ 0~ ~ MARKETPLACE 0 ~Pv a > ' o ~ OF o Y DELRAY = o >- ~ ~ ALLIANCE PUBUX ~ ~ ~w ~ ~ oa a~ -y.P ~ GREAT FIRST o o Q ~ o WESTERN UNION Q ~ ~ II^II SUN '~ BANK ~~~ DELRAY ~~ BABY WEST BARNETT SUPERSTORE PLAZA BANK PLAZA SCOTTYS N BOYS FARMERS MARKET -~ 14378 MILITARY TRAI L PLANNING DEPARTMENT CITY OF DELRAY BEACH, FL SUBJECT PROPERTY -- DIGJTAL QAS£ MAP SYSTEM -- MAP REF: LM176 ber~~f kruger planning and zoning consultants rezoning copcurrency conditional use, special exceptions, DRC approval site plans 20ft7 ~tlne 14 annexations , comp plan .amendments, Scott.Pape, Sr, Planner variances City of Delray Beach (county, state, 100 NW 1 Avenue municipal} Delray Beach, FL 33444 abandonments palm beach RE: THE BOY'S PRODUCE. MARKET 10' WALL- SITE PLAN broward WAIVER FOR THE 1 Q' WALL ABUTTING .LEES CROSSING lade all counties 8~ cities Dear Mr. Pape.: in florida am request'irrg a waiver from the $ foot heigfit restriction to allow a 10 foot wall that will be located between the entire length of Lees Crossing and the Boy's' Produce 'Market. We have spoken to some of the .residents. of Lees Crossing and they a[e in agreement with the 10' wait. The 10' wall will, with the assistance of the canopy trees and hedge, will block. the.. view of the Boys Market from .Lees Crossing and will also better assist in blocking any offensive noise, dust .particles, and anything else that could blow over to their property. 1 am `requesting to present this waiver to the Gity Commission a# their earliest convenience. Thanking you. in .advance and if you .have any additional :questions or comments, please feel free to contact me. 9 northeast 16th street " delraybeach, fiorida 33444 (561) 265~l983'` fax (5s1) Zfi5-4611'` a-mail: bkruger(mbellsouth.net ~~ w 0 z i=- cn x 0 U 3 izi N s 0 Q O v 0 0. 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The property is located on the east side of Military Trail, approximately 2,140 feet north of Atlantic Avenue (14378 Military Trail). BACKGROUND The property was development as a nursery while under Palm Beach County jurisdiction; however the property was utilized as a farmers market (retail) for many years and contains 2.63 acres. Part of the property was annexed in 1990 and the remainder in 1994. There have been several modifications to the property since annexation, which include improvements to the vehicular circulation and buffering to increase the compatibility with neighboring uses. It is noted that the residential neighborhood (Lee's Crossing) to the east has expressed concerns with respect to noise, truck lights, and dust emanating from the market. While this particular site plan modification is specific to a new 10-foot high wall with landscaping, the proposed plans include several additional site improvements such as building additions and parking area modifications. These improvements are not part of this application and will need to be submitted separately, which the applicant has acknowledged. Meeting Date: June 27, 2007 Agenda Item: IV.A. SPRAB Staff Report The Boy's Farmers Market Class I Site Plan Modification Page 2 The current proposal is to construct a wall along the eastern property line and is now before the Board for action. PROJECT DESCRIPTION The development proposal incorporates the following: • Installation of a 10-foot high prefabricated concrete wall along the eastern property line that includes a 3-foot wide gate for maintenance access. The wall be setback 4 feet from the eastern property line; and • Installation of associated landscaping. The development proposal includes a waiver to the following section of the Land Development Regulations: 1. LDR Section 4.6.5(C), which allows a maximum height of 8 feet for walls located in a required rear yard. WAIVER ANALYSIS A wall that exceeds the maximum allowed height of 8 feet (10 feet proposed) has been requested. 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: (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. Wall Height: Pursuant to LDR Section 4.6.5(C), walls located in a required rear yard shall not exceed 8 feet in height. The proposed wall is 10 feet high and located in the required rear yard along the east side of the property. The applicant has submitted a request for relief from the maximum wall height and the following verbatim narrative in support of the waiver: SPRAB Staff Report The Boy's Farmers Market Class I Site Plan Modification Page 3 "I am requesting a waiver from the 8 foot height restriction to allow a 10 foot wall that will be located between the entire length of Lees Crossing and the Boy's Produce Market. We have spoken to some of the residents of Lees Crossing and they are in agreement with the 10' wall. The 10' wall will, with fhe assistance of fhe canopy trees and hedge, will block the view of fhe Boys Market from Lees Crossing and will also better assist in blocking any offensive noise, dust particles, and anything else That could blow over to their property..." Waiver Analysis: As noted in the background section of this report, conflicts between the market and the adjacent residential neighborhood to the east have been recognized. In order to resolve this conflict, the applicant proposes to install a 10-foot high wall along the east side the commercial property. The proposed wall is located 663 feet east of Military Trail. Further, the wall will not create a sight distance issue with respect to vehicles or create a public safety concern. Since the wall will not be noticeable given the distance from the public right-of-way or create a public safety concern, a waiver can be supported to increase the height by 2 feet in order to increase the intended buffer. 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. LANDSCAPE PLAN ANALYSIS The City Horticulturalist has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The perimeter landscaping along the west side of the wall consists of Live Oak trees and a Ficus hedge. The east side of the wall will be planted with St. Augustine Floratam sod. ARCHITECTURAL ELEVATION PLAN ANALYSIS 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. 1. 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. 2. 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. SPRAB Staff Report The Boy's Farmers Market Class I Site Plan Modification Page 4 3. 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 proposed wall will have an ashlar (thin stucco) finish that will be painted Brandy Cream (medium beige). The wall is a prefabricated panel system that will have a decorative cap. It is noted that the applicant proposes to install the wall 4 feet from the eastern property line. The 3-foot wide gate will provide access to the east side of the wall for maintenance of the wall and sodded landscape area. The gate is an 8-foot high stainless steel door with a curved top and locking door hardware and handle. Based on the above, a positive finding can be made with respect to LDR Section 4.6.18(E). c..T~ _, ' = ' r{ r:` ~ ~~~ ~` ALTERNATIVE ACTIONS ` '~ e ~ ~ ~ f 1. Postpone with direction. 2. Move approval of the request for a waiver and Class I site plan modification, landscape plan and elevation changes for The Boy's Farmers Market 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 Sections 2.4.7(B)(5), 4.6.16 and 4.6.18(E) of the Land Development Regulations. 3. Move denial of the request for a waiver, Class I site plan modification, landscape plan and elevation changes for The Boy's Farmers Market 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 2.4.7{B)(5), 4.6.16 and 4.6.18(E) of the Land Development Regulations. STAFF_RECOMMENDATION By Separate Motions: Waiver: Recommend to the City Commission approval of a waiver to LDR Section 4.6.5(C), which allows a maximum height of 8 feet (10 feet proposed) for walls located in a required rear yard based on positive findings with LDR Section 2.4.7(B)(5). SPRAB Staff Report The Boy's Farmers Market Class 1 Site Plan Modification Page 5 Site Plan: Move approval of the request for Class I site plan modification approval for The Boy's Farmers Market, by adopting the findings of fact and law contained in the staff report, subject to the following condition of approval: That a note regarding the limits of this approval (i.e. fence and landscaping only) be provided on the site plan. Landscape Plan: Move approval of the request for landscape plan approval for The Boy's Farmers Market, 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 Sections 4.6.16. Building Elevations: Move approval of the request for architectural elevations for The Boy's Farmers Market, 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 Section 4.6.18(E) of the Land Development Regulations. Attachments: ^ Site Plan ^ Landscape Plan ^ Elevations IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTED BY THE BOY'S FARMERS MARKET 1. This waiver request came before the City Commission on July 24, 2007. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver request of the Boy's Farmers Market. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(B)(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. 4. Wall Height: Pursuant to LDR Section 4.6.5(C), walls located in a required rear yard shall not exceed eight feet (8') in height. The proposed wall is ten feet (10') high and located in the required rear yard along the east side of the property. Should the waiver be granted for the wall height? Yes No 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. 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 which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves denies the waiver requests and hereby adopts this Order this day of July, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 MEMORANDUM TO: MAY RAN iCITY COMMISSIONERS FROM: OTT ARONSON, ARKING MANAGEMENT SPECIALIST PAUL DORLIN AICP, DIRECTOR PLANNING AND ZONING ~v~..~'htg,~..L THROUGH: CITY MANAGER ~` ~I55~s-Fi~+CM DATE: JULY 18, 2007 SUBJECT: AGENDA ITEM # '1 • ~ -REGULAR MEETING -JULY 24, 2007 APPROVAL OF A REQUEST FROM CAFFE LUNA ROSA TO EXPAND THE OPERATING HOURS OF ITS VALET PARKING QUEUE ITEM BEFORE COMMISSION The item before the City Commission is to grant the approval of a request from Caffe Luna Rosa to expand the operating hours of its valet parking queue to open at 10:00 AM on weekdays and 9:00 AM on weekends. BACKGROUND Caffe Luna Rosa has had a valet parking license agreement with the City since February, 1999. The valet queue is located on the south side of Atlantic Avenue between Salina Avenue and Ocean Boulevard, (SR A1A). The current operating hours of the queue are 11:00 AM through 11:00 PM, seven days per week. The request before you is to extend the operating hours by allowing the valet to start operating at 10:00 AM on weekdays and 9:00 AM on weekends. Of the seven (7) total valet spaces, two (2) spaces on the west end of the queue are currently used as a loading zone for the surrounding businesses between the hours of 8:00 AM and 11:00 AM The request excludes the loading zone spaces. Upon approval of the request, these two (2) spaces will remain available for loading until 11:00 AM, at which time they will revert to valet spaces, pursuant to the original agreement. Approval of the request will result in a total increase of nine (9) hours per week for five (5) of the spaces. As these spaces are not currently metered during the non-valet hours, no parking revenue loss will result from the granting of the request. Given this fact, no increase in the fees is proposed. REVIEW BY OTHERS The Downtown Development Authority, at its meeting of May 14, 2007, unanimously recommended approval of the applicant's request (an increase in fees was not discussed at the meeting). The Community Redevelopment Agency, at its meeting of May 24, 2007, recommended approval of the applicant's request with the condition that the weekend starting time be changed from 9:00 a.m. to 10:00 a.m. to allow an extra hour for people visiting other businesses on the weekend to utilize the spaces. The Parking Management Advisory Board, at its meeting of June 26, 2007, in a 6-0 vote (Krall and Beer recused themselves due to a conflict of interest) recommended approval of the applicant's request to extend the operating hours of its valet parking queue to start at 10:00 a.m. on weekdays and 9:00 a.m. on weekends. RECOMMENDATION By motion, approve the request from Caffe Luna Rosa to extend the operating hours of its valet parking queue to start at 10:00 AM on weekdays and 9:00 AM on weekends. Attachment: ^ Location Map Z J~ LLJ v ~ Q w 1 Q z 3 ~ z O a Z LOWRY STREET 0 a w N W Q Y D! 0] O a ~ w ~ ~ V ~i VALET QUEUE O A T L A N T I C A V E N U E __ ~, ~- w ~ a Q Q c N ~ Q ~ ~~ O Q Z ~ Q w ~ O 2 ~> ~ ~ -~ MIRAMAR ~ DRIVE Q > Q F- a J ~ Z Q J Q Q ~ _2 Q ~ O a ~ ~ _ Q] U COCONUT ROW Z INGRAHAM Q ~ W ~ U OCEAN TERR. z ~ N A AU ST. z N CAFFE LUNA ROSA ~= SUBJECT PROPERTY j~ ~, ~3CEAN B~?IJLEVARC7 CITY OF DELRAY BEACH, fL ~{,~~iATIvN MAP PLANNING do ZONING DEPARTMENT v -- D/G/TAL @4SE MAP SYSTEM -- MAP REf: LM 1027 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~~ OBERT A. BARCINSKI THROUGH: DAVID T. HARDEN, CITY MANAGERC~. DATE: JULY 19, 2007 SUBJECT: AGENDA ITEM # F JULY APPROVAL OF SPECIAL EVENT REQUEST - 9"` ANNUAL GARLIC FF,~TiVAi. ITEM BEFORE COMMISSION City Commission is requested to endorse the Ninth Annual Garlic Festival to be held on February 8 through 10, 2008, to grant a temporary use permit per LDR's Section 2.4.6(F) for use of City rights- of-way to include NE 1St Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to NE 1St Street, the southwest section of the Old School Square parking lot, from 6:00 a.m., February 7 through midnight February 10, 2008 and use of the Old School Square Parking Garage, CRA parking lots in block 60, the City Attorney lot and the County Parking Garage and Library lots for event parking. The City is also being requested to supply staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation and clean up and trash removal and waive the 2 hour parking limit in the downtown area during the event. BACKGROUND Attached are an event permit, letter, budget, site plan, Hold Harmless Agreement and additional information on event benefactors received from Nancy Stewart, Executive Directory of Delray Beach Arts, Inc., requesting City Commission to endorse the Ninth Annual Garlic Festival, to use City rights-of--way, to place event signage and banners and to provide staff support for security, barricading, clean up, banner hanging and other assistance including parking as outlined in the permit. The event sponsor will be responsible for liability insurance, event management and set up. The overtime cost for this event is approximately $24,600, signage costs $250, barricades $200 and trash boxes $400, for a total estimate of $25,450. Based on existing Special Events Policies and Procedures the event sponsor would be required to pay approximately $10,290. Proceeds from the event will again be shared with volunteer organizations. This past year approximately $52,000 was given to volunteer organizations. The event sponsor will need to make a request direct to the CRA for use of their lots in block 60 and per our agreement with the Library, we cannot grant use of the Library lot. Our agreement only allows 11 days a year use and they are reserved for tennis tournaments. We will also have to obtain permission for use of the County Courthouse Garage. I would recommend that any of the lots requested, which are proposed as paid parking lots, be manned and fees collected by the City. U:\wwdatalEventslGazlic Fest\Agenda Item Approval of 9th Annual Gazlic Fest 2008.doc RECOMMENDATION Staff recommends endorsement of the event, granting the temporary use permit, approval of staff assistance as requested and waiver of the 2 hour parking limit downtown with the following conditions: • Receipt of event Certification of Liability Insurance no later than 10 days prior to the event. • Receipt of Certificate of Liquor Liability Insurance no later than 10 days prior to the event. • Liquor cannot be served prior to noon on Sunday. • Event sponsor be required to provide on-site dumpster service for vendors. • Event sponsor be required to provide grease disposal barrels on-site for vendors. • Installation of event signage and banners to be hung no earlier than 10 days prior to the event. • Require all vendor equipment and fencing to be removed from City right-of--way no later than 7:00 a.m., February 11, 2008. • Require all other items to be removed from Old School Square site by 5:00 p.m., February 11, 2008. • A copy of a rental agreement with Old School Square is to be provided to the City no later than 30 days prior to the event. • All trash and garbage to be removed from the event area by 7:00 a.m., February 11, 2008. • That charges for City services are subject to event policies and procedures that may be in effect at the time of the event. • City man and collect fees for any paid parking lots. RAB/db Attachments U:lwwdata\Events\Garlic FestlAgenda Item Approval of 9th Annual Garlic Fest 2008.doc June 22, 2007 Mr. Bob Barcinski City of Delray Beach 100 N.W. 1 Avenue Delray Bearch, F! 33444 Dear Bob, JUN 7 6 ~ODl AD~~rs ~: ~; ' ~-::~TIVE SERVICES BEACH INC. 1 am submitting our request for approval for the 9th Annual Delray Beach GarCtc Fest which will be held on Feb. 8, 9 810, 2008. We are requesting these items to be added to the City Commission agenda in Juht 2007: Use of Swinton Avenue again this year {from Atl~antb Avenue North to NE 1 ~ Street). This portion of the Gity would be closed frcun 6:00 am. Thursday, February 7~' through midnight Sunday, February 10, 2008. Use of Old School Square Parkir~ Game for event parking. {With Okl School Square Grounds Cb~d beginning Wednesday, Feb. 6~'ta begin setup.) Use of the parking surface south of the Otd School Square parking garage. Vendors, boated on Swbton wilt ~ down corr€plEtely after close of the event on Sunday, Feb. 10~'. We have also requested a $5,000 deposit from our food concessionaire to tae head until clean-up is completed, ensuring that the site is Leaned to the city's expectations. This festival will again be a gated event with an admission fee of $10 per person. This admission flee is charged in order th guarantee monetaryr contributions to volunteer and non- profrt otganizations Wrorking our event. We r~orded charitable contributions again fast year of $56,000 fear the non-proft organizations fast year. Event dates are Friday, February 8, 2008 05:00 pm -10:00 pm), Saturday, 9"', 2008 (11:tm am to 10:00 pm) and Sunday, February 10 , 2008 (11:00 am to 7:00 pm). PARKING: 1) Gourtlwuse/library Parkbg Garage 2} Old School Square Parfcbg Garage 3) CRA Parking lots 2, 3 ~ 4 / Bkack ~ North side of City Hall 4) City Attorney bt Should you have any ctuestions, please contact me at 274-4663. Thank you for your consideration and supportf Sincerery, ~~~, Nancy Stewart Executive [lirector t?elray t3eactr Garlic Fest PS - !'ve also inducted a Parl~rg limit Waiver Request, Hold Harmless /~greerrrent and Nocse/Alcohol Waiver Request (Hold Harmless to follow.} Gar1Fc Feax City Re4 L~' 2009.doC Delray Beach Arts, Inc. 223 NE 1st Avenue Delray Beach FL 3344437 t 4 Sponsorlnfo Tel: (56]) 2744663 Vendors 8. General lnfo Tel: (561 } 279-0907 Fax: (56]) 274-6129 www.dbgadicfest.com June 22, 2007 Mr. Robert Barcinski, Asst. City Manager City of Delray Beach 100 N.W. 1 Avenue Delray Beach, FL 33444 RE: Downtown Parking Limit Waiver Dear Bob, Delray Beach Art's 9th Annual Defray Beach Garffc Fest, is requesting a waiver for the 2 hour parking limit in the entire downtown area on Friday, Feb. 8t~', Saturday, February 9~', and February 10~', 2008. Should you have any questions, please contact me at 274-4663. Thank you for your consideration. Sincerely, ~ C_~~~Cc.C~ Nancy Stewart Executive Director Delray Beach Garlic Felt Parking Limit Waiver 2008 A BEACH INC. Delray Beach Arts, Inc. 223 NE 1st Avenue Delray Beach FL 3344437]4 Sponsor Info Tel: (561) 2744663 Vendors 8. General Info Tel: (561) 279-0907 Fax: (561) 274-6129 www.dbgarlicfest.com r~ City of Delray Beach `~`R''e Special Event Permit ~r,~ Application ' ' ~ PLEASE PRINT 20a . Event Approved/Denied Date of ApprovallDenial I Approved/Denied by Titles /' 1. Event Name/Title: ~~ IGIVlVCJf~L ~~( ~~-~ ~Cc~L<< G ~5~ 2. Event Date(s): Event Time(s): 3. 4. 5. 6. 7. 8. Event Sponsor/Producer:_ Event Contact/Coordinator: n,a.~..,a.a... !1 ~.~ A l s. Telephone Number: E-mail Address: ~ Event Descriptio L ~ aG .w T a• G Cellular Number:`. '1 O 3 3 4 `~ Z. ~ C5 G.. I.JT ~... T ~.T' -- 2 ~ c. ~ ~~ fZ- t to l.y c.o. I lU ain -Pro ~~~ (If neighborhood black party, then please skip questions #10-35 and go to question 1136) 9. Sponsor Category: (please check) City ^ Non-Profit/Charitable ~ Private ^ Co- Sponsor -Non-Profit/Private ^ (If Non-profit attach proof of 501 c(3), c(4), c(6), c(10) or c(19)) 10. Event Location/Address: w ~ .- .SCh ~~ Cs? cJ O~ tZJ N ~ ~- i /U ~' tf] Site plan attached:' ~ ~ eyes aC no (Site plan required for entire event s/te) 'l2. Event budget attached: yes x no (Required for all events) 13. Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 14. Event certificate 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 amplified music: yes~_ no (Waiver requlrea~ 16. Requesting Police assistance: yes ~ no (Traffic controUsecurity) ~~ u ~ ~ ~ S ~CuJ'c }~ ~ l'C~ ~CS~- lDK 4-v ~~` t 1 17. Will supplement with private security: yes ~ no (If yes, need plan attached) 18. Requesting Emergency Medical assistance: yes ~ no 19. Requesting barricade assistance : yes_,x no 20. Requesting trash removallclean up assistance: yes ~ no 21. Requesting trash boxes and liners: yes no 22. Requesting stage use: yes no_~_ (If yes, check type) Large stage covered ^ Large stage no cover ^ Small stage ^ Half small stage ^ 23. Requesting signage: yes ~ no~ Type: Event sign (4'x4' Directional signs Banner hanging Indicate dates requ red~n.,~~ ~r'J (Waiver required if ore than one (1) week prior to event) J~~ ~~~~ ~~ 24. Food and beverage vendors: yes no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor w his due no latgr, than on~ey~ee prior to the evnent /v U Ff ~ ~cc.nc c S c d (~v~5 ~ ~v F~-. ~ I-r U ~--or, <~r~ .-n _954/' ~ 5 ~~_-! 9 /Uuy !6-`-h 25. Health Department approval: (see attached) ' yes.!C _,., no 26. Other vendors: yes .X no____y_~ 27. Tents: yes~~ no (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes~_ no (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of fheir liabiliyy insurance) ~ ~u .~u2.~9 n.ic ~. ~ 3 c.~ f ~ 1c ~ ~J2 c a2 29. Will the event be gated? yes no (Show on site map) 30. Will there be fireworks or other pyrotechnics? yes no (lf yes, contact Fire Marshal!) x 31. Will there be cooking with compressed gas? yes no (If yes, contact Fire Marshall) u 32. Will you be providing port-a-lets for the event? yes no (If yes, locate on-sife map. If no, indicate how you will handle restroom needs) ~ 33. 10~ Will there be a charge for the event? yes ~C no (If yes, indicate ticket prices) 34. Is reserved parking requested? yes_S~ no (If yes, indicate /ocations) ~.. cou..c~l ~ 1 J 2 35. Neighborhood Block Parties (Neighborhood block • Is event sponsored by the Homeowner's Association? yes no (If not, then individual(s) submitting permit application mast also submit a petition signed by 51 % of the homeowners who live on the block) • Please note the foilowing:1) Approvals will only be given for a one (1) block area 2} Permit applications must be received in wri#ing by the City Manager's Office at least thirty (30) days prior to the even#.3) Consumption or sale of alcohol on City rights-of--way will 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. Please ~p -c~ J 'U ~ ate r 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 ~ Date Received ~/.u/v ~ Application fee received $ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 2008 Delray Beach Garlic Feat Proposed Budget Ortl r~~ Reverlt~s Jan -Dec 08 BREAKDOWN/ DETAIL 2008 BUDGET Admissions {23,000 paid $10 ea) 230,000.00 Membershi Contracted Service Revenues Other Revenue 123,200.00 Chair Rental Income 1.~•~ Alcohol Sales ~~~•~ Mercantile Area 2,500.00 Tent/Table Rental 2.7~•~ Vendor Fee Income ~,~-~ Food Income 25°~ of ross ~,~-~ Rides/Children's Area 15% of roes 17,000.00 Co orate Contributions 60,000.00 S nsorshi ~,~•~ Foundation Grants Other Private Su rt Government Grants-Federal Government Grants•State Government Grants-Local not TDC/PBCCC 6,050.00 Recreation Assistance Grant 5,050-~ Commun- Redevelo ent en 500-~ Downtown Develo ment Autho • 5.00 Ca o B or C Grant 10,797.00 licant Cash Total Revenue 430,047.00 2008 (iarilc Fast Proposed Budget-City Ordinary Jan -Dec 08 BREAKDOWNI DETAIL 2008 BUDGET Personnel-Admin/Tech/Artistic 81,750.00 Office Staff Person-Full Time 35,000.00 Vendor Coordinator 2,500.00 Event Coordination 2,500.00 Executive Director 10,000.00 CFO 10,000.00 O rations Mana er 1,750.00 Personnel-Marketin Outside Professional Services- Artistic 91,000.00 G hic Des' n 8,000.00 Phot ra her 1,500.00 Entertainment (National Acts, booking tee, sound 8~ I' hts 80,000.00 Web Des' n 1,500.00 Outside Professional Services- Marketin Outside Professional Services- Other 107,950.00 City Servires Fire, Police PB~R, Public Works 15,000.00 Contrail Labor (Operations, Emcee, Cash Room, Intem, Garlic Chef Stadium, Bars, 19,100.00 Private Secu ' 7,500.00 Sffi a Tedrs 3,500.00 Professional Fees Accauntin al 2 850.00 Volunteer Contributions Atlantic High Eagle-atlas Banyan Creek Elementary School Boy Scout Troop 301 Caring Kitchens Children, Hope 6 Horses Corebridge Educational Academy Delray Beach Police Explorers Delray Beach Public Library Delray Rangers Travel Baseball Assoc. Morikami Park Elementary School Project Thanksgiving/United Way The Mirada League Delray Business Partners (Chamber Leads Grou 60,000.00 S ce Rental for P ram 8,250.00 8,250.00 Rerrt/Mo a 13,920.00 Office Rent 12,000.00 Stora a Rent 1,920.00 Marketin Advertisin 22,808.00 Advertisin Fee 4,000.00 Annual Re ort Filin 61.00 Street Banners 3 000.00 Billboard 500.00 Printin 3,050.00 S' na a 997.00 Television Ads 4,250.00 News a r/S 'al Section 3,500.00 Web Hostin 250.00 Posta a 3,000.00 Travel/Su Iies/Other 19,294.00 Hotel rooms-National Ads 9,000.00 2008 Garlic Fest Proposed Budget-City Mote! rooFr~s-Sf~f 1294.00 08iae 7,000.QO 2000.00 Ramaitu tQ5~275.OQ staiF tnareantile 8ems 7.600.00 Autarrwbie 500.00 Bank Setvloe Cha ees 1025:00 Bear coat 1400.00 cost 15,000.00 12400.00 5.000.00 fees 1.850.00 ik~es & 100.00 rs 500.40 Equ~rr-ent Rer~l (Dies fitiek P~ a- lets, nos, teErls, tables, d~airs, tower 33,3t?O.QO Gamic CI~Stadiu[n (apeans, food. 5.850.00 ioe 1,000.00 tnsuranoe 4550.00 Licansea ~ Perr~tks 300.40 C Setvioe 300.40 u" , 1,300.00 . 7 2.50040 VtP 500.04 Tolat 43Q,Q4T.QQ 2008 GarNc Feat. PrOpOaed Bud~t-City ~~ ~ z~ s ,,. BEACH A ,INC. DELRAY BEACH GARLIC FEST BENEFICIARIES TO DATE (Bold - 2007 Beneficiaries) 505 TEEN CENTER - DELRAY BEACH YOUTH COUNCIL ATLANTIC COMMUNITY HIGH SCHOOL BAND BOOSTERS ATLANTIC HIGH SCHOQL EAGLE-ETTES ATLANTIC HIGH FOOTBALL TEAM ATIANTIC HIGH JUNIQR VARSITY GIRLS BASKETBALL AVDA {AID TO VtGTIMS OF DOMESTIC ASSAULT BANYAN GREEK ELEMENTARY SCHOOL BOYNTON BEACH COMMUNITY HIGH SCHOOL TIGERETTES BOYNTON/DELRAY EXCHANGE CLUB BOY SCOUT TRElOP 3D1 CARING KITCHEN OF G.R.O_S. MINISTRIES CARVER MIDDLE SCHOOL CHILDREN HOPE & HORSES CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY CQREt3RIDGE EDUCATI{~NAL ACADEMY Dt~RAY BEACH CHAMBER OF COMMERCE EDC~ATIQN FQUNDATIQN DELRAY BEACH PUBL~ LIBRARY DELRAY BEACH POLICE EXPLORER POST 3'19 DELRAY BEACH FIREFIf3HTERS DELRAY DESTROYERS DREYFOOS GOMMUN~ATION ARTS PARENT ASSOCIAT~N FUTURE BUSINESS LEADERS OF AMERICA HAVEN FOR ABUSED CHILDREN HOSP~E OF PALM BEACH COUNTY MORIt4AM1 PARK EI~AIIENTARY SCHOOL OLD SCHOOL SQUARE EDUCATION NIENTORII~IG PROGRAM PINE GROVE SCHOOL (}F THE ARTS P[NEAPPLE GROVE - DELRAY BEACH PINEAPPLE GROVE ART WALK PROJECT THANKSGIVING ROSA TUSA SCHOLARSHIP FUND S.D. SPADY ELEMENTARY MONTESSORI MAGNET SOUTH FLORIL?A D1t'NAMICS ST. VINCENT FERRER CATHQLIG CHURCH SUNRISE KIIAtANIS UNITY OF ATLANTIC HIGH SCHOOL YOUNG SINGERS OF THE PALM BEACHES X10 DANCE TEAM ~~ CiO~I fV~R~ ~~,~.3 * Total Contributions i~o ©ate = X187,429 67 0 ,o f ~, v • v =A p i ~~ ~~ ~I ~o ~a ~m 0 ~~ I ., HQLD HARMLESS AGREEMENT THIS HOLIy HARMLESS AGRE>E;MENT, is entered into this ~~o day of 20t?~by and between the CITlt OF DELRAX BEAC><i[, FLORIDA, a Florida municipal corporation (herein^aft~er referred to as "CITY") and ~~f~U ~ L+i~ ~-xG'C~ ~1~1~.fhereinaftax referred to as "EVENT SPONSOR"), wITNES SETH: WD'ER.EA,S, EVENT (Sp~ON'SOR seeks to hold a special event known as Q`~'1 ~'~1rlU~ ~'~C~~l L i"LS ~ to be held on ~PJ ~6. ~ l U . ~U (hereinafter referred to as the "Event"); and WHEl4i<EAS, the Event will be held within the City limits of Delray Beach; and WHEREAS, the City Commission has determined that such an Event promotes the public's health, safety and welfare. NOW, THEREFORE, for the mutual covcnatits ar~d matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are i~acdrporated herein. 2. Indennnrfeation. EVENT SI'ONSQR, for good and valuable consideration, agrees to defend, indemnify, and hold harmless the CITX, its agents, o~xcers, employees and servants from any and all suits, causes of action or any claim whatsecvcr made; and damages, which may result from any activity conducted ray Ev~NT SI'ONSaR, its agents, employees, assigns or contractors, izt relatiori to the Event. *~ r 11 1 . y 3. Insurance. EVENT SPON50p. shall obtain insurance ca~vez~izig the Eveirt in the amounts and of the types specified i~; Exthibit "~-" attached hereto which is incorporated herein as if fially set forth. 4. Goye~yin~ lewsi~venue. 'This ,~,greeme~at shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the pro~risions of this agreement shall be brought in the Statd or Fedezal courts located iu :Palm Beach County, Florida. 5. Bindin¢'Ef~ect. All of the terms and pro~visions~oi`this Agreement shall be binding upon, inure to the benefit of, and be en~i'c}zceable by, the parties hereto and their respectivo heirs, successors, Iegal representative;3, and permitted assigns. 6. Tntire AQreernemt. This Agreement shall constitute the entire agreement of the portico with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merg~sd into this Agreement; which alone fully and oormpletely expz~esses their understandlrig, 7. Amendments. 'Phis Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreenotez~t ion writing duly executed by each of the parties hereto. $. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under car by reason of.tlais Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is ax~.ytt~iog in tbas Agreement intended to relieve ar discharge the obligation az liability of any third persons to a~ party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over ar against any party to this Agreement. :L `. ,, ]rl' WITNESS V4THERECF, the parties hcrcto have entered into this agzeement the day and year first written above. ATTEST: C~'~`Y Off' bEF;RAY -1g~ACH FLQRIDA By; City Clerk Approved as to Norm: By; a Florida municipal corporation By:. Rata Ellie, ~laycr City Attorney SSES: 6~ /viC1oN /V ~ (print or type name) (print or type name) EV EN'S' SPONSOR By:. /tar N S~~~X.c~ rizxt or type name} (SEAL) STATE OF FLORIDA COCJN7"Y OF The foregoi~ag instrument was acknowledged before me this day of __ , X00_ by (name of officer or agent, title of ofFiiaer or agent) of (namc of corporation aclctiowledging}, a _ (state or plane pf incorporation) corporation, on behalf t . inxtxais '' . , EXH[BIT A ' ` y ` INSURAHTCE REQiI>GREiVfENTS OF THE CITY OF DEI,RAY HEACZ:Y EV'ENT' SPONSOR shall not corrunence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received end approved by the City of Delray Beach Risk Maaager. if you have any questions call (561) 243-7150. The following insurance coverage shall be y~equired. A, Vilorker's Compensation Insurance„ as rcquirod bylaw, covering all employees and providing benefits as set Earth i:n Chapter 44G, Florida Statutes and including Employers Liability coverage, re~,ardless of the szze of your ("itrm. EVEI`iT SPONSOR further agrees to be responsible for employment, control and. conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. ...,, ; 8. eornprehensivc commercial genen~l liability insurance to include coverage for premises end operations, independent contractors, .broad form contractual liability, pasonaGl injury,• and if items are sold, Products and/or liquor liability, in connection with the contractual relationship ,and ectivities.being done under this egreemettt. ~ as 'cv will~.be.e~ -d to include the itv £ 1 v each ;rg d , '~neec_ arced as additlcnal v.s, The insurance will be written Qz~,~~n occurrence basis with the limits of liability not less thaw $1,00O.OOG.OQ coml~iaed single limit per occurrence, and as an annual aggregate, cavcri~ag, bodily. injury, pxopert3' damage and personal injr~ry. G. Motor. Vehicle LiabilitX Insurance covering all vehicles associated with the Licensee`s operations to include all owned, non-owned and hired vehicles. The coverage will be; written on' fin occurrence basis with ii.nnits of liability r-ot less than $1,44Q,000.QO combinod ;single limit per each occurrence. D. The certification r•proof of insurance nnust contain $ Provision for notification to the City thirty (0) days in a4iva~ice of any material change in coverage, non- renewal or cancellation... • ., t:, EVENT SPONSUI2 shall furnisk~~ .to ..th~ ~ City, Certificate(s) of Lzsuranoe evidencing insuuance rcquirtd by the provisions set~fc~rtki above, ~ days Prior to the holding of the event. If so requested bx~the Ceti', certified copies of insurance policies will be provided by EVENT SPONSQ~. .: ,,. , ' If azty of the above coverages•~. eicpii~re during the term oi' this agreement, EVENT SPONSOR will provide a renewal, certif~rate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Risk A~anager, 100 N.'W. x# Avenue, Delray Beach, ~lorida 33444 with p ~iSY ~ ,,assistant ~hY Mana~er,'[00 N.W. In Avenue Daly Beach, Florida 33444 Erouru+x prov Sp Event FQRM.e;L . ~ .:. ~: ~ ~ . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINSKI THROUGH: DAVID T. HARDEN, CITY MANAGER ~~~~-~~- C/UI DATE: JULY 19, 2007 SUBJECT: AGENDA ITEM # - ~ • ~ REGULAR MEETING OF JULY 24.2007 SPECIAL EVENT REOUES'~ -PALM BEACH COUNTY FIREFIGHTER AND PARAMEDIC CHILI COOK OFF ITEM BEFORE CONIlVIISSION City Commission is requested to consider approval of the 11~' Annual Palm Beach County Firefighter and Paramedic Chili Cook-Off (first time held in Delray Beach) sponsored by the Professional Firefighters Paramedics Benevolent Fund, Inc. proposed to be held on October 20, 2007 from 11:00 a.m. to 11:00 p.m. Commission is also requested to provide staff support for traffic control and security, EMS assistance, site clean up and trash removal, event signage and use of the Old School Square Parking Garage, City Attorney lot, County Courthouse Garage and Library lots and CRA Parking lots in block 60. BACKGROUND Attached are a letter, event permit, budget, site plan and proof of non-profit status submitted by Nancy Stewart on behalf of the Palm Beach County Firefighters and Paramedics Benevolent Fund. Ms. Stewart has been hired to manage and produce this event. This event will be gated with an $8.00 admission charge. Alcoholic beverages will be sold, and the event will feature food and beverage vendors, as well as entertainment. Estimated costs for City services are $6,045 for staff overtime, $250 for signage and $200 for trash boxes. Although this is the 11'~ Annual event, it is the fast time it is being held in Delray Beach and based on past interpretation of the Special Event Policies and Procedures; it would be considered a first time event with no charge. Staff feels that they should be charged the full cost or at least be approved conditionally based on the Special Event Policies and Procedures that will be in effect at the time of the event. The event sponsor is also asking for the use of four (4) parking lots for reserved and paid parking. The request to use the CRA tot needs to be made directly to the CRA. The Old School Parking Garage may not be completed in time for this event. Staff would recommend that if charges for parking are considered for the event that the City man them and collect the fees. RECOMMENDATION Staff recommends consideration of approval of the event and staff support as requested with the following conditions: 1. A Certification of Event Liability Insurance is received at least ten (10) days before the event. 2. A Certification of Alcohol Liability Insurance is received at least ten (10) days before the event. 3. A copy of the Rental Agreement with Old School Square is received ten (10) days prior to the event. 4. That the event sponsors pay 100% of City costs. 5. That the City man and collect parking fees if charged for the City lots and County lots requested for use. RAB/db U:\wwdata\agendalAgenda Info. 7.24.07\Agenda Item re Approval PBC Firefighters Chili Cookoff2007RV.doc June 22, 2007 Mr. Bob Barcinski City of Delray Beach' 100 N.W. 1 Avenue Delray Beach, FL 33444 R£CE1i~~p ~ U N 2 6 2007 ADrviii~~~ ~ RATIVE SERVICES Dear Bob, I am submitting our request for approval for the 11th Annual Palm Beach County Fire Fighter and Paramedics Chili Cook-Off. We have reserved the date of Saturday, Nov. 3, 2007 with ~/~~ ~(~-FQ ~~ Old School Square. We are requesting these items to be added to the City Commission ~ GG-~i~- ~ x'17 agenda in July 2007: ^ ~ Use of Old School Square Parking Garage for event parking. {Wrfh setup beginning on J~ Old School Square Grounds Thursday, Nov.1st to begin setup.} This festival will again be a gated event with an admission fee of $8 per person. This admission fee is charged in order to guarantee nxfnetary contributions to volunteer and non- profit organizations selected by the Fife Fighter and Paramedic Benevolent Fund. Event date is Saturday, November 3"', 2007 (11:00 am to 11:00 pm}. PARKING: 1) CourthouselLil~rary Parking Game 2} Oki School Square Parking Game 3} CRA Parking lots 2, 3 8 4 !Block 60 North side of City Hall 4) City Attorney lot Should you have any questions, please contact me at 274-4663. Thank you for your consideration and support! Sincerely, ~~~ c.~.,,/ u~ Nancy Stewart r Executive Director Delray Beach PS -I've also included Noise/Alcohal 1Maiver Request and Hold Harmless Agreement attached. Arts, Inc. Chili Cook-O!f Ciry Req Ltr 20U7.doc 223 NE 1st Avenue Delray Beach FL 334443714 Sponsor Info Tel: (561) 2744663 Vendors 8. General Info Tel: (561) 279-0907 Fax: (561) 2746129 www.dbgarlicfest.com City of Delray Beach Special Event Permit Application PLEASE PRINT ' 993 Znm Event Approved/Denied Date of Approval/Denial Approved/Denied by Title r 1. Event Name/Title: 11~l~f'1 I~nr~U a. ~ COUn,~ t-t ~`L ~ 6 j 2. Event Date(s). ,P,~ Event Time(s): ~Glr n I n~ - ~~ mac, n'~ t t cw~n.. - ~ ~ ~ rn Parcv~~ d~c ~d<<~c-~ 3. Event SponsoNProducer: 'TJ sc..l r-c,~. f ~.- N ~- 4. Event Contact/Coordinator: G~ ~ 5. Address: aa3 N `~ tS i J ~.Cr 33~1~~ 6. Telephone Number:, (-a-"l9-OgCj'7 .Cellular Number: Sb~-"1y3 -7d~g 7. E-mail Address: ~ 0.v E.r1L1 ~- Co 8. Event Descripti n: I.s ~ R.Cc.~,S ~' ~ o ad- e ~{'~"k~'v.+n vn ~~ ~.u t..~T ~ ~ o c - 0. cam, S ~ ~-c~-~.c~ ~ t"E. ~ ro r~T ~~C' A~ ~~C~ (lf neighborhood block party, then please skip questions #10-35 and go to question #36) 9. Sponsor Category: (please check) City ^ Non-Profit/Charitable,~ Private ^ Co- Sponsor -Nan-Profit/Private ^ (lf Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19)) 10. Event Location/Address: O t C]. S c-!'~acJ 1 _ `~QU c~-2-~ Site plan attached: - yes Jc no (Site plan required for entire event site) ~ 12. Event budget attached: no yes (Required for all events) o X 13. lic beverages: Serving or selling alcoh no yes (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 14. Event certificate of insurance attached: yes . no (Required two {2) weeks prior to event naming the Clty as additional insured, also required for vendors) k 15. Playing of amplified music: no yes (Waiver requirea~ k 16. Requesting Police assistance: no yes (Traffrc control/security) `~ak~ J ~ Gvr.c ~ ~ r-~,r~ v „-, ~.5 ~ ' o ~( '~ tr'G~.~c L. l~ ~j QO 1 ~ C_.~.- 1 17. Will supplement with private security: yes ~ no (If yes, need plan attached) 18. Requesting Emergency Medical assistance: yes ~ no 19. Requesting barricade assistance : yes_ ~ no 20. Requesting trash removal/clean up assistance: yes ~ no 21. Requesting trash boxes and liners: yes_ ~ no 22. Requesting stage use: yes no ~ (If yes, check type) Large stage covered ^ Large stage no cover ^ Small stage ^ Half small stage ^ 23. Requesting signage : yes ~ 5 no 'Type: Event sign (4'x4'1 Directional signs ~ Banner hanging ~ Indicate dates required OC~T-l B -- d 'k~ ~D'7 (Waiver required if ore than one (4) week prior to spent) 24. Food and beverage vendors: yes ~C no If yes, please provide the approximate number, as well as the name, address, and contact phone number of ea h ve or which is d no I ter th none week prior to the vent - ~~r ~~c-c. SGO ~ ~. CJ~ 25. Health Department approval: (see attached) yes x no 26. Other vendors: yes '~ no 27. Tents: yes k no (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes ~ no (If yes, type and location and copy of liability insurance required)(A/so, 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. no 30. (Show on-site map) Wtll there be fireworks or other pyrotechnics? yes no~~_ (If yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? yes no X (If yes, contact Fire Marshal!) x 32. Will you be providing port-a-lets for the event? yes no (If yes, locafe on-site map. !f no, indicate how you YI an d/e restroom needs) ~g 33. Will there be a charge for the event? yes ~ no (!f yes, indicate tickef prices) ~ 34. Is reserved parking requested? y s no (!f yes, indicate locations) s ~~ ~o~ ~ ~~~~ 2 35. boyhood Block Parties block • Is event sponsored by the Homeowner's Association? yes no~, (If not, 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 Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of--way will 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. ~..~.~- ~ ~ ate--a ~ Eve t Contrac NCoordinator ate Please print: (l1(a N C <d ~ T"~c.~! ~ 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 Date Received Application fee received $ Site map Budget. Certificate of insurance Hold Harmless agreement Security plan . Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 2007 Palm Beach County FiretlghberslParamedics Chili Caokaff Ordinary Revenues Jan -Dec 07 Admissions (600 ~$6) BREAKDOW W DETAIL 48000 2007 BUDGET 48000.00 Alcohol Sales 36000 Vendor Fee Income(60 x$200) 12,000 Food Income (25% of gross) 5,000 Rldes/Children's Area (25% of gross) 1,500 Corporate Contributions Sponsorship 10,000 Foundation Grants 0 Total Revenue 112500 112500 Ordinary Expense s Jan -Dec OT BREAKDOWN! DETAIL 2007 BUDGET Personnel-AdminlTech/Artistlc Event Coordination 20500 O rations Pa II 50D0 Outside Professional Services- Artistic Gra hic Des' n 1500 Entertainment (National Ads, booking fee sound & I' hts 30,0 Outside Professional Services- Other City Services Fire Police PAR Public Works 7,500 Private Secu ' 3000 Sta a Techs 1 `~ Professional Fees Accounti L al 300 Charitable Contributions 10,000 OSS Rental 5,000 Marketing/Advertising nrKing 1000 ignage 1,~ TraveUSupplieslOther ote rooms-National ds 1000 ote room to 250 ce upp ies 1,000 Remaining- Operating Expanses Automobi expense 200 n nnce arg ees 200 r cost 4200 ine cost 2000 nerators/Povier 3500 encmg 2200 Maili delive fees 300 Equipment Rental (Diesel fuel, port-a- lets, repairs, tells, tables, chairs, tower I' hts, fens 7,500 Ice 500 Insurance 1000 Licenses 8 Permits 250 Tale hone 600 Miscellaneous Haas 1500 Total Ex Haas 112500 E ~^ ~,, ~ i ~ ~ ~~ ~~ i ~ ~ ' _. s ~~ ~~ ~ ~ ~, ~1 ~ ~ V' -"i ' s ..~ , ; ~. .~~. D !5'~ ._ J. "'ti ~ A ~~ '=4 ~ t 1 E~ v •~~~~ 6:. I , F ... ~M'.r 1 ~ ~ ~ I ,~ J _ i • ' * -~ ; ~ • awe ~~ ~, ~ ~ ~. ac: ~ ,~ • ~ Q ~ r ~ t J ~ ~ ' ~~~ ~ w ~~ ~ V ~ ~ t ~{ ~ ~ ' e.~ i - 1 7~w~ ..~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER y~ ~"SS! S'~"~~ DATE: JULY 20, 2007 SUBJECT: AGENDA ITEM # ~ . ~ -REGULAR MEETING OF JULY 24, 2007 APPROVAL RESOLUTION NO. 42-07 AND SPECIAL EVENT REQUEST 30~ ANNUAL ROOTS CULTURAL FESTIVAL FAMILY DAY IN POMPEY PARK, ACADEMIC OLYMPICS, PRAYER BREAKFAST, FESTIVAL PARADE AND WEEKEND FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to approve Resolution No. 42-07 supporting and endorsing the 30tH Annual Roots Cultural Festival. This year's events include the Academic Olympics being held on July 28, 2007 from 9:00 a.m. to 5:00 p.m. at Pompey Park, Family Fun Day on August 4, 2007 from 9:00 a.m. to 8:00 p.m. at Pompey Park, Parade on August 10, 2007 starting at 6:30 p.m., Prayer Breakfast on August 11, 2007 from 7:00 a.m. to 10:00 a.m. at Pompey Park, the Festival being held at Old School Square on August 10, 2007 from 6:45 p.m. to 11:00 p.m. and August 11, 2007, 11:00 a.m. to 11:00 p.m. and the Gospel Fest on August 12, 2007 from noon until 8:00 p.m. Commission is also requested to grant a temporary use permit per LDR Section 2.4.6(F) for the use of City facilities, rights-of--way and parking lots, and to authorize staff support for security, traffic control, EMS assistance, barricading, signage, and cleanup and trash removal. In addition, Commission is also being requested to waive rental fees and staff overtime costs for the Family Fun Day and other events at Pompey Park, to waive large, stage rental fees and overtime costs, to provide use of City Hall parking lot for paid parking, reserved parking for vendors, entertainers and volunteers, and to provide use of the City generator and tables and chairs for use at Old School Square. BACKGROUND Attached is a letter, special event permit application, budget, site plan and support list for the requested events received from Alberta McCarthy on behalf of Roots Cultural Festival, Inc. The weekend festival will be gated with a charge of $5.00 per person and alcoholic beverages will be served. Food and beverage vendors, as well as a children's area, will be on site at Old School Square and entertainment will be provided. U:\wwdata\EventslRoots Cultural FestivallAgenda Item Approvol Roots Cultural Fest Family Day etc2007.doc City costs for each of these activities are approximately asfollows: Academic Olympics -Overtime $0, Rental fees $108 Family Fun Day -Overtime $4,550, Rental fees $0 Parade -Overtime $1,300_ Prayer. Breakfast -Overtime $0, Rental fees $48 Festival -Overtime $11,070 Gospel Fest -Overtime $0 Stage Rental - $1,597 Signage - $250 Estimated Total $18,923 Based on event policies and procedures the estimated costs for City services that would be charged to the event sponsor are as follows: Academic Olympics - $108 Family Fun Day - $1,420 Parade - $120 Prayer Breakfast - $48 Festival - $3,525 Gospel Fest - $0 Stage Rental - $1,597 Signage = $250 Estimated Total $7,068 We will work with staff and the event sponsor to try to reduce these costs. In the past, City Commission has waived. city facility rental fees and overtime costs for the Pompey Park staff. If rental fees and Pompey Park staff overtime are waived, the estimated total cost for City services would be $6,912 without waiving Parks and Recreation Parks Maintenance staff costs, which are $1,140. In addition, the City does not have available table and chairs for use at Old School Square as requested. They will either need to rent these or see if they can get some from Old School Square. RECOMMENDATION Staff recommends approval of Resolution No. 42-07, approval of the temporary use permit, approval of banners on the event sites and event signage (to be placed no more than 10 days prior to the event), staff support as requested, use of the City Hall Parking lots by the event sponsor for paid parking, use of other parking lots for reserved parking, use of the City generator, waiver of Pompey Park rental fees and Pompey Park staff overtime contingent on the receipt of the Hold Harmless Agreement, Certificate of Event Liability Insurance, and Certificate of Alcohol Liability Insurance. U:lwwdatalEventslRoots Cultural FestivallAgenda Item Approvol Roots Cultural Fest Family Day etc2007.doc RESOLUTION NO. 42-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTNAL, INC. IN THEIR SPONSORSHIP OF THE THIRTIETH ANNUAL "ROOTS CULTURAL FESTNAL" IN THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the Roots Cultural Festival, Inc., is sponsoring the Thirtieth Annual Roots Cultural Festival in the City of Delray Beach being held from July 20, 2007 through August 12, 2007; and WHEREAS, the Roots Cultural Festival presents to the community, state, and nation a view of the rich cultural heritage of people of African ancestry in our city; and WHEREAS, this festival was originally conceived by the. Jefferson Manor Homes Association in an effort to bring people together to develop pride, respect, and appreciation for their community as well as the particular heritage which they bring to the city; and WHEREAS, the Roots Cultural Festival provides an opportunity for exciting experiences for all, reminiscent of the Bahamas, the West Indies, Haiti, and other countries from which people of African ancestry have come to Delray Beach; and WHEREAS, the activities of the festival are to promote math, language and communication development among our youth; to promote physical fitness through sports tournaments; to promote cultural enrichment and appreciation through exhibits, creative dance and dramatic presentations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby supports the Roots Cultural Festival, Inc. in their sponsorship of the 30~' Annual Roots Cultural Festival in the City of Delray Beach. Section 2. That the City Commission hereby recognizes the 30~' Anniversary of the Roots Cultural Festival, and commends its sponsors and supporters fox holding this significant cultural event in the City of Delray Beach. PASSED AND ADOPTED in special session on this the 24~` day of July, 2007. MAYOR ATTEST: City Clerk RES. NO. 42-07 t Roots Cultural Festival, Inc. r ~ 85 S.W. 5u' Aveaue ~`~ ~ Delray Beach, FL. 33444 561-274-0365 office . ~ ~' . 561-3301291 faz www.del rayrootsfestiyal. org i, rootsfestivaldelrayngmaiLcom June 30, 2007 Mayor Rita Ellis ~ City of Delray Beach 100 N.W. 1 ~ Avenue Delray Beach, FL. 33444 ~ Dear Mayor Ellis, ~~. On behalf of Mrs. Elizabeth Wesley, the Board of Directors and all the volunteers of the Roots Cultural Festival we send you.congratulations on your first ninety days as Mayor of Delray Beach. We are excited to inform you of our celebration of 30 years in Delray Beach. Over the years, the Festival has grown in keeping with the needs and desires of our community. "Roots" has become a household word in South Florida and is synonymous with- summer cultural enrichment. i This year's-theme proclaimed by the Griot {the historian pictured above) is "Everybody's got Roots". We believe that it is the prevailing spirit of unity in oui ability to come together and respect our cultural differences that has made Delray Beach a two time recipient of the All-America City designation. The Roots organization would love a Resolution fmm the City sanctioning the efforts of this cultural organization through the support of the various rnunicpal departments such as Police, Parks and Recreation, Fire and Rescue, Community Impiovement and employees that volunteer. Attached, please find a copy of the support request list and the 2007 summer schedule. We invite you and the Commissioners to participate in the parade, and invite alt to participate in the activities which are planned. Please have sonaeor~e contact us and advise who will be attending which events so we can be certain to recognize you. ..Lame _•_. , -~ --- • -- • ,... ..... .....~:... ~o0 4111 a.un+.r..ca urra~.C - - - • - ~ . . - ~ Odi E 7. 2. 4_ 5. 7. 8. 8. 70. City of Delray Beach °~ - •°~"~`•'~"• Special Event Permit ApPlicatJion - ~ PLEASE PRIN'Z'~, Date of ApprovaUDenlal Event Name/Tlt1e: ~t7UIS ~fsil dt~ (Irl-~ejC~uaPS Eves D~ate(s):~ Event Time s): 10~`~ 5 r V c : Yom: - / /~'1 Event Spo' sor/Producer. v~S CuLtu 5Zl V -q-~ ~-~~ Event Contaet/Coordinatar: r~~t e[! et-,e l Address:_ $S S i,J S Ant ~- ~ ~ ~ ~I.y BCN . 33 ~ ~~/ ~ ~ _,..___._ Telephone Number: • ~lDI^ ~'1 -~~6~„CelluEar Number: ~-w~ ~ -" E-mad Address• c °-' v ~ f~ evc~ , P~»-? ." Event Descci~tion: •,~ Co ~,i ~. _~I F ~e..._-,,_ . F-~ ~ v n ~7st Il•LI.G- ~tiL(J ' ' • tp,.~,'~,: cyJ: {ti rr -~ •- ~ . (If eiglibonhood 6/ - Ply, then pi~•;e S~Fp questions ¢3~ and to question ~48~ 5 Sponsor Category: (please check) City v Non-Prafit/Charitabie private ^ CO- SponSpr-Non-Profit/Priva~e ^ ~~~>~e proof4fso~+~1. ~!4), a6). K~ol a ai91~ Event LocattoNAcfdress; i~r_:~ Srila.,n~_ c.:~., n-.f ~ .- ri ~ , ti,~.~~:-~,,.~ A..~~ Site plan attached:. yes no 2 (Site plan roquuned t+or entire event site) E ^______ ~ 1 : vent budget attached: ~ y~ o ao 7 3 (Resi'uired far all ev~entsj S in r ll -"-'- . e v g or se ing a~holic beverages: yes / no Rf Yom. ~`oPY ~ license and alcohol liability insurrncai ~ h+sd tyvp f~ s pria, 14. to every Event certificate of insurar~ee attached: yes n ' (Required trro (~~ weeks prior la event naming tie City as additional insared alsp - required for vendors) , / 1 ~. Playing of amplified music: ~ y~ ~/ nn' . (Wslver rsgpTiadj 46: Requesting Police assistance: ~ yes no . (7'raiffc conaro!lsccurfty) • 1 1 - I` ~- 17. Will supplement w~h private set;utitjl: yes_ / ~ no (Jf~yea, need plan aEtaehee!)- - 18. Requesting Ema~pettcy Medical assistance: yes no ~ 9. Raq'vestittg I~Ricade assistance : yas - ~ no~ 20: 'Requesting trash rompvaVctean up assistance: yes na 21. ~ Requesting trash boxes and firers: yes rta 22. Regg stage use: ~ Yes no (If yes, check type) I..arga stage covered t~ Large stage no cover D Small stage ~a Malf small Stage o ~ 23. Requesting signage: yes no Typ®: Event sign Directlonai signs Banner hangs indicate daib~ rsqufred ~ ~ cs P2c~~ {i~i/aiver requhd if pror+e Phan one (t) week prlar to evor-q 24. Food and bevuage yepdors: yes i/~ no li yes please Proms ~ approximate ' nurlib8f, as welt as the Hama, address. and contact phone. nurnba~ of each vendor which is due rw later than one week prior ~ the event, ~ ~~ ri ~.?rc S 25. Health Department approval: {see attached) yes no 26. Other vendors: y~~ nO 27. Tents: ~ yes no (lfYes. tantPermlts and fine inspections rnay6e seeded} 28. Wilt the everrt (rlclude amusement rides? requiring state approvat2 yes / ?_ no (i/ ,yes, .type and locatlort end copy of If~tbl/ity lnserranGe requlr~(Also, pleas4 provide the .name, addross and contact pha+• number for each amusement provider along witti copies oTlrielr fiabllfiy insurance) Z9. WiU the event be gated? yes. no (Show on-sits rrrapj 30. Wig there tie Breworks or other pyrotechnics? yes nom ' (if yes, contact Fire Marshall} - 37. Wig there tie cooking with compressed gas? - yes„ no~_,_,__ (!f yes, contact f-rre litarshail) 32_ Wi{1 you be providing poR-a-bts for ttre event? yes nay (If yeas, locate on~sife map. K no, indicate flow you rvr71 handle restroom nQ@dS) f,(.STa /1.e5~ /~L+~S ~c? d $$ [?.~~-rt-.[a' ~5~ ~n: .v~.~ 33. Will there tae a charge for the eve ~~ yes~_ no (/f yes, indicate ticket prices) 34. Is reserved parking reRuesbed? yes' ~1 no - (if yes, indicate /ocaK~wrs} . - 2 3 - - --- --- _.... _~._ _~..~.._..~ ..~.._ ~~., ....._....... ...~ r.. .. yi ` 35. Neighborhood Block Parties (Neighborhood block parties; only} • Is event sponsored by the Homeowner's Association? yes nom (lf not, then individual(s) submitting permit application must also submit a petition signed by 57% of the homeowners who live on the block) • Please note the foilowing: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 Office at least thirty (3Q) days ~ prior to the event.3) Consumption or sale of alcohol on City rights-of--way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5} Homeowners Association will :be required to pay al[ overtime costs that may be incurred as a result of City staff involved in the event. ~~ - ~ __ t`o ,~D 0 7 Date Please print: ~~~ i' nle~`~'~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 1 QO N.W. 'ist Avenue, Delray Beach, Florida 33444. For Staff Use Only Date Received. Application fee received $ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 50'E c(3) or (d) certificate or letter Health Departmen# approval Fire Inspector app~ovai Police Department approval Public Works approval Parks and Recreation approval City Commission approval J ..ua~lVJJ ru ~i~ C Routs Cultural Festival Budget Summary Summer Weekends July/August 2007 EXPEATSES: Academic Olympics S3,p00 Family Day at Pompey Park $6,000 Parade, Prayer Breakfast, Health Screening $300 Gospel on the Square 512,000 Insurance $ 3,200 Promotions/Marketing $ 3,000 Banners/$ites $ 3.00li Festival days $30.000 $60,500 REVENUES: Grants $12,750 Sponsorships/Donations $10,000 Ticket/Admission Income $10,000 Food,Beverage,Vendois $26,000 Other $ 3,000 $61,754 ~~~ ~J i I V ~l V ~~~ ~ i ~ I ~ a~ --- U ~~' ~ ~ ~ - f ~ ~I ~ ~ A I ~ ' ~ ~' I '' ~ ~ i I '~L`~ ~ - M, ( ' a l I ~ ~ ,~ ~ - ~~~; ~ ~ ~ . I ~,• ' ~ i 0 t • ,~ ( ~. ~r l ~ ~~~ -~ ~ ~~~_~ W l; ~~ I I • Jf I r S. I l =c. I r. 1 I~ - f C Q n ~ ., ~~ ~ aQ~g .~ ut' ~~ ..vaL ruV.~ (V P. .:7 ROOTS CULTURAL, FESTIVAL FY 2007 SUPPORT LIST 1. Police security, where applicable 2. The City to display International flags 3. The City to waive fees for the user of facilities and stafffor aR activities scheduled at Pompey Park and other appropriate City facilities 4. The City to provide Roots signage on Atlaatic Avenue and $ll other appropriate sites from July 250i to August 12t~ 5. The City to allow Roots exclusive use of City Hall parking lots (a parking fee will be charged. 6_ Request the use of County parking garage for festival weekend August 10tH _ August i2th. (Roots will charge a fee) 7. Large lighting on Old School Square grounds for dark areas 8. Reserve parking spaces for vendors, entertainers aad volan~teers 9. Need tables and chairs set up at OId School Square for eating area Parade Stasis @ Pompey Park @ 6:30pm trrneh to Okl School Squcre. Friday rpm-11pmGptes open qt 7:OOpm Suave Smooch ~~ ~ 1-'j ti~~~~ ^ '~ Jerrod Burgess TK Stephen Precious &oke J. Dog Jc¢ Accents 1 s 2 and many more.,..... Sunday 12pm-8pm "~ On The Squ~e" CXYI' R(X7I"S co~~r ~;~e up Jimmy Hicks and the Voices of Integrity Chenenila Prase Dancers Sp'~itual Impact Saturday 12pm-11pm Dymin Tony Thomas ~ Total Konfrol Band Just For You Featuring Fel'~cia Fimt Jon Ross ~ The Kollaboration Band Salsa Soca Reggae Jc~z Blues Top 40's RnB Bishop Albert Moore and the Straghneits Calypso Rejoicing Ever So Sweetly Gospel Angels Gt Mt. alive Praise Team and man more and many mare for all.. . a,a~rKrry~ru~a,.. Qd~l~~,taPiMr~°Xia~nl7~em 7.~ MEMORANDUM TO: Mayor and City Commissioners _~ FROM: Joseph M. Safford Finance Director THROUGH: David T. Harden, City ManagerC-!r SS~S~~n~'G~ DATE: July 20, 2007 C~ SUBJECT: AGENDA ITEM# 1 ~. REGULAR MEETING OF JULY 24, 2007 BAMACO. INC. PROTEST OF THE DEBRIS CONTRACT AWARDS ITEM BEFORE THE COMMISSION This item is before the Commission to allow Bamaco, Ina an opportunity to present their protest to the debris contract awards made by the City Commission on July 17, 2007. BACKGROUND The City of Delray Beach issued a Request for Proposal for a Disaster Debris Removal Contract (Bid No. 2007-43) and received 18 respondents. A review committee reviewed the proposals, financial statements, and price submission of these firms. The original three firms selected were as follows: 1. Bamaco, Inc. (Bunnell, Florida) 2. Storm Reconstruction Services, Ina (Tuscaloosa, Alabama) 3. D&J Enterprises, Inc. {Auburn, Alabama) The day of the Commission meeting, we were made aware of a debris contract problem involving David Mitchell Construction which included Mike Mitchell, current President of Bamaco Inc., and made several telephone calls before confirming a significant problem in Pine Bluff, Arkansas in 2001 that resulted in a legal settlement. Since Bamaco, Inc. was a relatively new corporation (2003) and the past experience of Mike Mitchell was important in their proposal to justify their experience, we recommended Bamaco, Inc. be removed from the award list and replaced with Ceres Environmental, the next qualified name on the list. Bamaco, Inc. notified the City Attorney on July 19, 2007 that they would protest this decision. FUNDING SOURCE Not Applicable. RECOMMENDATION Staff recommends that the City Commission allow Bamaco, Inc. the opportunity to present their objection to the selection awards and have the City Commission decide whether to add them back to the list of qualified contractors to receive an awarded contract. MEMORANDUM To: David T. Harden, City Manager From: Joseph M. Safford, manse Director Date: July 20, 2007 Subject: Bamaco, Inc. Protest of Debris Contract Award The City of Delray Beach prepared and issued a Request for Proposal (RFP #2007-43) for contractual services for disaster debris removal. The proposal included a cost breakdown assuming a certain amount of debris so that we could evaluate overall price proposals as well as contractor experience, financial condition, and other qualifications. Purchasing received 18 respondents and summarized their submissions on a tabulation sheet. An evaluation committee reviewed all proposals and then reviewed sealed envelopes containing financial statements and cost submissions. This committee consisted of the following individuals: • Joseph M. Safford, Finance Director • Jim Schmitz, Public Works Director • Tim Simmons, Parks Maintenance Supervisor The evaluation of individual firms was prepared. The original three (3) selected firms included the following: 1. Bamaco, Inc. (Bunnell, Florida) 2. Storm Reconstruction Services, Inc. (Tuscaloosa, Alabama) 3. D&J Enterprises, Inc. (Auburn, Alabama) This recommendation was submitted as part of the agenda process on July 10, 2007 for the City Commission meeting of July 17, 2007. On July 17, 2007 we were made aware of a debris contract problem involving Mr. Mike Mitchell, current President of Bamaco Inc. in the City of Pine Bluff, Arkansas. Since Bamaco, Inc. is a relatively new corporation (2003), the previous experience of their President was important to their selection and therefore this became an important issue. We contacted Bamaco (Tara Painter, Project Manager) and left a message. We then contacted Mr. Andy Compton, FEMA Debris Specialist, to determine if any of our contractors were on the FEMA debarred or suspended contractor lists. There was no verifiable evidence that any of our contractors were on the list. We then called the Jefferson County Division of Emergency Management (County where Pine Bluff resides) and questioned them on their knowledge of problems in Pine Bluff. They stated that they were aware of the debris contract issues in Pine Bluff involving David Mitchell Construction (brother to Mike Mitchell, President of Bamaco, and employed by this firm) and that "There were problems with FEMA funding and that the City had to pay out substantial funds". They commented that the Mayor had since left and the Finance Director had retired but to call the Mayor's office. The Mayor's office referred us to the City Attorney's office in Pine Bluff. The City Attorney's office informed us that there was a legal settlement with the firm of David Mitchell Construction (DMC) and, due to the terms of the settlement agreement, they were not allowed to discuss the particulars of the settlement problems. Based upon this information we recommended to the City Commission that Bamaco be removed from the top qualifying firms since their senior executive officer was part of the problems in Pine Bluff, that that corporation (DMC} was no longer in existence, and this new corporation (Bamaco) was formed soon after. Bamaco, Inc. experience since their formation in 2003 was primarily as asub-contractor and not as a prime contractor and the past debris contract experience of their President was important to the selection process to justify their award of contract since they were also the lowest price. On July 19, 2007 we received a call from Tara Painter, Project Manager of Bamaco, discussing the actions of the City Commission. We were transferred to Beverly Mitchell, the owner of Bamaco, Inc. and wife of Mike Mitchell, President of the firm. Her primary objection to the action of the City Commission was that the legal actions taken in Pine Bluff were against the firm of David Mitchell Construction and not Bamaco, Inc. and that she should not be penalized for the actions of another firm. We explained to her that the fact that her chief executive officer was employed by David Mitchell Construction when they had their problems with Pine Bluff, Arkansas and that it appeared that the DMC company was then closed and a year later Bamaco was formed with Mike Mitchell being the President led to the recommendation that Bamaco be taken offthe primary list. We explained that our duty in the RFP evaluation process is to make recommendations in the best interests of the City and maintain our excellent relationship with FEMA. She commented that, due to the Pine Bluff settlement agreement, DMC ultimately went bankrupt after personally paying their subcontractors. We told her we had numerous qualified firms responding to our RFP and, due to these problems, we reserved our rights to request the next qualified contractor be recommended to the City Commission and that the firm of Bamaco Inc. was deleted from the recommended list. Beverly Mitchell requested the City Attorney and was given the telephone number of that office in order to discuss their protest rights. The City Attorney's office recommends that the protest hearing be placed on the next agenda for the City Commission. R~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Catherine M. Kozol, Assistant City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: July 16, 2007 (,~ SUBJECT: AGENDA ITEM # '! • ~-REGULAR MEETING OF JULY 24.2007 CLAIM OF ROY MICHAEL MERCADO AGAINST THE CITY OF DELRAY BEACH. ITEM BEFORE COMMISSION Claim of Roy Michael Mercado against the City of Delray Beach. BACKGROUND On December 10, 2005, the Delray Beach Police Department recovered a stolen 2004 Toyota Tundra and towed the truck per Police policy to Beck's Towing. The owner was not notified by Defray Beach Police Department and the truck was sold by Becks Auto who followed the correct statutory procedures. The estimated value of the truck at the time of the sale was $22,000.00. The owner of the vehicle has agreed to settle the case for $16,000.00. RECOMMENDATION The City Attorney's Office, Gene Montfort of Gallagher Bassett and the Delray Beach Police Department recommend settlement. cc: Chief Larry Schroeder Susan Ruby, City Attorney ~a9- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: JULY 10, 2007 SUBJECT: AGENDA ITEM # ~ . ~ -REGULAR MEETING OF JULY 24, 20(17 SETTLEMENT OFFER IN BAYNE V. CITY CASE ITEM BEFORE COMMISSION The Plaintiff in the case of Kristopher Bayne v. City of Delray has offered to settle this case for $19,900.00, inclusive of attorney's fees and costs. BACKGROUND This case arises out of a trip and fall accident that occurred on October 2, 2004. The Plaintiff was traveling north bound on SW 4th Avenue and stopped his car to let a passenger out around SW 6th Street, when the Plaintiff started to get out of his car he stepped off on the side of the road and broke his ankle. Plaintiff alleges that the drop off from the top of the pavement to the swale area was excessive. The Plaintiff has had two surgeries on his ankle, but still complains of pain. Plaintiff has sustained medical expenses, to date, of $41,288.28. Plaintiff has also asserted that he may need future surgeries. RECOMMENDATION Approve the settlement offer subject to the receipt of the appropriate releases. cc: Chevelle Nubin, City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: DOUGLAS SMITH, ASSISTANT CITY MANAGER DATE: JULY 20, 2007 C,~ SUBJECT: AGENDA ITEM # ` • ~ -REGULAR MEETING OF JULY 24, 2007 CONSIDER SENDING CANCELLATION NOTICE TO FEDERAL LOBBYISTS ITEM BEFORE COMMISSION City Commission is requested to provide direction regarding whether to send thirty-day notice letters to cancel the City's contracts with two Federal Lobbyists: Alcalde and Faye and Artemis Strategies. - BACKGROUND At the February 20, 2007 meeting, the City Commission approved contracts for federal lobbying services with Alcalde and Faye and Artemis Strategies. The City Commission decided to review the contracts in six months to determine how to proceed. A report on lobbying activities from each firm is attached (a copy of each firm's contract is attached as well). Alcalde and Faye was assigned as the lobbyist for the Old School Square Pazk project, Beach Renourishment, and Traffic Calming. Artemis was assigned as the lobbyist for the South Central Regional Wastewater Plant Expansion project and the Public Safety Mobile Command Vehicle. Summaries of these projects are attached. In May 2007, Mayor Rita Ellis and I met with our Congressmen and Senators (and/or their staff) to discuss the projects that we have requested. The lobbying firms coordinated our visit and provided support at the meetings. As the attached reports from the lobbying firms indicate, we do not yet know if any of our requests will be funded. If the City Commission desires to maintain funding for either of the federal lobbying firms in the next fiscal year, funds will have to be provided in the FY 07-0$ budget. RECOMMENDATION Recommend Commission direction regazding whether to send a notice of cancellation to either or both of the City's federal lobbying firms. c: David Harden, City Manager ALCALDE & FAY GOVERNMENT & PUBLIC AFFAIRS CONSULTANTS July 18, 2007 MEMORANDUM TO: David Harden, City Manager Doug Smith, Assistant City Manager FROM: Skip Bafalis Jim Davenport Maurice Kurland SUBJECT: Progress Report We are writing to update you on our work on behalf of Delray Beach. The City of Delray Beach's contract with Alcalde & Fay commenced on March 1. Although., in early February we began working with the Assistant City Manager to review the City's projects and come up with a list of potential projects that the City could seek via the congressional appropriations process. After the City awarded the contract to both Alcalde & Fay and Artemis Strategies, and split its projects 1•etween the two firms, we were told to pursue funding for the following projects: ;1} traffic calming; (2) the Old School Square Cultural Center; and (3} beach ren ourishment. We began the process of submitting the City's projects by working with the City to draft a few paragraphs about each project and then drafting a letter on behalf of the Mayor discussing the projects. We also completed the appropriations forms for Senators Nelson and Martinez and Congressman Klein. We ensured that all three of the City's projects were submitted to the offices of Congressmen Klein, WE xler and Hastings and Senators Nelson and Martinez. Subsequently, we worked with your Congressional Delegation to ask for their support in submitting your projects to the various House and Senate Appropriations Subcommittees. We completed a1i the House Appropriations Subcomrr,ittee forms for your Members. We arranged five meetings for Mayor Rita Ellis and Doug Smith to attend on May 10. The meetings were with the following: (1) David Goldenberg, Cluef of Staff for congressman Alcee Hastings; (2) Congressman Robert Wexler and his Chief of ~~taff, Eric johi~.son; (3) Congressman Ron Klein and his Appropriations Legislative Assistant, Mira Kogen; (4) Spencer Wayne, Appropriations 2l l l WILSON BOULEVARD ,ARLINGTON; vIItGINIA 22201 PH (701) 84I-0625 FAX (703) 243-2574 Legislati~~e Assistant for Senator Mel Martinez; and (5) Senator Bill Nelson and his Appropriations Legislative Assistant, Katie Platt. V~'e thought that alI five of the meetings were productive. The House and Senate Appropriations Committees have completed 'marking up' most the fiscal year 2008 appropriations bills, but conference negotiations between :he House and Senate Appropriations Cornmittees have not taken place on any of the bills. We do not expect conference to take place until after the August o~ngressional recess, which begins on August 6th and ends on September 4~'. Congress makes alI final decisions on projects during the conference negotiati~~ns and earmarks are listed in the conference reports. Thus, we would expect to start seeing conference reports uz September and we need to continue our work to obtain funding for the City's projects. In addition to our pursuit of earmarks on behalf of the City, we have also provided the City with AlcaIde F~ Fay's Grant Alert for Local Goz~ernrrcents, and have informed the City to send to us any copy of grants that you submit so that we can work to support your application with the relevant Federal agency. To date, the City :.1as not sent us copies of any Federal grants but we are ready to assist when you do. At the completion of the fiscal year 2008 appropriations process, we will ask the City to provide us with an updated Federal Agenda. Based on the success we hope to 1-.ave at the enci of the year on the City's behalf, new City initiatives, and areas we identify as funding opportunities, we will work with the City to draw up this af;enda for the next fiscal year. Finally, we have a track record of successfully addressing other Federal issues that might arise for the City, and we will continue to utilize our contacts and expertise with the Executive Branch and Congress to resolve these federal issues favorably for the City. If we ma:~ answer any specific questions or provide additional information, please do not hESitate to contact us. cc: The Honorable Rita Ellis, Mayor The Honorable Fred Fetzer, Vice Mayor Th e Hanorable Brenda Montague, Deputy Vice Mayor Th e Honorable Woodie McDuffie Th e Honorable Gary Eliopoulos ~IRTFMIS I STRATEGIES TO: Doug Smith Assistant City Manager FROM: Jim Dornan, Ari Storch Artemis Strategies RE: Federal Government Relations Report DATE: July 20, 2007 Per your email from Wednesday, we have prepared this summary of Artemis Strategies' work on behalf of the City of Delray Beach, Florida this past year and the work we anticipate performing in 2008. We hope this will assist you in your decision about continuing our government relations partnership. Working on behalf of the City of Delray Beach over this past year has been a privilege for us. We aze gratified to have worked with you, Mayor Ellis, and others to plan and implement a process to help Delray Beach secure its first ever line item earmark. The first yeaz of seeking aline-item earmark is always the hardest yeaz. And the climate for earmarks this yeaz has been made even more di#Ficult due in lazge part to the exclusion of earmarks in last year's federal budget. In other words, there were already many projects in the queue prior to our requests to the members of your delegation. Having said that, we believe that our strategy of prioritizing the key infrastructure needs of the City, meeting with the appropriate Members of the Florida delegation, and the continual follow up done by this office was and still is the correct strategy to ensure that you receive funding this yeaz. As you know, we are in the middle of the Appropriations process right now. None of the bills in which we have requested funding have been fmalized and the team at Artemis is working diligently to see that your funding requests aze realized. Congress is doing their best to complete their work on these bills before the August recess, but the reality is that we will probably not know anything definitely until late in the Fall. Indeed, there is talk of Congress being unable to fulfill their obligation and that many of the Appropriations bills that were not able to be passed by both Houses and signed by the President will be rolled into a large, all-encompassing "omnibus" spending bill that will pass just before Christmas. This could actually work in our favor as many projects not originally included in the various spending bills aze added at the very end by Members of Congress. So, if we do not get into the origvnal bills, we still have another "bite at the apple." The City of Delray Beach can build from here. Working together, Delray Beach has established strong, working relationships with those key members of the Florida congressional delegation. In fact, in a recent meeting with a key staffer, he told us that he believed your requests were very worthwhile and deserved funding. Based on that comment alone, think of where Delray Beach is today in terms of federal support versus where you were a yeaz ago. It would not be strategic to stop now because you have Members of Congress like Rep. Robert Wexler, Rep Ron Klein, Rep. Alcee Hastings and Senators Nelson and Martinez, who are ready and willing to fund. There are several compelling reasons for the City of Delray Beach to stay in the Appropriations process: 1. Just as you know how to run a complicated city government, we have expertise and knowledge in government relations. We planned and implemented legislative strategies this yeaz for the City of Delray Beach based on several factors -your potential congressional champions, their committee assignments, your funding needs, where dollazs might be available, etc. While we served as the day-today Delray Beach team, we had a number of our colleagues contributing their appropriations expertise on your behalf. 2. We have long-time relationships on Capitol Hill that have, and will, extend Delray Beach's reach beyond the Florida delegation into the Appropriations Committee itself. We can discuss these working relationships in greater detail when we talk next since we plan to utilize them on the your behalf in the coming yeaz. We value our working relationship. We appreciate the trust and confidence you have invested in Artemis Strategies. Similarly, everything we have learned about the City of Delray Beach this past yeaz convinces us that you have projects that are worthy of federal dollars. AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF DELRAY BEACH AND ALCALDE AND FAY, LTD. The following is an agreement between the City of Delray Beach, Florida, hereinafter referred to as "CTTY" and the firm of Alcalde &. Fay, Ltd., a Virginia corporation, hereinafter referred to as `CONTRACTOR". WHEREAS, CONTRACTOR has duly qualified experts in the field of federal lobbying for public works, transportation infrastructure, water resources, housing, Federal grant programs, and other areas; and WHEREAS, in the judgment of the Delray Beach City Commission, it is necessary and desirable to employ the services of the CONTRACTOR to assist the CITY with federal lobbying for public works, transportation infrastructure, water resources, housing, Federal grant programs administered by the Federal government, and other areas. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: ,ART I -SPECIFIC PROVISIONS A. SERVICES TO BE PROVIDED: CONTRACTOR will consult and advise, as requested, on federal lobbying for public works, transportation infrastructure, water resources, housing, Federal grant programs, and other issues; and provide services including but not limited to: 1. Developing strategies to obtain and maximize funding for public works, transportation infrastructure, water resources, housing programs, and other issues. 2. Coordinating funding, legislation and policy related activities with the United States Congress and Federal agencies; 3. Securing appropriate authorizations and funding from the United States Congress and Federal-agencies-te implement +h~rT'~"~S-prof=cts. 4. Maintaining direct and frequent contact with key United States Senators and Representatives; 5. Advocating CITY interests during the United States legislative and regulatory process; 6. Providing the CITY with a written report of activities and attending CITY meetings upon the CTTY'S written request. 7. Coordinate meetings of City representatives with members of Congress and federal agency officials. 8. Assist in identifying grant opportunities and securing grant funding; provide grant newsletter on a regular basis. B. PAYMENT: CONTRACTOR'S compensation for the services provided hereunder shall be $5,000.00 per month. CONTRACTOR shall subnvt the monthly $5,000.00 fee invoice at the first of each month, beginning on March 1, 2007. The CITY shall reimburse the contractor for reasonable expenses incurred in connection with the CONTRACTOR'S work at actual cost. Expenses that are to be reimbursed include, but are not limited to; travel, photocopying, postage, telephone, delivery, and telecopy charges. Expenses will be reimbursed to CONTRACTOR on a monthly basis. All travel expenses will be incurred only following written approval by the City Manager. C. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will have L.A. `Skip' Bafalis and Jim Davenport, principals of CONTRACTOR'S services, and Maurice Kirkland in the performance of CONTRACTOR's duties hereunder, and has relied on that representation as an inducement to entering into this Agreement. ]n addition, other parhners and associates of Alcalde and Fay may be utilized on an as-needed basis to complement the efforts of the above key personnel when such efforts would benefit the City. There will be no additional charge to the City for such work. PART II -GENERAL PROVISIO A. ASSIGNMENT AND DELEGATION: Except as above, neither party hereto shall assign or delegate any interest in or duty under this Agreement without written consent of the other, and no assignment shall be of any force or effect whatsoever unless and until the other party shall have so consented. B. STATUS OF CONTRACTOR: The parties intend that CONTRACTOR, in performing the services hereinafter specified, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. CONTRACTOR is not to be considered an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides its employees. C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BII.LS AND MAKING PAYIIIENTS: All notices, bill, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY: DAVID T. HARDEN, CITY MANAGER 100 N.W. 1~ AVENUE DELRAY BEACH, FL 33444 CONTRACTOR: ALCALDE &. FAY, LTD. 2111 WILSON BLVD., 8m FLOOR ARLINGTON, VA 22201 (703) 841-0625 D. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or mental disability. E. TERM OF AGREEMENT: This Agreement shall become effective on February 20, 2007 and shall terminate upon 30 day's written notice by either party with or without cause. F. JURISDICTION: This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In addition, special proceeding or other proceeding that maybe brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum with venue in Palm Beach County. r~ . By: to form an icy: G. PUBLIC RECORD: The parties understand that any record, document, computerized information and program, audio, or video tape, or other writing completed by the CONTRACTOR related directly or indirectly to the Agreement is a public record pursuant to Chapter 119, Florida Statutes, whether in the possession or control of the CITY or the CONTRACTOR. Such public records may not be destroyed without the specific written approval of the CITY. Upon request by the CITY, the CONTRACTOR shall promptly supply copies of said public records to the CITY. Nothing contained in this paragraph shall require the disclosure of information that is exempt from public records disclosure pursuant to state or federal law. H. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements. No waiver, modifications, additions or addendum to this Agreement shall be valid unless in writing and signed by both the CONTRACTOR and CITY. IN SS REOF, the parties hereto have caused this Agreement to be executed this Z3 day of 2007. ATTEST: CITY OF DELRAY BE1~CI~ WITNESSES: ALCALDE AND FAY, LTD. • By ~ ~ ~, AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF DELRAY BEACH AND ARTEMIS STRATEGIES, LLC KNOW ALL PERSONS BY THESE PRESENT that Artemis Strategies, LLC, (hereafter, "ARTEMIS") with its principal place of business at 1401 New York Avenue, NW, Suite 1010 Washington, D.C., 20005, does hereby contract with the City of Delray Beach (hereafter, "CITY"), with its principal office at 100 NW 1~ Avenue, Delray Beach, FL 33444, to provide federal lobbying services WHEREAS, ARTEMIS has duly qualified experts in the field of federal lobbying; and WHEREAS, in the judgment of the Delray Beach City Commission, it is necessary and desirable to employ the services of ARTEMIS to assist the CITY with federal lobbying services. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: PART I -SPECIFIC PROVISIONS A. SERVICES TO BE PROVIDED: In its capacity as a consultant, ARTEMIS shall make its full and best efforts to assist the CITY in pursuing its governmental affairs objectives. 'The nature of these objectives shall be determined by the CITY with the advice and assistance of ARTEMIS. The services provided by ARTEMIS will include, but not be limited to: l . Developing strategies to obtain and maximize funding for CITY programs and/or projects. 2. Coordinating funding, legislation and policy related activities with the United. States Congress and Federal agencies; 3. Securing appropriate authorizations and funding from the United States Congress and Federal agencies to implement the CITY'S projects; 4. Maintaining direct and frequent contact with key United States Senators and Representatives; 5. Advocating CITY interests during the United States legislative and regulatory process; b. Providing the CITY with a written report of activities and attending CITY meetings upon the CITY'S written request. 7. Coordinate meetings of City representatives with members of Congress and federal agency officials. B. PAYMENT: ARTEMIS'S compensation for the services provided hereunder shat! be $5,000.00 per month. ARTEMIS shall submit the monthly $5,000.00 fee invoice on the 21 ~ day of each month, beginning on February 21, 2007. The CITY shall reimburse ARTEMIS for reasonable expenses incurred in connection with ARTEMIS'S work at actual cost. Expenses that are to be reimbursed include, but are not limited to; travel, photocopying, postage, telephone, delivery, and telecopy charges. Expenses will be reimbursed to ARTEMIS on a monthly basis. All travel expenses in excess of $20.00 will be incurred only following written approval by the City Manager. PART II -GENERAL PROVISIONS A. ASSIGNMENT. Neither party shall assign any of its rights under this contract without the express written consent of the other party. B. STATUS OF ARTEMIS: The parties intend that ARTEMIS, in performing the services hereinafter specified, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. ARTEMIS is not to be considered an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides its employees. C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS: All notices, bill, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY: DAVID T. HARDEN, CITY MANAGER 100 N.W. 1sT AVENUE DELRAY BEACH, FL 33444 ARTEMIS: ARTEMIS STRATEGIES 1401 New York Avenue NW Suite 1010 Washington, D.C. 20005 D. NON-DISCRIMINATION: ARTEMIS shall comply with all applicable federal, state and local laws, rules and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or mental disability. E. TERM OF AGREEMENT: This Agreement shall become effective on February 20, 2007 and shall terminate upon 30 day's written notice by either party with or without cause. F. JURISDICTION: This Agreement and performance hereunder and all suits and special ____proceedings_he~eunde~hall be construed in accordance with the laws of the_State of Florida In _ addition, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum with venue in Palm Beach County. G. PUBLIC RECORD: The parties understand that any record, document, computerized information and progn~m, audio, or video tape, or other writing completed by ARTEMIS related directly to the Agreement is a public record pursuant to Chapter 119, Florida Statutes, whether in the possession or control of the CITY or ARTEMIS. Such public records may not be destroyed without the specific written approval of the CITY. Upon request by the CITY, ARTEMIS shall promptly supply copies of said public records to the CITY. Nothing contained in this paragraph shall require the disclosure of information that is exempt from public records disclosure pursuant to state or federal law. I. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the parties. This agreement supersedes and takes precedence over any prior oral or written agreement between the parties. It may be changed only by a subsequent written agreement signed by both parties. 1N TNESS HERE F, the parties hereto have caused this Agreement to be executed this day of 2007. ATTEST: CITY OF DELRAY BE H ~.~~•~ By: Ap ed o form and I al sufficiency: sy: WITNESSES: ~~~ -~- v- ~tty Attorney ARTEMIS STRATEGIES, LLC By: SUMMARY OF FEDERAL PROJECT REQUESTS FOR DELRAY BEACH SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD fSCRWT&DBl REUSE PLANT EXPANSION (Representative Wezlerl Summary: • Plant provides disposal of wastewater through an ocean outfall or reuse irrigation. • The original reuse treatment facility is currently being expanded to treat 50% of wastewater influent. • Requesting Funds to expand the reuse plant to treat 100% of the wastewater influent. • Reuse Plant expansion will provide additional water for reuse irrigation and will qualify us for use of deep well injection (a separate project from this request) as an acceptable disposal method to supplement the reuse system and eliminate the ocean outfall (with the exception of excess hurricane/storm related flows • A separate City project provides for installation of reuse lines • Why is this Project Important? o Provide regional water conservation (our region is currently facing a severe water shortage with water restrictions in place and year round restrictions possible in the future) o Minimize use of potable water for irrigation purposes • Project Cost to Delray: $4.95 million (Delray Beach share of $9.9 million; Boynton Beach responsible for other half) • Federal Funds Requested: $2 million OLD SCHOOL SOUARE PARK (Representative Wezlerl Summazy: • Requesting funds to further develop the current Old School Square site and to add a new Old School Square park adjacent to the outdoor entertainment pavilion. • Park has not yet been designed, but will: o Complement current Green Space at Old School Square o Include gazebos, a walking trail, and landscaping (preliminary plan -Royal Palm, Live Oak, native shrubs) o Support educational opportunities. • Why is this Project Important? o Add new park to our vibrant downtown o Support educational opportunities o Provide for expanded economic development for the OSS Center and the City. • Funds Requested: $500,000 • Project Cost: $1.2 million (estimated for design/construction) BEACH RENOURISHMENT (Representative Kiein~ Summary: • The City maintains a 2.65 mile stretch of pristine beach • The Beach had experienced a severe erosion problem for many years • Requesting funds for the Delray Beach segment of the Palm Beach County project and would be used the following: o Annual surveys to determine time for future renourishment o Beach tilling -break up top layer of new sand o Escarpment removal -.break up sand cliffs o Dune Management trim seagrapes, remove evasive scevola, plant native dune plants o Sea turtle monitoring -Permit requirement to monitor for three years after renourishment ~r~oro~ • Why is this Project Important? o Helps to maintain our Public Beach - a treasured part of our community o The City has found the beach renourishment program to be the most successful method for controlling erosion. The project also protects the AlA roadway on the barrier island o Provides nesting habitat for marine turtles • Funds Requested: $430,000 • Project Cost: $765,000 MOBILE COMMAND VEHICLE (Representative Kleinl Summary: • Requesting funds for new Mobile Command Vehicle that would: o Allow for multiple uses in times of natural disaster, (such as a humcane), civil unrest, tactical operations and City special events o Facilitate "unified command" including interoperable communications between Fire, Police, Public Works, Environmental Services, other City Departments and outside agencies. o Help in responding to Hazardous Materials incidents with Boca Raton • Why is this Project Important? o Current command vehicle is inadequate for application as a full command post for hurricane response, police department operations, or special event monitoring. • Funds Requested: $150,000 • Project Cost: $245,675 TRAFFIC CALMING (Representative Hastin~sl Summary: • Requesting Funds to install traffic calming devices to slow traffic in residential areas. Traffic calming devices would be used such as roundabouts, speed humps, or other methods. • Why is this Project Important? o Reduce vehicle speeds o Increase quality of life in neighborhoods/increased safety for drivers, residents o Discourage cut through traffic o We receive ongoing request for traffic calming • Funds Requested: $150,000 • Project Cost: $150,000 7/20/07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TRACIE M. LUTCHMANSINGH, P.E., ASST. CITY ENGINEER THROUGH: DAVID T. HARDEN, CITY MANAGER ~/ ~. ~ DATE: JULY 20, 2007 SUBJECT: AGENDA ITEM # "1 . ~ -REGULAR MEETING OF JULY 24.2007 SEACREST SOCCER COMPLEX - PRECONSTRUCTION SERVICES PROPOSAL FROM THE WEITZ COMPANY (PROJECT NO. 2004-051) ITEM BEFORE COMMISSION City Commission approval /authorization for preconstruction services for the Seacrest Soccer Complex (formally 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. The City Attorney's office will have revisions to propose to the termination section (Article 20.3, page A-23) of the agreement which will be discussed at the meeting. 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 (which would need to be updated based on Commission approval on July 24 rather than July 10 as shown on the current 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. S:\City ClerkWGENDA COVER MEMOS\ESD Weitz PreCon Serv Seacrest Soccer Complex 07-24-07 (3).doc ~~ ~s~ -, ~_~ ~, - i ~~ I Y ~U F~~ F~ U U Y ~U U Y F F F F ~U U U Y ~U U Y U Y Y Y Y Y Y F F~ F Y F F F~ F F F F F F F F h a¢¢¢¢¢ a a s n n n n n n n n n r. n n n n n• n¢ n n n n n n n n n n n ap n n n n m m ap m m p o 0 0 0 0 0 o p o 0 0 0 o p o 0 0 0 0 0 0 0 0 o p o 0 0 0 0 0 0~ o N O p Q p Q g Q a O ~ O th ~ O O~~ N ~ n N O O N N g a p tG ~ n~ a o~ ~ a ~ N~~ ~ N A yQ g N~ c{~V;7 ~3 ~ >ll c~ ~ \~~~ m m m Oi ai ~~~ m a o ~~~ a o~~ ~ a o a a a p a o ~ a~ a ~f ~ Y O O ~~ O 0 0 G C 0 0 0 0 0 0 0 0 p O O ~ ~ a ~ a ~ ~ G G o G o 0 a a a a a a a ~ p a¢ a a pp gg ~. p g ~ a Q~ r~ o c o~ 0 4 ~ m e 8 2~ p o 0 o m~ g a o~ o~ a o 3~ a a~~~ vii o °Qe ~ ~'~' ~ ~=' ~~'~ ~,~ $a a ~$aa Naha=a a a ~ a~a, ~~ r 0000 ~ o00 ~ ~'~ p~~ ~ooo o 0 0 0 0 0 0 0 o p o 0 o p 0 0 ~0 00000000 '^o,n~o n aoinooo ~~ooooo~o~oogo ~ooRH winooo A m c "a" _ ~ g ~ ~ ~g `° _ z~¢ E °~ 2 A x 8~ ~3 ~m~ m~ ~g~ e e 8 m a~n z a m ma ;~a ~$~ a `nr°, S a t ~ ~ m E ~E€ ~ ~ ~_ ~ m ~ ~ ~~ ~ y ~ z ~ ~ ` ~ '~ '~ .~ " E .C g '~ 0 s ~ ~ g ~ A ~~~'~~°5~z~c~~A baoEc ooB~wOmoo=°u~~'~~,~e~2r~`ogS~ N$g_- a _x E _ ~ g' o m o m 5 s p, LL w ° ~ 3 ~ o ~ ~ U o ~ ~ ~ ~ ~ ~_ h v o ~ € ~€ C m ; N 2` ~ d ~ ~ & q ~ E o 0 3 g rv ~ ~ o~ c£ Z y~ ~ ~~ ~£y~ e~ ~gv ~~-d ae ~d~agm~foc$ xBe 8m acSGc~d~'n~c~~ao~~cSd ~cic~i~~~'m'm'ic~a" Of N V~Nf%1K~m(n3(~i~ ~,i~ i i~ 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: Seacrest Soccer Complex PROJECT NO. 2004-051 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 for all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to fully complete all 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 ArchitectlEngineer (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 ArchitectlEngineerwill provide leadership to the Construction Team on all 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 all 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 Canstruction Manager shall control. Where this Agreement is silent, the Conditions of the Contract, and the requirements of the Drawings and A- t 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, ArchitectlEngineerand Construction Manager. .2 "Consultant" means the ArchitectlEngineer, 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 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 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 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'sservlces and the Owner's responsibilities with anticipated construction schedules. The Construction Manager shall update this schedule periodically, as required. By providing these schedules to the ArchitectlEngineer 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 ArchitectlEngineer 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 ArchitectlEngineer regarding 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 ArchitectlEngineer wil! 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 ArchitectlEngineer 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) all 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 Architect/Engineer. 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 Tabor 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 for 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 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 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/Engineer are not adequate for the development of a Guaranteed Maximum Price, the Construction Manager shall notify the Owner immediately, prior to developing the GMP. Ali assumptions made by the Construction Manager in the development of the GMP shall be specifically listed in the GMP proposals, and the GMP will 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 - 14.16 shalt 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 ar 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 shalt not exceed the amount set forth in Exhibit 2.1.4B. 2.2 Construction Phase. Unless otherwise authorized by the Owner, all 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 ofi 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 fiully executed Trade Contracts, insurance certificates and, if required, bonds to the Owner. 2.2.4 Manage, schedule and coordinate the Wark, including the Work of the Trade Contractors, and coordinate the Work with the activities and responsibilities ofthe 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 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 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 Architect/Engineer over acceptability of Work and conformance with the requirements of the specifications and plans, the Owner shat! be the final judge of performance and acceptability. 2.2.5 Maintain exclusively for this Project acompetent tali-time staff at the Project site to coordinate and direct the Work and progress of the Trade Contractors on the Project. The Construction Manager she!! 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 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 #or 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 fn 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 Architect/Engineer of all such meetings, and prepare and distribute minutes. Attend Team meetings with the ArchitectlEngineer 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 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-b 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. 2.2.19 Whenever Owner-Furnished Contractor-Installed {OFCI) materials or equipment are shipped to the Project site, the Construction Manager shalt notify the Owner and shall be responsible for their accep#ance, proper storage, and incorporation into the Work provided the scope of the Owner-Furnished Contractor-(nstaHed {OFCI) 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 #low reports and forecasts as needed. Identify variances between actual and budgeted or estimated costs and advise Owner and ArchitectlEngineer 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 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 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-subcon#ractors. 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 no#ificatian that a federal or state inspector shall visit or is visiting the Project si#e. 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 afull-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 job 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 ar 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 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 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 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 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, or use, any portion of the Work 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 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 ar 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.'I 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 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 for the specified line item lump sum amount or less. 6.5 By execution of this Agreement, the Construction Manager certifies that aA 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 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 wi{i be made as described in the Condi#ions 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 287.05$5, 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 Gonstruction 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 l=ee during the Construction Phase includes the following: 7.2.1 The cost of its home or branch office employees ar consultants not at the Project site, including the cost of all benefits, insurance, and taxes attributable to wages and A-I 1 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 Construc#ion Manager's capita( employed #or 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, 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 shall 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 to additional fees to compensate the Construc#ion 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 Wark 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 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 #o 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 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 bands 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 far which the Construction Manager is liable. 8.2.6 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 all 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 of 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 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 Cast of watchmen ar 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 Alf costs for reproduction of documents to directly benefit the work. 8.2.16 Casts 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 of ail 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, #emporary fences, temporary roads, and temporary fire protection. ARTICLE 9 - Chancaes 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. All 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 shall allow no Changes in the Work without the prior written approval of the Owner. ARTICLE 10 -Discounts 10.1 All 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 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 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 Article 13 of the Generale Conditions. They also recognize that the actual loss suffered by the Owner if the Work is not completed an 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 comple#ion 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 for completion and readiness for fins! 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 additions( 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 tike 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 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 ofi 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-Ib 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 far 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 shat! 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 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 shalt include any type of damages that are or could be awarded by any court or arbitration pane! 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 dewy" 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. 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 fisted in TABLE OF CONTENTS thereofi. 14.16. Drawings, consisting of cover sheet and sheets numbered ~ through ,A, with each sheet bearing the following general title: Ciity 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 nat attached hereto: All 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 indemnification 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 Architect/Engineer Expenses Should the completion of this Contract be delayed beyond the specified or adjusted time limit, Construction Manager shall reimburse the Owner for ail 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 for 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 ArchitectlEngineer charges associated with the 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 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 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 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 shallcollect 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-19 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 Ar•chitect/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 steal! make available to each proposed Sub-Contractor, priorto 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 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 I nsurance. if the Construction Manager wishes to award subcontracts to subcontractors unable to supply this bonding, he shall request special authorization bythe 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 proper{y 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 fast 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 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 #oreman and schedulers at all 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 Architect/Engineer or attributable to the Owner or Architect/Engineerond 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 costs for such changes plus no more than 15% for overhead and profrt 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 addi#ional 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 all other persons performing any of the work or supp€ying 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 (6Q} 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-2 t 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 obligation, 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 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 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 Manager fails 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 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 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 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 fhe Construction Manager shall 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 de#ined 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 al! 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 wilt not 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 shalt 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 Approved as to Form: City Attorney WITNESSES: (Name Printed or Typed) (Naane Printed or Typed) CITY OF DELRAY BEACH By: Mayor By: A-24 STATE OF _ COUI~jTY 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 #his 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 full 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, address and phone number are Contractor under the contract dated the City of Delray Beach, whose principal address and ,as between Principa! and phone number are for the construction of Project No. 2004-051, more particularly described as Seacrest Soccer Complex and located at 2505 N. Seacrest Blvd., Delray Beach, Florida (hereinafiter 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 01= 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 a(I 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 damages for delay, expenses, costs and attorneys fees, including appellate proceedings, that 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. Performs the guarantee of all work and materials furnished under the contract for the time specified in the Contract, including all 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 default(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. L.L.C., as Principal; whose principal business 20 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 shall be deemed to be a period of one (I) year from the 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. 1N 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-Z LIMITED POWER OF ATTORNEY The Weitz Company, LL.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: Print Name: Print Name: STATE OF _ COUNTY OF 20_, by He/She is Surety (SEAL) CORPORATE ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this day of , {name of officer or agen#, tide of officer or agent}, of {name of corporation acknowledging}, a {state or place of incorporation) corporation, on behalf of the corporation. (personally known to me) (or has produced identification} of identification) (as identification). Signature and Stamp of Notary Public LPA- I CERTIFICATE OF SUBSTANTIAL COMPLETION Seacrest Soccer Complex City of betray 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 Company, L.L.C {CONTRACTOR) The Work to which this Certificate applies has been inspected by authorized represen#a#ives 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 ail-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 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 Work nat 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 on , 20 _ By:_ Title: CONTRACTOR accepts this Certificate of Substantial Completion on: 2t) i3y: Title: The CITY accepts this Certificate of Substantial Completion on: 20_ By: w 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 Defray Beach Project No. 2004-451 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 , 24 ,with the CITY OF DELRAY BEACM, FLORIDA, {the "OWNER"), #or 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 for providing labor andlor 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 , 24_, passes to the C'sty at the time of payment free and clear of ail liens. (Contractor) (Signature (Title SWORN TO AND SUBSCRIBED before me this day of 24_ Signature and Stamp of Notary Public WT-l FINAL RECEIPT STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: 1. 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 of; Seacrest Soccer Complex City of Delray Beach Pro}ect No. 2044-059 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 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. Signed and sealed in the presence of Sworn to and subscribed before me this Affiant Contractor By: Print Name: Ttle: 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 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-1 ART GC NO. TITLE PAGE NO. 7. CONTRACTOR`S RESPONS/B1LITIES 23 Supervision and Superintendence 23 Labor, Materials and Equipment; Hours of Work 24 Adjusting Progress Schedule 24 Substitutes or "Or-Equai" 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 RESPONS/BILITY 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 Consul#ant'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 5U Tests .and inspections 51 Uncovering Work 51 City May Stop the Work 52 Correction or Removal ofi 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 Titie 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 fi0 Contractor's Continuing Obligation 61 16. SUSPENSION OF WDRK AND TERMINATION &1 City May Suspend Work 61 City May Terminate 51 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 fi4 Florida Products and Labor fi5 Employees 65 Non-Discrimination 65 Drug-Free Workplace fi5 Assignment fifi Venue 6fi Asbestos 66 Right to Audit fifi GC-4 GENERAL C4NDITtONS ARTICLE 1-DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents fhe 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 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 or refusal of fhe 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 Defray 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 shalt 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 far 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 does 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. DRAWfNGS -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 fast of the two parties to sign the Agreement. FIELD ORDER - A written order by the CONSULTANT that does 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/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 no#ice 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 Contrac# Time. PARTIAL UTILIZATION - Placing a portion of the Wark 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 the CITY directly or through the CONSULTANT. Responsibilities of the RPR are further defined in Paragraph '! 0.3 of these General Conditions. SHOP DRAW INGS -All drawings, diagrams, illustra#ions, 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 far 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 Substan#ial 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 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 ar 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 ail obligations, duties and responsibilities 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 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, 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 ar 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 WQRK 2.1 The CONTRACTOR shall perform al! 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 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 #his 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 GCONTRACTOR" 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 fines 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 focal government Paws, 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. 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 Proceed. A Notice to Proceed may be Effective Date of the Agreement. to run on the day indicated in any Notice to given at any time within sixty days after the 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 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 fully examined and compared all Drawings, Specifications and other Contract Documen#s 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, Tabor, 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 far all means, methods, techniques and sequencing of construction. 3.5.6 !f, 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 shall control. 3.6 At the preconstruction canference, 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 wi11 include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail #o serve as the basis for progress payments during construction. Such prices wilt 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 technics! specifications 3.7. The CONTRACTOR shat( not commence construction operations until the construction progress schedule, schedule of values and the shop drawing submission GC- t I schedule described above have been reviewed by the CONSULTANT for genera! conformance with the Contract documents. Failure of the CONTRACTOR to timely submit the required documents for the CONSULTANT'S review shalt 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 wilt be held to discuss the schedules referred to in paragraph 3.6, to discuss procedures for 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 shat( 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 wil! 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 far the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefior. The finalized schedule of Shop Drawing submissions wil! 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 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 for 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 swell-known technical or trade meaning are used to GC-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 governmental authority, whether such reference be specific or by implieatian, sha11 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 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. Fufl 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 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 Shap Drawing or sample (pursuant to paragraphs 7.26 and 7.27), or 10.4). 4.5.3. CONSULTANT'S written interpretation or 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 CSTY 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 (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 thereto that may be 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 ar occupy with men, tools, equipment or materials, any land outside the rights-of-way ar 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 s#ones, 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 nan- vehiculartraffic. 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 ta, 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-%5 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 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 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 shall 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 an which CONTRACTOR is entitled to rely as provided in paragraphs 5.2.1 and 5.3.3 is inaccurate, ar 5.2.3.2. Any physicai 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 per#orming 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. Passible 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, wi!! be allowable to the extent that they are attributable fio 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 that it has examined the information and data presented and that it is accurate and free from any and all defec#s, inconsistencies, errors and omissions. Further, the CONTRACTOR shall be responsible far 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. Ail 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 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 for their disconnection by their owner. The CONTRACTOR shall be responsible for any damage to any such pipes, conduits or cables, and shalt 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. OC-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 (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 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 discretion, shat! 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}, 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 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 sha{I 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 far 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, fisted 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 Statu#es Section 287.0935 (2001). For projects exceeding five hundred thousand dollars, aq bonds shall be placed with sureties with a Best Rating of no less than A-V11. 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 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 ether certificate of Authority of its agent, officer or representative was issued. 6.2. If 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 'tt ceases to meet the requirements of paragraph 8.1., 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- l 9 CONTRACTOR'S fNSURANCE: 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 or furnished by CONTRACTOR, by any Subcontractor, by anyone directly ar 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' 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 da#e of finaE acceptance. CONTRACTOR shalt 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 General 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 Campleted Operations. CONTRACTOR shah 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 Form 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 produc#s). 6.4.2.10. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with #hirty {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 flied 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 !_iabiiity 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. 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 shall include a waiver ofi 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 similarwarranty or representation that the building(s), 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 andlor 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 ail 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 certificates have been approved by the CITY. GC-22 CONTRACTOR shall 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 shat( bear all 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 ail 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 shat( 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 sha-! 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. Ali 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 shah 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 far all 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 shad 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 ar authority to undertake responsibility contrary to the provis'sons of paragraph 10,15 or 10.16. ADJUSTING PROGRESS SCHEDULE: 7.6. CONTRACTOR shall submit to CONSULTANT far 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 specifcations shall govern the use of substitute or "or-aqua!" items. Consultant shall 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 fhan CONTRACTOR. ff 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 genera! 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 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. AI! 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 wi11 result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all ofi 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 will be governed by the procedure_provided in paragraph 7.6.E 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 equals 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 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. 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 excep# 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 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 casts 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 or device not specified in the Contract Documents, and shalt defend all 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. GG27 LAWS AND REGULATIONS: 7.13 7.13.1. CONTRACTOR shall give all notices and comply with al{ 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 all 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 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 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 responsibi{ity 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, lasses and expenses {including, but not limited to, fees of engineers, architects, attorneys and other professionals and court casts) arising directly, indirectly or consequentially aut 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 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, Field Orders, and written interpretations and clarifications (issued pursuant to paragraph 10.4) in goad order and annotated to show all changes made during construction. The record documents together with all approved samples and a counterpart of all 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 for the safety of, and shalt provide the necessary protection to prevent damage, injury or foss to: 7.19.1. all employees on the Work and other persons and organizations who may be affected thereby; and 7.19.2. al! 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 ar 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 an or off the Work and shall erect and maintain all 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 responsibilities for the safety and protection of the Work shall continue until such time as al! 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 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, 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 shat! promptly furnish the Local Public Agency with reports concerning these matters. 7.20. CONTRACTOR shall designate a responsible representafive 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 ar 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 Eoss. 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 precau#ions to ensure that the Work shall be done in a good and workmanlike condi#ion 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 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 verifiying 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. A!I 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 subm'st 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 specific written indication that CONTRACTOR has satisfied CONTRACTOR'S responsibilities under the Contract Documents with respect to fihe 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 Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 7.23.2. At the time ofi 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 there#o. 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 shalt 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. Alf costs of reviewing additions( 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 varia#ion 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 from responsibility for errors or omissions in the Shop Drawings or from responsibility far 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 stiN 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 weft as other exclusions provided by F.S. 725.06(1 }{c)), recklessness or intentional 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, 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 far 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 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 casts at trial and appellate levels. The CITY will pay to the Contractor the specific consideration of ten 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 other work is to be performed was not noted in the Contract Documents, wrstten 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, shah 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 wilt 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 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 or 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 wi(I 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 RESPONSIBILITIES 9.1. The CITY shall issue all communications to CONTRACTOR through CONSULTANT. GC-34 9.2. In 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 underthe 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 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. VISITS 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 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-3 5 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 shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shat! 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, jab 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 Wark 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 orderiy files for correspondence, reports of jab 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. 10.3.9.15. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Wark Directive Changes, Change Orders or changed conditions, list of job site visi#ors, 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 b# 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 majar 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 certifica#es, 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 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-38 10.3.2.2. Exceed limitations ofthe CONSULTANT'S authority as setforth 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 Con#ract Documents and the judge of CONTRACTOR'S performance thereunder and thus agrees that all decisions made by CONSULTANT regarding such issues shah 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 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 Workfrom 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 defective 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 ar testing 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 matterwill be delivered by the claimant to CONSULTANT and the other party to the Agreement promptly (but in no event Eater 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 ar 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 ar 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 #o 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 far the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing ar furnishing any of the Work. ARTICLE 1't -CHANGES IN 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 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 maybe made therefore as provided in Article 12 or Article 13. 11.3. CONTRACTOR sha(I 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 betaken 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 addi#iona(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 at 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 flails 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 to, 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 ofi 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. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR sha11 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. 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 steal! 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 12.6.2.1). 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 12.5 and 12.7). COST OF THE WORK: 12.4. The term Cost of the Work m~ansT"^ °-~f- al# ^^ + "^^°^^ " ~ ~r ~' '"'+ "°``~ ~ r .shaft 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 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. >~ 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 ail 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. Ali 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 fior 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 awned 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 far the economical performance of the authorized Work, the CONTRACTOR sha{i 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 sale 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 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-4b 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 fifteen percent (15%) of the new cost. If the Work is done by a Subcontractor, he may add fen percent (10%) of his net cost for overhead and profit and the Contractor may add five percent (5%) of the net cost far 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 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 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, labor, installation costs, overhead, profit 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 shall be correspondingly adjusted. UNIT PRICE WORK: 12.9 12.9.1. Where the Contract Documents provide that all or part of the Wark 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 ofi 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 sha{I 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 Ail 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 of the Project within 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 Gad 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) for that time of year in Palm Beach County. 13.7 An extension of time to complete the Wark shall 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 !n 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 al! 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, 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, Voss of production costs to replace facilities, equipment and/ar product loss, increased and/or 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 shat! 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 Consu!#ant. Prompt notice of ail defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in Article 14. The guarantee shat! remain in effect for one year from the date of final acceptance unless a longer period is specified. The CITY shalt give notice of observed defects with reasonable- promptness. Unremedied defects identified for correction during the guarantee period but remaining after i#s 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 forthe Contractor in the Contractor'sfaithful 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 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-54 TESTS AND INSPECTIONS: 14.3. CONTRACTOR shall give CONSULTANT timely notice 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 shall assume full responsibility therefor, pay all costs in connection therewith and furnish CONSULTANT the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection wifih any inspection or testing required in connection with the CITY'S or CONSULTANT'S acceptance of a Supplier of 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. 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, 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 oblige#ion'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 al! 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. 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 #hereof, 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 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 shalt 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 Contrac# 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 comp{y with the terms of such instructions yr in an emergency where delay would cause serious risk of loss ar 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 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. {f instead 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 GC-52 attributable to the CITY'S evaluation of and determina#ion 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 IVIAY 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 wifh 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 al! or part of the site, take possession of all 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 for which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall a#low 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 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 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, all court costs and all casts 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 will serve as the basis for progress payments and will 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 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 shalt 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 subtotal from which shall be deducted the amount of retainage specified in the Contract, and the total amount of aft 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 total of all previous approved Applications for Progress Payment ($ NET PAYMENT DUE: $ GC-54 The Value of Materials Stored shad 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 al[ 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 Bill of Sale, paid invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of al{ 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 #herein, all of which shat( be satisfactory to the CITY. CONTRACTOR warrants and represents that, upon payment of the pay request submitted, title to al! 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 App{ication to the CITY, or return the Application 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 GTY 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 the City from paying additionally sums regarding other matters or issues between the parties. In addition, payment precludes contractor from requesting additional compensation for work for which it has been paid. 15.6. CONSULTANT'S recommendation of final payment wi[I 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-SS 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 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 list items unremedied; 15.7.1'1 Failure to comply with any and all insurance requirements; 15.7.12 Reasonable evidence that the Work wilt 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, 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 far such action. GC-SG SUBSTANTIAL COMPLETION: 15.8. When the CONTRACTOR considers the entire Work ready for its intended use, the CONTRACTOR shall 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 Wark to be substantially complete, the CONSULTANT will prepare and deliver to the CITY for its execution and recordation the Certificate of Substantia! Completion signed by the CONSULTANT and CONTRACTOR, which shall fix the Date of Substantial Completion. Before requesting an inspection far certification of Substantial Completion, the Contractor must have completed the following: 15.8.1 All air conditioning, ventilation, security systems, fire alarms, fire sprink{ers 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 far 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 accoun#ing 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 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 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 a11ow CONTRACTOR reasonable access to complete or correct items on the "punch list". PARTIAL UTILIZATIORt: 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 fallowing: 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 substan#ially 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 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. 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 over 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 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 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 all maintenance and operating instructions, schedules, guarantees, Bands, 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, shalt 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 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 equipmen# 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 a(I 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 togetherwith 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-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. En 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 Genera! 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 bankruptcy or insolvency; 16.2.3. If CONTRACTOR makes a general assignment for the benefit of creditors; 16.2.4. If 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 16.2.6. 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 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 all materials and equipment stored at the site or for which the CITY has paid CONTRACTOR but which are stored elsewhere, and finish the Wark 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 iirnited to fees and charges of engineers, architects, attorneys, and other professionals and court costs} such excess will be paid to CONTRACTOR. !f 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 wilt 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 fhe lowest price for the work performed, to 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 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 forthat 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 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 contractua! 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 shat! 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 other commitments which the CITY, in its sale 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 will pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the work completed as of the Data 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 37 -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 far 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 hereunderto the parties hereto, and, in particular butwithout 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 af, any rights and remedies available to any or al(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 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 shat( 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 not in conflict with applicable laws. The Contractor shall maintain an accurate record of a!I 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 on Work under the Contract. The Contractor shat( promptly furnish the -Coca( Public Agency with reports concerning these matters. 17.5. In the event the CITY is prevented from proceeding with any or aN 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, Tawn, 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 shalt 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. All labor described in these specifications or indicated on the Drawings and the Work specified ar 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 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 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 shall 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, 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 fiorce. The venue far 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. 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, 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 exercisable 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 CITY. GC-66 ® BIJiLO 1111 0000 COMfPA111Y. "Seacrest Soccer Complex" Delray Beach, Florida CDB #2004-051: TWC #F106802 SUMMARY OF PREGONSTRUCTION SERVICES June 6, 2007 Scheduled ! Duration : Total Description of Services I ~ Rate I Totat Cost Release j (weeks) ~I Menhours :. A) Schematic Design Documents i f~lA j Project Officer/CM ' i 1 ~ $ - :Preconstmction Manager I $ Sr. Project Manager _ i $ . .Project Manager ' ' $ - i Superintendent ' ~ I $ - iChief Estimator I $ Estimator I ~ $ - '~ CoortlEnator '~,. , 3 I I ~ I $ Rei mbursabfes :. j ~~ Plan 8 Specification Reproduction ~ '. I $ - jTravel Costs ~ I ~ I '~, $ _ !'Office Supplies; Copies; Postage; Express Mail - ' ~ $ - j SubTotal Cost Schematic Phase! I ~ 0 I$ . B} Design Development Documents t;lA I I I 'r Project Officer/CM i ~ $ - lPreconstruclion Manager ! ~ I ~ $ - ~:Sr. Project Manager I ', $ _ jProject Manager I , ($ _ jSuperlnfandent ( . '' ' $ - ;Chief Estimator ~ ~ ($ - ~Eslimafor , - ICoordinafor ~ 1 I $ _ Reimbursables I' j `Plan & Specification Reproduction ' I j $ - Travet Costs i ~ ~ •, $ - ':Office Supoiies; Copies; Postage; Express Mail _ 1 ~ ' $ - SubTotal Design Development Phasej ~ 0 ~ $ C) 95 % Construction Documents for GMP (Prior Project HOLD; Y7D 5!24!07) Jan-07 8 'Project Officer/CM 8 0.00 ~ $ ?70.00 $ - jPreconstructlon Manager f 8 51.25 j $ 100.00 ~ $ 5,:25.00 !Sc Project Manager ~ 8 0.00 ~ $ 120.00 I $ - IProject Manager I 8 0.00 !, $ 100.00 ' $ - ~Superinlendent B ~ 0.00 $ 105.00 ~ $ - Chief Estimator 8 i o 00 ~ $ 120.00 I $ - Esfimalor ~ 8 60 00 i $ 55.00. $ 3,300.00 Coordinator ': B ' 2 DO i; $ 45.40 !, $ 90.00 Reimbursables i ~ i 'Plan & Specification Reproduction 1 f $ 2,571.66 'Travel Costs ,' 1 ~ '. ~ $ 102.63 Office Supplies; Copies; Postage; Express Mail ~ ~I. 1 j ' $ t 12.33 SubTotal 95% CD Phase; ~ ~ 113 ~ 5 11,301.54 D) 95 % Construction Documents for GMP (Revision #1 } ` ~ Jul-07 B ~ I ~ j Project OfflcerlCM ' ~ 8 ' 2 - S 170.00 ' $ 340.00 IPreconstructionManager ~ 6 i 20 ~ $ 100.00 ~ $ 2,000.00 ':Sr. Project Manager g ! 3 $ ~20~00 ~ $ 360.00 ~Projecl Manager ~ I 8 i 16 ~ $ 100.00 I $ 7,600.00 ':Superintendent ` 8 '. B $ ?05.00 '. $ 840.00 Chief Estimator I I 8 8 ~$ "20.00 $ 960.00 Estimator ~ 8 i 50 ~ $ 55.00: $ 2,750.00 Coordinator 8 12 $ 45.00: $ 540.00 Reimbursabfes jPlan 8 Specification Reproduction ~ 1 j ~ $ 3,600.00 !Travel Costs ~ t ~ _ $ 480.Q0 'Office Supplies; Copias; Postage; Express Mail 1 ~ ~', $ 240.OD SubTota195% CD Phase ~ 119 $ 13,710.00 'GMP Develapmenl indudes: Aug-07 ~ Project Scheduled Start: September 2007 Market Analysis & Stimulation of Bidders Interest i ' f Prequalification oiSubcontracfors ~ i I ', Preparation of Trade Bid Packages '~ ? j Total Preconstruction Services 232 2,012 2007_06_29_PrewnSvcs_DASC namecng Revered; 06!29/07 page 1 of i .' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: JULY 24, 2007 SUBJECT: AGENDA ITEM # 9J and 9K- REGULAR MEETING OF JULY 24 2007 REVISION TO CM AT RISK CONTRACTS WITH WEITZ• CHANGE IN SECTION 20.3, PAGE A-23 ITEM BEFORE COMMISSION The attached page, with underlines and strikethroughs show the proposed changes to Section 20.3, page A-23 of the CM at Risk Agreements with Weitz Company on the Seacrest Soccer Complex and Miller Park. BACKGROUND Our office would like to make some changes to the termination language found in the CM at Risk contracts to clarify the City's ability to terminate the Agreement and set forth the amount owed to the construction manager up to the date of termination. The Weitz Company has agreed to these changes. RECOMMENDATION Approve the proposed changes to Section 20.3 of the Agreements. 1fa~~i~J ~k~'me1 aw ;gym /~ms RJ ~d 9/~ 20.3 Termination by Owner Without Cause 1. The Owner may terminate without cause at anv time The Construction Manager shall not incur any costs in excess of the preconstruction costs unless prior written approval is obtained from Owner or the Owner has approved the GMP 2. If the Owner terminates this Agreement without cause after the GMP has been approved, 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 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 him the rights and benefits of the Construction Manager under such obligations or commitments. 3. If the Owner terminates the Agreement during the preconstruction phase or at the completion thereof but prior to the approval of the GMP then Owner shall only pay the prorated costs incurred for preconstruction services 4. If the Owner terminates the Agreement without cause at anv point during the construction. the Owner shall not be in breach of the Aareement and shall only be responsible for costs that have been incurred and fees earned up to the date of termination by the Construction Manaaer and any subcontractors MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: T'RACIE M. LUTCHMANSINGH, P.E., ASST. CITY ENGINEER THROUGH: DAVID T. HARDEN, CITY MANAGER d~T ~S(•5~~- ~~ DATE: JULY 20, 2007 SUBJECT: ~ENDA ITEM # " Y MILLER PARK - PRECONSTRUCTION SERVICES PROPOSAL FROM THE WEITZ COMPANY (PROJECT N0.2006-052) ITEM BEFORE COMMISSION 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 0.05% of the current estimated project construction cost of $5,700,000. BACKGROUND Kimley-Horn and Associates were issued the work authorization to prepare construction. documents for the improvements approved for Miller Park located at 1905 SW 4~' Avenue. The Weitz Company was selected based on the Request For Proposal for Construction Management at Risk Services. The Weitz Company will provide preconstruction and construction services and will be responsible for constructing the facility pursuant to guaranteed contract price. The City Attorney's office will have revisions to propose to the termination section (Article 20.3, page A-23) of the agreement which will be discussed at the meeting. FUNDING SOURCE Funding is available from the account #334-4151-572-63.81, Other Parks -City wide. RECOMMENDATION Staff recommends approval if the Commission wishes to maintain the schedule outlined on the attached chart (which would need to be updated based on Commission approval on July 24 rather than July 10 as shown on the current chart). If a delay is acceptable then action on this item can be deferred. Please note that portions of this agreement, e.g., construction time in Article 12 and the provision regarding bonding requirements, will be modified with the receipt of the Guaranteed Maximum Price and final contract execution prior to commencement of construction. 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Q"s ~$~ s ~ E S 6 r ~ L CQ p ( il m U C a' 1O $ a o tJ T - a ~ m E o ., v ° m ' ~ ~ ~ ~ ~y o ~ ~ ~ ~ ~ r o $ p a m m ~ a 0 0 ¢` ,°n U U U U ~ U O U U Vi ~ a U U ' U z L 7 m' m x U a o ~ o , m° O ~ ~ in N '~ a '.a a 3 m LL 'i~! i j ~ ,. ~ . j~$ 1 1 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 all 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 necessaryto fullycomplete al! work in accordance withal! 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 ArchitectlEngineer (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 ArchitectlEngineer will provide leadership to the Construction Team on al{ 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 all 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 will be used interchangeably; .4 "Contract Sum" means Guaranteed Maximum Price, and the terms wilt 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 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 ArchitectlEngineer 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 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 ma#erials, 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'sservlces and the Owner's responsibilities with anticipated construction schedules. The Construction Manager shall update this schedule periodically, as required. By providing these schedules to the Architect/Engineercnd Owner, the ArchitectlEngineer 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/Engineerregcrding 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}all 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 Architect/Engineer. Expedite and coordinate deliveryaf these purchases. 2.1.10 Provide an analysis of the types and quantities of labor required far 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 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 #hat 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 Architect/Engineer are not adequate for the development of a Guaranteed Maximum Price, the Construction Manager shalt 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 will 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 shaft 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, all 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 Construe#ion 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, bands 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 of the 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 Architect/Engineer, 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 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 Architect/Engineer 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 a competent full-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 fu1! 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 shad 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 for the replacement. 2.2.5.1 Establish on-site organization and lines of authori#y in order to carry out the overall plans of the Construction Team, Identify an on-site staff member to represent the Cons#ruction 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 (n 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 job procedures, jab 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 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 fhe 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-Furnished Contractor-Installed (OFCI) materials or equipment are shipped to the Project site, the Construction Manager shall notify the Owner and shat[ 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 cost control which is satisfactory to the Owner. Revise and refine the initiapy 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 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 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 carriers} 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 Adminis#rator, 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 jab 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 folk-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, #o 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 job 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 fio 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 ma#erial 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 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, fins( 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 all 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 ofi the Project 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 Cost of the Work required by the Contract Documents as defined in Article 8 herein, and the Cans#ruction 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 wil! 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 Architec#-Engineer shat(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 for a portion of the work at or below the applicable line item amount in the GMP, the Contractor may perform #hat 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 a!i 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.f Adjustments to the GMP will be made as described in the Conditions of the Contract. ARTICLE 7 -Payments to Construction Manager 7.1 En 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 fo 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 shat! 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 Cast 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 A-11 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 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 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, trailers, 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 For delays in the Work caused by the Owner, the Construction Manager shall be entitled to additional fees to compensate the Construe#ion 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-%2 incurred by the Construction Manager, which are not included in Paragraph 7.2, (ess any reimbursement far 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 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 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, ar 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. 8.2.6 Building and operating permit fees, inspection and filing fees, sewer and water fees, and deposits lost for causes other than the Construction Manager's own negligence. 8.2.7 Cost of removal and disposal of ail debris including clean-up and trash remova( 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 costs reasonably, and properly, resulting from prosecution of 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 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 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. A-14 ARTICLE 9 - Chanoes 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 cases 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 shall accrue to the Owner. All trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment shall be credi#ed 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 intention regarding insurance in sufficient time before the execu#ion 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 Article 13 of the General Conditions. A-15 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 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 anti! 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 for final 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 steal{ be entitled, but not required to withhold from any amounts otherwise due the Construction Manager an amount then believed by the Owner fo 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 Phis Contract, and any breach of same shalt 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 far 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 shall be determined by the Architect/Engineer 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 Ail 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 for delay, acceleration ar 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 for 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. 14.6. Florida Payment Bond. A- 17 14.7. Certifiicates of Insurance. 14.8. Notice of Tentative Award. 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. 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: AIi 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 General 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 725.06, as amended. It is further the specific intent and agreement of said parties that ail of the Contract Dacuments on this Project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefore. ARTICLE 16 -Reimbursement of Architec#JEngineer 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 the 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 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 shat(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 Subcantractual Relations By an appropriate written agreement, the Construction Manager shad 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 Con#ract 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 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- 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 shall require Sub-Contractors to provide a 100% performance band and a 100°/fl 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 property 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 shall assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the Sub-Contractor (including field superintendent, A-zo foreman and schedulers at all 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 Architect/Engineer or attributable to the Owner or Architect/Engineersnd 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, fosses or additional compensation. b. Each subcontract shall require that any claims by Sub-Contractor for delay or additions! 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 ar 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 obligation, 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 genera( 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 faits, 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 shat! 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 far 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 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 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 materia! 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 shalt not be entitled to receive any further payment until the Project is €inished 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 far 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 hirn the rights and benefits of the Construction Manager under such obligations or commitments. 2. After the establishment of the Guaranteed Maximum Price ar at the completion ofi 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 shall 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 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 steal! 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 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 of the 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) (Name Printed or Typed) Mayor By: A-24 STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of , 200®, by as (name of officer or agent, bile 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 ideniifcation. 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 , 2Q_ the following resoiution was duly 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 Delray Beach, Florida and this corporation, and that his execution thereof, attes#ed 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 full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the officia! seal 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 for the construction of Project No. 2006-052, more particularly described as Miller Park and located at 1905 SW 4th Avenue, 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, all the work under the Contract, including but not limited to guarantees, warranties and the curing of Patent 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 255.0511) Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the wnrk provided for in the contract and 3. Pays City all losses, damages, including damages for delay, expenses, costs and attorneys fees, including appellate proceedings, that City sustains because of a de#ault by Principal under the Contrac#, including but not Limited to a failure to honor all guarantees and warranties nr to cure latent defects in its work or materials within 5 years after completion of the work under the Contract; and 4. Performs the guarantee of a!I work and materials furnished under the contract for the time specified in the Contract, including al! 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 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 defaults}, 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. PRB & PYB-1 if no specific periods of warranty are stated in the Contract far any particular item or work, material or equipment, the warranty shall be deemed to be a period of one (i}year from the 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 underthe Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Band. 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 FLORIDA AGENT OF SURETY: 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 LIMITED POWER OF ATTORNEY The Weitz Company, L.L.C and (Principal) (Sure#y) hereby grants the City Clerk of the City of Delray Beach Power of Attorney to insert the date of execution an the contract, surety bonds to the contract and agreement entitled, In Witness Whereof, we have hereunto set our hand and seal #his day of 20 Principal {SEAL) Witnesses: Print Name: Surety (SEAL) 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 (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 De{ray Beach Project No. 2006-052 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 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 substantially complete in accordance with the Contract Documents on: (Date of Substantial Completion) A tentative list of items to be completed or corrected is at#ached hereto. This list may not beall-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 fist shall be completed or corrected by CONTRACTOR within days of Substantial Compiet'ton. 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 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 it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. CSC-1 Executed by CONSULTANT on , 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 Weitz Company, t.L.C_ 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 Con#ract (the "Contract") dated , 20 ,with the CITY OF DELRAY BEACH, FLORIDA, {the "OWNER"), for the supply of certain labor andlor materials (fhe "Work"), to certain property, as shown and described in the Contract Documents, subsequent Addenda or Change Orders, and an behalf of the Contractor makes the following warranties: The CONTRACTOR warrants that it has fui{y 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 for providing labor 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 full and therefore have delivered to the CONTRACTOR validly executed Partial Release of claims with respect thereto. 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 FINAL 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 of: Miller Park City of Delray Beach Project No. 2006-052 2. CONTRACTOR has fully completed all construction and work under the Contrac# and Title to all work, materials and equipment under the Contract passes #o 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 bean paid and discharged. 5. This statement under oath is given in compliance with Sections 713.05 and 713.06, Florida Statutes. Signed and sealed in the presence of Sworn to and subscribed before me this day of Signature and Stamp of Notary Public Affiant Contractor Print Name: Title: 2a FR-1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT FOR THE CITY OF DELRAY BEACH, FLORIDA TABLE OF CONTENTS OF GENERAL CONDITIONS ART G C NO. TITLE PAGE NO. 1. DEFINITIONS g 2. THE WORK g 3. PRELIMINARY MATTERS 1 p Delivery of Documents 1p Copies of Documents 1 p Commencement of Contract Time; Notice to Proceed 1p Starting the Project 1p Before Starting Construction 1p 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 1g Contractor's Insurance 20 GC-1 ART GC NO. TITLE PAGE NO. 7. CONTRACTOR'S RESPONSIBILt TIES Supervision and Superintendence Labor, Materials and Equipment; Hours of Work Adjusting Progress Schedule Substitutes or "Or-Equal" Item Concerning Subcontractors, Suppliers and Others Patent Fees and Royalties Permits Laws and Regulations Taxes Use of Premises Record Documents Safety and Protection Emergencies and Precautions During Adverse Weather Shop Drawings and Samples Continuing the Work Indemnification 8. OTHER WORK Related Work at Site Coordination 9. THE CITY'S RESPONSIBILITY 10. CONSULTANT'S STATUS DURING CONSTRUCTION City`s Representative Visits to Site Project Representation Clarifications and interpretations Authorized Variations of Work Shop Drawings, Change Orders and Payments Determination for Unit Prices Decisions on Disputes Limitations on Consultant's Responsibilities 23 23 24 24 24 26 27 27 28 28 28 29 29 30 31 32 33 33 33 34 34 35 35 36 36 39 39 40 40 40 41 GC-2 ART GC NO. TITLE PAGE NO. 11. CHANGES IN THE WORK 41 12. CHANGE OF CONTRACT PR-CE 43 Cost of the Work 44 Contractor's Fee 47 Cash Allowances 47 Unit Price Work 4g Omitted Work 48 13. TIME AND DELAYS 49 14. WARRANTYAND GUARANTEE; TEST AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 5Q Access to Work 5p Tests and Inspections 51 Uncovering Work 51 City May Stop the Work 52 Correction or Removal of De#ective 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 5g Final Payment and Acceptance 6p Contractor's Continuing Obligation 61 16. SUSPENSION OF WORK AND TERMINATION 61 City May Suspend Work g1 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 Limi#ation of Righ#s and Remedies 64 Accident and Prevention 64 Florida Products and Labor 65 Employees 66 Non-Discrimination 65 Drug-Free Workplace g6 Assignment 66 Venue 66 Asbes#os 66 Right #o Audit 66 GG-4 GENERAL CONDITIONS ARTICLE I -DEFINITIONS Wherever used in these Genera( Conditions or in the other Contract Documents the following terms have the meanings indica#ed 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 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 foss 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 #o Proceed, Certificate of Substantial Completion, Warranty of Title, Final Receipt -Release of Lien, General Conditions, Supplemental General Conditions, Technical Specifications, Con#ract 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 far 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 does 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 does 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 TENTATIVE AWARD -The official writ#en 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, shall be in attendance at the project site during performance of the Work and shall represent the CITY directly or through the CONSULTANT. Responsibilities afthe RPR are further defined in Paragraph 10.3 of these General Conditions. SHOP DRAW INGS -Ali drawings, diagrams, illustrations, schedules, and other dafia 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 ofthe 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 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 Projec# assigned to or undertaken by the CONTRACTOR under the Contract Documents, 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, 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 Contrac# 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 shat! provide materials, supplies, tools, equipment, labor, and services directly related to the Work, and shall perform the Work in a good and workmanlike Ge-s manner with sufficient manpower to perform the Work in accordance with the time requirements set forth in the Contract Documents, and shall 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 represen#s 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 tt 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 ail 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 ail 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 Cantract Documents or as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cast 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 a# any time within sixty days after the Effective Date of the Agreement. STARTING THE PROJECT: 3.4. CONTRACTOR shaft 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 shall promptly report in writing to CONSULTANT any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written in#erpretation 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 all Drawings, Specifiications 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 all 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 mast stringent requirement to the CONTRACTOR shall control. 3.6 At the preconstruction conference, 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 far 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 steal{ 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 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 wit( be held to discuss the schedules referred to in paragraph 3.6, to discuss procedures for handling Shop Drawings and other submittals and far 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 scheduies 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 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 wards which have swell-known technical or trade meaning are used to GC-i2 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 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 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 immediateEy 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. GGI3 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 forma! 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 or clar'~ication {pursuant to paragraph REUSE OF DOCUMENTS: 4.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organiza#ion 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 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 thereto 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 ma#erials, 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, s#orm 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-fi11, 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- vehiculartraffic. 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 structures {except Underground Facilifies 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 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 shall 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 physics( 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 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. GG l 6 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 ar 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 ar by others. 5.3.1.1. The CITY and CONSULTANT shall not be responsible for the accuracy ar compketeness 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 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. 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 line excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify the owner or occupant of such facilities bath 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 for their disconnection by their owner. The CONTRACTOR shall be responsible for any damage to any such pipes, conduits or cables, and shat! 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 brough# 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 {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 shalt 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 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 ar 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 fo 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 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 shat( 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, all bonds shall 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 corporate 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. If 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 she(! 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 shah 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 or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform ar 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' 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 andlor 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 General Liability Policy ar 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 fior 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 C! TY. 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 force until at least three (3) years after completion of all services required under the Contract, coverage for products and completed operations, including Broad Form 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 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 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 al! machinery, vessels, air conditioners or eVectric 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. 6.4.4.1. Coverage to be provided on a full replacement cost basis. 6.4.4.2. Lasses 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 similarwarranty or representation that the buildings}, addition(s) or structure(s) will not be occupied by the C[TY. 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 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 Nations! 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 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 certificates have been approved by the CITY. GC-22 CONTRACTOR shall be responsible for and shah 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 shalE be responsible to see that the finished Work complies accurately with the Contract Documents. The CONTRACTOR shall bear al! 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. Tihe 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. A11 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 (ay 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 maybe 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 additions! compensation fior 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 for the convenience of the CONTRACTOR shall be borne by the CONTRACTOR. The CITY shat! have the authority to deduct the cost of al! 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 all 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 shah 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 10.16. ADJUSTING PROGRESS SCHEDULE: 7.6. CONTRACTOR shall submit to CONSULTANT for review and comment (to the extent indicated in paragraph 3.9) adjus#ments 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 substitution and Contractor expressly agrees to be bound by Consultant's decision. The procedure for review by CONSULTANT will include the fo{lowing 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 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 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 result 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 befter to that indicated or required by the Contract Documents. The procedure for review by CONSULTANT will 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, Supplieror 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 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, Supplieror 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. 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.$. CONTRACTOR shall be fully responsible to the CITY and CONSULTANT far all acts and amissions 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 persan or organization except as may otherwise be required by Laws and Regulations. GC-2b 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 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 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 ail 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 alE charges of utility for connections to the Work, and the CITY shalE 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 shall be responsible for ensuring the compliance of all subcontractors, suppliers or other entities furnishing labor, services ar materials on the Project with all laws, ordinances, rotes, 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 taws, ordinances, rules or regulations, and without such notice to the CITY and CONSULTANT, CONTRACTOR shall bear al! costs arising therefrom; TAXES: 7.14. CONTRACTOR shall pay ail 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 ar occupant because of the performance of the Work, CONTRACTOR shah 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, architects, 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 shall keep the premises free from accumulations of waste materials, rubbish and ather 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 tha# wilt 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, 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 al! approved samples and a counterpart of all 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 CONSU~,TANT for the CITY. SAFETY AND PROTECTION: 7.19. CONTRACTOR shall be responsible for initiating, maintaining and supervising al! 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 lass 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 ar 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 sha(I 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 far 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 responsibilities for the safety and protection of the Work shall continue until such time as al{ 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 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, fnc., 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 promp#iy furnish the Local Public Agency with reports concerning these matters. 7.20. CONTRACTOR shall 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 PRECAUTIONS 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 all necessary precautions to ensure that the Work shall be done in a goad 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 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 #o 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. Ali 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 bya 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 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 far 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 far 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 be at the CONTRACTOR'S expense. 7.25. CONSULTANT'S review of Shop Drawings or samples shalt 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 natation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any review by CONSULTANT relieve CONTRACTOR from responsibility for errors ar 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 Speci#ications, any related Work performed prior to CONSULTANT'S review and acceptance of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. CONTtNUtNG 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 1NDEMNIt`ICATION: 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 we[I 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, 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 maybe 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 or liability and a!I 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 casts 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 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 shat! 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 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 thereo#, 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 execu#ion 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 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 or 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 wilt 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 wiN 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 RESPONSIBILITIES 9.1. The CITY shah issue ail communications to CONTRACTOR through CONSULTANT. GC-34 9.2. In case ofi termination of the employment of CONSULTANT, the CITY shall appoint a consultant whose status under the Contract Documents shalt be that of the former CONSULTANT. 9.3. The CITY shall furnish the data required of the CITY underthe 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 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 sale 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 1fl -CONSULTANT'S STATUS DURING CONSTRUCTION: CITY REPRESENTATIVE: 10.1. The CONSULTANT will be the CITY'S representative during the construction period. The duties and responsibi{ities 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 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 to the 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 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 ar information, when required far 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 files for correspondence, reports of job conferences, Shap Drawings and samples, reproductions of original Contract Documents including a{{ 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 ar 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 all names, addresses and telephone numbers of the CONTRACTOR, aN 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 final list of items to be completed or corrected. 10.3.1.25. Observe that al! items on final list have been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. 10.3.2. The Resident Project Representative shalt 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 of CONTRACTOR'S performance thereunder and thus agrees that all decisions made by CONSULTANT regarding such issues shal(be binding upon CONTRACTOR and the CITY. The CONSULTANT will 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 ar 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 shat! 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 ar reject Work which CONSULTANT believes to be defective or believes to be in nonconformance with the intent GC-39 of the contract documents, and wiCl also have authority to require special inspection or testing of the Work as provided in paragraph '44.9, 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. DETERM{NAT{ONS FOR UN{T PRICES: 10.10. CONSULTANT will determine the actual quantities and classifications ofUnit 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 w411 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 4ater 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 partia4ity to the C4TY or CONTRACTOR. The rendering of a decision by CONSULTANT pursuant to paragraphs 10.4, 10.10 and 10.11 with respect to any such ckaim, dispute or other matter {except any which have been waived by the making or acceptance of final payment as provided in paragraph 15.13) wil4 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 ma#ter. 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, 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, revieworjudgment 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 wiN not be responsible for CONTRACTOR`S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CONSULTANT wil! not be responsible to CONTRACTOR for CONTRACTOR'S failure to perform orfurnish the Work in accordance wi#h the Contract Documents. 10.16. CONSULTANT wilt 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 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 or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendmen#, 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 shall 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 shat! 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 maybe taken from any such decision in accordance with the provision of the Contract Documents and applicable haws 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 far 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 shall be incorporated into the construction schedule; the status of construction at 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 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 fhe 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 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 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. 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 "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 writfen 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 evenf giving rise to the claim and stating the genera! 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 a{lows 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 Contracf 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, Post 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 (invited 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 12.6.2.1). 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 .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 shall be in amounts no higher than those prevailing in the locality of the Project, shah 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 far 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 nat 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. 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 aA 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 Wark. 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 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 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 far 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 rents! -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 far 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 ofjob 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 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 I~EE: 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 cost for overhead and profit and the Contractor may add five percent (5%) of the net cost for overhead and profit. If alE 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 Pric® all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and far 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 a!I applicable taxes; and 12.8.2. CONTRACTOR'S costs for unloading and handling on the site, Tabor, installation costs, overhead, profit 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 wil[ 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 ail 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 wilt 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 fnd 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 Wark and to coordinate the Workwith 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 of the 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 shall 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 all 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 ar arbitration panel such as, by way of genera! 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 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 shat( 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. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in Article 14. The guarantee shat{ 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 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 ar 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 forthe Contractor in the Contractor'sfaithfui 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 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. GG-SO TESTS AND INSPECTIONS: 14.3. CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for al! 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 all costs in connection therewith and furnish CONSULTANT the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsib{e 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 Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted far 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. 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, if requested by CONSULTANT, be uncovered far 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. !f 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 ail 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 found to be defective, CONTRACTOR shall 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 far 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 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. 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 al! 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 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 CITY'S evaluation of and determination to accept such defective Work GG52 (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 Wark 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 all 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 for 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 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 claim therefor as provided in Article 12. Such direct, indirect and consequential casts 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, remava4 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 will serve as the basis for progress payments and will 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 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 shall 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 far 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 shalt 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 Stared 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 sha11 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 following thirty +;30) days. The Application for Progress Payment shall also be accompanied by a BiII of Sake, 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 Genera{ 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 thaf, upon payment of the pay request submitted, title to ali 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 ail Work, materials and equipment covered by any Application far 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 Application to CONTRACTOR indicating in writing CONSULTANT'S reasons for refusing #o recommend payment. In the {after case, CONTRACTOR may make necessary corrections and resubmit the Appiication. 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 shall 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 contractor from requesting additional compensation for work for which it has been paid. 15.6. CONSULTANT'S recommendation of final payment wil! 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-SS 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 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 list items unremedied; 15.7.11 Failure to comply 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 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, or there are other items entitling the CITY to credi# 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 readyfor its intended use, the CONTRACTOR shall notify the GTY and the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. Wi#hin a reasonable time thereafter, the CITY, the CONSULTANT and the CONTRACTOR shat! make an inspection of the Work to determine the status of completion. If the CONSULTANT does not considerthe Work substantially complete, the CONSULTANT shad 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 Cantractar must have completed the following: 15.8.1 Al! air conditioning, ventilation, security systems, fire alarms, fire sprinklers and o#her life safety systems must be completed, tested, approved and demonstrated. 95.8.2 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 #irst follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. }nclude supporting documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. ~ 5.8.5 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.$.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.$ 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 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 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 far 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 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. if CONTRACTOR does not abject 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 f ist 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 ether 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 ail 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 the work is substantially complete, it shall issue the CONTRACTOR a Certificate of Subs#antial 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 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 a{l 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 APPL1CATlON FOR PAYMENT: 15.12. After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents (as provided in paragraph 7.18) and other documents--elf 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 app{ication for finai 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 ail of the care and judgment norma{ly 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 Fina! Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the C1TY'S CONSULTANT does not in any way relieve the CONTRACTOR from his responsibility to deliver a fully completed jab 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 #o repair or replace a!I defective and deficient work. The CONSULTANT will then make a final estimate of the value of ail 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 W ark 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 Contractar. CONTRACTOR'S CONTINUING OBLIGATION: 15.14. CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents sha(I be absolute. Neither recommendation of any progress or finai 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, nar 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 01= 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 TERM[NATE 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 faw in effect at the time relating to bankruptcy or insolvency; 16.2.3. [f CONTRACTOR makes a genera! assignment for the benefit of credi#ors; 16.2.4. If 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 praperty 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 16.2.6. 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 to the progress schedule established under paragraph 3.9 as revised from time to #ime); 16.2.7. If CONTRACTOR disregards Laws ar 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, 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 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 Work completed as of the Date of Termination, plus reasonable termination expenses. The CITY also will 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 subcontractors or material men or for penalties or damages for canceling such contractual commitments, (with the exception that the CITY shalt 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 shalE 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, construe#ion, 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: 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 will 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 Termirtation 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 amoun#s 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 butwithout 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 (imitation 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 will 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 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 extentthat such provisions are not in conflict with applicable taws. 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 on Work under the Contract. The Contractor shalt 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 governmenta( 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 far an indefinite period of time or to cance{ this Agreement outright by giving notice by registered mail of GC-64 such intention to the CONTRACTOR herein. fn the event of any conditions above mentioned occurring after the Work herein has already been commenced, then the CITY herein shall be liable far 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. 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 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 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 shall comply with Florida Statutes Sectian 287.087 which gives preference to businesses with drug-free workplace programs. GC-65 ASSIGNMENT: 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 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 specie! 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 BUILD IN GOOD COMPANY_ "Defray Miller Baseball Complex" Delray Beach, Florida CDB #2006-052; TWC #F 106902 SUMMARY OF PRECONSTRUCTlON SERVICES .tr~ru? fi. X007 i Scheduled Duration Total ~ Rate ~ Total Cost Description of Services Release I (weeks) Manhours ~ I _ _ A} Schematic Design Documents PJIA i 0 0 ~ i$ _ Project Officer/CM ~ i, 0 ~; ' $ _ ~ Preconstrvdton Manager ', 0 0 I $ Sr. Project Manager ',,. ~ 6 0 0 ~ I $ _ Project Manager ! 0 ' ~ ' $ _ Superintendent ~ f Estimator Chi ~ D 0 0 D ~ ~ $ e Estimator ' 0 D 0 0 $ $ .. Coordinator ~ ~ l i Reimbursables (Plan 8 Speciftcation Reproduction - I 0 I _ Travel Costs ~ ' 0 0 ! $ _ ~Off~ce Supplies: Copias; Postage; Express Mait I I 0 ~ ~$ SubTotal Cost Schematic Phase j B} Design Development Documents ~ fti lCM { N/A ~ 0 0 ! ~, 0 '~ , ''. $ cer Project O PreconsWction Manager Project Manager ~ Sr i 0 0 0 0 ..; '~ $ $ - . Project Adanager 'I 0 I 0 0 ~ I$ $ _ Superintendent 0 0 -. Chief Estimator D ~ 0 I 1 I $ _ Estimator I I D 0 ~'. 0 $ Coordinator Reimbursables : $ 'Plan 8 Specification Reproduction '. 0 D i I ' ~ $ _ ITravei Costs ~ ~ ~' $ Otfica Supplies; Copias; Postage; Express Mail 0 : SubTotai Design Development Phase', I i 0 i I$ _ ~' C) 50 % Construction Documents Jun-07 ~ ; 4 4 I 0 j ` $ ~ 170.00 $ _ Project OfficerlCM ~ 4 2(t I $ $ 100.60 { 2,000.00 Precons[mction Manager ' i 4 0 $ , 120.00 $ Sr. Project Manager ` R 1 3 00 ~ $ 100 ?09.09 • Project Manager 4 4 ~'. $ . X05.00 $ 420.00 Superintendent I 4 4 ', $ $ 26.00 i 480.00 Chief Estimator 4 BD $ ; 55 tb ; $ 4,400.09 Estimator ; 4 4 ~ $ 45 00 ' $ 160.00 Coordinator f Reimbursables I I 1 ~ ~ $ 409.90 Plan 8 Specification ReproductOn ~ $ 150.00 ~7ravel Costs 1 1 $ 75.00 'Office Supplies; Copies; Postage; Express Mait j 1 $ 205 00 8 Sub7ota150! CD Phases ', 113 i . , D) 95°/ Construction Documents for GMP Aug-07 I 8 8 I$ ; 90 $ 170 1 360.00 E Project OfficerlCM ~ ~ 8 B 40 '. $ : 104.00 $ , 4,900.00 ~ Preconsirucfion Manager , 8 8 $ i 120.00 $ 960.00 Sr. Project Manager ! 8 16 I $ , 190 DO ', $ 1,690.09 Project Manager 8 8 $ 105.90 ~ $ 840.00 Superintendent ~ 8 i 16 '' $ 120.00 t $ 1,920.00 Chief Estimator - ' I 8 120 I 1 $ 55.09 '. $ 6,fi00.00 ~ Estimator di t 8 12 ', $ 45.00 I $ 540.00 or Coor na Reimbursables { 1 i ~ $ 3,600.09 !Plan & Specification Reproduction I ~- $ 480.00 'Travel Costs I 1 1 I ~ ' $ 240.00 'iOflice Supplies; Copies; Postage; Express Mail 15 00 140 22 SubTotat GMP Phase!, I 228 . , ~ Oc[-D7 Project Scheduled Start: December 2007 'GMP Development includes: Market Analysts & Stimulation of 8ttlders Interest ~ ~ ~ - Prequa{ification of Subcontractors ' Preparation of Trade Bid Packages j ', i Total Preeons#ructionServices. ~ 341 --- $ 30,345 2007 O6_O6_PreconSvcs_~M9C_rev#2 page 1 of 1 Rehssd: .' .~~./ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: JULY 24, 2007 SUBJECT: AGENDA ITEM # _ 9J and 9K- REGULAR MEETING OF JULY 24.2007 REVISION TO CM AT_ RISK CONTRACTS WITH WEITZ; CHANGE IN SECTION 20.3. PAGE A-23. ITEM BEFORE COMMISSION The attached page, with underlines and strikethroughs show the proposed changes to Section 20.3, page A-23 of the CM at Risk Agreements with Weitz Company on the Seacrest Soccer Complex and Miller Park. BACKGROUND Our office would like to make some changes to the termination language found in the CM at Risk contracts to clarify the City's ability to terminate the Agreement and set forth the amount owed to the construction manager up to the date of termination. The Weitz Company has agreed to these changes. RECOMMENDATION Approve the proposed changes to Section 20.3 of the Agreements. ~;~dD~~,,,~~.~,~s q~~~9x ~'- 20.3 Termination by Owner Without Cause 1. The Owner may terminate without cause at any time. The Construction Manager shall not incur anv costs in excess of the preconstruction costs unless prior written approval is obtained from Owner or the Owner has approved the GMP. 2. If the Owner terminates this Agreement without cause after the GMP has been approved, 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 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 him the rights and benefits of the Construction Manager under such obligations or commitments. 3. If the Owner terminates the Agreement during the preconstruction phase or at the completion thereof, but prior to the approval of the GMP, then Owner shall only pay the prorated costs incurred for preconstruction services. 4. If the Owner terminates the Agreement without cause. at anv point during the construction, the Owner shall not be in breach of the Agreement and shall only be responsible for costs that have been incurred and fees earned up to the date of termination by the Construction Manager and any subcontractors. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: REBECCA S. O'CONNORASURER THROUGH: CITY MANAGER ~ SS; S~~M DATE: JULY 20, 2007 _ SUBJECT: ~. PROPOSED MILEAGE RATE ITEM BEFORE CONIlVIISSION The City Commission must authorize a Qronosed millage rate for FY 2008 in accordance with State TRIM guidelines. This proposed millage rate must be turned in to the Palm Beach County Tax Assessor's Office by August 3, 2007. BACKGROUND The City Commission is required each year to submit a proposed millage rate in accordance with State TRIM guidelines. This year, the proposed millage rate must be submitted by August 3, 2007 or the City would forfeit state revenue sharing funds submitted by the State. FUNDING SOURCE N/A RECOMMENDATION Recommend that the City Commission review the attached transmittal letter and vote on the proposed millage rate that will be transmitted to the County by August 3, 2007. If the City Commission so chooses not to vote on this millage at this time, a special meeting would have to be set up no later than July 31, 2007 to address the adoption of a proposed millage rate. MEMORANDUM To: David T. Hansen, City Manager From: Rebecca S. O'Connor, Treasurer Thru: Joseph M. Saffo iredor of Finance Subject: Proposed Millage Options Date: July 20, 2007 The passing of House Bill 1 B manda#es #hat the City levy a final millage based on the rolled- back rate less 9%. (The rolled-back rate is the millage rate that provides the same ad valorem tax revenue as was levied during the prior year, exclusive of new construction, additions to structures, deletions and property added due to geographic boundary changes.) This law provides that this can be overridden in three ways: 1. The City Commission can increase the final millage rate up to the rolled-back rate if approved by two-thirds vote of the goveming body 2. The City Commission can increase the final millage rate to the operating millage rate that was levied in the 2006-2007 fiscal year if approved by unanimous vote of the goveming body 3. The City Commission can increase the rate beyond this only by a referendum of the voters The following table shows the amount of revenue generated with each option. petit Increase Operating Service in Operating Tax Debt Tax Revenue Options Millage Revenue ~ Service Revenue Total Total Tax {$) Rate 95°~ Milla a 95% Milla a Revenue Over RBR Rollback rate less 6.1449 $50,871,515 .4334 $3,588,420 6.5783 $54,459,935 9°r6 RBR Rollback rate (1) 6.7527 $55,903,284 .4334 $3,588,420 7.1861 $59,491,704 $5,031,769 Current Rate (2) 6.8600 $56,791,584 .4334 $3,588,420 7.2934 $60,380,004 $5,920,069 Above Current Rate 3 The City must authorize and submit a proposed millage rate to Palm Beach County by August 3, 2007. This is a proposed millage rate only. The City Commission may lower this millage rate in subsequent Public Hearings but may not increase the final millage rate above the proposed rate. Staff Recommendation: City Commission has received a listing of the budgetary adjustments necessary to meet the mandated State rollback rate less 9°~. The City Commission should select either the (1) rollback back increasing the draft budget by $5,031,769 or (2) last year's rate increasing the draft budget by X5,920,069 in osier to give the City Commission funds to adjust the current preliminary budget during upcoming budget hearings if this be their desire. The City Commission could also choose any millage rate between the rollback with 9% rate and the rollback rate (i.e. rollback plus 1%, 2%, 6%, 8%}. We will provide a table of these rates and their revenues at the meeting. The proposed rate could be subsequently adopted (as the final millage rate) or reduced after budget meetings in August and public hearings in September but cannot be increased. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: JULY 20, 2007 SUBJECT: APPOINTMENTS TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Education Board. BACKGROUND The terms for Ms. Catherine DeMatto, Ms. Susan Sikich, Ms. Sandra Tobias, Mr. Perry Stokes, Mr. Adam Davis, and Ms. Marlo Belkin will expire on July 31, 2007. Ms. DeMatto, Ms. Tobias, Mr. Stokes, Mr. Davis, and Ms. Belkin will have served unexpired terms are eligible and would like to be considered for reappointment. Ms. Sikich will have one (1) full term is eligible and would like to be considered for reappointment. Please note that there are two vacancies for Student Members that cannot be filled due to lack of applicants. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. 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. Based on the rotation system, the appointments will be made as follows: Term Expiration Date Commissioner/Mayor to appoint July 31, 2009 (two year term) Commissioner Eliopoulos (Seat #1) July 31, 2009 (two year term) Commissioner Fetzer (Seat #2) July 31, 2009 (two year term) Commissioner McDuffie (Seat #3) July 31, 2009 (two year term) Commissioner Montague (Seat #4) July 31, 2009 (two year term) Mayor Ellis (Seat #5) July 31, 2009 (two year term) Commissioner Eliopoulos (Seat #1) RECOMMENDATION Recommend appointment of six (6) regular members to the Education Board for two (2) year terms ending July 31, 2009. EDUCATION BOARD EXHIBIT KA" Applicant Background Mario Belkin Educator Incumbent Adam Davis Librarian Incumbent Catherine DeMatto Training and Development Specialist Incumbent Katherine Fazio Administrative Assistant/Business Owner/Marketing & Sales Bernard Federgreen Director of Operations (currently serving on the Board of Adjustment) Gerald Franciosa Retired/Law Enforcement/Accounting (also applying for the Public Art Advisory Board) Philip Friedman Assistant Financial Aid Director (currently serving on the Nuisance Abatement Board) Joseph Gaston Financial Service Associate/School Language Facilitator Tam Knight Retired-Educator Peter Raycroft Educator Ria Santos Financial Consultant/Teacher Susan Sikich Associate Director/Educator Incumbent Perry Stokes Educator Incumbent Sandra Tobias Real Estate/Educator Incumbent Kenneth Zeno Self-employed Training Consultant/former School Teacher/Administrator EDUCATION BOARD 06/07 TERM EXPIRES NAME & ADDRESS OCCUPATION TELEPHONE 07/31/2007 Catherine DeMatto Office: 573-1520 Unexp Appt o2/2o/07 227 Sherwood Forest Drive Training & Development/ Cell: 573-1520 Delra Beach, FL 33445 Marketing & Sales 07/31 /2008 Gerald Crocilla Office: 243-1544 Appt o8/01/oG 9370 Longmeadow Circle Cell: 385-8267 Bo nton Beach, FL 33436 Teacher 07/31 /2008 Debra Kaiser, Chair Home: 499-2894 Appt o7/oG/oa 684 Lakewoode Circle West Fax: 638-4018 Reappt o7/tl/06 Deka Beach, FL 33445 uall Executive Q ty 07/31/2008 Ned Rosen Home: 637-6228 Appt08/01/OG 933 Greensward Lane Delra Beach, FL 33445 Consultin /Research 07/31/2008 Harold Van Arnem Home: 272-0550 Unexp Appt 12/13/05 733 N. Ocean Blvd. Work: 272-2912 Reappto7/t1/oG Deka Beach, FL 33483 Develo er 07/31 /2008 Peggy Murphy, Vice Chair Home: 638-6859 Appt 07/oG/oa 4622 Ellwood Drive Office: 243-7922 Reappt07/11/oG Deka Beach, FL 33445 Director Fax: 243-7018 07/31/2007 Susan Sikich Home: 272-0554 Appt 07/05/05 1117 Harbor Drive Cell: 312-505-6810 Delra Beach, FL 33483 Associate Director 07/31 /2007 Sandra Tobias Home: 637-3060 Unexp Appt 02/21 /oG 4464 Cocoplum Way Office: 573-8209 Delray Beach, FL 33445 Cell: 573-8209 Real Estate/Educator 07/31/2007 Perry Stokes Home: 243-4856 Unexp Appt01/03/oG 2845 SW 22"d Avenue #108 Cell: 634-0556 Delray Beach, FL 33445 Educator Office: 638-2100 07/31/2007 Adam Davis Home: 588-9666 Unexp Appt 09/19/OG 822 N. C Street Cell: 876-9035 Lake Worth, FL 33460 Librarian Office: 819-6405 Fax: 266-9757 07/31 /2007 Mario Belkin Home: 274-6932 UnexpAppt Ol/03/oG 21 NE 11``' Street Office: 279-2970 Delray Beach, FL 33444 Cell: 789-0578 Educator STUDENT MEMBERS (one term limit 07/31/2007 2 YEAR TERM Unexp Appt Vacant 07/31/2007 1 YEAR TERM Unexp Appt vacant CITY REPRESENTATIVE: Janet Meeks -Education Coordinator 243-7231 COMMISSION LIAISON: Commissioner Fred Fetzer (Primary Member) Commissioner Nelson McDuffie (Alternate Member) DELRAY BEACH /~ ~~~ I l O l 1 O A ~'d~~~ ~ ~ CITY OF DELRAY BEACH ~ ~,~ ~ ~,~,,~ BOARD. MEMBER APPLICATI~~ ~ ~ 2005 2001 1993 ~~~~ ~~~~~ Please a or rint the followin information: 1. Last Name: '$~.1Ki r1 Name ~o-r~ O ~ I. ~ . 2. Home Address: } o? ~ N E ~ ~ ~' S~'ec.-~ rty ,Y ,geac~in She 33~ye 3. Legal Residence: ._.-. City ~ -- State _ Zip Code 4. Principal Business Address: o SvJ S+x~~^ ~.lev-~e. City ~c~~r 1• eacL~ State ~1.. Zip Code 33~i~ta 5. Home Phone: ~i.a'~4•l,g3z Business Phone: ol'lq .o1.~t~lo E-Mail Address: N1~la9ro1Q.1oe11s•.,l.t, Cell Phone: 5~1 na~t- 789.05'78 Fax: S1cl a?r19•Zro7 6. Are you a registered voter? ~l ~S If so, where are you registered? ~,~~'~~ 7. What Board(s) are you interested in serving? Please list in order of preference: ~e~r ~ 'o~ oa~~ ~. List all City Boards on ich you are currently serving or have previously served: (Please include dates) fr1 0. 9. Educational qualifications: leas t' v 10. List any related professional certifications and licenses which you hold: ~ se ~ m 11. Give your present, or most recent employer, and position: ~ i is o C'e ~-I~.+r' ~ e~~. v~ ~~ rem ~' 12. Describe egperi ces, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) a av~ ed. r o~ ne sSi u.0~-~~ vne. ~~' a i~iov~o ~ 2~~ GC~.U.Cd~i o~ ~o ediC.~ior1 rv~.ki a du~e.re~c~ ' 1i.l~e S a~ e~~durta^ ~~ s ~ i~c s worn I hereby certify at all the above statements are true, and I agree and understand that an ~ statement of material facts contained in this appli ~ n may cause forfeiture upon my part of any appointment I may re eive. ~ a~ 1 a- ~ ~ o J~ .,IGNAT RE DATE Note: This application will remain on file in the City Clerk's Qffice 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. SICITYCLERIC~BOARD\APPLICATION Div, /~l~ r Marto Belkin 21 NE 11th Street Delray Beach, FL.33444 56.1.789.0578 CAREER OBJ€CTIVE: To promote achievement for all students, integrating academics and artistic expression, to encourage self-exploration and foster creative, independent thinkers. ADMINISTRATIVE EXPERIf NCE: 2004-Current, Executive Director, Milagro Center, Delray Beach, Florida / Implemented Educational Foundations throughout Program Model / Created Intensive Children's Literacy Program Opened Communication with Local Elementary Schools / Developed Family Participation and Responsibility Initiative / Implemented Community Outreach Program Facilitated Development of Strategic Plan for'Organization / Organized Company's Policy and Procedures __ / Established Professional and Business Partnerships / Solidified the Foundation of the Organization 2001-2004, Entrepreneur & Business Manager,' Palm Beach County, Florida / Created Strategic Planning Teams and Delegated Responsibilities / Developed and Implemented Marketing Plans and Strategies / Create Time Sensitive Guidelines and Deadlines / Maintained General Company Financial Records, Budgets and Accounting / Customer Liaison and Troubleshooter / Developed Community Outreach and Built Business Partnership / Motivated Staff and Volunteers to Work Cooperatively to Reach Common Goals / Provided Group and Individual Instruction 2000-2001, Assistant Principal, Wellington High School, Wellington, Florida / Dean of Discipline for Exceptional Student Education Students Ensured the Adherence to 504 and Individual Plans as Related to Discipline / Implemented Behavior Management Plans for Disruptive Students / Coordinated and Administered District, County, and State Wide Testing / Developed and Implemented Policies 8~ Procedures for School Wide Testing Evaluated and Supervised Classroom Teachers Coordinated and Implemented Professional Development Days / Administered Faculty and Student Surveys to Measure School Climate / Ensured Safety and Security for Students / Crisis Response Team Member Responsible for Media Contact / Worked Cooperatively with School Police / Empowered Staff and Students to Make a Difference / "Conducted Monthly DeparEment Chair Meetings / Worked with Teachers to Create Positive Learning Environments / Provided a Positive and Fresh Outlook on Education Marto Belkin TEACHING EXPERIENCE: 1996-2000, Indian Ridge School, West Palm Beach, Florida / Recruited as a Training Consultant for School-to-Work Program Development / Coordinated and Developed Master Schedule / Recruited and Interviewed Potential .School Personnel / Facilitates Organization of School-to-Work Program Presentations / Presenter of School-to-Work Program at State Conferences / Active Involvement in Development of School Wide Transition Program / Coordinated Student Activities that Correlate to Sunshine Standards ~/ Assisted in Grant Research and Development / Responsible for Overseeing Federal Grant / Coordinated and Developed Parent Involvement Initiatives / Wrote and Lmplemented Mini-Grant / Development and Implementation of Staff and Student Schedules / Trained Peer Teacher and Intem Supervisor / Supervisor of Teacher Interns and Beginning Teachers / Member of School Advisory Committee, Instructional Innovation Team / Acted as Exceptional Student Education Contact Person 4994-1996, District 75, P106 at-Bellevue Hospital, New York, .New York / Assisted in Development of Transition Program / Certified as a Human Sexuality Educator / Facilitated Weekly Student Peer Groups / Integrated Positive Behavior Management Strategies / Case Manager for Individualized Education and Individualized Transition Plans / Participated in Structuring Parent Teacher Association / Established Working Relations with Doctors, Therapists and Other Agencies / Pilot Classroom and Teacher Training for a Drama Therapy Program / Active Member and Coordinator of Sunshine (social) Committee 1992-1994,`Olympic Heights Community-High School, Boca Raton, Florida / Created Behavior Modification Program with Positive Reinforcements / Provided Motivating Learning Experiences / Varsity Cheerleading Coach 1992-1993 / Co-Sponsored the Ambassador's Club 1993-1994 / Successfully Completed the Professional Orientation- Program VOLUNTEER EXPERIENCE: / Board of Directors, Hugh O'Brian Youth Foundation (HOBY), South Florida / Direc#or of Programs, HOBY / Director of Facilitators, HOBY, Recruitment and Training / Sponsor for HOBY Palm Beach Alumni / Very Special Arts of Palm Beach County / Art, Humor & Play sponsored by Severely Emotionally Disturbed Network Marto Belkin CERTIFICATIONS: / Florida:. Educational Leadership / Florida: Emotionally Handicapped and Specific Learning Disabilities / New York: Special Education EDUCATION: / 1998-1999 Masters of Educational Leadership, Nova Southeastern University, North Miami Beach, Florida / 1988-1992 Bachelor of Science, University of South Florida, Tampa, Florida DELRAY BEACH • \ U M 1 A ~`~ CITY OF DELRAY BEACI~EC~IVED ~ BOARD MEMBER APPLICAT1~~12 6 2006 1993 zoos ~y"f'Y C~j; ~~ T~Ia~~P ff)r,P nr print t}iP fnllntyiny information: /~~~ ~ . 1. Last Name: Vt 5 Name ~GI.VYI ~ I' (~ v 2. Home Address: City) ~ State Zip Code 3. Legal Residence: ~VVI-e- City State Zip Code 4. Principal Business Address: l d o V1/ A~ftar~ ~~ /~1ie City r~/r~~y Bch State ~L Zip Code 3344 5. Home Phone: ~~1-~~~-9lP~o~ Business Phone: 5r~/-~/q- ~~05 E-Mail.Address: a am~da-.1s d~/ Cell Phone: 1510/-~~l-YD35 Fax: ~-z~~-~~s~ 6. Date of Birth 1 z~29/ ~~ 7. Are you a registered voter? If so, when are u registered? `~e5 La/2e fi/arQ~ii ~L 8. What Board(s) are you interested in serving? Please list in order of preference: ~UUCR~Z0~7 ~Y~G,R~ 9. List all City Boards on which you are currently serving or have previously served: (Please include dates} /V~~- _ tional qualifications: ca 10. Edu / ~ Q 1 luG~'1~ 11. List any related professional certifications and licenses which you hold: N /-~- 12. Give your present, or most recent employer, and position: ~ ~~~ Pvh/G L,G~y , ~~ o~ ~e e~~ ~~ Y~- serve ~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~LG~~I' 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- G ATURE DA E 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. ~-rn t~(i ~ 1 Adam S. Davis 822 North C Street Lake Worth, FL 33460 561-876-9035 adam.davis@delraylibrary.org OBJECTIVE To obtain an appointment on the Delray Beach Education Board. EDUCATION University of Illinois, U-C Graduate School of Library & Information Science Graduation Date :12/04 University of Hartford Majors :Sociology & Spanish (Bachelor of Arts) Graduation Date :05/01 WORK EXPERIENCE Delray Beach Public Library (Delray Beach) Head of Reference, Young Adult Services From: 01/05 to present • Supervise and manage staff of three professionals and volunteer staff of up to 20. • Provide face-to-face, online, and telephone reference and reader's advisory services to large, diverse population of adults and teens. • Create and provide programming for Delray Beach adults and teens. • Effectively develop non-fiction, foreign language, and reference collections for adults and fiction and non-fiction collections for teens. • Successfully carry out promotional and outreach activities to increase community participation in the library. University of Illinois, U-C Graduate Assistant Undergraduate Library From: 08/03 to 12/04 • Assist large, diverse student, faculty, and community population with research at reference desk. • Provide telephone, chat, and online reference services to students, faculty, staff and community members. • Perform bibliographic instruction services. Instruction workshops include: Info-Trac, EBSCO, OCLC FirstSearch databases, C-vid databases, and Lexis-Nexis databases; and Voyager online catalog. • Supervise opening and closing of library, and manage 5-10 student workers. • Manage online "Question Board" e-mail reference service. • Create innovative displays to attract patron interest in library services. • Participate in LGBT Bibliographic Committee. Champaign Public Library (Champaign, IL) Bookmobile Intern From: 09/04 to 12/04 • Assist bookmobile staff members in circulation duties. • Perform successful reader's advisory services in English and Spanish. • Present and implement a plan for increasing bookmobile patronage. 2 RELEVANT PROFESSIONAL EXPERIENCE Co-chair, RUSA RSS Library Services to the Spanish Speaking Committee, ALA From: 06/04 to Present • Responsible for setting national guidelines for library services to Spanish- speaking patrons. Participant. in Read Together Palm Beach County Spring, 2006 • Co-coordinated local programming around To Kill a Mockingbird. • Effectively provided outreach and promotional materials to increase participation in programs. LANGUAGE SHILLS Proficient in Spanish -written and oral. COMPUTER SHILLS Knowledgeable in HTMI_ code, Voyager, Sirsi and Horizon integrated online library systems, Word, Excel, Access, experience with over 125 article and research databases. REFERENCES Karen Evanson Assistant Director, Delray Beach Public Library 100 West Atlantic Avenue Delray Beach, FL 33444 561-266-9489 karen.evanson@delraylibrary.org Lynda Hunter Children's Librarian, Delray Beach Public Library 100 West Atlantic Avenue Delray Beach, FL 33444 561-819-6299 Lynda.hunter@delraylibrary: org 1VIyka1 Banta Assistant Director, Delray Beach Public Library 100 West Atlantic Avenue Delray Beach, FL 33444 561-266-0198 Mykal.banta@delraylibrary.org Delray Beach Public Library July 26, 2006 Dear Ms. Cobb: Thank you for taking the time to review my Board Member Application. I am very .interested in serving on the City of Delray Beach Education Board and feel that my expertise as a librarian will benefit those who are served by the Education Board as well as the City as a whole. I'm currently the Head of Reference and Young Adult Services at the Delray Beach Public Library. My training and duties are geared towards offering research assistance to both adults and teens. During the school year, I coordinate book discussion groups, educational and entertainment activities, and homework help for teenaged students in order to create a positive youth culture at the Delray Beach Public Library. I want to extend my efforts in facilitating a positive youth culture by joining the Delray Beach Education Board. I would like to create relationships not only with the students, but with teachers and administrators as well, because I believe that with cooperation amongst educators and motivated interested citizens, Delray Beach youth can always be better served. I want to be a part of the process. Again, I want to thank you for your time in looking over my application. If you have any questions, please feel free to contact me at your earliest convenience. Sincerely, Adam S. Davis Head of Reference Delray Beach Public Library 100 West Atlantic Avenue Delray Beach, FL 33444 adam.davis@delraylibrary. org (ph) 561-266-0196 (f) 561-266-9757 100 WEST ATLANTIC AVENUE DELRAY BEACH, FL 33444 PHONE 561-266-0194 FAX 561-266-9757 WWW.DELRAYLI BRARY.ORG DELRAY BFACFf _ - ~~ V ~~ .~~ :~~~ ov ®9 2p06 ~ ~~~ ` CITY OF DELRAY BEACH N ~~ BOARD MEMBER APPLICATIO ~`~ G,'~ '! 993 2Q01 Please tvue or print the following information: 1. Last Name: ~ ~ ~1 A ~~v . J ( Name ~ e ( M.~ 2. Home Addy e ss: S~ u~v~~ v City ~~ State L Zip Code . ..,~~~EIYS 3. Legal Residence: L City .a ~ State (t ; Zip Code 4. Principal Business Address: ~<5a v~ City ~ '' ~ ~ State // Zip Code 5. Home Phone: Business Phone: 5~/- 573-/So?~ E-Mail Address: ~Q~~~.T(J/fir~R~c. Cell Phone: S~/-513-isao Fax: 6. Date of Birth 7. Are you a registered voter? If so, where are you registered? 8. What Board(s) are you interested in serving? Plea e li t in order of preference: a ~ c ~C- ~ ~r9-2 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~d - 10. Educational qualifications: S>°e Rps~ ~~- ~ r3~2 d a ~M ~ !~ c 6~ L ~ 11. List any related professional certifications and license which you hold: L rw C~ L ~'S . ~d ~5/ C ^ IY ~ C 12. Give your present, or most recent employer, and position: ~~~ 13. Describe experiences, skills or knowledge which qualify you11to serve on this board: (Please attach a brief resume) (` 7 P Q S d ~ N! w .L ~`P L ~ QiyP ~'~~~lENC ~ - /~NoytfL < G ~ l9l ~ ,qlp,., ~ ~ N ~' c /> t C' oj0~ ~ /C~C~~I~'M/~~ 1~C'N E n,G wo2 "71 (~o,~fiKcro~rY' SP,Qu 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 ~ n may cause Forfeiture upon my part of any appointment I may receive. SIGs DATE ~~ ~~ ~ ,~:', 9se, Note: 1 tus application wail remain on the to the C;tty C;lerk's Uttice 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. Catherine J. DeMatto 227 Sherwood Forest Drive Delray Beach, FL 33445 (561) 573-1520 CORPORATE FINANCIAL SERVICES TRAINING MANAGER With 20 years of consistently exceptional~performance in management, training and new business development, I have effective management and leadership capabilities to achieve results in others and myself. QUALIFICATIONS SUMMARY • Management and Training Experienced in training development, evaluation and facilitation, as well as coaching, motivating and evaluating a staff. Received sales and management recognition awards. • Marketing. and Sales Support Developed, implemented and managed product introductions and training, as well as direct marketing programs for national sales organizations. Managed special events and developed strategies to enhance brand recognition. Individual Sales Performance Achieved membership in John Hancock's Honor Club; Mutual Fund Top 100 Leader Ranked number 1 first year sales representative with Fidelity Brokerage Services, Inc CAREER EXPERIENCE Lumbermen's Underwriting Alliance June 2006-present Employee and Development Specialist • Training development, facilitation and evaluation; • Management of on-boarding programs for newly hired Account Representatives. SouthTrust Bank/Wachovia June 2004-2006 Retail Financial Center Manager, Vice President • Training and new business development. • Overall responsibility for 15+ operation, Gulfstream Business Bank. July 2003-2004 Relationship Sales Manager • Private Business Bank: Business development through referrals, networking and cross sales. Weiss Insurance Ratings, October 2002-2003 Sales Training Manager • Classroom and on-on one training and coaching of sales personnel • Developed and implemented sales training modules for new and experienced hires; • Recruited and hired new sales team. Training and Management Consultant: Freelance Projects May 1999 to Ongoing • Bank of America: Management Associate Program • Prudential: Training Manager Facilitated and assessed sales training programs for sales representatives and financial planners; direct responsibility and accountability for new hire production. • MetLife: Training and Coaching Facilitated and assessed training process for newly hired call center employees to support shareholder base during Metlife's conversion from a mutual to a stock company. Republic Security Bank /Wachovia Investments 1997 to April 1999 1998-1999 Vice President, Investments and Training, Business Development • Developed astart-up investment sales operation in the Florida market; • Created and facilitated training sessions for bank management, consumer branch employees and business partners to ensure the sale of investment products through qualified referrals and cross selling of consumer bank products. ?997-1998 Second Vice President, Private Bank, Business Development • Established client base for Trust and Investment Management Division. • Created and managed the training process for bank branch employees with regards to recognizing and referring qualified prospects. • Facilitated client seminars throughout Palm Beach County. Fidelity Investments, Boston, Massachusetts 1993-1997 Marketing, June 9995 to 1997 Annuity Product Marketing/Training Manager • Ensured the successful promotion and ultimate sale of various annuity and insurance products with direct accountability for increasing national sales. • Developed sales strategies; created supporting materials, including electronic marketing tools. • Created and managed training programs and fully supported distribution channels. Retai! lnvesfor Center, 1993 to 9995 Investment Sales Representative • Attained #1 new sales representative rank. Worked with existing client base to boost "share of wallet" while establishing new client base. • Repeatedly achieved within top 10% in brokerage sales --including #3 nationally in annuity sales. Dreyfus Service Corporation,. New York New York 1991-1993 Sales Center, 1992 to 19931nvestment Sales Representative • Successfully marketed investment products to new and existing clients. John Hancock Mutual Life Insurance Company Boston Massachusetts 1976-1991 Lead Generation Marketing Unit, 1990 to 1991 National MarketingfTraining Manager • Implemented and managed three national lead generation programs which were responsible fora 15% increase in annual sales. • Produced support brochures and promotional materials to educate field force about programs. • Managed John Hancock's corporate sponsorship in BABYFEST, a national consumer event held in ten US cities. Life Product Marketing Unit 1989 to 9990 • Developed and implemented new product and sales training programs for field force. • Conducted training sessions for agency management and marketing representatives. Sales and Sales Management, 1980 to 1989 Sales/Sales Training Manager • Promoted to Sales Manager in recognition of 4 years of outstanding sales production. • Developed sales units at agency locations throughout Eastern Massachusetts. Recruited, trained and managed sales process for new and experienced marketing representatives. ADDITIONAL EXPERIENCE Sales promotion, direct mail and event management, Completed news writing and reporting assignments for large daily newspaper. EDUCATION AND LICENSING University of Massachusetts at Amherst, Journalism; LUTCF designation; NASD Series 8 (9&10), Series 7 registered; FL Life Health and Variable Annuity licensed 2 DELRAY BEACH / ~. 'ice ~i~'k ~~ ~ 7/a ~ Y ~ 1op6,,.(~ CITY OF DELRAY BEACH 1' I I MPR ~ G~,~`BOARD MEMBER APPLICATION ,~~ 200 1j-~~j~--' ~. -~ J/ ~~tease a or not uic wu~wai ,..~.,....~u~... - Name M" I' 1. Last Name: Z/U ~~ 2. Home Ad ss: State Zi Code Q ~ 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: -~ - 3~ ~ byb~~,, ~1e ~~ -a~ a~~-~~o ~ 6. Are you a registered voter? If so, whey e you register ? ~ C ~ S 7. at ar (s) are ou interested in s ruing? Please List in order of preference: ~ d E ~ ~, ~n u ` c.sL /-~ ~ f 8. List all City Boards on which you are currently serving or have previously served: (Please include dates 9. Educational quali&cations: 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and positir o~~ 12 cribe experiences, skills or knowledge which qualify you to serve on this board: tease attach a brief resume} . ~~ ~d ~k ~ c~~ ~ ~S ~d ree and under tand that any misstateme t of material facts and I a ts are e b g , ove statemen hereby certify that all the a eive. in this application may cause forfeiture upon mp part of any appointment I may rec contained r / ~~lA / `Y A ~~ ~ /'~ ~/~ ~ 4 1 DATE ..,,....,,- ~~ Note: 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 o~n fil R~~aRrna~w.~a,~~ 1~1~, RESUME KATHERINE FAZIO 1116 Hazbor Drive Home: 561-276-4939 Delray Beach, Florida 33483 Mobile: 561-289-2320 Email: k6464@aol. com Objective: To participate as a citizen on the City of Delray Beach Boards Experience: 9/2005 -Present Carl W. Timpson Delray Beach, FL Timpson Investments, Inc. Assistant Work part-time providing administrative assistance. Written client communications, phone work, bill paying and more. 6/2005-9/2005 Randolph T. Ely Delray Beach, FL Allmon, Tiernan andEly Receptionist Worked part-time providing many administrative services for an extremely busy and successful real estate office -phones, contracts, mailings and MLS software. Was offered afull-time position. 8/1990 - 8/2001 Write to Me Owner Dekay Beach, FL Initiated and operated a local stationery business. Represented 35 different companies to a customer base of over 300 people in the Delray Beach area. Computer use was extensive for all billing, accounting and marketing. Ruruung the business required organizational skills, creativity, and a gregarious, outgoing personality. Sold the business for more than four times the original investment. 8/1981- /1985 Baystate Financial Boston, MA Assistant Vice President, Investments Responsible for providing marketing and sales support to 135 Registered Representatives in the investment business. The position required in depth knowledge of investment products which included annuities, mutual funds, unit investment trusts, tax shelters and discount brokerage. Created and maintained all marketing aids, reviewed new products, provided sales support to the Registered Representatives and managed an office staff of five. 8/1979 - 8/19$1 Keystone Massachusetts Boston, MA Manager, Field Marketing Services The position provided sales support to the Northeast Regional Vice President and all of her broker/dealers. Assisted in the marketing of mutual funds, retirement plans, annuities, trust services and private money management_ Responsible for overseeing five other Marketing Assistants. Worked closely with the entire field of Regional Vice Presidents to coordinate their sales efforts around the country with the home office. 8/1977 - /1979 Massachusetts Financial Boston, MA Services Marketing Assistant Started as secretary but was promoted to Marketing Assistant which required sales support and service of customer accounts for the broker/dealers. Dealt with mutual fund products and retirement plans. 8/1976 - 8/1977 Alliance Capital Boston, MA Management Receptionist First job upon completing of college degree. Receptionist for busy investment firm. General office work. Education: 6/1975 Rollins College Winter Park, FL Bachelor's Degree After. Rollins, obtained Life, Accident and Health Insurance license also National Association of Security Dealers license. Affiliations: 9/2001- Present Paul's Place After School . Delray Beach, FL Board Member and Volunteer 9/1999 - 9/2004 Big Brother Big Sister Delray Beach, FL Mentor Personal: Married with two grown children. Active community volunteer. Love to play tennis, golf, fish, travel and read. DHRAY BFACH . ~ o ~ . Ap~t>ericaCity 1993 2007 CITY OF DELRAY BEACH ~~~~~ ~~P~~ . BOARD MEMBER APPLICATION 1 ~ 2005 OCT ale.. a t....e ~. ..«~.r rl,a Fi.ll..min,r in~nrnnatinn- 1. Last Name: Nate M I_ r.., 2.~HomeAddress: _^ v~ /-f ~ ~ eL~~ ~~ ~ r ~ Code 3. Legal Residence: City State Zip Code 4. Principal~Business Address: City State Zip Code S_ Home Phone: ~/ ~~ 333 Business Phone: -"' PrMail Address: .9i/ ~~9 ~~Tr.,~--a Cell Phone: `-- Fax: ~' _ 6. Are you a registered voter? If sQ, w~~~are you%~is~ed?. ~ fj rte/ . 7. What Board(s) are y ~ erected in serving? Please list in order of reference: /~ L/ G~~ /Sd !~-.~ ~~~ a7 ~ - 8_ Iist all City Boards on which you ate currently serving or have pr ously served (Please include dates) --~t?~ 1/ 9. Educational qualifications: D 10. List anp related professional,cextifications and licenses which you hold: 4 11. Give your resent, o ost ecent tnployet, and osition: ~L~i9` ~ ~ G,~ ~v ~ - ~rTz ~ o Dl~ D~~/C ~-/~~~ 12 Describe experiences, skills or knowledge which qualify you to serve on this board (Please attach a brief resume) .r ~~e~- o~ U~ s ~'~' -- o~ hereby c - t/hxt~the above statements are true, and I agree and understand that any misstatement of material facts con ~ ed ' ap may cause Forfeiture upon my part of any appointment I may receive. ~ '! l ~ ~ ~~~ SIGI~9-1YTCJRE ~-'~ _ llA 1'1/ tote: 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. S1Qr'yft,F1tR160ARI7I1MM1G'RON DEUtAY BEACH 1 f CITY OF DELRAY BEACH ~, 2006 ~. ® BOARD MEMBER APPLICATI~~ ` ~~~ 1993 C~~~ ~~~ 2001 Please a or rint the followin information: j~ ~ ~ 4 1. Last Name: Ord ~ Name ~~ / „/ M. I. 2. Home Address: ~ ~~ ~~ City ~~~ Sta~G Zip Cod 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: 1~~a~o Business Phone: E-Mail Address: Cell Ph e: '~ ~~~asA ~ (.~M Fax: ~di Z6 ~ 6. Date of Birth D 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• List all City Boards on which y u are curr y serving or have previously served: (Please include dates) 10. Educational qualifications: ~ 6lti~ 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: /1Q~D 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 contai ed ' 's application may cause forfeiture upon my part of any appointmen I may recei ,e,. A '_ _ ~/~ ~'~ DATE , ~i ~~ C.Kis 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. OELRAY BFACH ~~~'', . o ~,rC~ ~~~~ CITY OF DELRAY BEACH ~~/~irets BOARD MEMBER APPLICATION ~tE~~~~~. Zo i AUG !.5 2005 ., ~_„_~__ ._t__.___.: ,..,-~o..~~ ARK L j~V ~ vi u..~ u _•- ___ 1. ame: /~ N ~ ~ ~ I. 2. Ho Address:' 6 ~ 2~1` ~ S to Zi. Code 3. Legal Residence: ii City State Zip Code ~ .4. Principal Business Address: ~~ City State Zip Code S. Home Phone: 7~ ~ Business Phone: E-Mail Address: Cell Phone: Fax: 6. Ate you a re ~ tered voter? If so, wh a ate o re ~ tered? e~ C~ ~ 7. What oa ~s)~ue you ~ retested in sets g? Please list in der of p eren e: ~ p 8_ Last City Boards on which you ate currently serving of h ve p eviously creed: (fleas include dates) c IZ-C._ ~' -2~~L! 9. Educational ualifications: ~l ~ / / v k ' rv Cit... CU c"~ 5~~-`-S ~ NL° S • 10. List any telat~~gf~ional ~~ Sons a~ licenses? hj ~c ~ h~o~_ - i + ~ ~S-~ 11. 've pour tesen of most recent emp oyez and posi ~on: t ~ 1 2 N C. cfl f .~ /V~/vC cAI ~ t- C l~(.~Lt tl~ ~ ~ owiedge which qualify you t ' 1 escrtbe ~ences, skills or -fC ..c1 >Je. -P_ ~ serve o~n gthis boat • (Please attach a brief tes e) V b .fL c, ~' r~/t% t J I hereby certify at all above statements are true, and I agree and understand that any misstatement of material facts containyd~ app ~ tion may ca Forfeiture upon my part of any appointment I ma rec - e. // //~~ ~ ~~ Q~ CT^-NATU DATE ' _~.ote: This application will temp on hie m the oily l.terx~s Utttce for a penoa of ~ yeas ~s~~~~ ~~ •~~~ ~~ w~ subtnitted_ It will be the applicant's responsibility to ensure that a current application is on file. svxrrct,eax~sonxn~aee[sar[oN ~~ S lid ~l i,4~ ~--~j ~~ ~~~oro ~~ M,~.~-. ~~~ ~ oo, .~y~ , u~~a~ c~ !~ ~~; W n ~.I~C. C° ~:~e~. ~ enact TA->C ~ ~~~ ~ c~ ~a~,~ tN {-c,.~ ~~-~~~,.~- - ww-s col~e~N~ DELRAY BEACH o f ~„~ ~~~~ a~-an~~c~ CITY OF DELRAY BEACH APR 1 n X00? ® BOARD MEMBER APPLICATION ~a~L~~ 1993 ~[/~ ~ / 2 001 Please .type or print the following information: I ~~ ~~~ 1. Last Name: -~ ~~/~ ~ f Name ~5 1 ~ ~ M- - /'~ 2. Home Address: ~~ 3 ~ JJ .~ ~ 3 ~~ City 1 ~L ~', A ,~3~~c~ State . ~G Zi Code <3~~is 3. Legal Residence: ~/'I1ttE ty State Zip Code 4. Principal Business Address: City State . Zip Code 5. Home Phone: mil- ~~'/~ ~ Business Phone: ~l-9~~~~~8 E-Mail Address: ~Jf15~7~P~/~ Cell Phone: ~~/d3 f/~~ Fax: ~~ y~~ /o~~ 6. Date of Birth n$J~l~~~ 7. Are you a registered voter? If so, where are you registered? o 8. What Boards} are you interested in serving? Please list in order of reference:/ ~ 42 ~ V /b'D /Z ` 4u•r~c/~ ~ C. r3 ~ ~' ~ /' A/ ~ ~~~ /Z~~y ~' ~ 1~ue~i/~~r/ ~d~ _ List all City B arils on whi you are currently serving or have previously served: (Please include dates) /~ ~' 10. Educational qualifications: ,r i~.s~~~~s ~1 f~,~ : ~Cd~r/d.'~CC's 11. List any related professional certifications and licenses which you hold: /I~D~l~ ~ ~~ /~~G 12. Give your present, or most recent employer, and position: Z~~ ~~ir~~ ~s~,~~c~~G S ~~ ~ oa ~ C,rZi >~o%! d N ,~ mil' ~-- ~ ~~`/~~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief restune) 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~~ma cause forfeiture upon mypart of any appointment I may receive. C%~/ ~ SIGNA DATE - -- Note: This application will remain on file in the City Clerl~s C-ffice for a period of Z 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. Gios67eph(a~yahoo. com A talented Business professional with extensive sales and customer service experience SLrMMARY OF OUALIFICATIONS • Able to learn and apply quickly and effectively • Hazd working, detail oriented, able to multi-task • Extensive customer service background • Excellent communication and presentation skills PROFESSIONAL EXPERIENCE • Prudential Financial, Boca Raton, FL March 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 professional 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 experience 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 pazents 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 ITNIVERSITY, Boca Raton, FL (2003) B.S. in Business, Major: Economics. FACULTE DES SCIENCES FIU1ViAINES, 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 noMife 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 solo 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 behaff 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 Finanaal 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 IFSA081826 /~~ Ur~~~lnts•i•~l DELItAY 6~ACN All-Amaical~y •~~•® 1993 2001 CITY OF DELRAY BEACH G~`.~~p BOARD MEMBER APPLICATI~~ ~ Please type or print the following information: 1. Last N e: Name M. I. 2. Home Addr s: Dal ~1. ~ Zo - ~ City `~ State Zip Code 33 3. Legal Residence: ~-w~c. o~-s c~loode City State Zip Code 4. Principal Business Address: i~ ~ '~'~ City State Zip Code 5. Home Phone: `~'~$ ~' S Business Phone: ~ ~ E-Mail Address: s Cell Phone: ~ Fax: N~ A 6. Date of Birth ~s-~ ~ 7. Are you a registered voter? If so, where are y u registered? y~s -~~tH.,--~. ~., ~ ~M 8. What Board(s) ace you interested in serving? Please list in order of preference: kd ~,..:~ ~. ~Yd 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~~~ 10. Educational qualifications: ~ _, _ 0 Gw ~. s acs 11. List any related professional certifications and licenses which you hold: ' c E ~~~C~,r s}.~~~ oar ~L. 12. Give your present, or most recent employer, and position: ~~C•arc w+>>a v-n Sc~a a1 ~3~ . Jwnc 7a ~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) s V •C C VK a ~~r~ ~'o acsicfi ~ c ~ Y s ~ e. -ice I here y 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. {tit` ~OIIZ~oL 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 s~bmitted. It will be the applicant's responsibility to ensure that a current application is on file. /Yf ~~/ ' f UPS ~ 6 Luw ~~1v ~~-D~`K ~ ~Y~ DEi.RAY BEACH . a ~/ ~~~ CITY OF DELRAY BEACH ~~~ ~~ ~ BOARD MEMBER APPLICATIO~~ _ ~ 2pp5 2001 1993 ~,~~~ ~sL~R~ PI~~P rzn,P nr mint the following information: 1. Last Name: ~ - -- -- Name ;~' ~~c~ M I. 2_ Home Address: 2 ~ City ~~-i~ Stat Zip Code 3 3. Legal Residence: tJ~ City State Zip Code 4. Principal Business Address: ,-. City State Zip Code S. Home Phone: Business Phone: FrMail Address- Cell Phone: - Fax: 6. Are you a registered voter? If so, where are you registered? ~ - s r 7. What Boazd(ts) are you int ested in ? 1 e list in order of reference: ~° i S- S- ~C.O- . 1~ OJI~ 8. List all City Boards on which you are currently serving of have previously served (Please include dates) y. Educational qualifications: ~~ 10. List any telated professional certi cations and licenses which you hold 11. Give pout present, or most re t e lover, and position: } - i2 12 Describe ~p ences, s edge,which qualifyy u to sets on this board (Pleas attach a brief tesume) 1 ~- ~ ' ~ 1~ ii C~~UI~ [~ ~~ ~~-f~l _ I here rtify that all the above statements are true, and I agree and understand that any misstatement of material facts conta~n this appli -on ma use forfeiture upon my part of any appointment I cnay receive. ;` 10 a o SI ,NA DATE e f . i - ~~ote: 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_ sulrYCS,exiaBOwernwe eucanort F-~t~-l_1'i'-_1111'x' 1_ ~ .511 DFLRAY BEACH ~~~ ~ 1993 200'! Pease tppe orprint the 1 _ L~sc Name: S NTp 5 2. Home AddreSS: 3. Legal R~sideace: H ~, {=1n.,tHt-~1c_; _. ~_,~ q a~_, i ~r,l ; ^-~ ~-tg^ P. r~~ rt.~ . ~ ~`' e ~ G,~IeIF ~../~i /l y R~ C1'~'"Y OF DELRAY BEACH ~ -~ 2001 ~~-'e~ BOARD MEMBER APPLtCATtON~Eg RkC GIT~ ALE in infotmanotL ~/~/D~j Name _ - M L / ~ ~ C't3' _ State Zip Code QEc-2A~/ $r ~- F~ a3Y4 S ~~ Sate Zip Code 4. Prinapal Business Address: Gt9 State Zip .Code S_ Home Phone: Business I~hone: E-Mail Address 6. Dare of Birth 7. Are you a tegistered voter? g ~ 5'~ ~S 8. What Boatd(s) zre you interested in serving? Please list iv order of Cell Phone: 5(p l Fax: 5-71 J ff~SC~ Ld •rls.cv.~ st Iv ~ ~ f SO, where PLC you rcgigLCIBd? ~glYn ~r,~ Ca -. preference: Ed ~o Pta~in;rt ~Z9n;n , Nt; hborh9od t >;~->LP PIQ~ ~-Qe~r~w `' List all Cry }3oar oII which you are eurcently serving or have previouslp served (Please inclv,de darrs~ N 10. Educat[onal yunlifsr~rinns; yu(:y1C10r ~f SCIgdICe /~u5i ~ S.5 l>F'(.l1~ir} 11. List any related profcsstonal ccra5earions and licenses which you hold 5er-cs 'r1 t t¢~ ~F~, Nea tffi ~- vas; ~IZ° ,4~~K,~~P .~ 12. Glue your present, or most recent employer, and Position: ~ -C-~ . ~,wa -'d5 ~' ~~ S t 7~ne ~+'~2_rZGiC~ t ~tWISu,! fan t 13, Describe cxpeucnecs, sidlls or knowledgz dhich qualify you to serve on chi.: board: (Pietist attach a brief resume) I hereby certify that ail nc~ about staccmcnra ate true, and I aQ ee and undetstaztd that arty missntemenc of material Eacty contained in this application may e~usc forfriruce upon trty part of any zppointmenc I map receive SIGNATURE llATE . _ Ibis applicanoa grill rertla,in on Hie in die City Clerk's Office for a period of 2 years from the elate it was submiacd_ It will be the applicant's responsihility to ensure chat a current application is on Elc_ rtt`ta i -_~J~_i i 1. • .=~~_~ H 1_i CllU1Ht~'L'=. P.x '_d_II {:_~ 1 ~.1=~1 ~"..-F ~~-4'1-( r'. l'1.-'. 49-{ February 7, 2007 Dear City Commissioner(s), 1t is my pleasure to seek membership into one of the following advisory boards: Education, Planning & Zoning, Neighborhood and Site Plan & Review. As a resident of Delray Beach for the past three years, I have decided to commit myself to the betterment of this great city in which I live. As a Begley Park resident, I know first hand the power of a city working together for its residents and hope to take part in future accomplishments. I have always been involved in communities where I live because I feel that it is crucial to take an active role aid believe in the improvement of such places. I know that I will be an integral part of any of the advisory boards for which I may be selected. Some of m past experiences of leadership include serving as President of the Student Advisory Board at Gulf Coast Community College in Panama City, Florida. In this position, I oversaw a group of 25 students in developing, coordinating & impiementuig activities for the college. Together, we fostered an environment for students to take active participation within our college. Not only did we promote student development and involvement, we served our community through volunteering. I am a participant in Leadership Delray and volunteer to assist the Education Foundation Committee in planning the Annual Education Foundation Auction. This is just an introduction to playing an active role in my community. I wish to further this by serving as a member of an advisory board. It takes initiators, such as me, to help organizations succeed which I plan to do for the City of Delray. 1 have served on various boards throughout my educational years and comprehend the importance ofdedication required of members. I now plan to include this aspect into my personal & professional li:Ce and ask that you consider me for a member of the Advisory Boards. Cordially, ~~ Ria Santos f CL.~~ 11 -' ~ u 1 1 1_ • J~ 1 t'7 ~ ~ Cl'.•.11-Ir.l•.J c_. iVl 1..7 1 _+pl 1 i-/ 1 -~ ~ 1 r ~ .-1. ~ .y Ria Santos 4636 Danson Way Delray Beach, FL 33445 Tel: 561.516.0788 WORK EXPERIENCE A.G. Edwazds & Sons, Inc Boynton Beach, FL Registered Fi~tnncia[ Associate Finaticia[ Cor:sz~[ta~Tt Email: ria.santosQa~edwards.com November '03 -Present Assist individuals in developing retirement/investment strategies ~- Work with businesses in implementing Retirement Plans r Assess clients' investment needs and goals ~- Conduct educational workshops Service clients' specific issues relating to their portfolio Aeon Corporation August'02 - September'03 Nagano, Japan Foreign English 7'encleer r Teach conversational English to students, business professionals and housewives ~ Prepared/developed lessons unique to various levels r Worked with Japanese Teachers to develop curriculum ~ Helped students progress with the English language ACHIEVEMENTS £~ ORGANIZATIONS ~ Cum Laude ~ Delray Beach Chamber of Commerce {b Student Leader of the Year ~ President -Student Activities Board ~ Senior Class President Phi Theta Kappa ~ Volunteer UCF ~ Rotary International, Delray Sururise -~ Leadership Delray participant ~6 Habitat For Humanity {$ Women For Excellence ~ Catholic Counsel of Women 9i Florida Women's Business Center Advisory Board TOTHL P.~~-t DELRAY BEACH o ~ o 1993 2001 CITY OF DELRAY BEACH 2001 BOARD MEMBER APPLICATIO,N~ ~ ~° Please or rint the followin information: 1. Last Name: s~Kl~.~ Name , s~~~~ M. I. 2. Home Address: ity State Zip Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: ~ 7,1- ~ S SCI Business Phone: E-Mail Address: SSC~~ ~r~:.c~. ~ rr1SY1 Cell Phone: 31:2- 5~5 - (~ ~I(a Fax: 6. Date of Birth --;~ ~ -5Z 7. Are you a registered voter? If so, where are you registered? y ~ S ~~L~~~ ~c.~~ l ~~ 8. What Board(s) are you interested in serving? Please list in order of preference: ~DUc4T~ c (v 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) 1= ~! C ~ ~ 1 l'~ I~ 10. Educational qualifications: a -s~t~- 11. List any"related professional certifications and licenses which you hold 12. Give your present, or most recent employer, and position: I~SSOC I ~~ ~ t ~~c~C~ , I~EZ r~4 Y a~`iC-H ~ I~'-T`~, (Iti~G 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) S~~c= ..~ L ~1~ . 7~E~ P ~. ,i36 r9~ -- ~QFff~~IG~ Tt rfi~ S %~f~="7~'~ ~~ZJ /77~ ~/1)/ti~~ ~ E;rc/:~ ~~)L~l ~cJi~~ ~'6~~1 ~I'I r rT~~ ('~fr4j~ - U~.: /`f ~%~~S S~..e~~ ~ {c~J cJ~S I hereby certify that all th above statements are true, and I agree and understand that any misstatement of material facts contained= this aplplicatio~,~,may cause forfeiture upon my part of any appointment I may receive. 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. raPR-2 1 -29~~5 1 ~ . `?° AM _TnHFJ. ~ I E: I CH 1 o39"_i°3322- P. GJ4 i:~13tt,_c:1~r~'t' iN"CE:RF_STti "I'I.f'S SUSAN SIKICH T,~ ~e~ure emplvy,nent to utilize m}~ eaperiencc and t.:~lents and cc~ gain new acills acrd c~pericncc l~?97-~i)(,ul Palli113eilllt CUUrlty SChUU] DIStf'ICC Palm Bcach, FI. Srrh~titrrZ~ Tv~a6hc~r 1988-199f~ l:insnrmill Spurts Club ~~i-illiamsbur,;, VA =}~rnfil~',r ~tn~l .]"'itrr~.,rr Ix,rtrztc7•or' 1~?74-1988 ;1•irl:ook Parks and Recreation iti•I,'Coc~k, Il, I~ir~ationczl 1p~cz~~li~t~..`.Iz~~fiii; a~td Fslne.rr Irtitrrrctor 197{1-19'~ Lllinois Srlte Uni.~ecsity N,irm.il, IL B..~., Special 1?duracic:m 1;Hard of .L~irrr.trrs- C-,>ralina F•Iomenwners As•ociaticm, Recreation L~r>ard .utd Security 1:~oard- Kirl~mill I-Iorner~~~ners A±sociadorl, volunceer- various schc~~ls. Gumb~~ Limbo Nature renter, I~clr~tc Beach Charnbcr [)t f.~•01Ntle,ff: enjoy hain[in~, ycaga, i1111n111~T Hume 5G1-.;'-055{ Cell 31.-5<15-G81U 23.,E ,•A .~f>, s-r,~,_rr ,~r, l• r_rrti". s•r "~rt~ c,x ~r;o^irlrr la3as.~-s,c PNUi~C rraa~ ast. ?uvo f: .aX (123; •??R 765-, F-M.1fL T.f FCCy a1 'i CC7MPAr~I•. ~-~~"_bf APP_-31-2cir_n5 16.=° HP1 rnHN_ SI-:IrH 103~+2??32^2 P_ 53 i have always felt Strongly about the importance of communing involvement whether though volunreensrn or service. Frorn pass work turd volunteer experiences, t have teamed the itnportttnce of effective communication both in listening to the concerns of others and in the dissemination of information back 1. enjoy being involved find workurg with people. I feel I have some skills and knowledge to contribute ro the Clty of DelrAV Beach, i thoroughly enjoy living here and want everyone to feel the s~3me, ~-~ DELItAY BEAGH e , o ~ ~~~ ~+~ ~~~" CITY OF DELRAY BEAG~~ 4 ~ ~~~~ BOARD MEMBER APPLICAT~~~ ~ ~=Y ioo~ ~" 4 ~~?~~ Please a or Tint the followin information: 1. Last Nam : Name M• I 2. Home Address: ~-~ S" ~ . w . ~`~'~'~ d r ~ I u`v City fa` State ~- . Zip Code 33 ~s 3. Legal Residence: ~ . Y - 2. ~ d r ~ 1 Ug City ~. State ~ ~ Zip Code 33-~ SJ 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? Imo, where are you registered? i \F 7. What Board(s) are you interest din serving? Please list in order of preference: 8. List all City Boards on which you are currently serving or have previously served: (Please include dates 9. Educational qualifications: _ ,~ ~~.. ~.~ - S r • ~ -- ~ CL 1 D Yl 10. List an relate professional certifications and licenses •ch you hold: r G~. 1 ~ I r1 _ 11. Give your present, or most recent employer, and osition: tk(1 ~• ~~ 1 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) . ~ ~ -{-s ~ ~- -~- r cS n OF s 1 S ere certify that all the above statem nts are true, and I agree nd understand that any mis tement of material facts c ntaine in this application may c forfeiture upon my part of any appointment I may receive. 1- ~ - ~ C~ SIGNATUR 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. e~rrrvrr cov~on. n ro . nn. .r. T.n+. Resume' Perry G. Stokes 2845 South West 22°d Avenue # 108 Delray Beach, F133445 (561) 243-4856 (Home) (561) 634 -0556 (Cell) EDUCATION: Lynn University - 1998 B.S. Degree Elementary Education (Grades 1-6); Palm Beach Community College - A.S. Degree Music Education; Boca Raton High School - 1973 Graduate. PROFESSIONAL EXPERIENCE: 1998- Present: Carver Middle School -Social Studies Teacher 6th Grade 1986 - 1998: Loggers Run Middle School Permanent Substitute 1984- 1985: Choral Director, Drama Coach 1980 - 1983: Carver Middle School Permanent Substitute 1979: Music Instructor S.D. Spady Elementary PROFESSIONAL TRAINING: HONORS AND AWARDS: School 1976: Instructional Assistant 3`d & 4a' Grades S. D. Spady Elementary Conflict Resolution: Training and Implementation of Victims, aggressors and by-standers program. Sallie Mae First Class Teacher Award - 2000 Nominee Disney Teacher of The Year 2000 & 2001 Nominee African American Achiever Award 2003 Who's Who Among America's Teachers 2004-2005 Nominee Burdines/Macy's Teachers of The Year 2005 Nominee Social Studies Teacher of The Year 2005 Zora Neale Hurston Literary and Artistic Achievement Award 1991 Alpha Sigma Lambda/Theta Beta Honor Society 1998 Academic Honors Lynn University 1997-1998 Roots Cultural Festival, Inc. Champion For Children Award in Education 2005 Roots Cultural Theatrical Arts Award 1985 PROFESSIONAL SPONSORSHIPS: FFEA Club (Future Teachers Of America) Drama Club Warren Foundation "Success For Life Club" Teens Against Violence Mentor Program Stokes' Stars (Classroom) Class Affirmation: "In order to be a good student I must Love, respect, and nurture myself because my preparation today determines my success for tomorrow." ----___~_ % ~ ~1~~ r... UEtNAY BtA(:t1 C~ ~t ~~ ~ ~ 2006 ~ ~ CITY OF DELRAY BEACH ~ A ~ ® BOARD MEMBER APPLICAT~ ~ , ~~ ~ 993 200 Please type or print the followia~ information: 1 _ Last Name: -j-O BI AS Name S A Nb,Q.,f }- M. I. - 2. Home Address: ~ r~~ `l ~ rio C OCG~ PLU ~ l.~A City ~.~ <i2~ ~ ~i9C t/ State F~ Zigg Code 3 3~ S~" 3. I,egdl Residence: ~ NA- City - State -- Zip Code 4. Prindpal Business Address: De.1= a,1 ~c ~~.P ~~ "tae . ro N 1 City ~ C~o~~"o n.. State ~ L Zip Code ~3 S_ Home Phone: ~~ ~- ~ 3¢30 6d Business Phone: ~~~- s r3.8a09 )Mail Address. +c 6o ids a,c (~,N Cell Phone: 6 / 5~3~ Sao Fax: 3s/,Stl 0 6_ Are you a teg~stered voter? ~ ES If so, where are you registered? ~g C ` F L 7. What Board(s) are you interested in serving? Please list in o=des of preference: ~ Du~ T/jJ ~,~ 8. List aD City Boards on which you are cuaently serving or have previously served: (Please inclade dates)NO/1/~ 9. Educational qualifications: ~ n 10. - any elated pro sional cectibca ~ ns and licenses which y u oicL• - Y ~ - ~ O~ lz_ ive our res or st e ploye posi c e, - ~ r'a L 12. Desmbe experiences, slalIs or k~owIedge which qualify you to serve on this board I e atta a brief re e) s , - S S I hereby cereify that all the above statements are true, and I agree and understand that any misstatement of material facts con - ,ed in 1this app ~ ~ n may ea forfeiture upon my part of any appointment I may receive. QM.6Lce-., ~ S7 NATZJRE D 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. SCITYCLFJ1KVfOARDV ~PPLICAllof. Jan 12 06 11:38a Sandy Tobias 5618659555 p.2 4464 Cocoptum Way Delray Beach, FL 33445 H: 561.637.3060 C: 561.573.8209 Email: tobo1234@aol.com Sandra Tobias OBJECTIVE Seeking a position as a member of the Board of Education TEACHING EXPERIENCE Queensborough Community College, CONY, Bayside, NY Professor Emerita September 1995 to Present Professor September 1984 to June 1995 Associate Professor September 1983 to June 1984 Assistant Professor September 1973 to June 1983 Instructor September 1970 to June 1973 • Teacher of Expository Writing • Member College Committees: Library, Gallery, Performing Arts • Member Departmental Committees: Curriculum, English as a Second Language • Co-Developer and Writer of grant-funded project proposals for Department of basic Educational Skills • Co-Developer and Writer of grant-funded project proposals for Queensborough Community College • Creator and Administrator of a Computer Language Learning Lab for non- native speakers of English • Co-Author four college level texts aimed at improving reading and writing skills of entry-level, non-native college students, published by MacMillan and Co., lnc.: Discovering American English.- Reading,- Discovering American English: Writing; Exploring American English: Reading; Exploring American English- Writing • Co-Author nine manuals for use in the College Computer-Based Language Learning Lab Bayside High School, Bayside, NY Teacher of English September 1966 to February 1, 1969 OTHER The De-Falco Real Estate Group, Boca Raton, FL Sales Associate November 2003 to Present With partners, over $15,000,000 in real estate sales in 2005 The Hamlet Country Club, Delray Beach, FL Secretary, HRA January 2004 to January 2005 Member country club and homeowner association committees from 1999 to the present: Membership, Long Range Planning, Fitness, Architectural Review The Baldwin League of Independent Schools, NY, NY Trustee January 1987 -November 1989 250 Tenants' Corporation, 250 West 94 Street, NY, NY President January 1984 -December 1984 PS 166 West 89 Street, NY, NY Volunteer Grant Writer September 1977 to June 1979 EDUCATION St John's University, New York, NY Ph.D. English Literature, 1982 ' zj-b~v~ i_ .,l DELRAY BEACH NI-A111C~q~f 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Dle....e ...,«.e ..« «.«:.,r rhA Fnlln...inn in~nrmatinn• FFp 1 5 201 CITY CLERK ~/~~~a9 1. Last Name: ~ ~ > ~ ! ~ Name ~~~G~, 2- ~7 M. I~ 2. Home Address: 6 ~ oo d ~~2es~ R City 7 ,~~ ~' e ~~ State ~~ Zip Code 33 3. Legal Residence: /~"~ a Ul' - - S~/'J?~ City State Zip Code 4. Principal Business Address: S~'~~- City State Zip Code 5. Home Phone: s~~-~~5-~59~ Business Phone: ~S/~-M °L- E-Mail Address: ~Z-2h6~a~,a~ia. Cell Phone: lo.s~ 1~'S!`f 9 Fax: 6. Date of firth 7. Are you a registered voter? If so, where are you registered? 8. What Board(s) are you interested in serving? Pease list in order of preference: 'C~ivC r o ~., U %.Sv2 o fit/ 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~d ~ 10. Educational qualifications: ~Q ~, J, e~ ~,./ M `ry ~ SCR ~ ~o,~ lyj ~w j ~~'C ~ 1i dd l S ~j~' Y~Q~' l 1. List any related professional certifications and licenses which~~ mold: C~ ~~~ / ~~~~ ~2 i e~_ l ~.oI~-2-G~~2 . C~ ' 12. Give your present, or most recent employer, and position: `, ~ ~,~ ~ ~"~~~~2 --E~- 1 ~ cd,~ s~~n 13. Describe experi/,e~nces, skills or kno)wled e whichAqualif,ypy~ou to severve on~thi~s~bc~rd: (Please attach_ a_ bri~ef•resume) "`'r ` ' " " C U ° C .e J C ~ "~ ~CJ~--~ " ~-L V L SI ( ~-' ~ i° , 1 ~ K~j ~ ~ C (i, O J ~S V ~ ~ ~ ~ ry, yA {/- ~J ~ ~ ~ l' e ~ ,/7 / ~ gy p ~R~-~-/'e V" G~4 ~~ CJ'~GL !~~ ~ ~/ ~. ~~'I~, ~O ~C~~ l~ ~/oC Oc ~ ~w Wl.C/`-~ ~ - rte, %z~~ ~a ~,ed- ° - ~r ~-~ s - L J`U~ ~~ ~- ~e2 C - Gaol Le-~q-.a ~ic~ `e C E~ ~n~ ~ ~e ~-~ I hereby certify that all e 5t~tem are true, and I agree and understand that any misstatement of material facts contain i his pp ~ a ~ ay caus forfeiture upon my part of any appointment I may receive. SIGN RE 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. Kenneth A. Zeno 4850 Sherwood Forest Drive Delray Beach, FL 33445 Kzeno~adelphia.net 56i-865-4593 EMPLOYMENT: Director, Center for Health and Human Development 1996-current A Consulting Company focusing on Program Development and Training /Events Planning and workshops Delray Beach, FL Family and Life Coach, Duncan Center 2005-current Delray Beach, FL Private Individual and Group Family and Life Coaching Director, Institute for Body, Mind and Spirituality 2001-2005 Continuing and Professional Education Lesley University, Graduate School of Arts & Social Sciences Cambridge, Massachusetts Responsibilities: Designed, developed, managed, marketed Professional & Community Education conferences, special events and training programs; WrotelSecured Grant Funds and private donor support; developed and managed budget; Recruited faculty and negotiated contracts with instructors; Supervised work-study students, student/adult volunteers, advised student interns; Supervised staff Director, Continuing Professional Education 1999-2001 New England School of Acupuncture, Watertown, MA Director, Health Education & Human Services, Malden Public Schools, Malden, Massachusetts 19941999 (Wellness K-12 Programs, Sexuality and Violence Prevention Education) Senior Instructor, Cambridge College Graduate School 19942002 Health Promotion/Wellness, Cambridge, Massachusetts (8 years) Health Coordinator/Health Teacher G5-10/, High School 1986-1992 Grant Coordinator, Comprehensive Health Education K-12 (6 years) Needham Public Schools, Needham, Massachusetts Director, K-12 Health Program Specialist 1984-1986 Concord Public Schools/Concord-Carlisle Regional School District Concord, Massachusetts Sales & Management Trainer, New England Region 1980-83 Stow Mills Natural Foods Corporation, Brattleboro, VT. EDUCATION: University of New Mexico Ph.D. Courses (Health Promotion) 1992 University of Chicago Ph.D. Candidate(Training and Dev.) 1974-76 Boston University M.A. African-American Studies Antioch University M.A.T. (Education: Social Sciences) Brandeis University B.A. (Political Science) CERTIFICATIONS/CERTIFICATES • The Coaches Training Institute (Core Curriculum), California 2001-2002 • Health Education, Supervisor/Director, Massachusetts LIC#0079620 • Family Mediator, Florida Supreme Court Certification (10918F) 1.998-current • Advanced School Mediation, University of New Mexico 1997 CERTIFIED EDUCATIONAL TRAINER: 1. Sexuality Education, Education Development Center, Newton Massachusetts 2. "Second Step", Violence Prevention Curriculum (Grades K-9) 3. "Victims, Aggressors, and Bystanders" (Violence Prevention Curriculum), Education Development Center 4. Cooperative Learning, (David & Roger Johnson, also Kagan Approach) PRESENTATIONS: "Parents-as-Coaches" TM, MA Dept. of Education, Staff, Even Start Program, Watertown, MA site and Waltham, MA site (2003, 2004) "The Second-Step Approach To Solving Student Conflict", Shore Collaborative (eight school districts), Somerville, Massachusetts, May 27, 1998 "Developing Teen Dating Violence Prevention Support Material, School-Community Involvement ", Middlesex County District Attorney's Conference, March 12, 1997 "What Is Comprehensive Health Education: Partnerships in Health Promotion", Harvard University Graduate School of Education, Center for School Counseling, Cambridge, Massachusetts, March 1994 GRANT WRITING: Funded Grants "Evidence-BasedBest Practices in Alternative/Complementary Modalities in Healthcare", Conference Grant, Whiteside Charitable Trust ($20,500), 2004, Lesley University, Institute for Body, Mind and Spirituality "Caring for The Whole Person on the Cancer Journey", Conference Grant, Whiteside Charitable Trust ($20,000), 2003 "The Arts and Healing in Healthcare Settings" Conference Grant Whiteside Charitable Trust ($ii,9oo) 2003 "Cultivating The Healer Within: ABody-Mind-Spirit Approach to Healthcare", Whiteside Charitable Trust ($20,000); 2002 "MA Comprehensive Health Education & Federal Drug Free Schools Grants", Malden Public Schools, MA Department of Education ($170,000) Written & Renewed Annually 1995-2000 "Family Involvement In Comprehensive Health Education", MA Department of Education, Health Framework Coordinator, RFP (Wrote Request for Proposals Documents for DOE), (FY94: $100,000) and May 1994 (FY95: $200,000) LEADERSHIP POSITIONS: Living Values Education Program (LVEP) Board of Directors 2005-2008 Director/Chairperson: Malden Public Schools • Comprehensive Health (K-12) Assessment Team • Health Frameworks Advisory Team, Mass DOE • Health Framework/Curriculum Standards Health Team Grants Administrator/Supervisor: Lesley University: 2002-present 1. Whiteside Grants ($72,000) 3. Moir Family Trust ($25,000) 2. Sonnabend Grant ($10,000) 4. Titus Grant ($10,000) Grant RFP "FAMILY INVOLVEMENT" , Writer/Manager, 1993-1994 Family Involvement in Comprehensive Health Education Massachusetts Department of Education, Malden MA MAJOR PROFESSIONAL ACCOMPLISHMENTS KEN ZENO (BRIEF SUMMARY) 1. PROGRAM DESIGN, DEVELOPMENT AND IMPLEMENTATION • Facilitated innovative program development and implementation in multiple school districts in Massachusetts (Concord, Needham, Malden Public Schools) Provided cutting-edge instructional strategies program offerings for the MA Department of Education, Concord, Needham and Malden Public Schools, most contemporary practitioner treatment approaches for the New England School of Acupuncture and innovative program offerings for Lesley University Institute for Body, Mind and Spirituality • Research and Identifying "best practices," 2. INSTRUCTIONAL DESIGN AND ASSESSMENT • Collaborated in the development of instructional curriculum for pilot testing for national distribution at Education Development Center • Facilitated development of K-12 comprehensive health education curriculum, alignment with the MA State Health Frameworks and an assessment methodology for the Malden Public Schools 3. TRAINING AND DEVELOPMENT • Developed professional staff training programs for the Concord, Needham, Malden Public Schools and five (5) other school districts focusing on learning strategies and comprehensive health education 4. MARKETING AND SALES • Developed multi-level marketing strategy for program/events promotion at university level, proprietary professional school and within K-12 school districts Acquired 100 new accounts within 3 months as Director of Sales and Marketing for the largest Natural Foods Corporation (B & C/Whole Foods) in the country • Provided Management training for staff working for companies with self- contained natural foods sections in supermarkets (Stop and Shop) and department stores (Bradlees) for a large New England Wholesale corporation (Stow Mills Corporation) 5. GRANT WRITING • Secured multiple grants at university level totaling $ 100,000 for conferences/events and RFP Grants at MA Department of Education totaling $200,000 • Acquired several grants for multiple schools districts in Massachusetts • Acquired grants for health Planning organization in Chicago 6. FUND RAISING/PRIVATE DONOR CONTRIBUTIONS • Secured several pledges for donations and a $25,000 pledge at the NE School of Acupuncture and a $25,000 pledge at Lesley University for the institutes first publication by an internationally known author 7. PARTNERSHIPS AND COLLABORATIVE SPONSORSHIPS • Crafted several partnerships/co-sponsorships with hospitals in New England (MGH, Dana Farber) while at Lesley University • Established partnerships with health, hospital, human services and civic agencies while in Concord, Needham and Malden Public schools S. EVENTS/CONFERENCE PLANNING Planned, implemented and managed numerous successful events, conferences and workshops in a variety of settings 9. LEADERSHIP SKILLS AND TEAM BUILDING • Facilitated team building at state department, school district and university levels 10. ENTREPRENEURIAL EXPERIENCE President of successful Natural Whole Foods Market for 13 years Piccadilly Square, Newton Centre, Massachusetts MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~„ DATE: JULY 20, 2007 SUBJECT: AGENDA ITEM # `"I.~,-REGULAR MEETING OF JULY 24.2007 APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Public Art Advisory Board. BACKGROUND The terms for Mr. Roger Hurlburt, Ms. Carolyn Pendelton-Parker, Mr. Kevin Rouse, and Ms. Patricia Truscello will expire on August 2, 2007. Ms. Pendelton-Parker, Mr. Rouse, and Ms. Truscello will have served one (1) full term are eligible and would like to be considered for reappointment. Mr. Hurlburt will have served one (1) full term and would not like to be considered for reappointment. This will create a vacancy for a regular member to serve a two (2) year term ending August 2, 2009. On February 1, 2005, The Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the Ciry Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City right-of--way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. 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 axe registered. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), and Commissioner Montague (Seat #4) for four (4) regular members to serve two (2) year terms ending August 2, 2009. RECOMMENDATION Recommend appointment of four (4) regular members to the Public Art Advisory Board for two year terms ending August 2, 2009. PUBLIC ART ADVISORY BOARD EXHIBIT ~~A" Applicant Robert Currie Marilynn Gladstone Gerald Franciosa Jayne King Jan Kucera-Winney Carolyn Pendelton-Parker Jerry Rabinowitz Kevin Rouse Chris Stray Kera Trowbridge Patricia Truscello Occupation Architect Retired Executive Director Retired-Law Enforcement (also applying for the Education Board) Retired-Educator Real Estate/Business President/Service Manager Landscape Architect Incumbent Photographer Artist/Business Owner Incumbent Landscape Architecture & Design/Interior Design Interviewer/Panelist Public Relations Specialist/Photographer/Landscape Architecture degree Incumbent PUBLIC ART ADVISORY BOARD 07/06 TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/02/08 Vincent Dole Finance Office: Appt 08/02/05 245 NE 8`~' Avenue Home: 274-7172 Reappt 07/11/06 Delray Beach, FL 33483 Fax: elod3 ahoo.com 08/02/07 Roger Hurlburt Art History Office: 251-9860 Appt 08/16/05 230 Vista Del Max Drive Professor Home 278-0265 Delray Beach, FL 33483 Cell: 251-9860 rhurlburt2 bellsouth.net 08/02/08 Sharon Koskoff Artist Office: 276-9925 Appt 08/02/05 325 SW 29~' Avenue Home: 276-9925 Reappt07/11/OG Delray Beach, FL 33445 Fax: 276-9925 Cell: 699-7899 B Sharon comcast.net 08/02/07 Carolyn Pendelton-Parker Landscape Office: 655-9006 Appt 08/02/05 510 Gardenia Terrace Architect Home: 274-4081 Delray Beach, FL 33444 Fax: 655-9007 cm ri c aol.com 08/02/07 Kevin Rouse Artist/Business Office: 274-0007 Appt 08/02/05 1002 Lake Shore Drive Owner Home: 279-0383 Dekay Beach, FL 33444 Fax: Cell: 789-5104 kevroart aol.com 08/02/08 Mary Smith Test Office: 276-4414 Appt 08/16/05 245 NE 17`h Street Administrator Home: 272-0002 Reappt07/11/OG Dekay Beach, FL 33444 Cell: 201-2700 seemeforart aol.com 08/02/07 Patricia Truscello Public Relations Office: 355-4353 Appt 08/02/05 g29 North Lake Avenue Specialist Home: 279-0548 Delray Beach, FL 33483 Fax: truscello hotmail.com Contact: Venice Cobb X 7056 S/City Clerk/Board OG/Public Art Advisory Board Commission Liaison: Brenda Montague DELRAY BEACH ~-0'07 ~`'""'°''" CITY OF DELRAY BEACH 1 BOARD MEMBER APPLICATION RECEIVE 1993 2"0' J U L 1 1 2005 Please type or print the following information: 1. Last Name: CURRIE Name ROBERT 1• G. 2. Home Address: 72 S. OCEAN BLVD. #4 City DELRAY BEACH State FL Zip Code 33483 3. Lega Resl ence: 72 S. OCEAN BLVD. #4 City DELRAY BEACH State FL Zip Code 33483 .4. Principal-Business Address: 134 N. E. 1ST AVENUE City DELRAY BEACH State FL Zip o e 33444 5. Home Phone: Business Phone: 789-6638 276-4951 E-mail Address: RGCP CURRIEARC.C4M Cell Phone: 789-6638 Fax; 243-8184 6. Are you a registered voter? If so, where are you registered? YES PALM BEACH COUNTY 7. What Board(s) are you interested in Serving? Please list in Order Of Preference: PUBLIC ART ADVISORY BOARD 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) SEE ATTACHED RESUME 9. E ucationa qua ifications: Master in Architecture/1965/Harvard University Bachelor of Architecture/1962/University of Minnesota i0. List any related professional certifications and licenses which you hold: Architectural License 11. Give your present, or most recent employer, and position: Currie Sowards Aguila Architects -PRESIDENT 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) Artist, 7 ears of design education, 50 design awards, AIA Florida Firm of the Year 2000, Palm Beach Chapter of AIA Award of Honor for Contribution to Architectural Design in 1990 and the Gold Medal Award in 2002 I hereb certify that all the above statement are true, and I agree, and understand that any misstatement of material facts contain d.in this application may cause forfeiture upon my part of any appointment I m y receive. 7 g o5 SIGN TURF DA tote: 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. ~m ¢~/~ CURRIE SOWARDS AGUILA ARCI~IITECTS Robert G. Currie, AIA Jess M. Sowards, AIA ~ Jose tY. Aguila, AIA ROBERT G. CURRIE, AIA Senior Designer YEARS EXPERIENCE Robert G. Currie is the founding principal of the • Since 1969 architectural firm CURRIE SOWARDS AGUILA REGISTRATION ARCYIITECTS located since its 1969 inception in Delray • Architect: cert. Beach, Florida. 1-Ie received a Master in Architecture FL#4964 • NCARB, ~ellass from I~Iarvard University, Graduate School of Design in 1965 and a Bachelor of Architecture from the EDUCATION University of Minnesota in 1962. Mr. Currie is certified • Bachelor of Architecture,l9s~ as an architectural professional by 1`ICARB and has University of Minnesota been registered in the states of Florida, Connecticut, • Master in [llinois, Massachusetts, Maine, 1`Iew I-Iam shire, Rhode P Architecture, 1966 Harvard University Island, South Carolina and Virginia. Graduate School of Design Over the course of his professional career, Mr. Currie PROFESSIONAL has planned and designed virtually every project type, AFFILIATIONS • American Institute including municipal, public assembly, residential, of Architects commercial office, hospitality and historical • Florida Association of AIA - restoration facilities, in both the United States and Perim Beach°r abroad. I-Iis knowledge of international design and chapter °f FAIR - construction was developed through projects in the Past President Design Awards Middle East, Australia, Central America, China and the Committee - Chairman United Kingdom. In addition, he taught at the University of Sydney (Australia), the University of Miami COMMUNITY SERVICE (Florida) and Florida Atlantic University. & ORGANIZATIONS • Federal Reserve Bank Adris°>ry With almost fifty design awards to his credit Currie Mr Board -Southeast Region -Atlanta , . is the firm's principal designer and responsible for • Delray Beach Public Library ro ectS throw h the desi n develo ment hase. In P j g g P P Board Member 1990 he received the American Institute of Architects • Pineapple Grove Main Street , Palm Beach ChapterAward of 1Yonor for Design for Board Member iV Design Chair his contributions to architectural design. The firm was city of De[ray honored by the Florida Association of AIA as the Firm Beach Panning and Zoning Board o f the Year 2000. In I`Iovember 2002, Mr. Currie Past Chair • City of Delray received the prestigious Gold Meda[ Award from the n e Soa a pc a er Palm Beach Chapter of the AIA in recognition of his e r r Past Chair contributions to the architectural profession. FORMERLY ROBERT G. CURRIE PARTI`{ERSt11P, 11'iC. •AIA FLORIDA FIRM OF THE YEAR 2000 134 fYortheast First Avenue Delray Beach, Florida 33444 • 561-276-4951 Fax: 561-243-8184 AA0002271 www.curriearc.com DH.RAY BFACH ap,a~cac~y 1993 200, CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Ylease a or rtnt the tollowm intormaaon: 1. Last Name: GL~~S~ ^' C Name l~r. 1 L~l ti rJ ~ . 2. Home Address: 3 a- (, p J4 L: H T ~, ~ , L_ City 'p C` lea~J j3 CYO-~1-~ State ~--~ Zip Code 3 ~ Y ~3 3. Legal Residence: ,. City State Zip Code ~ 4. Principal Business Address: City State Zip Code S. Home Phone: ~l-a y- 6~-1os Business Phone: FrMail Address: he#~ Vh ~.~ C~~ o~K Cell Phone: eta ~.~ - ~s~ o Fax: ~ ~ ~~~t-~, 33 6. Are you a re tered voter? If so, where are you re ~ tered? Y~L /~ ~- 7. What Board(s)-are you interested in serving? Please list in order of reference: pv ~t c.. ~T L'~ v~ d rQ 13 a r4r~ D 8. list all City Boards on which you are currently serving or have pteviously served (Please include dates) 9. Educational qualifications: rJ 114 / tN !v E~ t ~ i ~~5~ ~-~b ~JR'~ 12 ~SOVSCc s ~-(!4~ lc~,a- 6 6 1/'L Ls~h% ~ 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position. IQ £'t"~ K~O - W ~' E G . 'D t /2 t C.-ro,~ 1 b wD £. ~=0 !~2 0 K F 1'f ! J4 rc 1 ' 12 Describe esperiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) h ~ >? vs? f-t ~ k a E ~ a F le.T ~ ~ v ~ ~ c_ p ` ~- c. ~s h , !~ , rL ' G Y ~- `'-S ~l k/ T v S? ( Cc. x S ~-I o ~ -r w O .V E W p p ~ ~ ~5 ~ ~v [..~ ~ S ,.-4 . E K ~ ~ (o {4'i7L JZ O v C 17 G- ~7 1 -' ~ V >/ ST6 ~ I hereby certify mat all the above statements are true, and I agree and understand that any nvsstatement of material Facts contained in this application map cause forfeiture upon my part of any appointment I may receive. r ~~Ci~Z~~~~!/~- - ~ ~~/ds~~ ~7 ~~~ d "'NATURE ---' D ` ~~~r~f~~~~P~ ~J-~7~~ ~ ~~~~~ Ally 5ooz L ~ ~ n r Note: This application will remain on file in the City Clerk's Office for a period of 2 years fitom the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S1C[lyCLERK~gOARp~ppp{.tcA'IiON rrl ~i•i i l~r.--~Hi i rH.'•. I ii_i. ,r~l~nra ~ i -tn _~~-l1 . V. ~ ._~ ~i ~ ~ ~_~r,. -i.:~rr~ r_ UELRAY BEACH r. ~ ,~ at'•a~~clty ~ ~ CITY OF DELRAY BEACH ~~~'~~~ ~~, BOARD MEMBER APPLiCATtO~L ~ ~ 2007 1993 2001 ~~ U~~~. ~L~~ _1'lca.se type or print tl.7e ti)llowing uiforLnatio,.z: 7IG/UPI + . 1_ast N amp: Q-- f / ~'~ / C~t~ . Name ~ ~C-r C ~'~ - r M ~ l"`-' 2. I~oln~ Addre_ss: ~ .~ -, ~~~~---~ ~~ _ ~ I_•it ~!Q ' ~ State > - Y ~ G - L,i„~1 ~,~ - c ~ 3. Legg] Fetiicience: / Cit~> State Lip Codes 4. ~L711C1Pd1 B11SI~zess .A1~1dY2SS: C~11~' State Zlp C~odC S. Home/Phone: ,/.~G ~~d ~ Business 1'Ilone: I~7ai1(Addr~ss: Cr11 Phone: / ?~ ram; : ~~i . C-~ ~~~ 'O~' ~ ~- C~ r ~ ' ~ . "r ? J G/ ~ ,6 T.,3j . .J~• / C. Ua c itf , iirdl r. .Are ~-on a Lc~~istered ~ratc Z? If sc> lchere are yc>u >:cGistel:edr i ' / / /~ R. ~ti'hat $oard(.l are you ulr .e~ted ul sere-i7~s? Please IisT ltl Order of prrtrrcacc: ). List all (1ty Boards ~>n elrhieh yew arr. currellr.ly srrvuip or lla~~c e~riou,ly served: (Please inchlde dates) -~ „~ ~` 1~. Educational cluali,(ications:~~-~ ~.r 11. List any related professictt,al certifications and licenses which you hold: L'. Gig%e your pt-cse.nt, or nx+it. recent empl.oycr, and position: ,/ l l.-C~/G~G' /~ 13. Dc 3clibe espene?ICes, skilLc Or kno~vledt,c u>hich ua. ou to sez,>c oll tliiv board: (I?lease attach a Urief resume) 4 ~y ~r,q ~( ~`.C-- -C -rCJ T lil' CC~ii. E'.~ Cf=Lt1fC that all the <7 ~JnVr StltemCll Cs arl: tillf:, alld I ~k2(=P 3lld 11I1dF:t; ~iIII~I tL4Zt ~i11~ IIll$52.12PiI1C,lis Cat lll;~tl'I,iLI f.1CT5 3I1C: 111 thlc it ~~?I7 C.: a.L1('i11 Inty C.tll~e f~>YfelCllrC' t1Pc,11 Tuy part of a n ~. ~ l o t . j p II1Cnt I313~' rI:CP.I \'C, ~ ~: Y / Note: I"hts apPli~jcaTtinil ~viLll reLmain c,n the in the t.it3L' ~:_IC'fl~~$ ~fF ~ {qi ~i ~CI1VC~ i~f ~ 5-C3i~ [LVI11 1,}I.~: i~dLC it ~V~l~ Sllht'T11ttCd- It ~Ir)~ De tilC 3~1P~IC dRt~~ LC51)OIl ti, Ulhly' tV (.IIgUIe that 1 CUtLCL1Y 3P1llIC~tL1CiR iS <+il tili:. FF.O!•! C;Eft-~Hf ! FH,4: ! In. 5h1?hh~,-lh J~_~ 1. ~i~ _r~n, nh: -3-~Fr! P I have lived in Delray Beach for. the past eight years, and I am more than ready co offer tn_y tirne to enhance our beautititl city- Since retiring in 1998, I have been actively i~ivolved with art and art related projects specifically encompassing public art and the surrounding environment both in Broward a.nd Palm $c,ach Counties. ( truly believe that public art must relate to its immediate surroundings with an emphasis of creating a visual feeling of being witlun the art itself The more serene the setting the better since public a.rt displays tn.ust create that illusion that has a trangttillir_.i.ng affect upon your body and mind. Sort of like the Placement of items dictated by Fong Shui. I have attended numerous courses and many lectures at The Norton Museum and I'he Boca Raton Museum of Art concerning the identi ficarion of art, th.e use of art in the workplace and public areas acid the effect of art displayed in different sun-aundings. For the past four years, I have attended the Florida Neighborhood Conference a.nd attended interesting and informative workshops on p~~hlic a.rt and the effect it. has had oll several cities in Florida. iJnfottunately, with the present budget crisis public. art funding may be in jeopardy. I feet that my accouutinc hackfround ma_y offer the Art Advisory Board some helpful suggestions on how to stretch their fiords and still provide for public aft Tltattl: -you, (Jerry Frauciosa ~~ ~ C~ ~ l~ ~~~~ . ~ a ~~,~;Ce, ~ RECEIVEC~ ' _ ~ ~ ~C#A~~ l~~M~~~R AF~+~#G1~~~~fii J ~! N 2 t~ 205 20~D7 - -. CITY -CLERK _ Z_ Last N~r_- Namc ~ .. 2 Fio Address; 1l ~ S wde V ~ » ---- 3- ~rsidcaca - ~' ~' Stagy zip Coi1e ~~~ Q~ ~ Panc~pAt-B~iaeaa ~: ~icp - Stn~e - ~ Cady ~~ I ~S_ 'Fio~ P}~~ BiistQess P'liaac - .L.__. __ L? hL~ Addmsr_ CcIl P6onc Fas - ~- a ~ vocee' ~~ ~~ If eq v~eoc azc Yeu r~t.,c«I3 - _~ 7. ~~ i3oar~8j a.cc Tou 1nEQ¢R m 3 lt81. ~ Qf ~} ~ - e r`~ ~ L., ~~~ . ~8~ Lasrg![.~ biz whiff purr zre qtly ssavsn~ ar lisrt p raviuualq secve~i (Plcace ~tdulic Batts) ~'..~ ~ - -- 2~~3 ~.~. - xi: r~ ~p piv~s~n~tcsuans - iib~nacs s*tuch you hflld: ~~ i[t. C~ govt psescaC, sac moo reoeax ~j ..aad pcsi#iv~ - . - - `recd - ~-~ ~.~~~~ ~M : ~ ~~~. (-~- ,~ ~- ` G ~ ` v~ ~ ~~ ~ r ~ ~ c'~ . ~- ~ ~ ~. ~ ~ . I ~ c~ tbst n?[ i~ atxsve ~iseteouents sza m~q, aad I' and uridc-rstsnxl f~.t ~ mi45~a[cmcac of niste~eai . fsri~~ ~. ~ ~ ~ focfei~t~c won ~Y P'A of ~ aQpawanenc L map ~ - ~ ~ 1 ..L , .. n~ 'Ties a~rp~aon ~1 ruin on fife iA thr ~ Ck~tfs Office foc a puiad o£2year~ foam tbe.da cc ~t.~as ~~"-~ Ir ~'!i-~ ~>~sgIt~ut's re~ fo ~e'f$ic a.a~i ~r~u is o[t i0 3JCd ~3N~lIl~l~,hlI~l ~._~`.~'c.9T95T L.=hi S63~i~/t'~lr~l4~ DELRAY BEACH o ~ o ~ CITY OF DELRAY BEACH RECEIVED ~ BOARD MEMBER APPLICATIO~RN 7 5 2007 zoo, ~I'~'Y GLER~Kq• Please tune or print the following information: ~/~~/ `~ / 1. Last Name: ~ C~~~ _ i ~ . lJU n Name ~ M• 2. me Address: CC ~ ,^,)~ Sta . Zi Codte`r 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: ~~ ~ Fax: 6. Date of firth b ~ ~-7 (~ ~ ~ 7. Are you a registere voter? f so, where are you registered? ~ ~~~ ft f /~ ~ ~~~ 8. What Board(s) are you inter ted in serving? Please list in order of preference: ~ ~-~ - ~ u-~i 1 cc. ~-r r ~~ ~3 S ~ ~ c ~felcr~~ -- ~( Ne `~ Sl, ~.1. ). List all City Boards on which you are currently serving or have previously served: (Please include dates .._ Y `~~ 1°0. Educational qualifi^c~ons: 11) I.lst any related professional certifications and licenses whi h you hold: l..~tCCa.,.~ e ~ - ~-~, ~ ~ ~~--~' c.~c,~~ 1 Give your present, or most recent employer, and ~p~ositiogn~: ~~ ~` ~ ~~~ r -- Lc.~ Q f ~=~R G~~S c~cw.-a~~C pT ~ Sl ~ ~ V µ-. S r Q~t~n~+' ~ L~.~ s t ~(t ~.,t- /k(~~.c,~- ~ 5-~- vim tbb~ ~ ~ ~ ~J ~c~ 5-e~- 13. Describe experiences, skills or knowledge which qualify ou to serve on this board: (Please attach a brief re ~~~ ~ ~ e ~ t~~~~..~t S ~c ~. ~ cQrCcc s ~-~v~e-E ~(•~1 l~ t-~-~ c~ I hereby c that all the above statements aze-true; and agree and understand that any misstatement of material facts ed in this application may cause forfeiture upon my part of any appo' t I may receive. ~~ TUBE ~__ _- - - r 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. VCIIWi KtAo H AA~~ ~~~~~~~~~ 1 W,~{,~. CITY OF DELRAY BEACH JUN 1 ~ 2007 ® BOARD MEMBER APPLICATlQN ~iT~ ~~.~' 1993 ~ t Please type or print the foll.o~vit~ infotma[ioa: ~~~~~ 1_ Last Name' Name ~ +` f ~G M. I. 2. I Iome Address: Ci lip ~o , 3_ Legal Reaideace: City State Zip Codc A Y 4. Principal Business Address: City ~ ~~ ~ ,.1„ State ?_ip Codc I~f O ~C o~p L I~io. L/v1 y~c~.d N 1 ~ ~ S~ ~ T-e z-o ~ ~ 33~ 8U S. Heme Phone: Business Phone: F_-Mail Adds s: Cell Phony: S/o I I+a~ f 55 - ,~ 6. Date of Birth 7. Are you a registucd clot r If so, where arc you registesed2 `f 1 ~ • go O~ Go~S 8. What Board(s) arc you iazcerestcd in sewing? Plcasc list In order of prcfeceric~ ~~r<< a2~ List all city B~~rds on wlucl, you arc e+atreatly serving or have previously su4ed~ (Please indudc dates} 1G 10. Educational qualifications: L~ V 11. List any related professional certihcaaons and licenses ~srhieh you hold_ 12 Give your present, or most recent employer, and po; ition_ ~i~i~ G t1O ~ i ~ ~ ~~ lJt C~L~7C1.~ >~ ~ ~~ t ~~ C~r 13. Describe expericaccx, shills or ltuowlcdge which q~-alify you to serve on [his boazd (Please attach a brief =esutne) ~~ O~ ~- mot"? o + h ~ ~.D IJ O ~'T S"'L~ 1 ~~ ~~ I hercUy certify rl~at all the abo -[xtcmcnts are true, xnd I ~cc and undera~and that aap m'°~r,~tement of matc:ti~.l Facts eoncnu`ied is thi9~lic~~~Q m~\ e~orf~ ~ -c upon my parC of any appomtmei~t I may =cceivc w v A D d d Notc_ This application will remain on hle in the City Clerk's Office for a period of 2 yCars from the date it vas submitted. It will be the Applicant'e responsibilir~~ to ensure that a cwzenc application is on file. Carolyn Pendelton-Parker Landscape Arch![ect Education Ms. Pendelton-Parker has 25 years experience in the practice of landscape architecture and landscape implementation. She works with firm of Sanchez 8 Maddux Master of Landscape ArcE~ltecture in Palm Beach with clients throughout Florida, Louisiana and the Bahamas. Her design Harvard University philosophy integrates landscape architecture, green infrastructure and ecologic art. Graduate School of Design Upcoming projects: West Palrn Beach Waterfront Park and Commons, part of the Bachelor of Fine Art, collaborative team of environmental and lighting artists. designers and engineers Florida Atlantic University developing urbane tropical landscape ecotones and aesthetic green infrastructure. Design Degree Her representative project experience includes the following: Parsons School of Design In Broward, member of the Lorna Jordan team for the countywide Art Master Plan and Implementation. Landscape utilized as arts medium to catalyze public awareness of vanishing native ecology- Project funded by Parks and Conservation Land Bond 1.5 Professional Affiliations million. American Society of Landscape In Pahn Beach County with Environmental Artist, Michael Singer: West Pahn's Howard Architects Park Design charette and collaborative design and in,plemantation of artful tropical garden for the artist located in Delray Beach. Florida Certified Landscape Contractor #59 For the Village of Pineuest, Miami, street tree planting planning and implementation plans. site analysis, native and flowering landscape material sequencing. and graphics Native Plant Society of Florida formulation. For the City of Tampa, master planning of 250 miles of urban and suburban American Planning Association greenways. Urban bike routes, hiking trails, canoe and kayak blueways and equestrian trails linking the city's communities, parks, schools, both bays, and urban International Association for center. Planning included GIS mapping, public art, funding research, transportation Landscape Ecology indexing and site analysis. City of Delray Beacli Public art Commitee Palms West corridor plan, a tri-community effort in western Palm beach County, master planning of iconic landscape architecture. Hardscape design included artful overpasses, gateway features, mastarm structures, mile markers, lighting, boardwalks. sidewalks, sound walls, gazebos and integrated linear parks, greenways and blueways. New town center development of Golden Ocala, Florida, an ecologically sensitive and historically scaled landscape architectural solution, Design solutions included an array of distinguishing water features, community parks and equestrian and hiking trails linking the downtown with the residences for community contact and interaction, For the City of Deerfield and the Broward County School Board she was part of a team designing a compact neighborhood park and athletic complex, Sports activities include basketball, softball, soccer, football, competitive swimming, playgrounds, tennis and educational park cornponents_ While at Harvard part of athree-person team, working at regional scale for a new community in Massachusetts. Specialized horticultural laboratories and research center, community center, worship center, housing, constructed wetland sewage treatment, cemetery, community parks, trails and open space were developed with geospatial analysis (GES) and three-dimensional modeling, Princeton Press published the planning results. Light Rail concept planning for two-mile transit corridor. through historic town homes, institutional, suburban and post industrial sites, Jersey City. Landscape ecological and hydrological system interventions sited through 5 brownfields and a Super Fund site. Urban scale roof and road run-off treated via phytoreinedial plant groups. Constructed wetlands, mile long parallel filtering gabion runs, multi-scaled hyper-accumulator groves for heavy metal uptake and soil decontamination. Environmental engineering. and ecologic design dictated the intricate solution -with sound artist Bi11 6uchan and Ken Smith Studio. Landfill Park public art planning for Denahy Park. Cambridge, Massachusetts, with prominent artists Doug Hollis and Anna Murch. Temporal indicators and major all season reflective water feature as environmental recorder. Seasonally responsive thresholds artd amulti-surfaced, experiential path system completed the design. She was part of the team for the downtown redevelopment planning for the City of Winter Park, Florida. Master planning, historical research, economio-development strategies, and landscape guidelines were produced for the downtown commercial and adjacent residential districts. She handled construction administration and construction review management for Disney imagineering at Coronado Springs Convention Center and Resort, Orlando, Florida. She headed up the project plant material management and fast track procurement for Atlantis at Paradise Island, Bahamas. $1.2 million in specimen plant materials were collected, field tagged, and export/imported from tour States and the Caribbean in 3 months. Experience in tropical landscape includes estates in Manalapan, Delray Beach, Highland Beach, Boca Raton, Palm Beach Polo Club, Ocean Club at Paradise Island. Hypoluxo Island, and Palm Beach. She has created original hardscape design for several of these projects. Clients include Ron Perlman, Chris Everett, Sam Snead, and Yvonne Lendel. She has worked at the institutional and commercial landscape construction scale with projects from the Good Year .Blimp Base in Pompano Beach, Florida the FPL Headquarters Juno Beach, the Broward Hospital Parking Deck in Fort Lauderdale, and the South East Financial Center in downtown Miami, She has been involved with landscape implementation for CB Smith Park in Pembroke Pines, Plantation Central Park in Plantation, the Carteret Savings and Loan in Delray Beacli, Florida, The McDonalds Corporation in Palm Beach and Broward County Florida, The Grand Lucayan resort in Freeport, Bahamas, the Radisson Corporate Center and Hotel in Fort Lauderdale, Headway Office Park in Fort Lauderdale and the Crocker Center Hotel and retail center in Boca Raton, Florida. She was part of the initial team responsible for Comprehensive City Beautification Project for the City of Boca Raton, Florida. Landscape architecture, roadway conditions, utilities, right of ways and related infrastructure were researched and published. The implementation was initiated in 1980. Ms_ Pendelton-Parker has also served a guest critic for the Florida International University's Master Program in Landscape Architecture. Publications: "New Community Pete~~han~ MA" a series of 3Dirnesional Studies. Harvard University, Graduate School of Design. Published by Princeton Press: Studio Works Volume 5, 1996. DELRAY BEACH ~/ " ~c%~- ~~/~~ ~I ~ /a ~ ~~~ ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 5 ~~G~I~ED ~ ~~~.~ ~; ~~c~ni Please type or print the following information: J U L 1 2 2005 1. Last Name: 1~~011E.)d G/ f 7~ Name J Y ~~~ ~~~, Z Home Address: S"~/c~or2~s~ ~t City ~~ ""~~ - tr lam- ~t State FL Zip Code 3.3 ~~s~ 3. Legal R/esidence: C .mac FxQ t2 s ~~o1~ve, City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home PhoneR: S-~ j ~~' ~ 1 ~ Business Phone: S~o~' ~~'ro~~ E-Mail Address: `j f ~" ~fi ~jin~c,~/f~,L Cell Phone: nit 56/~g~~ Fag: 6. Are you a registered voter? If so, where are you registered? Y~ ~ ~~ f - ~ l~ ~ _ C., 7. t Board(s) are you interested in serving? Please list in order of preferen ~ ~ o C C 8. List all City Boards on which you aze currently serving or have previously served: (Please include dates) 9. Educational qualifications: lt° a ~ 6 O~ C`ft Q ~QS ~6 D"f' -T ~ ~'1~.~" -Sf?1c~1 P~ ~ 10. List any related professio certifications and licenses which you hold: a ~~ ro-~~e~s5' nr~. ~ mac. ~' ` S r~ ~~ ,~•S ~ arica ~ rCan ' d ire ~ r ~ r'fi ors ra ~e~'- 11. Give your present, or most recent em lover, an posi on: ~p~,fe/~ Rte? ~(o - ~i~oc~' a~c~ l cur / C ~ n ~6 ~~~ s s 12 Describe experiences, skills or knowled ~ch qualify you to serve on this boazd: (Please attach a brief resume) CL I hereby certify that all the above statements are true, and I agree and understand that any nvsstatement of material facts contained in this a ~ ati may cause forfeiture upon my part of any appointment I receiv . ~ ~ 2 ~~~ SIGN RE DATE ~1 tivNd~ 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.ITYQ.fiRR1BOARDUPPLICATION Jerry Rabinowitz JRabinowitz Photography Sb 1-870-6300 Skills and Qualifications: - PresidentASMP~American Society of Media Photographers), New Mexico - Steering Committee -President's Council - ASMP -Aspen, CO - i9lbuquerque, A Ce%bration of Contrasts'; Albuquerque's 1 S` coffee table book in conjunction with City of Albuquerque, Chamber of Commerce and 8ernalillo County Government -Commissioned Photographer - `Our Governor's Mansions" Book, in cooperation with New Mexico Governor Gary Johnson and Oklahoma Governor Frank Keating -Selected; New Mexico Photographer - Photographer for numerous large sca/e pub/ic bui/dings Metropolitan Court .House, Navajo Nation Cultural Museum, New Mexico Museum of Natural History, Roswell Government Center - Boston University, College of Fine Arts- GuestLecturer, Large Format Photography - Winner numerous New Mexico .9ddyAwards -Advertising Federation: Commercial Photography - Consultant with Public Art Sculptors on integration of art with public building projects - Fuji Fi/m Corp - Trave/ing Lecturer- Architectural Photography Clients include: o Trump Properties, including Mara-Lago Resort & Spa o The Breakers, Palm Beach o American Airlines o Intel Corp o The Navajo Nation o Fisher Island o New Mexico, South Florida and Delray architects Publications List includes: o `Palm Beach Illustrated" -Contributing Photographer o "Florida Design" o "Santa Fean, The Magazine of Santa Fe Lifestyle" o "Business Week" o "Su Casa, The Magazine of New Mexico Homes" -Sole Photographer o "Florida Architect", AIA (American Institute of Architects) o "New Mexico AIA Journal" o "Range Finder" -Journal of Professional Photography o "Naples Illustrated" -Contributing Photographer o American Archeology Magazine" -Contributing Photographer Mystudies ofart and architecture as a profession bring a broad awareness towards the confluences ofform, function, flow of/ife and purpose ofpub/ic spaces and its surrounding environments DELRAY BEACH hAmedcacit~ 1993 2001 G~~~~~~ CITY OF DELRAY BEA~~ BOARD MEMBER Please type or print the following information: APPLICA~ 207 ~~~ 7~~-, 1. Last Name: ~E~.S~ First Name M. 2. Home Address: City ,.\ ~ U Stat Zi Co Ge 3. Legal Residenc ; 4. Principal Businessf Address: ~bb ~~q~~lG~ ~E/~. City City ?~ / j,, ~~~4y~~~t ~~ i State Stat/e ~G~ Zip Code Zip Code 3~<.~'S/5~2-/ 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Date of Birth ~~~0 -- ~ 7. Are you a registered voter? If so, where are you registered? eS ~ '~/.G~/ G~J 8. What Board(s) are you interested in serving? Please list in order of preference: ,~'J !'`~ ~~fs ~~ y ~~, 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~~~/ ~"'~ 10. Educational qualifications: 11. List any related professional- certifications and licenses which you hold: ~~ f~ ~ ,~~1_~.~ U 12. Give your present, or most recent employer, and position: 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please a~tach a brief resume) I hereby certify t at all the above statements are true, and I agree and understand t at any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. STC;NA T '~ `~~~ ~ DATE Kevin Rouse (Kevro) Fine Art Printmaker, Photographer, Artist, Designer KEVRO Gallery & Imaging Studio 168 Pineapple Grove Way 1002 Lake Shore Drive Delray Beach, Fl 33444 561-274-0007/561-789-5104 Kevroart. com/Kevroart@ aol . com Education 1982 Graduate of The Art Institute of Fort Lauderdale Experience 1975 -1985 Freelance Photographer ~~R~ ~C 1985 - 1998 Manager, Multi Media Photo & Digital Lab Multi Image Group in Boca Raton (Full production) 1998 -Present Owner of KEVRO Inc in Delray Beach Gallery & creative incubator for artistic solutions featuring high end photography, custom designs, original art & large format printing -°-- 9 i~~~ C `i -iV .: ~ J/1V .1f1. 2V 111 ~ .:+~ ' \ .~~ DELRAY BEACH . o o , IcaC i 1993 2001 CITY OF DELRAY BEACH ,R~GE,vE'~ BOARD MEMBER APPLICATIOI~~N~ 21246 Please type or print the following information: 1. Last Name: ~ ~~ n ~}- Name ~ ,[~~~ c ` / J M. I. 2. Home Addres : 3. Legal Residence: ~~4-ti1 ~ City City State State Zip ~ de t ` Zip Code 4. Principal Business Address: City State Zip Code S. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? ~ ~ If so, where are you registered? ~~G/`~ !/ ~ `T 7 at Board(s) are you interested in serving? Please list in order of preference: A ~~ Y~ IJ ~ 8. List all City Boards on which ou are currently servin or have previo sl served- lease include dates) Go ~~U d/~Gf ~~.~ 9. Educational qualifications: ofZ ~ ~'' ~j~Sr~~ G f c~ ~' psi 10. List y related professiona ertifica.tions and licenses which you hold ~ ~ .ALL i~voij 11. Give your present, or most recent employer, and osition: ~ s~ ~ ~~.sl ~ ~~ ~.~~ ~~/ C~~~ ~' 12. D~ tribe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief resume) oC ~ ~' G /.T/ ~J ~ ~ ~/f/~ S" .~'~l , do l.</~ ~ d2 ?~~~' s ~s~~~/ vl'L~I~/~<~ ~ ~ ~i1 v>ron~r~~~ ~ 2~ vi2~ ~- Ihereby certify all the above statements are true, and I agree and under d that any misstatement of material facts co m s applicad/ ~ fo enure upon my part of any appointment I~may r eive. // SIG A RE DATE Note: This application will remain on fide 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. ~.-~ /,~// ~ _ S~CIi'YCLERK~BOARD~APPUCA110N c~TV ~~~I ~b~' l ~,~ '~L DELRAY BEACH . o ~ o , NI-A111@1'iq 1993 2001 CITY OF DELRAY BEACH ~~G~IVED BOARD MEMBER APPLICATION JUN 2 6 2006 Please type or print the following information: 1. Las Name: Na,,,~,_ I. R -2: ; me Address: C~ i tn"Z' City State 1 V' Zi Code . Jb 3. Legal Residence: City State Zip Code Z ~rc~RAY a ~,. 33~ 3 4. Principal Business Address: ~ City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: ~ Fax: ~- ~7 ~ - x~ ~ ~~~w e ~~~,~. .rs~- 6: Are ou a registered voter? If so, where are you registered? S 7. What Board(s) are you interested in serving? Please list in order of preference: a $. List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: 1.1, r~S o c~a ib , S~ ~ ~ SY eau s~ - i~ ~ 10. List any related professional certifications and licenses which you hold: 11. Give 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) _ ' ..D ~ ~ . "-~- ~. S • .. ~'~Tea~'*Ya1r+ ~ ~ ~1 a I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material f cts contained in this application may cause forfeiture upon my pact of any appointment I may receive. -~~. ~ ~ - c iGNATURE O ~~w X. ~... _ ~ ~ D~T'E~ Note: This application will remain on file in the City Clerk's Office far a period of 2 years from the date it was sub,+mitlted. It will be the applicant's responsibility to ensure that a current application is on file. J ~1 /w /11 ! SICITYCLERKIHOARDIMPL[CATION CITY CLARK ~~ 7?(_11•I PHOhtE PtO. ~~=,1 ~ ~ S ~~19 O~.t. ~8 ~'ii~~t ~ ~ : lE~HI.1 Pi RESUME - KER.A TROWBRIDGE [ WOULD LIKE TO ADD THAT IN ADDITION TO WORKING AS AN INTERVIEWER -AND PANELIST FOR WXEL (90.7 FM) - ON A YEAR ROUND WEEKLY BASIS - I ALSO OWN A HOUSE ON HARMON COURT - (OFF OF LAING -OFF OF ANDREWS AVE) 'T'HAT WAS BUILT IN 1921 - TI IS "KEY WEST" -STYLE (AS IS OUR NfiIGHBORHOOD) - AND I HAVE EN70YED RESTORING IT -THE HOUSE AND ITS GARDEN_ -IT HAS BEEN OPEN FOR CHARITY TOURS FOR VARIOUS ORGANIZATIONS AND WILL BE AGAIN THIS WII~i1ER_ I HAVE LONG WATCHED THE VARIOUS STANDING SCULPTURES WHICH PREVIOUSLY. HAVE BEEN ON DISPLAY IN THE NOW CALLED "P.INEAPPLE GROVE AREA" AND MIGHTILY WISHED THAT SOMETHING COULD BE DONE. - I HAVE DONE MANY CO1vIlviERCIALS -MOVIES -AND PRINT ADDS - IN ADDTION TO BUII,DING AND RESTORING HOMES IN THE SAN DIEGO,CA.. COUNTY AREA - I WISH PUBLIC ART ADVISORY BOARD GREAT SUCCESS IN THEIR NEW ENDEAVOR- DH.RAY BEACH . o ~ . A~-Al11Cf11:aClly ~ r 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type of print the following information: ~~~1~~ 1. Last Name: ~! ~C~I ld Name~a~~~ M I_J 2. Home Address: ~~~ N~ lit ,fie ~ - City 1~-Clr ~ ~i/r State ~ Zi Code 3~~3 3. Legal Residence: City State Zip Code li,~f1L~ 4. Princ al Business Address:P m ~~~~ ~~ ~ v'1'vi }- C ~ ~ ~S ~Ys ' City ~ State Zip Code rt cJuvt Dr d t p>Oav . S~ 4vi.u ~ A-F~~ Yt~c~af-~-merrf' (~l/l5~' (~cc~h^ ~C~ C~it '~L- 3 3`~d ~- 3 ai w, t71~ ~~; r7ver!v2 _ 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~.'t°t-g3~$ 3~5'~-353 ~fiYUSCe1lr~~h6t-~7.~d G. Are you a registered voter? ~~S If so, where are you registered?~~ ~~a~ iGL 7. What Board(s) are you interested in serving? Please list in order of preference: _ ~{GtIM 0-(aC~ ('dvv~!-y QJbI~GA'Q~~YS p{ a,~"r+^~v~ =- ~-/~ it ~Uht~G (~~acc 5 CUrmmc~f-l-~ ~Ul,ll ~ A-Y.}- (-}-a(vcsar~ b3 datrGL 8_ list all City Boards on which you are currently serving or have previously served (Please include dates} 9. Educational qualifications: a5 Cyr" laves (.uv+o(SCcc?rG l}v~k~~f-~rtvYC ~ M~" 'rCns2' Sh ~ESU t,) 10. List any related professional certifications and licenses which you hold: ;~~1 rl~C. i h 11. Give your present, or most recent employer, and position. limit ` ~'~-1a-fi'ov~s .5~e~<<~~s~" ~n~ ac u ~v y m ~~, 12 Describe eirperiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I `P~~QaS~ S~-P a.~cu~a~ `~~Y Qom( ~vi-P~ d'~5~~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts co in this application taus orfeiture upon my part of any appointment I may receive. G~ ~ - ~ - ~ ~'EG~~~~ _.r ` 'NATURE DATE ,UN 7 ~ . Note: This application will terrain on file in the- City Clerk's OEfice for a period of 2 years fr~~~c~a `g.l~~s submitted. It will be the applicant's responsibility to ensure that a current application e. ~/ ~ ~crryctEax~soaxrnneeuc.+noN a~ 829 iV. Lake Avenue Delray Beach, FL 33483 June 23, 2005 Delray Beach City Commissioners 100 N.W. 1S` Avenue Delray Beach, F133444 Dear Commissioners: I am absolutely thrilled by the prospect of serving the Commissioner on the Delray Beach Public Art Advisory Board. It would be a pleasure to contribute to enhancing the community that I have thoroughly enjoyed living in for the past six years. In this short time, I've been delighted to see the public art that has popped up throughout the City. I envision Delray Beach as eventually being an artist enclave, of sorts, with cultural centers, world-class exhibitions, and an art education center for adults and children. It could become a mecca for writers, painters, photographers, sculptors, cinematographers and multi-media artists. The public art would reflect the cultural nuances and dedication to the value of art in our communities and our daily lives. I believe my art background, degree in Landscape Architecture, professional experience with the Palm Beach County Public Affairs Department and twelve years of teaching English to a diversity of students of various nationalities, make me an excellent, well-rounded and well- informed candidate for the Board. In addition, I am very enthusiastic about serving on such a board and have the desire to commit my schedule to monthly meetings as well as special events. I have enclosed a portion of an upcoming issue of .the County Line, the Palm Beach County employee newsletter that I am editor of, that features a cover story about the courthouse public art project that I recently wrote and photographed. Feel free to contact me if you would like more information. I am very excited about devoting my time, energy, knowledge and skills to such a beneficial board! Pat Truscello 829 N. Lake Avenue, Delray Beach, FL 33483 279-8374 Current Experience Current Position: Public Relations Specialist, Palm Beach County Board of County Commissioners * Current Committee: Art in Public Places Committee (Palm Beach County Department of Public Affairs) = Current Projects: Field Reporter for TV 20's news program, "On 20," Editor of Palm Beach County employee newsletter (The County Line), Photographer for special events, commissioner requests, promotional materials and County Web site Education = 1978 BS cum laude, Landscape Architecture, SUNY College of Environmental Science & Forestry 1994 MS, TESOL (Teaching English as a Second Language), University of Massachusetts, Boston = 1985 Certificate with Honors, New England School of Photography, Boston Previous Employment • Taught English as a Second Language at various educational institutions for 12 years including New England Conservatory of Music, Berklee College of Music, Boston University, Harvard University and Kitakyushu YMCA English School (Kokura, Japan) Photography/Media Awards/Honors a 2005 Excellence Award (Photography) NACIO -Annual Report/Calendar = 2005 Meritorious Award (Editor} NACIO, Internal Publications/Newsletter Format -County Line = 2004 Best in Class (Photography) Award of Excellence - NACIO (National Association of County Information Officers) - "Teens are `all ears' when listening to-Jane Goodall" - 2004 Superior Award (Photography) NACIO - "Teens are `all ears' when listening to Jane Goodall" = 2004 Excellence Award (Editor) NACIO, Internal Publications Category -County Line = 2004 Excellence Award (Photography) Savvy Awards, 3CMA (City-County Communications and Marketing Association) -County Calendar ® 2004 Excellence Award (Photography) NACIO -Annual Report Calendar = 2002 Superior Award, (Photography) NAC1O -Photographic Series Award * 1993 Second .Place, (Producing) Cultural Series, National Alliance for Community Media - "Ethnic Beat" = 1993 First Place, (Producing) Documentary Profile, National Alliance for Comm. Media - "Welcome to CC" * 1991 President, Multicultural Graduate Student Organization, University of Massachusetts,: Boston- = 1990 Full Tuition/Stipend, Harvard University Summer School, Division of ESL, Cambridge, MA Photography Exhibitions/Publications • 1988 Red Eye Gallery,. Providence, RI, group show, cibachromes * 1988 Gallery 54, Boston, MA, group show, black & white a 1985 NESOP Gallery, Boston, MA, group show, black & white * 1983 Spectrum Gallery, Boston, one-woman show, cibachromes = Published in various newspapers, magazines in Boston area. * Published in various promotional materials for Palm Beach County Board of County Commissioners including the upcoming bus wrap advertisement on Palm Tran's Route 3 bus. 2001 -present: Published various articles for Palm Beach County Public Affairs, authored brochures 1988 Published autobiographical stories in the Kyushu Post, Kitakyushu, Japan = 2001 - 2005 Artist in Lake Worth Street Painting Festival June 2005 o~ ~'~~AC~cG . ~. .. ORI4'® P~i~;e 2 ..New Hires Page<3 _.....-:. _ .BCC $usiness Page 4 .. _ .. 1. PetpalAdoption Page G ......' ..Victim Services Page 7 .: TM['AC1' Trairiin~; Pa~e,8 ,Classified Ails Plant Pruning Lecture at Mounts Where: Mounts Auditor- ium, 531 N. Military Trail, West Palm Beach When: Thursday, July 21, 7 p.m. Fee: $5, members free -;all 233-1747 ~ountV Irine Art in Public Places Creates New Look for South County Courthouse One of the latest proj- ects implemented by the Art in Public Places pro- gram is just about com- plete. The South County Courthouse, located at 200 West Atlantic Avenue in Delray Beach, now has a colorful 3,300-square- foot mural covering two exterior walls that can be viewed from Atlantic Avenue. And, the bench Continued on Page 3 New Security Checkpoint Lanes Open at PBIA The first phase of the Palm Beach International Airport security check- point expansion program is now complete with the opening of five security lanes for Concourse B. The enlarged screening area helps to keep the lines and the wait time for passengers shorter. This western area of the terminal has increased from 3,300 square feet to 16,000 square feet. Also part of the $23.6 million expan- ion that began in November is a much larg er "meet and greet" area located in Concourse AIB. At Concourse C, a wall is being moved 60 feet and the screening lanes will be increased from five to seven. The entire project is expected to be completed by the end of the year. ArtistAridrew Reid has been busy at the South County Courthouse. He has transformed two large exterwr concrete walls into colorful murals shat are easily viewed from Atlantic Avenue in Delray Beach. A larger security screening area is now open at Concourse A/B at Palm Beach International Airport. BCC Business At the June 7, 2005 Board of County Commissioners meeting, the board took the following action: • Biotechnology Development District (BDD) -Named Morgan Stanley as senior manager and Jackson Securities, Janney Montgomery and UBS Financial Services as co- managers of revenue bonds for first phase infrastructure improvements at the Mecca Farms site; appointed Scripps Program Manager Shannon LaRocque as interim district engineer for the BDD; and directed Public Affairs to work with consultants on a new name for the research park. • Homestead Pilot Program -Approved criteria for a local homesteading pilot program under the federal Community Development Block Grant program. The County's Housing and Community Development Department will use $1.2 million in CDBG funds to purchase six homes and resell them at affordable prices to qualified lower-income families. • Traffic Signals -Adopted guidelines for installation of traffic signals in front of residential developments where there is no developer to fund the cost. • Five-Year Road Plan -Approved on preliminary reading and advertised for public hearing on June 21, 2005 at 9:30 a.m. an ordinance to amend the Five-Year Road Program. Legislative Report - Received a report from Legislative Affairs Director Todd Bonlarron on state appropriations and bills stemming from the 2005 Florida Legislative Session and the County's overall lobbying efforts. • Utility Easements -Agreed to compensate 32 private property owners along 40th Street North in The Acreage for utility easements to run pipes to the Mecca Farms project. Now Hear This... Eighty-five percent of Teaming is derived from listening.:: • Listeners are distracted; forgetful and preoccupied 75 percent of the time. • Most listeners. only recall 50 percent of what :they have heard immediately after hearing someone say it. • People spend 45percent of their waking time'listening. • Most people only remember about 20 percent of what they hear over time: • People listen at about 125 to 250 words per minute but think at about 1,000 to 3,000 words per minute. • There have been at least 35 business studies indicating listening as a top skill needed for success. -adapted from the International LzsteningA.troc.bleb site Continued from cover -public art tops in front of the courthouse are adorned with ceram- ic rile mosaics. In addition, a unique 12-foot ceramic rile pineapple-sculpture bench will be located at the plazas northeast corner, adjacent to the new city library that is under construction. The mural, created by Andrew Reid, is a historical depiction of life in Delray Beach and the south County. The art on the concrete walls portrays a community time- line. Looking from right to left, the painting travels through time beginning with immigrants, farmers, schools and nature, and ending with contemporary imagery including the beach, children and even a postal carrier. The large pineapple, created by Carlos Alves, will be quite a landmark. This ceramic sculpture will be surrounded by a bench seat, and because of its size and color, will be clearly visible from blocks away. The Art in Public Places program previously coordi- nated the barrier art project at the main courthouse on N. Dixie Highway in downtown West Palm Beach. State Legislature Wraps Up The 2005 Florida legislative session recently con- cluded, and the County did well. Some of the funding includes $68.8 million for transportation projects, $14.6 million for local water projects, $4.8 million for beach restoration projects and $3.7 million for park projects. Some of the specific allocations are as follows: Lake Okeechobee restoration - $5 million, Loxahatchee River Preservation Initiative - $3.6 million, Lake Worth Lagoon - $1 million, Palm Beach Island beach restora- tion - $1.1 million, Ocean Ridge Beach renourishment - $1 million, Lake Okeechobee scenic trail - $1 million, turnpike canal protection - $13.4 million, Jog Road par- tial interchange - $9.8 million, Hungryland Canal bridge deck rehabilitation - $3.8 million, PGA Boulevard west of I-95 - $7.8 million, Florida Atlantic University (FAU) Wellness Center - $6.1 million, FAU/Scripps Joint Use Facility - $2 million and about $350,000 for the Palm Beach County 1916 Courthouse. Unfortunately, one of the County's top priorities, the Lake Region Water Treatment Plant, received only $200,000 of the $2.5 million that was hoped for. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~~~s,~~c.~ DATE: JULY 20, 2007 SUBJECT: AGENDA ITEM # ~ ~ • Q -REGULAR MEETING OF JULY 24.2007 FY 2008 -2012 PROPOSED CAPITAL IMPROVEMENT PROGRAM BUDGET PRESENTATION & PUBLIC HEARING The FY 2008 - 2012 Proposed CIP Budget was provided to the City Commission at the July 17 workshop meeting. Staff will provide a presentation on the proposed CIP budget, and the public may comment on the proposed CIP during the public hearing at the July 24 meeting. C~. ; ~ ~ ~Q'a-- _ Boca Raton/Delray Beach News -Friday-Saturday, July 13-14, 2007 • www.bocanews.com 12 NOTICE OF PUBLIC HEARING THE PUBl.1C 1S ADVISED that the Delray Beach City Commission will hold a Publie Hearing on the Capital Improvement ~CIP) Budget on Tuesday, July 24, 2007 at 7:00 P.M. at the Delray Beach City Hall, City Commission Chambers, located at 100 N.W. 1st Avenue, Delray Beach, Florida, 33444. The public hearing wi8 begin with a brief presentation on the CIP budget followed by a public comment period. Everyone is invited to attend. Chevelle D. Nubin, CMC City Clerk Publish: Friday July 13, 2007 Thursday July 19, 2007 Baca Raton 1 Defray Beach News MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~~s,~~.~ DATE: JULY 20, 2007 SUBJECT: AGENDA ITEM #~~~- REGULAR MEETING OF JULY 24, 2007 RESOLUTION N0.41-07 (STORMWATER UTILITY SYSTEM) ITEM BEFORE COMMISSION In accordance with Chapter 56, "Stormwater", of the City Code, Resolution No. 41-07 establishes the budget for the stormwater utility system, establishes the rates for FY 2008 stormwater management assessments, and certifies and adopts the stormwater management assessment roll. Prior to consideration, a public hearing is required. BACKGROUND The assessment is proposed at the rate of $5.33 per month per Equivalent Residential Unit (ERU), for a total annual assessment of $63.96 per ERU. This is the same as the current year assessment. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems. The proposed budget for the stormwater utility fund is incorporated in Resolution No. 41-07 as Exhibit "A". The rate structure with condominium factors is attached to the resolution as Exhibit "B". The assessment roll will be available for review in the Commission Chambers at the July 24th meeting. FUNDING SOURCE None. RECOMMENDATION Recommend approval of Resolution No. 41-07. S:\City Clerk\BUDGET~2007-2008 BUDGETISTORMWATER 2008 072407.dce RESOLUTION NO.41-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELR.AY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL. WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on July 10, 1990, adopt Ordinance No. 21-90 which provides for the creation and establishment of a City-wide Stormwater Management System; and WHEREAS, the City Commission of the City of Delray Beach did, on April 27, 1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the City of Delray Beach to provide for the method of establishing and collecting Stormwater Management Assessments; and WHEREAS, the statutory authority for the creation and implementation of Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and WHEREAS, the City Commission of the City of Delray Beach has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater management system; and WHEREAS, Chapter 56 of the City Code establishes that the rate for stormwater management assessments for each parcel within the benefited area, other than with respect to non- assessed property, shall be established each year by resolution of the City Commission; and WHEREAS, Chapter 56 of the City Code provides that such rate resolution shall not be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as required by applicable law; and WHEREAS, Chapter 56 of the City Code provides that such budget shall include, but not be limited to, a capital element, a debt service element and an Operation and Maintenance element and further requires that the rate hearing and rate resolution shall clearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the Operation and Maintenance element; and WHEREAS, a budget of operation for the year ending September 30, 2008, is set forth in Exhibit "A" and is established in conformity with the requirements of Ordinance No. 21- 90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and WHEREAS, billing and collection of the stormwater management assessment shall be accomplished utilizing the uniform method of collection; and WHEREAS, a rate fox stormwater management assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Chapter 56 of the City Code, and as further set forth in Exhibit "B" to this resolution; and WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessment roll was duly noticed; and WHEREAS, the City, upon adoption of the budget and rates, shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and if upon the completion of such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is correct and proper and is to be used in collecting the stormwater management assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is levied shall thereafter be responsible for payment therefore. 2 RES. NO.41-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Commission does hereby adopt, after public hearing, the budget as established in Exhibit "A" hereto which is incorporated herein. Section 3. That the City Commission does hereby adopt, after public hearing, the rates as set forth in Exhibit "B" hereto which is incorporated herein. Section 4. That the City Commission hereby adopts and certifies the Stormwater Management Assessment Roll. PASSED AND ADOPTED in regular session on this the 24`h day of July, 2007. ATTEST: MAYOR City Clerk 3 RES. NO. 41-07 Ezhibit "A" FY 2007-08 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 11 Administration 12-10 REGULAR SALARIES/WAGES $ 49,020 21-10 EMPLOYER FICA 3,460 22-10 GEN'L EMP RETIREMENT 5,170 22-30 ICMA CONTRIBUTIONS 490 23-10 LIFE INSURANCE 260 23-20 DISABILITY INSURANCE 320 23-30 HEALTH INSURANCE 7,190 24-10 WORKERS' COMPENSATION 2,050 25-10 UNEMPLOYMENT COMPENSATION 40 25-20 EMPLOYEE ASSISTANCE PROG. 30 * PERSONAL SERVICES 68,030 31-30 ENGINEERING/ARCHITECT 26,070 31-90 OTHER PROFESS SERVICES 16,150 32-10 AUDIT/ACCOUNTING FEES 1,900 40-10 TRAVEL & TRAINING 1,200 41-10 TELEPHONE EXPENSE 370 42-10 POSTAGE 150 43-50 STORMWATER CHARGES 990 44-30 EQUIPMENT RENTAL/LEASE 2,140 44-45 VEHICLE RENTAL-GARAGE 1,780 45-10 GENERAL LIABILITY 12,930 46-30 VEHICLE MAINT-GARAGE 1,800 46-90 OTHER REPAIR/MAINT COST 7,120 47-20 REPRODUCTION CHARGES 1,310 49-22 SHARE OF ADMIN EXP 126,000 51-10 STATIONERY/PAPER/FORMS 1,540 51-90 OTHER OFFICE SUPPLIES 600 52-10 FUEL/LUBE VEHICLE 180 52-20 GEN'L OPER SUPPLIES 1,500 52-22 UNIFORM/LINEN SERVICE 180 54-10 BOOKS & PUBLICATIONS 130 54-15 SUBSCRIPTIONS 50 54-20 MEMBERSHIPS 830 54-30 TRAINING/EDUCATION COSTS 1,520 * OPERATING EXPENSES 206,440 66-10 SOFTWARE - CAPITAL OUTLAY - 91-01 TRANSFER TO GENERAL FUND 93,000 * TRANSFERS 93,000 99-01 PROJECT RESERVE - * NON OPERATING - ** STORMWATER ADMINISTRATION $ 367,470 Exhibit "A" FY 2007-08 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 16 MAINTENANCE 12-10 REGULAR SALARIES/WAGES $ 181,130 14-10 OVERTIME 23,600 13-10 OTHER PAY 300 21-10 EMPLOYER FICA 14,560 22-10 GEN'L EMP RETIREMENT 19,100 22-30 ICMA CONTRIBUTIONS 1,130 23-10 LIFE INSURANCE 860 23-20 DISABILITY INSURANCE 1,180 23-30 HEALTH INSURANCE 35,930 24-10 WORKERS' COMPENSATION 17,950 25-10 UNEMPLOYMENT COMPENSATION 180 25-20 EMPLOYEE ASSISTANCE PROG. 150 * PERSONAL SER DICES 296,070 31-20 MEDICAL 130 34-70 PHOTO/MICROFILM SERVICES 100 34-78 REPAIR & UPKEEP CANALS 9,420 34-90 OTHER CONTRACTUAL SERVICE 54,000 40-10 TRAVEL & TRAINING 2,080 43-10 ELECTRICITY 8,730 43-25 IRRIGATION WATER 17,690 44-10 LAND RENTAL/LEASE 2,240 44-30 EQUIPMENT RENTAL/LEASE 1,000 44-45 VEHICLE MAINT-GARAGE 44,400 45-10 GENERAL LIABILITY 24,050 46-20 EQUIPMENT MAINTENANCE 1,430 46-30 VEHICLE MAINT-GARAGE 39,400 46-90 OTHER REPAIR/MAINT COST 152,600 47-10 PRINTINGBINDING SERVICES 400 49-16 COMML DRIVERS LIC RENEWAL 110 51-10 STATIONERY/PAPER/FORMS 100 51-90 OTHER OFFICE SUPPLIES 400 52-10 FUEL/LUBE VEHICLES 16,850 52-20 GEN'L OPER SUPPLIES 7,000 52-22 UNIFORMS/LINEN SERVICE 2,400 52-24 BUILDING MATERIALS 1,300 52-26 GARDENING SUPPLIES 11,500 52-27 EQUIPMENT <$750 6,320 53-20 REPAIRS-DRAINAGE 11,200 54-20 MEMBERSHIPS 100 54-30 TRAINING/EDUCATION COSTS 900 * OPERATING EXPENSES 415,850 64-25 HEAVY EQUIPMENT * CAPITAL OUTLAY - ** STORMWATER SYSTEM MAINTENANCE $ 711,920 Exhibit "A" FY 2007-08 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 CAPITAL 65-34 SW 8TH AVE - SW11TH ST - SW 10TH ST $ 45,000 68-18 STORMWATER PUMP STATION REHAB 250,000 68-25 SW 14TH AVE-SW 2ND TO SW 1ST 103,500 XX-XX*** DELRAY SWIM & TENNIS PARKING LOT 75,000 XX-XX*** NE 7TH AVE, HARBOUR & ISLAND DR OUTFACE 60,000 XX-XX*** PALM TRAIL DRAINAGE 98,000 99-01 PROJECT RESERVE 593,440 * CAPITAL OUTLAY 1,224,940 ** CAPITAL $ 1,224,940 *** Account number not yet assigned FUND 448 STORMWATER UTILITY FUND Dept 71 Debt Service Div 11Debt Service 71-16 STORMWATER NOTE 28,870 72-16 STORMWATER NOTE-INTEREST 24,960 * DEBT SERVICE 53,830 ** DEBT SERVICE $ 53,830 *** STORMWATER UTILITY FUND $ 2,358,160 EXHIBIT "B" TO RESOLUTION N0.41-07 Property Description Rate Structure Single Family Residential ($5.33/Mo./ERU) (12 Mo.) (1 ERU) Condominium ($5.33/Mo./ERU) (12 Mo.) (Condo Factor) (ERU/Unit) Single Ctwner Multi-Family Residential ($5.33/Mo./ERU) (12 Mo.) Non-Residential Developed ($5.33/Mo./ERU) (12 Mo.) Undeveloped ($5.33/Mo./ERU) (12 Mo.) (1.20 ERU/AC) Total 12 Month Assessment $ 63.96 $ 63.96 x CF* $ 63.96/ERU $ 63.96/ERU $ 76.75/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boundary map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. *A specific condominium factor (0.0 - 1.0) has been determined for each condominium development. A list of those factors is attached. 4 RES. NO.41-07 City of Delray Beach, Florida 7/17/2007 STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2007 Condominium Units ERUs Acacia House 3 0.91 Admiral Apts. 10 0.70 Anchorage 8 0.32 Ardmore 13 0.70 Arnold Industrial Park 3 1.00 Atlantic Grove 49 0.93 Avenue East Retail 6 1.00 Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 0.70 Bahia at Delray 236 0.79 Balmoral 12 0.57 Banyan House 65 0.63 Banyan Tree Village 55 0.96 Bar Harbour 85 0.39 Barr Terrace 95 0.38 Barrton Apts. 103 0.46 Beach Cabanas 12 0.64 Beach House of Delray 12 0.70 Beekman 14 0.70 Bella Vista 8 1.00 Berkeshire II 48 1.00 Berkshire I 23 0.79 Bermuda High 22 1.00 Bermuda High South 29 0.96 Bermuda High West 46 1.00 Blahs Arcade 5 1.00 Blahs Downtown 3 0.89 Block 60 92 0.13 Boca Isle/Point at Delray Beach 93 0.69 Brooks Lane 6 1.00 Cambridge 8 1.00 Captains Walk 57 0.86 Casa Del Mar 11 0.49 Casa Playa 11 0.73 Chevy Chase 16 0.70 Churchill 30 0.60 City Walk at Pineapple Grove 42 0.54 Coach Gate 7 0.97 Coastal House 85 0.41 Colridge 3 0.87 Commodore Apts. 8 0.70 Congress Commerce Center 158 1.00 Congress Park Office 33 0.45 Congress Professional Building 4 1.00 Coral Cove 7 0.70 Coral Trace Office Park 21 1.00 Costa Del Rey 40 0.63 Country Manors 440 1.00 Court of Delray 43 0.40 Courtyards at Martel Awns 8 0.88 Cove Apts 5 0.70 Crest 6 0.79 Del Harbour 1040 Del Haven Dr. 4 0.70 Del Harbour 1820 S Ocean Blvd. 18 0.32 Delhaven 24 0.74 - 1 - Exhibit "B" City of Delray Beach, Florida 7/17/2007 STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2007 Condominium Units ERUs Delray Beach Club 77 0.48 Delray Beach Yacht Club 12 0.53 Delray Dental Spedalists 3 0.70 Delray Estates 324 0.55 Delray Golfview 36 0.57 Delray Harbour Club 50 0.71 Delray Oaks 142 0.95 Delray Oaks West 256 1.00 Delray Ocean Villas 15 0.70 Delray Park 6 1.00 Delray Place 42 0.35 Delray Shores Professional 8 1.00 Delray Summit 66 0.41 Domains Delray 60 0.91 Dover House 45 0.48 Downtown Lofts 7 0.45 Duval Place 8 0.71 Eastview of Delray Beach 3 0.70 Eastview Village Square 24 1.00 Eastwinds 84 0.69 Eight Hundred Ocean Place 8 1.00 Environment I 92 0.93 Fairway 72 1.00 Fall Ridge 60 1.00 First Avenue 8 1.00 First Encounter 46 0.70 Florida Blvd 3 0.97 Fountain Square Office of Delray 13 1.00 Georgia Street Industrial Park 3 1.00 Golfview Colony 8 1.00 Grand Bahama Professional 15 1.00 Greensward Village 136 0.91 Grove 28 0.99 Hamilton House 23 0.84 Harbour Pointe of Delray 10 0.70 Harbour Villas 13 0.73 Harbourside I-III 175 0.76 High Point 1,992 0.76 Imperial Manor 12 0.70 Imperial Villas 199 0.96 Ingraham House 4 0.70 Inlet Cove 16 1.00 Inner Cirde 16 0.72 Intercoastal Cove 4 0.70 Jardin Del Mar 38 0.83 Lago Del Rey 338 0.86 Lago Del Rey North Amsterdam 30 0.57 Lakeside 212 0.46 Lakeview Greens 128 0.90 Landings of Delray Beach 64 1.00 Lanikai Villas 24 0.52 Lavers Delray Racquet Club 566 1.00 Ledges 3 0.70 Linton Ridge 84 0.39 - 2 - Exhibit "B" City of Delray Beach, Florida 7!17/2007 STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2007 Condominium Units ERUs Linton Woods 24 1.00 Lyndon Arms 8 0.64 Manor House 24 0.67 Marina Bay 2 1.00 Marina Del Rey 10 0.70 Martel Arms 30 1.00 Meridian Delray 59 0.44 Miramar Gardens 48 0.38 NarberthlOcean Aire 14 0.70 New Monmouth 17 0.70 Ocean City Lofts 68 0.31 Ocean East 8 0.85 Ocean Place 29 1.00 Ocean Place-2155 30 0.77 Ocean Terrace 8 0.70 One Sixty Center 5 1.00 One Ten Apts 4 0.70 Outrigger 25 1.00 Palm Square 8 0.70 Palm Trail 22 0.70 Palm Villas 60 1.00 Palm Villas at Delray Beach 4 0.95 Park View Manor 16 0.55 Patio Beach 10 0.70 Pelican Pointe 56 0.81 Penthouse Delray 80 0.41 Pine Beach South 6 0.70 Pineapple Grove Village 160 0.27 Pines of Delray 685 0.72 Pines of Delray North 700 0.99 Pines of Delray West 287 0.78 Plum 7 1.00 Professional Centre at Delray Beach 4 1.00 Ranger 10 0.70 Saba! Pine 256 0.85 Saba! Pine East 222 0.93 Saba! Pine South 128 0.87 Sands Terrace 14 0.50 Savoy 8 0.70 Seabreeze of Delray 5 0.69 Seagate Manor 63 0.51 Seagate Towers 149 0.49 Seastone Apts. 10 0.34 Seaway Villas of Delray Beach 6 0.70 Serena Vista 30 1.00 Seven Seventy 17th Ave. 9 0.70 Sherwood Gardens 36 0.55 Sloan Hammock Land 5 0.98 South Congress Commerce Center 2 1.00 South County Professional 45 1.00 South Ocean 10 1.00 South Shore Club 15 1.00 Southridge 37 1.00 Southridge Village 68 0.90 - 3 - Exhibit "B" City of Delray Beach, Florida 7/17/2007 STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2007 Condominium Units ERUs Southwinds 84 0.69 Spanish River 88 0.31 Spanish Trail 20 0.59 Spanish Wells 240 0.72 St Tropez 64 0.43 Stor-all 12 0.70 Sunset Pines 66 1.00 Tahiti Cove 18 0.79 Talbot House III 4 0.70 Three Fifty Five Building 7 1.00 Tierra Vence at Delray Beach 300 0.84 Town & Country 148 0.57 Tropic Bay 1-17 399 0.61 Tropic Harbor 222 0.49 Tropic View 48 1.00 Twelve-O-Two 6 0.58 Valhalla 8 1.00 Venetian Drive Townhouse 4 0.70 Venetian Village 14 1.00 Verano At Delray 252 0.42 Village at Swinton Square 100 1.00 Villas Delray 7 0.39 Vista Lago 14 0.70 Wallace Drive Commerce 14 1.00 Waterview Apts. 8 0.67 Waterway East 22 1.00 Waterway North 15 0.92 Wedgewood 6 0.70 Weston Palms 4 0.16 White Columns 3 1.00 Williamsburg Inn 12 0.70 Windemere House 30 0.63 Winston 8 0.7g Woodbrooke 13 0.66 Total condominium units: Average ERU/unit: 13,884 0.76 196 Records processed - 4 - Exhibit "B" Boca Raton/Delray Beach News -Friday-Saturday, July 13-14, 2007 • www•bocanews.com ~IQ~`!C~ QF PUBLIC HEA~INQ Tuesday July 24, 2©07 CITY CQMMISSlON CHAMBERS 7;00 P.M., CITY HALL CITY QF DELRAY BEACH The City of Delray Beach Community Improvement Department invites the public to attend a Public Hearing at the July 24, 2007 City Commission meeting to provide input on the federally mandated Annual Action Plan proposed budget for Fiscal Year 2007-2008. The Ae#ion Ptan has been developed consistent with the City`s Comprehensive Pian and in accordance with federal guidelines governing the use of Community Development Block {CDBG] #unds. The Consols- dated Action Pian is available for public review and comment at the Community Development Division office, located ai City Ha11,104 N.W. 1 st Avenue, Delray Beach The City's Consolidated Action Plan sets forth the proposed projects for the CDBG Entitlement allocation of $596,078 funds for Fiscal Year 2007-2008. The following is a summary of the CDBG proposed projects: HOUSING Owner Occupied Housing Rehabilitation $286,956 rnac PROGRAM ADMINISTRATi!ON $114,710 General management, oversight, and coordination of the CDBG program ~ CD Division Administration is subject to a 20~ cap of annual allocation. PtrBLIG FACILITIES ANO IMPROVEMENTS edestrian sidewalks within the CDBG Target Area in support of the tallation of I $104'000 p ns SW Neighborhood Redevelopment PEan. ECONOMIC DEVELOPMENT $25'004 Funds in support of various eligible tectinicai assistance & economic development activities P BLt~ IC SERVICE Funds in support of various eligible public service activities consistent with needs $89,410 identified in the City's Five-Year Consolidated Plan and are subject to a 15°~ cap of annual allocation. TOTAL CDBG FY2007-2008 EXPENDITURES $596,076 Publish: July 13, 2007 Boca Raton NewslDelray Beach News MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGEI~\ n _~5~~'C/~'l SUBJECT: AGENDA ITEM # ~ ~. ~ -REGULAR MEETING OF JULY 24, 2007 ORDINANCE NO. 23-07 -CITY INITIATED TEXT AMENDMENT TO LDR SECTION 4.6.9~E)(3), "IN LIEU FEE", AND SECTION 4 6 9(E)(4) "PUBLIC PARKING FEE" DATE: JULY 20, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a City initiated text amendment to the Land Development Regulations (LDR), 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. BACKGROUND At the first reading on July 10, 2007, the Commission passed Ordinance No. 23-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 23-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 23-07 Text Amend LDR Sec.4.6.9 In Lieu Fee & Public Parking Fee.doc 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 e SUBJECT: AGENDA ITEM # ~ ~ • r, -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: (i1 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 Devel~ment Regulations at the time payment is made for spaces required to accommodate the associated site plan or site >l lan 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 B©ARD 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: 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. 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 Pfan 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 ETHERS 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 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: JULY 12, 2007 SUBJECT: AGENDA ITEM #' O ~ -REGULAR MEETING OF JULY 24, 2007 PURCHASE AND SALE AGREEMENT WITH CANNERY ROW RESOLUTION 39-07 ITEM BEFORE COMMISSION The attached purchase and sale agreement with Cannery Row LLC is before the City Commission for its consideration. The agreement provides the City may purchase the community facility shell unit in the Cannery Row Project for $530,000.00; purchase just the land without any structure for $200,000.00 or not purchase anything. The City will not be required to make a decision on which option to select until it has received notice from Cannery Row, at that time the City will have 60 days in which to decide. We are not anticipating receiving such notice until the developer is ready to construct the town homes along N.E. 2°d Avenue. It should be noted that we are required to execute the purchase and sale agreement within 120 days of the execution of the developer's agreement, which is no later than August 29, 2007. If the Commission fails to execute the purchase and sale agreement, the developer's agreement shall be null and void, which if the developer's agreement is no longer in existence, the parties would either need to come to terms on a new developer's agreement or the developer would be required to construct commercial or retail uses fronting the west side of N.E. 2"d Avenue. Once the Commission approves this purchase and sale agreement, the requirements set forth in the Ordinance and Developer's Agreement would be satisfied, therefore, the City may not require the developer to construct any commercial or retail use on the property. BACKGROUND On October 3, 2006 the Commission approved Ordinance No. 47-06 which provided that the developer of the Cannery Row Project has the option to not provide non-residential uses fronting the west side of N.E. 2°d Avenue between N.E. 3`~ Street. and N.E. 4~` Street provided that the developer enters into a developers agreement acceptable to the City. At its May 1, 2007 meeting the Commission approved a Developer's Agreement with Cannery Row LLC that provided retail space would not be required on the first floor of the development adjacent to N.E. 2°d Avenue if the developer dedicated park land to the City at the north east corner of the project in exchange for the City waiving its recreation impact fees for the project; and developer and City enter into a purchase and sale agreement that provides the City may purchase the community facility shell unit in the Cannery Row Project for $530,000.00; purchase just the land without any structure for $200,000.00 or not purchase anything. If the City purchases the shell unit, the developer has agreed finish the unit at cost. RECOMMENDATION Commission discretion RESOLUTION NO. 39-07 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 BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach Florida, for community facility or park purposes; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Cannery Row, LLC, as Seller, fora purchase price not to exceed Five Hundred Thirty Thousand and 00/100 Dollars ($530,000.00), and other good and valuable consideration; said parcel with structure being more particularly described as follows: Lot 12, CANNERY ROW, according to the Plat thereof recorded in Plat Book 109, Page 133, Public Records of Palm Beach County Florida or the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Cannery Row, LLC, as Seller, fora purchase price of Two Hundred Thousand and 00/100 Dollars ($200,000.00), and other good and valuable consideration; said parcel, without a structure, being more particularly described as follows: Lot 12, CANNERY ROW, according to the Plat thereof recorded in Plat Book 109, Page 133, Public Records of Palm Beach County Florida or the City Commission of the City of Delray Beach, Florida may terminate the purchase and sale agreement without purchasing any property. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein as Exhibit "A". PASSED AND ADOPTED in regular session on the day of , 2007. MAYOR Attest: City Clerk RES. NO. 11-07 CANNERY ROW PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Agreement"} is made and entered into as of this day of , 2007, by and between CANNERY ROW LLC LLC, a Florida limited liability company ("Seller"), and the CITY OF DELRAY BEACH, FLORIDA ("Buyer"). IN CONSIDERATION of the respective agreements hereinafter set forth, Buyer and Seller agree as follows: 1. PURCHASE AND SALE. Subject to the provisions of Section 42 herein, the Cannery Row development consists, generally, of eighty-two (82) Townhomes and common area and recreational amenities related thereto, acity-owned corner park, and acity-owned community facility ("Cannery Row" and/or the "Project"). Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, for the Total Purchase Price set forth below, and on the terms and conditions contained in this Agreement, Lot 12 ("Lot"), as shown on the proposed Plat of Cannery Row ("Plat"), attached hereto as Exhibit "A", together with the community facility ("Community Facility") to be constructed on the Lot pursuant to the floor plans ("Floor Plans") and building elevations ("Elevations"), and related construction specifications ("Construction Specifications") attached hereto as Exhibit "B" and Exhibit "C",respectively. The Lot and Community Facility are sometimes collectively referred to herein as the "Property"; however, the sale of the Lot and Community Facility will be considered a single sale -the Community Facility not being separate from the Lot. The Property address is: To Be Determined. 2. PURCHASE PRICE: Base Purchase Price: $ NOT TO EXCEED $530,000.00 Change Orders, if any: $ N/A Total Purchase Price: (exclusive of Closing Costs, prorations, and any Change Orders not included here): $ 530,000.00 TOTAL PURCHASE PRICE TO BE PAID AS FOLLOWS: Deposit $ 10.00 1St Deposit (10% of the Base Purchase Price): $ N/A 2na Deposit (10% of the Base Purchase Price): $ N/A Upgrade Payment, if any (see Upgrade Addendum): $ N/A Balance of the Total Purchase Price (Due at Closing in local bank cashiers check or received wire transferred funds): $ 529,990.00 3. COST TO BUYER: The Base Purchase Price stated above is intended to be the guaranteed maximum price Buyer shall pay for the Property, as constructed pursuant to the Construction Specifications, asdefined herein. Buyer may, at any time until one year from the Closing Date ("Cost Review Period"), and upon reasonable notice to Seller, have access to Seller's financial records relative to the Project in order to determine the true and actual cost to complete the Property in accordance with the Construction Specifications ("Cost"). Cost shall be defined as all costs necessarily incurred by Seller in connection with the acquisition, financing, ownership and construction of the Project and the Property; provided, however, that recreational amenities, and sales and marketing expenses for the Project shall be specifically excluded from any calculation of Cost. In the event Seller determines that Cost shall be less than stated above on or before the Closing Date, Seller shall adjust the Base Purchase to reflect any such reduction in Cost. 4. Deleted. 5. SELLER'S FINANCING. Buyer understands that Seller has obtained, or will obtain, acquisition, construction and other financing with respect to the Project. Buyer agrees that this Agreement, and all modifications and additions thereto, will be subordinate in all respects to the lien and priority of any mortgage (and related security interests) now or hereafter placed on the Property securing such Seller's financing, including all loan renewals, future advances, extensions and modifications. The parties intend that this subordination shall be effective automaticallywithout any further notice to, or action by, Buyer. Buyer acknowledges that, as additional security for any of Seller's financing, Seller may assign all of its rights under this Agreement to its lender(s), including all rights Seller may have to Buyer's Deposit, subject to requirements of applicable laws. 6. CONSTRUCTION SPECIFICATIONS. The Community Facility will be constructed in substantial accordance with the plans, retained in Seller's sales office, and the specifications, attached hereto and made a part hereof as Exhibit "C", as such plans and specifications are amended from time to time. Such plans and specifications, as they are so amended from time to time by Seller, are referred to in this Agreement as the "Construction Specifications".Although Seller will complete construction of the Property substantially in accordance with the Floor Plans, Elevations, and Construction Specifications, Buyer acknowledges that during the planning, design, engineering, and construction for the Project, certain modifications, substitutions, deviations and/or omissions in and to the Property, Project, Floor Plans, Elevations, and Construction Specifications (collectively referred to herein as "Construction Modifications") may occur due to governmental required changes, construction and field conditions, labor or product availability, construction scheduling, and design and specification changes made by Seller in Seller's sole discretion. These changes and adjustments are essential in order to permit all components of the Property to be integrated into a well-functioning and aesthetically pleasing product in an expeditious, cost-efficient, and profitable 2 manner. Accordingly, Seller expressly reserves the right to make Construction Modifications during construction of the Property, and Buyer hereby authorizes Seller to make any such Construction Modifications deemed necessary in Seller's sole discretion without prior notice to Buyer. Buyer further understands and agrees that: (i) exterior finishes, such as paint color, roof color/material, shutter placement/color, window/door placement and designs, light fixtures, railings, and other exterior finishes installed by Seller pursuant to the Construction Specifications, are subject to shadings in color gradations, die lots, etc., and may vary from any samples or illustrations shown to Buyer without prior notice to Buyer; (ii) all representations ofdimensions, materials, equipment, and finishes are approximations of size, materials, equipment, appearances, and finishes, and are all subj ect to change by Seller in its reasonable discretion without prior notice to Buyer; (iii) changes in the dimensions of rooms, patios and balconies, and the location of utility (including, without limitation, electrical, television and telephone) lead-ins and outlets, doors, windows, air conditioning equipment, ducts and components, lighting fixtures, electric panel boxes and meters, fencing and gates, and the general layout of the Community Facility and any exterior improvements on the Lot are subject to change by Seller in its reasonable discretion without prior notice to Buyer; (iv) many items, finishes, materials, fixtures, equipment, furnishings, window treatments, accessories, upgrades, changes, and other improvements which may be displayed in any sales model or sales office, or in any marketing or promotional materials, are for display, design and marketing purposes only, and to the extent such items are not included in the Construction Specifications, such items are not included in the Property; (v) if circumstances arise which warrant changes of suppliers, manufacturers, brand names or other items, Seller may substitute materials, finishes, equipment, fixtures, appliances, etc., which are of substantially equivalent quality in Seller's sole opinion, without prior notice to Buyer; (vi) Seller will have complete discretion in landscaping of the Property and the Project; (vii) Seller will have complete discretion with all improvements and amenities situated within the Common Property (as defined in the Homeowner Documents); (viii) the plans and specifications for the Community Facility now or hereafter on file with the applicable governmental authorities may not be identical in detail to the final Floor Plans and the Construction Specifications, and (ix) because of the day-to-day nature of the changes described in this Section 6, the plans and specifications on file with applicable governmental authorities maynot include some or any of these changes (there being no legal requirement to file every change with such authorities). The provisions of this section 6 will survive (continue to be effective after) closing. 7. CHANGE ORDERS. BUYER ACKNOWLEDGES THAT SELLER IS NOT OBLIGATED TO PROVIDE UPGRADES, EXTRAS, OPTIONS, OR CHANGE ORDERS OF ANY KIND. If Buyer requests changes to the Construction Specifications that are not included as part of the Construction Specifications ("Change Orders"),Seller may, in its sole and absolute discretion, either: (i) accommodate Buyer's change order request in the manner provided below, or (ii) deny any or all of Buyer's Change Order requests, and Buyer will accept Seller's decision on all change order requests as final. Buyer further understands that in the event Buyer's Change Order request is denied by Seller, the Community Facility will be completed substantially in conformity to the Construction 3 Specifications, and any Approved Upgrades or Approved Change Orders, as defined herein. No Change Orders shall be implemented unless an approved Change Order Addendum ("Change Order Addendum") for any such Change Orders is signed by Buyer and Seller and full payment for such Change Orders, as specified in the Change Order Addendum, is received by Seller ("Approved Change Order"). Buyer acknowledges and agrees that all payments made to Seller in connection with any Approved Change Order shall be not be considered as part of any deposit toward the Total Purchase Price, and any and all such payments are completely non-refundable in all respects; provided, however, if Seller shall fail to include any Approved Change Order in the Property, Buyer's sole remedy and Seller's sole liability shall be to deduct the amount paid by Buyer for any such omitted Approved Change Order from the Total Purchase Price at Closing, provided Buyer has paid Seller for same. Buyer further acknowledges and agrees that Seller's failure to include any Approved Change Order, or non-approved change order request made by Buyer shall not be grounds for: (i) Buyer to delay or postpone the Closing, or Buyer's obligation to close and pay the balance of the Total Purchase Price to Seller, (ii) any reduction of or credit against the Total Purchase Price, or (iii) placing any portion of the Total Purchase Price in escrow. If applicable, Buyer shall have thirty (30) days from the date of Seller's notice to Buyer that the time period for Buyer to make any required finish selections for the Community Facility has started ("Selection Period"). The Selection Period which maybe extended from time-to-time in writing by Seller in Seller's sole discretion. Buyer understands that in the event Buyer fails to provide Seller with any required finish selections within the Selection Period, Seller may complete the Property using such finish selections that Seller shall determine, in its sole discretion without prior notice to Buyer, provided such finishes are consistent with the Construction Specifications. 8. CONSTRUCTION OF THE PROPERTY. Subject to other terms of this Agreement, Seller shall commence construction of the Property as soon as it is reasonably possible following the issuance of all required building permits, and shall proceed with reasonable diligence throughout the term of construction. Seller agrees that all construction shall utilize new materials (or equivalent quality) and that all such materials shall be in accordance with applicable governmental rules, regulations and building codes, and that all work shall be done in a good and workmanlike manner. Seller shall be responsible for all building permits, impact fees, water and sewer hook-up fees, excluding deposits for utility services which shall be reimbursed by Buyer at Closing. 9. INSPECTION PRIOR TO CLOSING. Prior to Closing, and upon notice to Buyer, Buyer shall be given a reasonable opportunity to inspect the Property with Seller's representative. At that time, Buyer shall present to Seller an inspection statement ("Punch List") signed by Buyer, setting forth any defects in workmanship or materials in the Property which are truly defects in workmanship and materials (the standards for which shall be the construction standards generally prevalent in Palm Beach County, Florida for similar property, which is a commercial shell). Buyer understands and acknowledges that Buyer's setting forth any such perceived defects in workmanship or materials on a Punch List does NOT obligate Seller to repair or warranty any such item(s). Those items on any Punch List that are not equal to the then prevailing construction standards generally 4 prevalent in Palm Beach County, Florida for similar commercial properties, and only those items that are not equal to such standards, as Seller shall determine in Seller's reasonable discretion, shall be considered by Seller as part of the Punch List for which Seller has an obligation for repair and warranty. Seller's failure to perform Seller's obligations hereunder shall not delay, postpone, or otherwise interfere with the Closing. Subject to the construction standards stated above, Seller shall correct and/or complete all work required under the Punch List within sixty (60) days after Closing, at Seller's expense and in a workmanlike manner, subject to the availability of labor and materials, access to the Property after Closing, or events which constitute force majeure. Buyer hereby authorizes Seller to determine the means and methods for making any and all Punch List and warranty related repairs. Buyer further recognizes that although the Property, at Closing, will have received a final certificate of occupancy, Seller may still be in the process of completing certain improvements in the Community Facility, on the Lot, and within the Project. NO ESCROWS OR HOLDBACKS OF CLOSING FUNDS WILL BE PERMITTED. The fact that Seller has to complete work set forth in the Punch List after Closing shall not delay or postpone the Closing, or Buyer's obligation to close and pay the balance of the Total Purchase Price, or be grounds for a reduction of or credit against the Total Purchase Price, or be grounds for deferring or imposing any conditions on Closing, or be grounds for placing a portion of the Total Purchase Price in escrow pending completion of the Punch List items. 10. CLOSING. The term "Closing" refers to the time when Seller delivers the special warranty deed for the Property to Buyer and Buyer delivers to Seller the balance of the Total Purchase Price and any additional amounts owed by Buyer to Seller under this Agreement and for any Approved Upgrades and Approved Change Orders, asset forth herein, or therein, and ownership of Property is transferred from Seller to Buyer (the "Closing"). At Closing, the parties will execute and deliver all documents Seller's closing agent deems necessary or appropriate. Buyer shall not move any personal property onto or take occupancy of the Property until a certificate of occupancy for the Property has been issued by the appropriate governmental agency, and Seller has received the Total Purchase Price in accordance with the terms of this Agreement. Legal and physical possession of the Property shall be delivered to Buyer at Closing. The Closing will occur after issuance of a Certificate of Occupancy for the Community Facility by the City of Delray Beach. Buyer understands that Seller has the right to schedule the date, time and place for the Closing ("Closing Date"); provided, however, that before the Closing Date, Seller must obtain a final certificate of occupancy for the Property. Buyer acknowledges that the common property, any improvements thereon, and all improvements related to the Project need not be completed or have such certificates of completion or occupancy prior to the Closing Date. Buyer will be given at least thirty (30) days' notice of the date, time and place of Closing. Seller is authorized to postpone the Closing for any reason and Buyer will close on the new date, time and place Seller specifies in its notice of postponement (as long as at least 2 days' notice of the new date, time and place are provided to Buyer). A change of time or place of Closing only (that is, one not involving a change of date) will not require any additional notice period. Any formal notice of Closing, and any postponement or rescheduling of the Closing may be given orally, by telephone, facsimile, electronic mail, regular mail or other reasonable means of communication at Seller's option. All such notices 5 to Buyer shall be sent or directed to the address, facsimile, electronic mail address or telephone number (as appropriate), specified on Page 1 of this Agreement unless Seller has received written notice from Buyer of any address change prior to the date Seller's notice is sent, transmitted or given to Buyer. These notices (other than a change of address) will be effective on the date given, transmitted or mailed. An affidavit of one of Seller's employees or agents stating that this notice was given or mailed to Buyer will be conclusive in this regard. If Buyer fails to receive any of these notices or the confirmation because Buyer failed to advise Seller of any change of address, telephone or facsimile number, or electronic mail address, or because Buyer has failed to pick up a letter when Buyer has been advised of an attempted delivery or because of any other reason, Buyer will not be relieved of Buyer's obligation to close on the scheduled date unless Seller agrees in writing to postpone the scheduled date. If Seller agrees in writing to reschedule the Closing at Buyer's request, or if Buyer is a corporation (or other business entity) and Buyer fails to produce the necessary documents establishing proof of the organization, good standing and authorization of representatives, as requested by Seller, and, as a result, Closing is delayed, or if Closing is delayed for any other reason (except for a delay desired, requested or caused by Seller), Buyer agrees to pay at Closing a late funding charge equal to interest, at the then highest applicable lawful rate, on that portion of the Total Purchase Price not then paid to Seller (and cleared), from the date Seller originally scheduled the Closing to the date of actual Closing. Additional late funding charges also may be imposed as stated in this Agreement. All prorations will be made as of the originally scheduled date. BUYER UNDERSTANDS THAT SELLER IS NOT REQUIRED TO RESCHEDULE OR TO PERMIT A DELAY IN CLOSING AND THAT IF BUYER FAILS TO TIMELY CLOSE AS REQUIRED BY THIS SECTION 10, BUYER WILL BE IN DEFAULT UNDER SECTION 16 OF THIS AGREEMENT. 11. TITLE. At Closing, Buyer will receive good and marketable title to the Property, subject to the permitted exceptions listed below ("Permitted Exceptions"). At Closing, Buyer will receive the following documents, which Buyer agrees to accept as proof that title is as represented above: A. Title Commitment. A written title commitment from a title insurance company licensed in Florida agreeing to issue Buyer a title insurance policy for the Property (ALTA Owner's Policy with Florida modifications) ("Title Policy"). The title commitment will list the following Permitted Exceptions (exceptions subject to which Buyer agrees to take title to the Property): 1. Real property taxes and assessments affecting the Property for the year of Closing, and subsequent years, including any applicable special assessment, community redevelopment or improvement districts; 2. All laws, and all restrictions, covenants, conditions, limitations, agreements, reservations and easements recorded in the public records, or otherwise established with respect to the Project, for example, zoning restrictions, property use limitations and obligations, governmental permits, easements, rights-of--way, plat restrictions and dedications, and agreements relating to utilities, drainage and conservation areas; 6 3. The restrictions, covenants, conditions, easements, liens, terms and other provisions imposed by the documents contained or referred to in the Homeowner Documents, as defined herein, and any amendments thereto (and any other documents which Seller, in its sole discretion, believes to be necessary or appropriate) which will be recorded by Seller now or at any time after the date of this Agreement in the Public Records of Palm Beach County, Florida, and all amendments to any of such documents; 4. Easements in favor of the Association, as defined herein, and public utility providers for general access over and across the Property and the Project, and for the installation, service, repair, and maintenance of all water retention areas, drainage improvements, roads, and all other improvements and utilities serving the Property and the Project; 5. Minor encroachments, if any, into easement areas serving public utilities by Property-related improvements such as air conditioner pads and equipment, roof and balcony overhangs, which are hereby deemed permitted; 6. The mortgage, and any other security instruments, in favor of Buyer's lender, if any; 7. Deleted 8. All other standard title exceptions contained in an ALTA owner's title policy customarily issued in Palm Beach County, Florida for similarly situated properties, and all other title exceptions for items common to the Proj ect; provided that no limitation on Buyer's title may prohibit construction of the Community Facility, nor the use of it as a Community Facility, subject to the Homeowner Documents. B. Closing Documents. At Closing, Buyer will receive: (i) a special warranty deed to the Property which will be subject to (that is, contain exceptions for) all of the matters described above, (ii) Seller's form of owners (no-lien) affidavit, FIRPTA ("non-foreign") affidavit, and gap affidavit, (iii) Bill of Sale for any personal property contained in the Community Facility, (iv) final as-built survey of the Property, (v) Soil treatment certificate, (vi) Insulation certificate, (vii) Certificate of Occupancy for the Property, and (viii) the Limited Warranty Registration, which shall require Buyer's execution at Closing. Buyer and Seller shall each execute and deliver to the other such additional documents as reasonably required by the closing agent to close the transaction contemplated in this Agreement. The documents (the title commitment, as aforesaid, and the documents listed in this Section 11.B. are collectively referred to herein as the "Closing Documents"). If Buyer finds title not to be in the condition required by this Agreement, then within thirty (30) days of receipt from Seller of the title commitment described above, Buyer shall notify Seller in writing of the specific nature of the claimed title defect and the specific 7 actions needed to correct the alleged title defect, failing which any claimed title defect shown in the title commitment shall be deemed waived by Buyer. In the event Seller cannot provide the quality of title described above, Seller will have a reasonable period of time (at least ninety (90) days after Buyer gives Seller written notice of an objection to title) to correct any defects in title, but Seller is not obligated to do so. If Seller cannot, or at any time elects not to, correct the claimed title defects, then within five (5) days of notice from Seller, Buyer shall elect to either (i) accept title in the condition Seller offers it (with any such defects) and pay the Total Purchase Price for the Property (without reduction or offset), and Buyer shall not make any claims against Seller because of the alleged defects which will also be excepted from the special warranty deed; or (ii) cancel this Agreement and receive a full refund of the Deposit, whereupon Seller will be relieved of all obligations under this Agreement upon delivery to Buyer of the Deposit. If Buyer does not give written notice of such election to Seller within said five (5) day period, Buyer will be deemed to have elected option (i) of the preceding sentence. 12. CLOSING COSTS. Buyer understands that, in addition to the Total Purchase Price (which shall include all Approved Upgrades and Change Orders), Buyer shall pay at Closing the following fees and costs ("Closing Costs"): A. Deleted- B. The actual costs of (i) officially recording the special warranty deed in the Public Records of Palm Beach County, Florida; (ii); deleted (iii) title search fees, title examination fees, settlement fees, and closing administration fees; and (iv) the premium for the Title Policy. Notwithstanding the forgoing, in the event Buyer elects to use Seller's designated closing agent for the Closing (which Buyer has no obligation to do), all of the foregoing costs listed in this Section 12.B. shall be paid by Seller at Closing. In the event Buyer does not so designate, in writing, another closing agent at the time of execution ofthis Agreement, Buyer agrees that Seller shall designate its closing agent to complete the Closing. C. Buyer's prorated share of the quarterly maintenance assessment charged by the Association for the quarterly assessment period in which the Closing occurs; provided, however, if the Closing shall occur in the last month of any quarter, Buyer will be charged for the next quarter's assessment at Closing in addition to the aforementioned proration for the current quarter; D Deleted E. Reimbursement to Seller for the cost of providing Buyer with: (i) a final as-built survey of the Property, the cost of which shall not exceed $300, and (ii) a F.E.M.A. elevation certificate, if required, the cost of which shall not exceed $200; F. Reimbursement to Seller for any utility deposits or hook-up fees for the Property which Seller may have advanced prior to Closing; 8 G. deleted H. Any unpaid charges for any Approved Change Orders; I. deleted J. All fees, costs, points, and charges imposed by Buyer's mortgage lender, if any, shall be paid by Buyer at Closing. Buyer acknowledges the Closing Costs referred to in Section 12.A. and 12.B. above do not include any mortgage loan closing costs of any kind, including, without limitation, the cost of title insurance required by Buyer's lender. In the event Buyer elects to use Seller's designated closing agent for the Closing, as aforesaid, Seller agrees to cause the closing agent to provide title insurance to Buyer's lender for the lowest amount permitted by law, and to coordinate the closing of Buyer's mortgage; K. Real property taxes will be prorated through the day before Closing on the current year's tax amount for the Property. If Closing occurs on a date when the current year's tax assessment is not available, taxes will be prorated on the prior year's tax, as allocated to the Property by Seller, and will be later adjusted by Buyer and Seller based on the exact amount of taxes, with allowance for the maximum applicable discount amount; provided, however, that any request for adjustment and/or re-proration of real estate taxes must be made in writing and delivered by the party requesting the adjustment to the other party within ninety (90) days of the date the notice of the current year's real estate tax assessment is published by the applicable taxing authority. Buyer understands and agrees that if no written request for adjustment or re-proration is made and delivered to Seller within such ninety-day period, any entitlement to adjustment or re-proration of real estate taxes that may exist shall be deemed waived. L. Certified Special Assessments as of the scheduled Closing Date shall be paid by Seller. Pending Special Assessments assessed by governmental agencies as of the scheduled Closing Date shall be assumed by Buyer. If any such Certified Special Assessments are payable in installments, the installment due in the year of Closing shall be prorated and Buyer shall assume the balance of any such installments. 13. HOMEOWNERS' ASSOCIATION. Buyer acknowledges that (i) the Cannery Row Homeowners' Association, Inc., a Florida corporation not-for-profit ("Association") has been established for the purpose of maintaining certain aspects of the Property and the Project. Buyer understands that Seller, due to its present ownership of Lots and properties comprising the Project, currently controls the Association and has the right to appoint officers and directors thereof in accordance with the following documents governing the Property: (i) the Articles of Incorporation of the Association ("Articles"), (ii) the By-Laws of the Association ("By-Laws"), and (iii) the Declaration of Covenants and Restrictions ("Declaration"), all as amended from time to time (the Articles, By-Laws and Declaration are collectively referred to herein as the "Homeowner Documents"). Buyer further acknowledges that upon Closing, Buyer shall automatically become a 9 member of the Association and shall be required to comply with all of the terms and provisions of the Homeowner Documents, and Buyer further acknowledges that Buyer shall be liable for the payment of any and all regular and special maintenance assessments levied against the Property pursuant to the Declaration, and that Buyer's failure to pay any such assessments may result in penalties. After Closing, and in accordance with the Declaration, Buyer shall be responsible for the maintenance of the Property. In the event Buyer fails to properly maintain the Property in accordance with the Declaration, the Association shall have the right, but not the obligation, to perform such maintenance required of Buyer pursuant to the Declaration, in which event Buyer shall pay all cost incurred by the Association, including all collection costs. The Association shall have the right to assess the Property for all maintenance costs incurred by the Association. Buyer acknowledges receipt of the proposed Homeowner Documents, which Buyer agrees to adhere to and be bound by the terms thereof, and any future changes provided that Buyer has consented to such changes as provided in the Homeowners Association documents. The provisions of this Section 13 shall survive the Closing. 14. HOMEOWNER ASSOCIATION FEES. Buyer understands that any estimated operating budget provided to Buyer (the "Budget") provides only an estimate of what it will cost to run the Association during the period of time stated in the Budget. The Budget is not guaranteed to be an accurate prediction of the expenditures required of the Association, and, as such, are subject to change at any time and from time to time to reflect actual and projected expenditures or changes in assumptions. These changes may occur before or after Closing, but will not affect any of Buyer's obligations under this Agreement or the Homeowner Documents, except as to resulting changes in closing prorations. Buyer recognizes and agrees that Buyer's assessments may include expenses attributable to Common Property which are not complete or usable by Buyer at any given time. The provisions of this Section 14 shall survive the Closing. 15. ADJUSTMENTS WITH THE ASSOCIATION. Buyer acknowledges that Seller may advance money to the Association, or on behalf of the Association, to pay for certain Association expenses, including, without limitation, insurance premiums, Common Property maintenance and repairs, utility charges and deposits, permit and license fees, charges for service and maintenance contracts, salaries of Association employees, and other similar expenses. Seller is entitled to be reimbursed by the Association to the fullest extent permitted bylaw for all such sums advanced or paid by Seller on behalf of the Association. 16. DEFAULT. If Buyer fails, refuses or neglects to perform Buyer's obligations under this Agreement, Buyer shall be deemed in "default". If Buyer remains in default thirty (30) days after Seller sends notice of any such default, Seller shall be entitled to the remedies provided herein. Seller has agreed to construct the Community Facility in connection with obtaining certain development approvals from the City of Delray Beach for the Project. In that regard, Seller would not construct the Community Facility except for the requirement by the City of Delray Beach to do so in order to grant Seller the required development approvals for the Project. Buyer and Seller agree 10 that as inclusion of the Community Facility in the Project as a condition of receiving development approvals for the Project, it would have no value to Seller in the event Buyer does not close on the purchase of the Community Facility, as such event may j eopardize the underlying approvals for the Project. In the event Buyer's default is failing to close on the scheduled Closing Date, then Seller may seek specific performance to compel it to close on the purchase and sale contemplated by this Agreement. If Seller fails, refuses or neglects to perform Seller's obligations under this Agreement, Seller shall be deemed in "default." If Seller defaults under this Agreement, Buyer shall give Seller written notice specifying any such default. If Seller has not cured the default within ten (10) days following Seller's receipt of Buyer's default notice, or, where the nature of the specified default cannot reasonably be cured within such ten-day period, Seller has not commenced a course of action and thereafter diligently pursued such course of action as reasonably required to promptly cure such default within ninety (90) days, Buyer may either (1) receive a refund of all monies paid by Buyer under this Agreement or (2) seek specific performance, without thereby waiving an action to recover Buyer's actual and direct damages (out-of-pocket amounts actually paid by Buyer to third parties). Acceptance of a special warranty deed at Closing shall be Buyer's acknowledgment of full performance by Seller of all of its agreements, duties and obligations under this Agreement and no agreement, duty or obligation of Seller shall survive the Closing except the obligation of Seller to complete the Punch List, the Limited Warranty provided in Section 19 below, and the warranties contained in the special warranty deed. The provisions of this Section 16 will survive Closing. 17. Deleted. 18. ONGOING ACTIVITIES. Buyer understands that as long as Seller owns property within the Project, it may retain offices and model homes within the Project (including on or within Common Property, and any improvements thereon). Seller's sales representatives may show homes, erect advertising signs and conduct any and all activities whatsoever as is necessary and appropriate for the sales, leasing or management of the Project. In addition to the foregoing, Seller, and its affiliates, assignees, contractors, subcontractors, licensees and designees may conduct such construction, marketing and other activities in or around the Project as are deemed necessary or appropriate in the sole discretion of Seller or the party conducting such activities on Seller's behalf, or with Seller's consent .Without limiting the generality of the foregoing, and as a material inducement to Seller to enter into this Agreement, Buyer acknowledges and agrees that SELLER AND/OR OTHER PARTIES MAYBE CONDUCTING CONSTRUCTION, SALES, LEASING, AND OTHER ACTNITIES WITHIN OR AROUND THE PROPERTY AND THE PROJECT, BOTH BEFORE AND AFTER The CLOSING. BUYER RECOGNIZES THE RIGHTS OF SELLER, OR OTHERS PERMITTED BY SELLER, TO CONDUCT SUCH ACTNITIES AND HEREBY AGREES NOT TO: (i) DEEM ANY OF THESE ACTNITIES TO BE NUISANCES OR NOXIOUS OR OFFENSNE ACTNITIES, (ii) ENTER, OR ALLOW ANY OTHERS UNDER BUYER'S CONTROL TO ENTER, ANY AREAS WHERE SUCH ACTNITIES ARE BEING CONDUCTED (EVEN WHEN THEY HAVE TEMPORARILY CEASED, SUCH AS DURING NON-WORKING HOURS), OR (iii) INTERFERE WITH, RESTRICT OR IMPEDE THE WORK 11 OF SELLER OR OTHERS WITHIN THE PROJECT, AND BUYER HEREBY GRANTS SELLER ACCESS TO THE LOT AND ALL PORTIONS THEREOF, SUBSEQUENT TO CLOSING IN ORDER TO COMPLETE ANY WORK WITHIN THE PROJECT. 19. SELLER'S LIMITED WARRANTY, DISCLAIMER OF IMPLIED WARRANTIES . Seller agrees to repair, at Seller's expense, for a period of one (1) year from Closing, all materials that may prove to be defective within one (1) year from the Closing Date ("Limited Warranty"). It is expressly understood that this obligation shall be void if the need for such repairs arises from an act or failure to act by Buyer or Buyer's agents, servants, lessees, employees, or invitees, or if such need arises by virtue of an act of God, or if Buyer shall have attempted to repair same without first giving Seller thirty (30) days prior written notice thereof. This Limited Warranty shall be the only warranty that Seller shall make or be obligated to make regarding the Property or Project. BUYER UNDERSTANDS THAT THE ABOVE-DESCRIBED LIMITED WARRANTY TO BE DELIVERED TO BUYER AT CLOSING IS THE ONLY WARRANTY MADE BY SELLER WITH REGARD TO THE PROPERTY OR THE PROJECT, AND, TO THE MAXIMUM LAWFUL EXTENT AND UNLESS CLEARLY AND ABSOLUTELY PROHIBITED BY LAW, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND HABITABILITY, ANY WARRANTIES IMPOSED BY STATUTE, AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND OR CHARACTER ARE SPECIFICALLY DISCLAIMED, AND SELLER HAS NOT GIVEN AND BUYER HAS NOT RELIED ON OR BARGAINED FOR ANY SUCH WARRANTIES. AS TO ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAIMED ENTIRELY, ALL SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED, WAIVED AND DISCLAIMED (CLAIMS FOR SUCH SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES BEING CLEARLY UNAVAILABLE IN THE CASE OF IMPLIED WARRANTIES WHICH ARE DISCLAIMED ENTIRELY ABOVE). BUYER UNDERSTANDS AND HEREBY AGREES TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY. Without limiting the generality of the foregoing, if, but only if, Seller is prohibited from disclaiming entirely certain implied warranties by reason of the provisions of the "Magnuson-Moss Warranty Act" (15 U.S.C. §§2301-2312) (the "Warranty Act"), if applicable, Seller HEREBY LIMITS THOSE IMPLIED WARRANTIES, IF ANY, AS FOLLOWS: (i) IN SCOPE TO THOSE, IF ANY, GIVEN ON "CONSUMER PRODUCTS," IF ANY, AS DEFINED IN THE WARRANTY ACT, IF APPLICABLE) WHICH ARE ACTUALLY COVERED BY THE LIMITED WARRANTY, AND (ii) IN DURATION TO THE ONE YEAR PERIOD OF SELLER'S LIMITED WARRANTY, AND ALL THOSE IMPLIED WARRANTIES, IF ANY, ARE HEREBY DISCLAIMED ABSOLUTELY THEREAFTER. Buyer understands and agrees that Seller is authorized to utilize a 3~d party warranty management service in connection with the administration of any warranty provided to Buyer for the Community Facility, and that Buyer agrees to execute any registration forms or agreements in connection with such warranty administration. Seller will deliver to Buyer, at Closing, any and all manufacturers' warranties, which will be passed through to Buyer at Closing, none of which manufacturers' warranties are expressly warranted in any way by Seller. The provisions of this Section 19 will 12 survive Closing. 21. NOTICES. Unless this Agreement states other methods of giving notices, whenever either party is required or desires to give notice to the other party, the notice must be in writing and sent either: (i) by first class mail, postage prepaid (unless sent outside of the United States, in which event written notices to Buyer may be sent by regular air mail); (ii) by facsimile transmission or electronic mail if Buyer has indicated a facsimile number or electronic mail address on Page 1 of this Agreement; or (iii) by a national overnight courier service, to the address for Buyer set forth on Page 1 of the Agreement. A change of address notice is effective when it is received. All other written notices are effective on the day they are properly mailed, transmitted, or delivered, as the case may be, whether or not received (and all permitted non-written notices to Buyer are effective on the date given by Seller) unless receipt is required as specifically set forth in portions of this Agreement. 22. TRANSFER OR ASSIGNMENT. Buyer may transfer or assign Buyer's interest in this Agreement to the Delray Beach Community Redevelopment Agency or the Delray Beach Community Land Trust, Inc. without the approval of Seller, if Buyer wishes to assign this Agreement to another entity it must first obtain consent of Seller, which shall not be unreasonably withheld. Seller may assign or transfer freely all of its rights and obligations under this Agreement. 23. Deleted. 24. FLORIDA LAW: SEVERABILITY. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Florida, and any disputes in connection with this Agreement will be settled according to Florida law. If any part of this Agreement violates a provision of Florida or federal law, such law will control. In such case, however, the remainder of the Agreement (not in violation) will remain in force and effect. Without limiting the generality of the foregoing, it is Buyer's and Seller's mutual desire and intention that all provisions of this Agreement be given full effect and be enforceable strictly in accordance with their terms. If, however, any part of this Agreement is not enforceable in accordance with its terms or would render other parts of this Agreement or this Agreement, in its entirety, unenforceable, the unenforceable part or parts are to be judicially modified, if at all possible, to come as close as possible to the expressed intent of such part or parts (and still be enforceable without jeopardy to other parts of this Agreement, or this Agreement in its entirety), and then are to be enforced as so modified. If the unenforceable part or parts cannot be so modified, such part or parts will be stricken and considered null and void, and the remainder of this Agreement shall continue in full force and effect, in order that the mutual paramount goal (that this Agreement is to be enforced to the maximum extent possible strictly in accordance with its terms) can be achieved. Without limiting the generality of the foregoing, if the mere inclusion in this Agreement of terms granting to Seller certain rights and powers, or waiving or limiting any of Buyers rights or powers or Seller's obligations (which otherwise would be applicable in the absence of such terms), results in a final conclusion (after giving effect to the above judicial modification, if possible) that Buyer has the right to cancel this Agreement and receive a refund of Buyer's Deposit, such offending 13 rights, powers, limitations and/or waivers shall be stricken, cancelled, rendered unenforceable, ineffective and null and void. Under no circumstances shall either Buyer or Seller have the right to cancel this Agreement solely by reason of the inclusion of certain language in this Agreement (other than language which is intended specifically to create such a cancellation right). THE FOLLOWING SENTENCE WILL SUPERSEDE AND TAKE PRECEDENCE OVER ANYTHING IN THIS AGREEMENT THAT IS IN CONFLICT WITH IT: IF ANY PROVISIONS SERVE TO LIMIT OR QUALIFY SELLER'S SUBSTANTIAL COMPLETION OBLIGATION HEREIN, AND SUCH LIMITATIONS OR QUALIFICATIONS ARE NOT PERMITTED IF THE EXEMPTION OF THIS SALE FROM THE INTERSTATE LAND SALES FULL DISCLOSURE ACT PURSUANT TO 15 U.S.C. § 1702(a)(2) IS TO APPLY OR THIS AGREEMENT IS TO OTHERWISE BE FULLY ENFORCEABLE, THEN ALL THOSE PROVISIONS ARE HEREBY STRICKEN AND MADE NULL AND VOID AS IF NEVER A PART OF THIS AGREEMENT. FOR PURPOSES OF THIS PARAGRAPH ONLY, THE WORDS "THIS AGREEMENT" INCLUDE IN THEIR MEANING THE HOMEOWNER DOCUMENTS. 25. TIME OF THE ESSENCE. The performance of all obligations on the precise times stated in this Agreement is of absolute importance, and failure to perform any such obligations on time is an event of default, time being of the essence with respect to each provision of this Agreement which requires performance by Buyer within a specified time period or upon a specified date. If the deadline for the performance of any obligation under this Agreement, or the expiration of any time period under this Agreement, falls on a Saturday, Sunday or legal holiday, then the applicable time period shall be extended to the next succeeding business day. 26. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties, and may not be amended except by written agreement executed by all parties hereto. Any current or prior agreements, understandings, verbal and visual representations and statements, including, without limitation, artist's rendering, sales and advertising materials, or oral statements and representations of Seller's sales representatives, if not expressed in this Agreement or in the Homeowner Documents, are hereby merged into the terms of this Agreement and are void and have no effect, and Buyer acknowledges that Buyer has not relied on any such information or materials. 27. LITIGATION. The venue of any litigation or other dispute resolution arising out of this Agreement shall be Palm Beach County, Florida. This provision shall survive the Closing or earlier termination hereof. 28. Deleted 29. SURVIVAL. The provisions and disclaimers in this Agreement which are expressly set forth herein to have effect after Closing (but only those provisions and disclaimers) will continue to be effective after Closing and delivery of the deed. All other provisions of the Agreement shall be deemed performed or waived at Closing, and shall be merged into the deed. 30. INCORPORATION BY REFERENCE. Every exhibit, schedule, modification, rider, and 14 other addendum and appendix attached to this Agreement or referred to herein is hereby incorporated in this Agreement. 31. Deleted. 32. Deleted. 33. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 34. CONSTRUCTION. Every covenant, term, provision of this Agreement shall be construed simply according to its fair meaning, and shall not be more strictly construed against any one of the parties hereto. Further, notwithstanding the fact that the form of this Agreement has been drafted, initially, by Seller, all parties to this Agreement have participated fully in the negotiation and preparation hereof, and as this Agreement has been fully negotiated between the parties hereto, the principle of contract interpretation which would result in any ambiguity being construed against the draftsman shall not, and is not intended, to apply. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and the use of any gender shall be held to include every other gender. The titles and captions contained herein are for convenience only and shall not be deemed a part of the context of this Agreement. 35. NEGOTIATIONS. Buyer acknowledges that the negotiation of this Agreement and all discussions with Seller and its agents regarding the sale of the Property were conducted in the English language. Buyer also acknowledges that (a) Buyer has had ample opportunity to inspect the documents provided to Buyer pursuant to this Agreement, and pursuant to any request of Buyer, and (b) that although Seller's sales agents are not authorized to change the form of this Agreement, they have strict instructions from Seller to communicate any of Buyer's requests for changes to this Agreement to Seller's management, which has given Buyer the opportunity to discuss and negotiate any such changes to the Agreement. In light of the foregoing, Buyer's decision to sign this Agreement now is totally free and voluntary and Buyer acknowledges and accepts all of the provisions of the Agreement ~„a *~° LT°~°°~- T' as fair, reasonable, negotiated, discussed and explained to Buyer's complete satisfaction. 36. COUNTERPARTS. This Agreement may be executed in counterparts, each ofwhich shall be deemed an original, and shall be binding upon the party or parties who executed same, but all of such counterparts shall constitute one and the same Agreement. 37. EFFECTIVE DATE. The effective date ("Effective Date") of this Agreement shall be the date stated on Page 1 of this Agreement, and shall be the date from which all time periods under this Agreement are computed. 38. Deleted 15 39. OTHER STATUTORY DISCLOSURES. A. Chapter 558 Notice of Claim. CHAPTER 558, FLORIDA STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR COMMUNITY FACILITY. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAHING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. B. Florida Homeowners' Construction Recover~Fund. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND: PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-1039 (850) 487-1395. C. Real Estate Taxes. BUYERS SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAYBE OBLIGATED TO PAY IN THE YEARS SUBSEQUENT TO PURCHASE. A CHANGE IN OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. D. Homeowner's Association Disclosure Summary. ATTACHED HERETO AS EXHIBIT "D" IS A HOMEOWNER ASSOCIATION DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES WHICH IS HEREBY INCORPORATED IN AND MADE A PART OF THIS AGREEMENT. IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY 16 BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. E. Insulation Disclosure. Seller has disclosed to Buyer, as required by the applicable rules of the Federal Trade Commission that the type, thickness, R-value and location of the insulation Seller intends to install in the Community Facility, are as follows: None, as no insulation shall be installed by Seller. Buyer understands that the above information is based solely on the information provided by the manufacturers of such insulation products, and Buyer agrees that Seller is not responsible for any manufacturers' errors or discrepancies. All of the foregoing information is subject to Seller's rights, under this Agreement to make changes in the Construction Specifications, and to any applicable limitations of Seller's liability to Buyer. Pursuant to F.S., Chapter 553.996, Buyer acknowledges receipt of the Energy-Efficiency Standards published by the Florida Dept. of Community Affairs, which among other things, notifies Buyer of the option of obtaining, at Buyer's expense, anenergy- efficiency rating on the Community Facility. F. Radon Gas. Seller does not conduct radon testing with respect to the Property, and specifically disclaims any and all representations or warranties as to the absence of radon gas or radon producing conditions in connection with the Property. THE FOLLOWING PARAGRAPH IS PROVIDED FOR INFORMATIONAL PURPOSES PURSUANT TO FLORIDA STATUTES 404.056(8): RADON GAS IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH DEPARTEMENT. 40. ADDITIONAL DISCLOSURES AND DISCLAIMERS. Seller hereby discloses the following information to Buyer which Buyer should carefully evaluate in its decision to purchase the Property: (a) Buyer acknowledges that certain aspects of the Common Property may, in some cases, be unfinished as of the date of Closing, and that Buyer will accept such improvements and facilities in their "AS IS" condition as of the Closing Date. (b) Although the glass and windows in the Community Facility are impact-resistant, according to the manufacturer, Seller makes no representations as to the resistance qualities or capabilities of the glass windows or doors in the case of a major weather event. 17 (c) Buyer acknowledges Seller may obtain FNMA or FHLMC project approval; however, Seller is not required to obtain the approval. (e) Buyer acknowledges that any proposed Association budget provided to Buyer reflects estimated expenses, and, as an estimate, such expenses are subject to change between the time of Buyer's receipt of any proposed Association budget and the time such expenses are to be paid by the Association. The provisions of this Section 40 will survive Closing. 41. BUYER OPTIONS. In addition to Buyer's rights herein to purchase the Community Facility at Seller's cost, not to exceed $530,000.00, and as more particularly described in that Developer Agreement, of even date herewith, between Buyer and Seller, Buyer shall have to option, upon notice to Seller as described below, to: a) not proceed with the purchase of the Community Facility, but, instead, purchase Lot 12, only, to be used for park purposes only, with appropriate deed restrictions allowing only use as a park, and without any improvements thereto other than water service (using Buyer's water meter and Buyer bearing all water usage charges), landscaping and irrigation for the Lot 12, whereby Lot 12 shall be owned by Buyer (or the public for park purposes if so dedicated by Buyer or by Seller through an amendment of the Plat); or b) terminate this Agreement without penalty to Buyer if Buyer determines, in its sole discretion, that the purchase of Lot 12 for purposes of a Community Facility or a park is not in the best interests of Buyer. In the event Buyer elects to terminate this Agreement, Buyer shall not thereafter impose upon Seller, or any successor in interest, a requirement to construct any commercial improvements within the Project. Notwithstanding any other notice requirements herein, Seller shall notify Buyer in writing, at least sixty (60) days prior to applying for building permits for the building in which the Community Facility unit is to be constructed, that Seller intends to proceed with construction of such building ("Seller's Notice to Proceed"). Buyer shall notify Seller in writing within sixty (60) days of receipt of Seller's Notice to Proceed that Buyer has elected to: a) purchase the Community Facility unit at Seller's cost, not to exceed $530,000.00, as aforesaid; orb}purchase Lot 12, only, at Seller's cost of $200,000.00 for park purposes, as aforesaid; or c) terminate this Agreement without penalty to Buyer. In the event Seller does not receive notice of Buyer's election under this section within sixty (60) days of receipt of Seller's Notice to Proceed, Seller shall deem such failure to notify Seller as Buyer's election to terminate this Agreement, whereupon Seller may proceed with development of the Project without any requirement of commercial improvements. BY SIGNING BELOW, BUYER AND SELLER AGREE TO BE BOUND BY ALL TERMS AND PROVISIONS OF THIS AGREEMENT. ACCORDINGLY, BUYER IS HEREBY ADVISED TO CAREFULLY REVIEW THIS AGREEMENT AND THE HOMEOWNER DOCUMENTS, AND TO CONSULT WITH AN ATTORNEY OF BUYER'S CHOICE. If, after the execution of this Agreement, Buyer or any attorney on Buyer's behalf, informs Seller that Buyer desires or intends to terminate this Agreement, or that 18 Buyer is or maybe unable or unwilling to comply with any of the terms of this Agreement, then, at the option of Seller, same will constitute a default by Buyer. IN WITNESS WHEREOF, the parties hereto have sworn to and executed this Agreement as of the date first above written. SELLER: CANNERY ROW LLC, a Florida limited liability company By: Ironwood Development, Inc., a Florida corporation, its Managing Member By: Cary Glickstein, as President BUYER: CITY OF DELRAY BEACH By: Mayor, Rita Ellis Attest: City Clerk 19 EXHIBIT "A" PLAT 20 . ~ .. ~~ a~ ~~ ..~ >~ .,. o`n^ s .... . v ,, ppp k I o ~ {{.eFy~,IlII g 1Fr . b' _ i Y,~ 1 ~ o U J a C~ 4 I ~n as p orv rI ~ Nom- ~~~9 Yt I ~ ~I ,~ .Q W~ ~ p C~ b '~ ~ON ni o ,}lI ' :~i ~ ~.A -Dry ~ ~ Q~ ~~ ~ ~ °A o Si' o ~, 0 9 ., Q~~ olr I I J oe I" ~ ~ ~ - ~ . ~ ,cam Q I - O'aby ` 11YLME ~ ~ W ~ ~ Ob ~ W . we ~: O ~ Q~ m O _ I U• ,~~. r ,^. .. v l~ _ - I . ~ _ ~ I I ~tvmmi ~ ~ ~N }N5~ . MS ' ~ I V ~N a ~a ~i 1 I l h .~ b ~py '1 ~ 7 ~ . O . Y O L O D ~P: ~ I ~P wV:T X mm Dl0 J19 >t? ~ 9A l ! D~ o ~ p ~ D' IS Q FA41Ort 1 I .. ~ .~ 1 ti ~ Ob U `' C O'er ~,' '~ om j Y W ~.. Ow 3 O 2 ~ ZvL .. _ ? em~mmc . m romm~ _ L . _ _ -. ~ I h ~ ~ IIaY eatpl G4Vl:r i~ ~ . O ,~ M x =yip NO. p . L~ _ sus` ~,.~~ ------~-K£'-3J--~IF~/-------- -~ . ao aoa o ~.+~ex ' Ml ®IIM67 . QLt7C 7F, SLR]N917J o- $0.70 7F EXHIBIT "B" FLOOR PLANS AND ELEVATIONS 21 Z `°- d f~ V ~' W Z Q z g ~ a c~ ~ Z 0 Z m ® o J o J /~p`~ LL eye N cn-c Z `i'° !~ V Q i1~ LdJ ~_ _~ z a z 0 m 0 0 Z `~- O C'rJ W L~ lJ.J Z Z C3 ~-- _Z _~ z g a C7 z 0 m a 0 R 7 -~ ~t~~m "~N-Z W J 1l.. .r T pp pp i~ ~a- Q W Q J LL "C3 C N C'3 z 0 J m Q W Z Z U "~4H - Z ~ `~'° C~ Q W Q O O J lL M J m } W Z U ~~~m ~~tt- z ~- Q L!J F V1 ~'-- !~!~ ~..J Q ~. J v ~& ~~ ~~ z~ O O J W U3 O B J W L!J m :~' C`~ ^ ~ O W U EXHIBIT "C" CONSTRUCTION SPECIFICATIONS 22 Exterior I`inishes: - Smooth stucco finish on exterior walls, covered entry and porch ceilings, and soffits with stucco soffit crown molding. - Decorative, pre-finished aluminum (non-operative) shutters as per Elevations. - Painted, wood-wrapped steel and fiberglass columns at selected balconies, as per Elevations. - Pre-finished decorative balcony railing, as per Elevations. - Brick paver entr+~ walkway. - Sherwin-Williams (or equal) exterior flat latex paint on a!I stucco. - Sherwin-Williams (or equal) exterior semi-gloss enamel paint non-pre- finished doors and decorative columns. - Decorative Awnings at selected locations, as per Elevations. Interior Finisi'Oes: None. The Community Facility will be delivered as a shell structure, such that the interior will consist of exposed cmu (block walls), floor and roof trusses, plywood sheathing, and temporary stair system. V1~+indows and Exterior Doors: - PGT (or equal) pre-finished white aluminum, single-hung windows with impact-resistant tinted glass, and screens. - PGT (or equal} 8' pre-finished white aluminum storefront doors with impact-resistant tinted glass at 1St floor, with French doors at upper floors, as per Elevations. - Therms-Tru (or equal) 8' insulated, paintedlstained fiberglass, raised panel rear door. Air Conditioning and Heating: None Plumbing and Fixtures: 1" water service stub-out to interior wall, sewer line connection to first floor drain. Electrical and Fixtures: Single-phase 200 amp service to meter box and stub out to interior wall Fire Sprinkler: Water line stub out to interior wall. Landscaping and Vlfallcways: - Landscaping pursuant to Jerry Turner & Associates landscape plan. - Zoned sprinkler system utilizing city water on HOA meter. - Brick paver sidewalks; ADA compliant front entry. Insulation: None 2 Exterior Finishes: - Smooth stucco finish on exterior walls, covered entry and porch ceilings, and soffits with stucco soffit crown molding. - Decorative, pre-finished aluminum (non-operative) shutters as per Elevations. - Painted, wood-wrapped steel and fiberglass columns at selected balconies, as per Elevations. - Pre-finished decorative balcony railing, as per Elevations. - Brick paver entry walkway. - Sherwin-Williams (or equal) exterior flat latex paint on all stucco. - Sherwin-Williams (or equal) exterior semi-gloss enamel paint non-pre- finished doors and decorative columns. - Decorative Awnings at selected locations, as per Elevations. Interior Finishes: None. The Community Facility will be delivered as a sheN structure, such that the interior will consist of exposed cmu (b(oclc walls), floor .and roof trusses, plywood sheathing, and temporary stair system. 1iVindows and Exterior Doors: - PGT (or equal) pre-finished white aluminum, single-hung windows with impact-resistant tinted glass, and screens. - PGT (or equal) 8' pre-finished white aluminum storefront doors with impact-resistant tinted glass at 1St floor, with French doors at upper floors, as per Elevations. - Therma-Tru (or equal) 8' insulated, painted/stained fiberglass, raised panel rear door. Air Conditioning and Heating: None Plumbing and Fixtures: 1" water service stub-out to interior wall, sewer line connection to first floor drain. Electrical and Fixtures: Single-phase 200 amp service to meter box and stub out to interior wall. Fire Sprinkler: Water line stub out to interior wall. Landscaping and Walkways: - Landscaping pursuant to Jerry Turner & Associates landscape plan. - Zoned sprinkler system utilizing city water on HOA meter. - Brick paver sidewalks; ADA compliant front entry. Insulation: None SPECiFlCATION DISCLOSURES BUYEI•Z UNDERSTANDS AND AGREES THAW: All- dimensions and filoor plans are approximate, and all specifications, materials, features, finishes, equipment, and product selections are subject to change by Seiler without prior notice pursuant to the Purchase and Sale Agreement. Certain materials, features, finishes, equipment and products may appear on tree Floor Plans or Elevations fior one to+~vnl7o7ne mode! type but not on other #ownhome model types; thus, these Construction Specifiications are intended to include all such materials, finishes, equipment and products that Seller presently intends to use with the Project, but not necessarily on the Community Facility. Exterior paint color combinations will be determined by Seller, it its discretion based on appropriateness to the Elevations and location of the Community.Facility in relation to adjacent townhomes and/or townhome .buildings. Exterior features, such as landscaping materials, walls, trellises, amenities, fencing, gates, railings, light fixtures, and the colors, f;nishes and textures of such items, shown on any promotional materials may not be accurate representations of the improvements to be installed or constructed by Seller, and Seller is not bound by any such representations. Certain design features shown in the Floor Plans and/or Elevations are based on architectural software, such that cer#ain design features, including, without limitation, exterior doors, windows, entry gates, balcony posts and railings, decorative shutters, garage doors, brick and stucco facades, light fixtures, fencing, and roof materials may not be accurate representations of the items or materials to be installed by Se11er pursuant to these Specifiications, and Seiler is not bound by any such representations in the Floor Plans or Elevations. Only those items stated in these Specifications will be included in the Community Facility, subject to the provisions of the Purchase and Sale Agreement. The glass in the windows and doors are impact-resistant, according to the manufacturer. Seller makes no representation as to the resistance qualities or capabilities of the glass windows or doors in the case of a major weather event. EXHIBIT "D" DISCLOSURE SUMMARY FOR CANNERY ROW HOMEOWNERS ASSOCIATION IF THE DISCLOSURE SUMMARY REQUIRED BY CHAPTER 720, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THIS DISCLOSURE. AS A BUYER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION ("ASSOCIATION"). THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS ("COVENANTS") GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $330.00 PER MONTH. YOU WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. IFAPPLICABLE, THE CURRENT AMOUNT IS $0.00. YOU MAYBE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $ 0.00. 23 THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIl' OR THE APPROVAL OF THE PARCEL OWNERS. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED. OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER. BUYER DATE 24 MEMORANDUM To: MAYOR AND CITY COMMISSIONERS From: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR C~ ELIZABETH ALPERT, CD ADMINISTRATOR Through: CITY MANAGER ~SrS-}~1-C/~1 Subject: AGENDA ITEM # ~ ~• ~ -REGULAR MEETING OF JULY 24, 2007, YEAR 3 ACTION PLAN (2007-20081 ITEM BEFORE THE COMMISSION: Public Hearing and approval of the 2007-2008 Annual Action Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds, BACKGROUND: Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local planning documents as a condition of receiving federal assistance. Federal Regulation 24 CFR Part 91 governs the local plan submission and requires that each municipality submit an Annual Action Plan each fiscal year. Citizen participation is integral to the development of the Annual Action Plan. Grantees are required to provide at least two public hearings per year to obtain the public's views and to respond to proposals and questions. Any comments received from the public which are not accepted must be summarized and included in the final plan as an attachment. The attached Annual Action Plan provides a description of the City's plan to utilize CDBG funding for activities and programs consistent with the needs delineated in the Five Year Consolidated Plan. The Ciry CDBG entitlement for FY 2007-2008 will be $596,076 and has been categorized by the following objectives: HOUSING $266,956 Owner Occupied Housing Rehabilitation ' CDBG PROGRAM ADMINISTRATION $114,710 General management, oversight, and coordination of the CDBG program & CD Division Administration funding' is subject to a 20% cap PUBLIC. FACILITIES AND IMPROVEMENTS $100,000 Installation of.pedestrian sidewalks within the CDBG Target Area in support of the SW Neighborhood Redevelopment Plan. ECONOMIC DEVELOPMENT $25,000 Funds in support of various eligible technical assistance & economic development activities PUBLIC SERVICE $89,410.;... Funds in support of various eligible public service activities consistent with needs identified in the City's Five-Year Consolidated Plan and are subject to a 15% cap of annual allocation. TOTAL CDBG FY2007-2008 EXPENDITURES $596,076 )FUNDING SOURCE: Community Development Block Grant RECOMMENDATION: Approval of the 2007-2008 Annual Action Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds. Community Development Block Grant (CDBG) Annual Action Plan 2007 - 2008 Rita Ellis, Mayor Fred Fetzer, Vice Mayor Brenda Montague, Deputy Vice-Mayor Gary Eliopoulos, Commissioner Woodie McDuffie, Commissioner David T. Harden, City Manager City of Delray Beach Community Development Division 100 NW 1~ Avenue Delray Beach, Florida 33444 (561) 243-7280 Lula Butler, Community Improvement Director Elizabeth Alpert, Community Development Administrator Ferline Mesidort, Community Development Specialist Dennis Thompson, Housing Rehabilitation Specialist Steven Lee, Housing Rehabilitation Inspector Angela Bowen, Staff Assistant II o~Q*¢.~~,~ r~ra,~ya~~n ~ ~ ~* *~Third Program Year dG 111 ~w= ~B~N~~~~°Q Acton Plan The CPMP Third Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Narrative Responses .. ,.:. _ f~.L:. ~ ~.., ~ _- mss,.---.. _z. Executive Summary The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. Program Year 3 Action Plan Executive Summary: During the 2007-2008 program year, the City of Delray Beach will continue to implement its 2005-2010 Five-Year Consolidated Plan. CDBG program funds will be enhanced through leveraging State and Local resources as well as private mortgage funds. The City expects to receive $596,076 in CDBG funds for the 2007-2008 program year, $576,008 in State Housing Initiatives Partnership (SHIP) funds, $2,143,000 in DRI Program Funds and $149,000 in funding via revenue received from the repayment of an .Urban Development Action Grant (UDAG) investment in support of-our local Neighborhood Housing Program. 2007-2008. CDBG funds have been categorized into the following initiatives: Owner Occupied Housing Rehabilitation, Public Facilities and Infrastructure Improvements, Public Service (including funds in support of various social service activities as well as Fair Housing initiatives), Economic Development and Program Administration. General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed ` during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. Third Program Year Action Plan 1 Version 2.0 .lurisdiction 4. Identify the federal, state, and local resources expected to be made available to .address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Program Year 3 Action Plan General Questions response: Activities and programs funded in the 2007-2008 Annual Action Plan focus. on the area identified, as the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from Lake Ida Road (north) to Linton Blvd. (south) and from Interstate 95 (west) to U.S. 1 (east). This area includes the downtown business district and twenty-eight residential neighborhoods. The majority of the City's minority and low- to moderate- income population is concentrated within the 728 acres that make up this residential core. The area contains approximately 2,224 dwelling units, including single-family, duplex, and multi-family units. A variety of affordable housing units have come on line within the designated target area over the past 10 years including two owner- occupied single family subdivisions, 175 new infill single family units, 20 workforce town homes and a small amount of affordable rental units. During the next program year, the City will gain an additional 23 affordable rental units which are currently under construction. The LaFrance Apartments will consist of 14 one bedroom units and is designed to accommodate low- to moderate-income senior. citizens: 133 NW 5th Avenue will comprise of 9one-bedroom units which will be made available to low- to moderate- income residents upon its completion projected to be December 2007. The. activities that will be implemented in fiscal year 2007-2008 have been developed to address priority needs, strategies and objectives identified in the 2005-2010 Consolidated Plan. These priorities as stated in the five-year plan are to: ].,--Improve existing neighborhoods by constructing infill housing,. renovate existing housing, and make infrastructure improvements; 2 :=.Eliminate conditions detrimental to health, safety, and welfare of citizens .within the City; ,and 3 ~ Encourage.. private investment and economic growth within target area neighborhoods. In. 2007-2008, the City of Delray Beach will continue providing funding for a variety of housing and community development projects and programs designed to meet the diverse .needs of its citizens. On an on-going basis the City is involved with numerous initiatives and has forged successful partnerships with key agencies, to provide a wide array of services to residents in need. In August, 2006. the City opened the Delray Beach Neighborhood Resource Center (NRC). The NRC's mission is to enrich the quality of life of City residents and promote a sense of .community through the delivery and connection of services that educate, develop. financial management skills, and promote productive lifestyles. During program year 2007- 2008 the NRC office space will continue to serve as home to agencies such as the Delray Beach, Community Land Trust, United Way Prosperity Campaign, Families First, Coalition for Community Renewal (formerly Weed & Seed), CROS Ministries/ Caring Kitchen, as well as a 2 City funded positions including a Staff Assistant and Third Program Year Action Plan 2 Version 2.0 Jurisdiction Neighborhood Planner. The City will continue to utilize its unique network of homeowners associations to foster communication between the City and .the neighborhoods at the resident level. In doing so the Community Improvement Department can gain important feedback and citizen input from the .residents themselves and overcome obstacles as they present themselves. Managing the Process 1. Identify the lead agency, entity, and agencies responsible fora administering programs covered by the consolidated plan. 2: Identify the significant aspects of the process by which the plan was developed; and the agencies, groups, organizations, and others who participated in the .process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 3 Action Plan Managing the Process response: The City of Delray Beach is an Entitlement City that receives funding from HUD through the Community Development Block Grant program. The City's Community Improvement Department/ Community Development Division is responsible for overseeing the development of the Consolidated Plan and for implementing the CDBG program. The City provides technical assistance to individuals, businesses, and sub-recipient agencies participating in the CDBG program and works with them in developing, coordinating and implementing programs to serve the needs of the community. In addition the City continues its effort to streamline services and avoid duplication, maximizing overall resources and results. Community Development Division staff developed the Year 3 Action Plan. through analysis of demographic data, consultation with community groups and concerned citizens, meeting with individual contacts, consolation with public and private agencies, and discussions with other governmental agencies. Representatives of the following agencies either attended .meetings or were contacted individually for input:. The Delray Beach Housing Authority, The Delray Beach Community Redevelopment Agency, The Center for Technology, Enterprise and Development (TED Center), Achievement Centers. for Children and Families, CROS Ministries/ Caring Kitchen, Homeless Coalition for Palm Beach County, Fair Housing Center of the Greater Palm Beaches, Urban League of Palm Beach County, United Way of Palm Beach County, Families. First, Delray Beach Community Land Trust, Neighborhood Advisory Council, City of Delray Beach Planning and Zoning Department, and the Palm Beach County Department of Housing and Community Development. All 28 neighborhood association presidents from the CDBG target area were encouraged to attend meetings and participate in the Action Plan process. Information was extracted from the following. sources: US Department of HUD, 2000 census, Palm Beach County Housing and Community Development Division,. City of Delray Beach Local Housing Assistance Plan, and the Census and Survey of the Homeless Population in Palm Beach County, Florida. The City has formal partnerships in place with many of the partners listed above. Joint planning activities occur on an on-going basis to develop collaborative projects Third Program Year Action Plan 3 Version 2.Q Jurisdiction and initiatives consistent with the community's objectives. The City provides direct funding. for many of the programs and services provided by partner agencies and are directly involved in the monitoring and oversight of those programs and activities. The City has worked very closely with the Delray Beach Housing Authority, Community Redevelopment Agency and Delray Beach Community .Land Trust. to plan and ,put into action several affordable housing projects and initiatives. The City meets regularly with key members from these agencies, and has formed joint planning. committees and task forces to develop specific plans to address the areas most pressing housing needs. Among the current initiatives being collaboratively planned and/or implemented are a redevelopment plan for the City's own public housing complex, the Southwest Neighborhood Redevelopment Plan, the West Settlers Historic District Revitalization, the Downtown Master Plan, and the RACE initiative. Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within: the CPMP Tool. . Program Year 3 Action Plan Citizen Participation response: The City of Delray Beach's City Commission delegates responsibility for the preparation of the Consolidated Plan to the Community Improvement Department/Community Development Division. The Community Development Division is responsible for administering the City's housing and neighborhood services programs and develops and manages most agreements with outside agencies and provides housing and social services to residents throughout the City. For the past several years the City has been engaged in vital planning initiatives with citizens, non-profit organizations, and other community stakeholders to improve housing, social services, economic development, and livability conditions throughout the City. Third Program Year Action Plan 4 Version 2.0 jurisdiction Particular emphasis has been placed on involving residents within the CDBG target area in the planning process of the Annual Action Plan. The City has worked very closely with neighborhood associations and other community organizations to ensure that. the planning processes reflect the priorities of those most impacted. In addition, several grassroots planning bodies have been established to create opportunities for ongoing stakeholder involvement including: The West Atlantic Task Team (WATT) - a planning body consisting of representatives from all of the neighborhood associations and community organizations west of Atlantic Avenue; as well as the City Commission appointed 16 member Neighborhood Advisory Council (NAC). A Needs Assessment Meeting was held at the May 21, 2007 NAC board meeting. This allowed for public review of the plan and the opportunity to provide input.. As required by HUD, a public hearing is to be held on July 17, 2007 to obtain citizen input for the Action Plan. In addition to advertising the public hearing with 10 days prior notice, neighborhood associations, public agencies and other interested parties were notified by letter of the date, time, and location of the public hearing. The City also adverstised that the plan was available fora 30 day public comment period from 6/07/07 - 7/10/07 at City of Delray Beach Community Development Division, Delray Beach Housing Authority and the Delray Beach Public Library. Institutional Structure 1: Describe actions that will take place during the next year to develop institutional structure. Program Year3 Action Plan Institutional Structure response: ~ - The Year 3 Action Plan is to be carried out through a network of public, private, and non-profit organizations, many of which participated in the public participation process. The City's Community Improvement Department has been working with these agencies to construct affordable housing, improve neighborhoods, and establish services for all segments of the City's population. Measurable strengths •of the delivery system of housing and community development programs include the number of lenders and financial institutions participating in the Community Land Trust/ Purchase Assistance Program, as well as the number of foundations and non= profit agencies in .the community actively participating in a variety of activities benefiting the community. The City works very closely with the Delray Beach Housing Authority (DBHA) which currently manages the City's section-8 program. The DBHA is a public housing authority separately chartered under State law responsible to a Board of Directors. The City of Delray Beach City Commission appoints the seven-member Board of Directors for the DBHA. The DBHA Board hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review. of proposed. development sites, and comprehensive planning of the public housing authority., The DBHA submits a Public Housing Agency Plan which details the housing authority's plans for the next five years and their priorities (incorporated in this plan by reference).. Over the years the City Commission has supported the DBHA by providing.-funds for infrastructure improvements within the DBHA complex and providing funds to assist with the acquisition of property adjacent to the DBHA property for future expansion. Third Program Year Action Plan 5 Version 2.0 Jurisdiction Construction or demolition projects initiated by the DBHA are. subject to the City's permitting and inspection process. One of the strengths of the DHBA is the longevity of its administrative personnel. The Executive Director (formerly the Community Development Administrator for the City) has held that position for more than 10 years. This provides program continuity and stability. The largest gap for the DHBA is the need for additional affordable housing du,e to the loss of 198 units when the Housing Authority's only public housing facility was severely damaged by Hurricane Wilma on October 24, 2005. On October 27, 2005, the City of Delray Beach declared the units uninhabitable due to extreme structural damage caused by the hurricane. Consequently, the units remained. vacant with issues of safety, community health and unsightliness blight upon the neighborhood. In order to address this pressing issue, The City applied on behalf of the DBHA for funds from the Department of Community Affairs, Disaster Recovery Initiative 2005. In doing so, .the City secured $900,000 in funding to demolish the obsolete public housing complex known as Carver Estates. Plans are underway to build a diversity of housing choices for a mix of incomes, with a strong base of affordable housing units on a combined 50 acre site. The acres owned by the DBHA will consist of 264 attainable rental units under Florida Tax Credit Program. It is anticipated that the project will be built out by the end of 2008. A joint planning committee consisting. of the Directors of the Community Improvement and Planning & Zoning Departments, the Executive Director of the Community Redevelopment Agency, the Executive Director and Economic Development Coordinator of the Delray Beach Housing Authority along. with their contracted consultant and the selected developer, Auburn Group. This committee meets monthly to review the proposed project site plan; define roles of each partner and challenges associated with meeting all of the Land Development requirements while trying to achieve the desired number of affordable and workforce housing units. Monitoiring ~ - 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program. requirements and comprehensive planning requirements. Program Year 3 Action Plan Monitoring response: During the 2007-08 program year, the City of Delray Beach will conduct random one site monitoring visits to selected housing rehabilitation projects from the-past i2µ18 months. Additionally, the Division conducts on site visits to each public service sub= recipient every other year to ensure compliance with all federal regulations and City policies. In addition, all documentation pertaining to subrecipient activities and monitoring is retained at the Community Development Division. Files include site visit reporting, before and after condition assesments and evaluations of measurable results. Lead-based Paint Third Program Year Action Plan 6 Version 2.0 Jurisdiction 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. Program Year 3 Action Plan Lead-based Paint response: The City will continue to implement its housing related activities in a manner which assesses lead-based paint risk throughout the target area. When providing assistance under housing programs, the City consistently provides all clients and potential clients with the "Lead-Based Paint" pamphlet that describes hazards of lead-based paint. The City will continue to utilize the services of a certified lead- based paint professional to conduct lead inspections and risk assessments. The City requires contractors who participate in the Housing Rehabilitation Program to conduct all work in a manner conducive with lead safe work practices. H Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook, 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the -next year. 2. Describe how Federal, State, and local public and private sector resources that 'are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 3 Action Plan Specific Objectives response: The City's primary focus over the next year will continue to be the development and maintenance of affordable housing within the jurisdiction. The City plans to accomplish approximately 16 substantial housing rehabilitation projects, at least 8 of which will be committed to homeowners at or below 50% of the area median income. In addition the City plans to complete improvements to at least 3 homes within the historic Westsettler's District with the use of CRA funds. A combination of CDBG, DRI and SHIP funds will be used to fund the City's housing objectives. At least 10 new homeownership opportunities will be provided for low- to moderate-income households under our sub-recipient partnership/purchase assistance program. The renovation of the historic La France Hotel, located in the West Settler's Historic District, will provide 14 affordable rental units for low- to moderate-income seniors. The renovation of 133 NW 5th Avnue will provide 9 affordable rental units for low- to moderate-income individuals. SHIP(HHRP) funds have been utilized to fund these objectives, Third Program Year Action Plan 7 Version 2.0 Jurisdiction Federal, state and local resources will be utilized to provide direct assistance to eligible households, as well as to leverage private investment in the area. The City expects to receive $596,067 in CDBG funds for the 07-08 program year, $576,008 in State Housing Initiatives Partnership (SHIP) funds, and $149,000 in funding assistance via revenue received from the repayment of an Urban Development Action Grant. (UDAG) investment in support of our local Neighborhood Housing Program. The City also expects to receive $2,143,000 over the next two years in 2005 Disaster Recovery Initiative (DRI) funds from the State of Florida Department of Community Affairs. More specil=lcally, $900,000 of these funds will be utilized towards the Demolition of Carver Estates project, $990,500 in funds will be utilized towards a CDBG target area Rehabilitation and Hardening Program and $252,500 will be utilized to extend the paving of SW 7th Avenue and Mango Drive for the purpose of creating .access to lots owned by the Community Land Trust for the construction,of additional in-fill affordable housing. All of the City's housing programs are available to eligible very low-, low-, and moderate-income families and households. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the - needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Program Year 3 Action Plan Public Housing Strategy response: In July of 2006, Community Development Staff applied on behalf of the Delray Beach Housing Authority through Palm Beach County Housing and Community Development for funds to assist in disaster relief, long term recovery, restoration of housing and infrastructure funding under the 2005 Department of Community Affairs Disaster Recovery Initiative (DRI). Under this initiative the City was granted $900,000 in funding to demolish 200 units within Carver Estates as well as the administrative buildings/offices of the Delray Beach Housing Authority. Funds have been received and demolition is expected to take place by the end of the 2006-2007 fiscal year. Once the Carver Estates site has been cleared plans are underway to build amixed- finance, mixed-income community which will include both rental and for-sale housing on 18 acres. It is anticipated that the project will be built out by the end of 2008. Eligible. families will be provided assistance through the United Ways. IDA Savings Program and have been invited to join in the United Way of Palm Beach County's Prosperity Campaign which includes elements such as credit counseling, educational opportunities and assistance with all aspects of the homeownership process. Many Third Program Year Action Plan 8 Version 2.0 Jurisdiction of these activities will be facilitated through the City's Neighborhood Resource Center. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 3 Action Plan Barriers to Affordable Housing response: Eliminating barriers to affordability has been the primary objective of the Community Land Trust program since its inception in 2006. In July of that year the City transitioned its First Time Homebuyer Program, which provided traditional down payment assistance, into aSub-recipient Partnership Program with the Community Land Trust (CLT) for the purpose of creating affordable homeownership opportunities. Under the Sub-recipient Housing Partnership Program, subsidy is awarded (based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs of CLT units. This strategy enhances each unit's affordability by keeping the subsidy joined to the unit as opposed to the occupant. Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit's affordability in perpetuity. During the 07-08 program year SHIP funds will be utilized for this purpose. The City currently utilizes its Workforce Housing Ordinance in an effort to create additional affordable and workforce housing throughout the City. The ordinances relax some regulatory (zoning) restrictions in designated areas, allowing increased density in exchange for affordable housing units. The City expanded the program in 200.7 to include additional RM zoned areas throughout the City. HOME/ American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described in § 92.205(b). 2. If the- participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in §92.254 of the HOME rule. 3. If the PJ wilt use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. Third Program Year Action Plan 9 Version 2.0 Jurisdiction d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Program Year 3 Action Plan HOME/ADDI response: The City of Delray Beach does not receive HOME/ADDI funds. ,. , .fit t .~ ~;~ : „ ~, ~ ~ ~ ' ~`'~~ - . ...,~aa'~~w ~3w.a.:~~'s~d...~....a'+se~ _X~s.a'$_•~i- a8' Specific Homeless Prevention Elements *Please also 'refer to the Homeless Needs Table in the Needs.xls workbook. 1. Sources of Funds-Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness-In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3: Chronic homelessness-The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness. Prevention-The jurisdiction must describe its planned action steps. over the next year to address the individual and families with children at imminent risk of becoming homeless. Third .Program Year Action Plan 10 Version 2.0 Jurisdiction 5. Discharge Coordination Policy-Explain planned activities to imp-ement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 3 Action Plan Special Needs response: The Palm Beach County Continuum of Care is the countywide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Homeless Coalition of Palm Beach County is responsible for developing the Continuum of Care strategy based on information provided by the Continuum of Care Planning Committee. The Homeless Coalition of Palm Beach County's Board of Directors is a community-based Board with representatives from government, business, formerly homeless individuals, law enforcement, banking, housing, service providers, faith groups, education, veterans and health care. The Homeless Coalition oversees and coordinates the Continuum of Care Planning Committee and all its sub-committees. The Coalition collaborates with community task forces to make sure crucial data is included in the Continuum planning process. The Continuum of Care planning occurs through an inclusive process consisting of the Continuum of Care Planning Committee and the following subcommittees: the Bed and Gaps Committee, the HMIS (technology) Steering Committee, the Standards of Care Committee, the Mainstream Resources Committee, the Glades .Homeless Committee, the Service Provider Network, the Emergency Shelter Grant Program Board (ESG), Consolidated Plan Committee, Discharge Planning Committee and Family Empowerment Committee (FEC). The Continuum of Care system begins with the Homeless Management Information System or HMIS, which includes a telephone hotline as well as a countywide computer database accessible to all service providers. The hotline is operated by the Center for Information & Crisis Services, which also refers to HMIS as CMIS (Client Management Information System). A countywide one day "point-in-time" count was conducted by the Homeless Coalition in January 2005. The report showed 54 unsheltered homeless individuals in Delray Beach, or 13% of the total counted in the County (Source: Palm Beach County Homeless Continuum of Care Point-in-Time Homeless County, January 26, 2005 Noon to January 27, 2005 Noon). C.R.O.S. Ministries, which operates the Caring Kitchen, a hot meal program, located in the City's CDBG target area, reported serving an estimated 500 homeless persons, primarily male individuals, in 2006. The data on meals served is not recorded as Unduplicated .individuals; i.e., the same individual may be .served on multiple days and be counted once for each meal. Of the estimated 500 homeless, the Center Director indicated that approximately 5 or 6 male individuals show up repeatedly on a weekly basis to receive a hot meal. The food pantry in Delray Beach, also operated by C.R.O.S. Ministries, provides groceries for homeless and low-income while they are pending food stamps or in other crises. Of the total 6,832 persons who received service in 2006, an estimated 5% were homeless. Third Program Year Action Plan 11 Version 2.0 Jurisdiction An interview with two Delray Beach Police Officers revealed that no homeless persons are observed on the streets of Delray Beach. Occasionally, they will find homeless persons living in the woods outside the City limits and will refer them to appropriate agencies. In addition, they indicated that because the hot meal program is open to anyone who walks in, the homeless population from surrounding municipalities come to Delray Beach for the hot meal and then leave because there are no overnight shelter facilities in Delray Beach. Based on both the point-in-time count and the information cited above, it is estimated that on a given day there are an average of 59-60 homeless persons present in the city limits of Delray Beach, all of them adult males. One shelter for abused spouses, AVDA (Aid to Victims of Domestic Abuse), operates in Delray Beach. According to AVDA's records 12 persons from Delray Beach took shelter at their facility, five of whom were children. Detailed demographic data on the homeless subpopulation is not available for Delray Beach, or on the extent of homelessness by racial or ethnic group. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 3 Action Plan ESG response: Not Applicable '; .: .~. ' .ri .~.. ~~s~ Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the :jurisdiction's priority non-housing community development .needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 26), public facilities, public :improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Third Program Year Action Plan 12 Version 2.0 Jurisdiction Program Year 3 Action Plan Community Development response: The City of Delray Beach's priority non-Housing Community Development needs objectives are as follows: CD Objective 1: Economic Devlopment -Total Allocation $25,000 Utilize CDBG funds to provide businesses located in, or will be located, within the established CDBG target area for any activity where the assistance is appropriate to carry out an economic development project. CD Objective 2: Public Service -Total Allocation $89,410 Utilize CDBG funds to provide for a wide range of activities which include, but are not limited to, senior services, crime prevention, child care, youth services, anlaysis of fair housing impediments and fair housing related activites, recreational services, tenant/landlord counseling and employment training. CD Objective 3: Program Administration -Total Allocation $114,710 Funds are provided for the overall administration of the CDBG program and Community Development Division Administration CD Objective 4 Public Facilities & Infastructure Improvements -Total Allocation $100,000 Utilize CDBG funds to rehabilitate public facilites as well as for public improvements to infastructure located within the CDBG target-area. Specific long-term and short-term objectives the City has identified for the next five- years are as follows: * ;Utilize the newly remodeled Neighborhood Resource Center (located at 141 & 145 SW 12th Avenue) to provide awide-range of services and resources for individuals, families and neighborhood organizations. • Provide homeownership opportunities through the City's first-time homebuyer's program in partnership with the Community Land Trust (CLT). • Provide .tenant/landlord counseling and mediation services utilizing the City's Landlord Inspector position. • Provide a wide range of educational, cultural, and recreational services to youth through support. of the public service programs. • Preserve the existing stock of affordable housing units by Providing housing assistance to low- to moderate-income households through the City's housing rehabilitation program. • Utilize enhanced Code Enforcement initiatives incorporating personal, contact, streamlined Code Enforcement Board process and educational campaign to eliminate nuisiances and blighted conditions affecting the quality of life in the CDBG target area. • Implement a comprehensive Litter-Prevention initiative, promote the use of Neighborhood Pride Grants and other self help projects designed to assist in the Commission's goal of achieving a "Clean City." Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 3 Action Plan Antipoverty Strategy response: Third Program Year Action Plan 13 Version 2.0 Jurisdiction The goals, objectives and actions outlined in this 2005-2010 Consolidated Plan and in this 2007-2008 Action Plan are intended, in all cases, to assist those currently living in poverty by providing them with resources to move out of poverty, or to assist those in danger of moving into poverty to remain out of poverty. The City's holistic approach to community development provides various programming efforts and ihitiatives aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. The Florida Housing Finance Corporation approved the 2007-10 Local Housing Assistance Plan (CHAP) prepared by the City's Community Development Division. The CHAP includes local housing assistance strategies for utilizing SHIP funds, and local housing incentive strategies for affordable housing development. The City is unable to assess the extent to which its current housing policies and programs might assist in reducing the number of households with incomes below the poverty level. The Delray Beach Housing Authority's Family Self-Sufficiency (FSS) Program serves as an anti-poverty tool. The program provides a holistic approach to service delivery that includes homeownership, adult education, vocational training, social and economic counseling, employment counseling and placement, medical screenings, and transportation assistance. Afamily-centered approach is utilized as well, so that the needs of each family are addressed. To date the program has assisted over 20 families in obtaining homeownership. In addition, the DBHA applies for Section 8 rental assistance whenever HUD makes funds available. Both the City and the DBHA follow HUD guidelines pertaining to Section 3, -which require contractors working on projects funded with HUD dollars to be diligent in attempting to hire low-income persons. This has the potential of reducing poverty. The City is the fiscal agent fora $769,009 grant from Children's Service Council, we partner with two non-profit partners, Achievement Center for Children and Families and Families First to carry out approved services. This grant facilitates services provided by the Beacon Center at Village Academy Elementary School, a public deregulated neighborhood school located within the CDBG target. Beacon Centers, which targets low income residents, are partnerships between the local government, schools, community-based organizations and community leaders. Beacons provide academic,. social, recreational and culture actititivies for both the child and family to create supports leading to optimal development of the child, healthy family functioning and building the capacity of the neighborhood in which it sits. ~ ~ ~.M1~ ~'~_ ` c j - c}~ ~ ~ '. s'__Yi ~ t X23 kh` 3-T t~ Er r-~' z' Non-homeless Special Needs (91.220 (c) and (e)) *Pfease also' refer to the Non-homeless Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs Third Program Year Action Plan 14 Version 2.0 Jurisdiction for the period covered by this Action Plan. Program Year 3 Action Plan Specific Objectives response: Although the City will use relatively few, if any Consolidated Plan resources to meet the needs of the Special Needs population during the next year, through its holistic approach to community development the City hopes to meet some of those needs. Through its partnership with the Delray Beach Community Land Trust, the City will continue to provide increased housing opportunities for public assistance families to purchase their first home which meet ADA requirements, accessibility for the disabled will continue to be addresses as a component of the City's housing rehabilitation program, funding provided to small businesses for economic development activities will require job creation for low-income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources, including the City's CDBG allocation. Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs.xls workbook. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs. of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program. adjustments or future plans., 4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non-regulatory) encountered, actions in response Third Program Year Action Plan 15 Version 2.0 Jurisdiction to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 3 Action Plan HOPWA response: Not Applicable Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year 3 Specific HOPWA Objectives response: Not Applicable ,+ fi`k ,; _._ K ~~ ~ ~ ~• ,. - ._ t s .,,,- ~ ... _. ,- ~-.. Include any Action Plan information that was not covered by a narrative in any other section. Third Program Year Action Plan 16 Version 2.0 Agenda Item No.: ~~ AGENDA REQUEST Request to be placed on: Date: July 18, 2007 x Regular Agenda Special Agenda: Workshop Agenda .Consent Agenda When: July 24, 2007 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Public Hearing and approval of the 2007-2008 Annual Action Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds RECOMMENDATION Approval of the 2007-2008 Annual Action Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds Department Head Signature: City Attorney Review/Recommen ation (if applicabl ): Budget Director Review (required on all items involving expenditure of funds): Funding Available:. ,YES/NO Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda:. ~ YES NO Hold Until: Agenda Coordinator Review: Received: Placed. on Agenda: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD HOGGARD, AICP, PRINCIPAL PLANNER'~'~~:`^'z~' ~ ' PAUL DORLING, AICP, DIREC-T~O~RPL~ANNING AND ZONING N '"-'., THROUGH: CITY MANAGER Q~~y~t~ DATE: JULY 17, 2007 ~` SUBJECT: AGENDA ITEM # ~ ~ • A -REGULAR MEETING OF JULY 24 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.3.4 "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(K) "DEVELOPMENT STANDARDS MATRIX", AND SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL fRM) DISTRICT", SUBSECTION 4.4.6(A) "PURPOSE AND INTENT". TO ADD REFERENCES TO THE CARVER ESTATES OVERLAY DISTRICT AND INFILL WORKFORCE HOUSING AREA. ITEM BEFORE COMMISSION The item before the Board is that of approval of aCity-initiated amendment to the Land Development Regulations to add references to the Carver Estates Overlay District and Infill Workforce Housing Area to the Development Standards Matrix for Residential Zoning Districts and to the "Purpose and Intent" section of the RM (Multiple Family Residential -Medium Density) zoning district. BACKGROUND On April 4, 2006, the City Commission adopted Ordinance No. 18-06, to expand the Family/Workforce Housing Program by providing additional opportunities and incentives for the provision of workforce housing. These modifications included an increase in the .maximum density for the "Carver Estates Overlay District" from 12 units per acre to 24 units per acre and the creation of a new overlay district, the "Infill Workforce Housing Area," with a maximum density of 18 units per acre. With the adoption of Ordinance No. 18-06, the proposed references should have been added to the Land Development Regulations. Since they were not added, the purpose of this amendment is to correct that oversight. Additional background and analysis is provided in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 16, 2007. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote (Glickstein, Perez-Azua and Pike absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. City Commission Documentation, Meeting of July 24, 2007 City Initiated LDR Text Amendment Pertaining To Workforce Housing Overlay Districts RECOMMENDATION By motion, approve on first reading Ordinance No. 24-07, amending Land Development Regulations (LDR) Section 4.3.4 "Base District Development Standards", Subsection 4.3.4(K) "Development Standards Matrix", and Section 4.4.6 "Medium Density Residential (RM) District", Subsection 4.4.6(A) "Purpose and Intent", to add references to the Carver Estates Overlay. District and the Infill Workforce Housing Area, 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 the criteria set forth in LDR Section 2.4.5(M)(5), with second reading to occur on August 7, 2007. Attachments: ^ Ordinance No. 24-07 ^ Planning & Zoning Staff Report of July 16, 2007 2 ORDINANCE N0.24-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", AND SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(A), "PURPOSE AND INTENT", TO ADD REFERENCES TO THE CARVER ESTATES OVERLAY DISTRICT AND INFILL WORKFORCE HOUSING AREA; 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 July 16, 2007, and voted 4 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 4.3.4 "Base District Development Standards", Subsection 4.3.4(K) "Development Standards Matrix", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: r U_ H ~_ I~ V Z Z N J LQ r Z W ~_ W X {i. Ca G Z H Z W a 0 J `W W 2 W a ~ 6 yJ Q fq K (O K Z QJ GC _ Z Q Q ~ ~ W b N D v H S N ~ N N ~ M M M M Q W ... th in w n N y w Q Q Q Z a ~? ~ ~ W Z j Q ~ j Q E ~ N w Z ~ /1 ~ d f 7 Z IL ~. N O N O O Q ~... ~ N 8 a- N p c c c ~ ~ n Vl ~, °b ~ o Y U ? ~ W `. _ W G YI r !~ r N O N ~ O o ~ N K a ~ N F- b N N N « z C -- ~ N N m O ~ « W ~ M ti M _ N ~ N N 7 2 W C 1- Z O N W~ v ~ ~ ~ W 7 UUa ~ Q W X J ~ ~ °a °a ° z f Q v f ~ 4 Q ~ o V~ o N 0 N 0 N 0 h 0 h 0 N 0 O 0 N 0 S ~ Z Q LL ~,,, ~ Z ~ w Q Z U °o °o o° o ~ o o z J ~ ~ e m ` ° z ~ LL S O a J W O « °0 0 0° o °o o° °o ¢ Z °o Z 2 H F V ~ Q >` O O O O S NQ~ Y3 O c°0 O apO O O 10 ~ Q Z a00 ° a O Q Z ~ m fn m a f~ N~ N N ~ o $ o ° a ° o o o o $ ° g w ¢ O c Z J N U Q U Q 'n N o v ~ u > m - o Y m V z •. < Q N ~ o .~ m c _ c .' ~ c° > r r - r _ J _ O `D Q Q C K r ~ r K K K K K d' J J d K ~ ~ N ~ ~ J d 1' f ~ N K d U N a ul m ~ « ._ D c c c ~ a e E ~ o U w r a U 3• n 3 e E E ~ rc g a _ ~ y ~ E ~ ~ `_ -°~ m ~ j C G «! d ~ L ~ N O Q R' Vl J ~ d `t u T W O O 0 ~ a .0 L Z O ~ O C 4 `~ t ~ o w ~ 9 °u m m ~ U yy _T H L c ~ 2 m c H ~ ~Ea,m a m o _ v ~ ~ t - s C P gg~~ -~cba Z. v W E E n W V :~ O . ay?~No a°EaH'c `oa '0E v ~ ~~n n °'92,0 ~- _ u° -° a nm as a 9 T ~x > y d d W ` ~ O ~ ~ d x+ o y-°,t7 o Z~ o w n m c~~ m 9" 'd j T'in ~ j fn C 3 ~ ~ „ o L _~~"~ gin` ~o v - a m e o v a '" m m H u m o a 'm `o E E rn ~ c u E. m.o g ~ x m d"Ev v m'- ~ fnQ mlgf~ u x u x u n N.i avim m .t t~Z~Z j a m m ~ m a ~oo oo oo oo .no t arum ~~ T ~ ~ '_ EE ~ eQ ~ ~ _ E 3E ~°e n~ y y C K m N W ry m 0] x] '^ n~ L' ~ H ~ ° ~ ~ XD W OF F-lLL o. ' ^~-' E o E E o o LL E $ E w ~ m E o~ Z ~ a'- p m 7 ^ N d C o: E Section 3. That Section 4.4.6 "Medium Density Residential (RM) District", Subsection 4.4.6(A) "Purpose and Intent", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (A) Purpose and Intent: The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre, except within the Southwest Neighborhood Overlay District and the Carver Estates Overlay District where the maximum density is twenty-four (24) units per acre, and within the Infill Workforce Housing Area, where the maximum density is ei hteen (18) units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Southwest Neighborhood Overlay District, the Southwest 10`h Street Overlay District, a~ the Carver Estates Overlay District, and the Infill Workforce Housing Area, the actual density is also based upon the development's ability to comply with Article 4.7 (Family/Workforce Housing). Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which call for accommodating a variety of housing types. 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 , 200_ ATTEST City Clerk MAYOR First Reading Second Reading PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JULY 16, 2007 AGENDA NO: III. B. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.4 "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(K) "DEVELOPMENT STANDARDS MATRIX", AND SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(A) "PURPOSE AND INTENT", TO ADD REFERENCES TO THE CARVER ESTATES OVERLAY DISTRICT AND INFILL WORKFORCE HOUSING AREA. "'ITEM BEFORE THE BOARD'` The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations to add references to the Carver Estates Overlay District and Infill Workforce Housing Area to the Development Standards Matrix for Residential Zoning Districts and to the "Purpose and Intent" section of the RM (Multiple Family Residential -Medium Density) zoning district. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND'! ANALYSIS ~ On April 4, 2006, the City Commission adopted Ordinance No. 18-06, to expand the Family/Workforce Housing Program by providing additional opportunities and incentives for the provision of workforce housing. These modifications included an increase in the maximum density for the "Carver Estates Overlay District" from 12 units per acre to 24 units per acre and the creation of a new overlay district, the "Infill Workforce Housing Area," with a maximum density of 18 units per acre. With the adoption of Ordinance No. 18-06, the proposed references should have been added to the Land Development Regulations. Since they were not added, the purpose of this .amendment is to correct that oversight. REQUIRED FINDINGS 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. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Fufure Land Use Element Objective A-7: To encourage the provision of workforce housing in the City, the following policies shall be implemented. III.B. Planning and Zoning Board Memorandum Staff Report, July 16, 2007 Amendment to LDRs Pertaining to Workforce Housing Overlay Districts Page 2 Policv A-7.7: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program" The concept is that for every workforce housing unit that a developer builds, a calculated number of market rafe units greater than would be allowed otherwise may be built. Policv A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum densify of 40 units per acre excepf within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The I-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10~'' Street Overlay Disfrict shall have a maximum density of 72 units per acre. • All other Overlay Districts shall have a maximum density of 78 units per acre. While this amendment is corrective, it's inclusion in the LDRs is a necessary part of the overall implementation of the City's Family/Workforce Housing Program, which furthers this objective and policies. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to add references to the Carver Estates Overlay District and the Infill Workforce Housing Area within the Land Development Regulations to allow the requirements of the applicable Sections to be interpreted as they were intended. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). ~ RECOMMENDED ACTION Move a recommendation of approval to the City Commission for aCity-initiated amendment to the Land Development Regulations Section 4.3.4 "Base District Development Standards", Subsection 4.3.4(K) "Development Standards Matrix", and Section 4.4.6 "Medium Density Residential (RM) District", Subsection 4.4.6(A) "Purpose and Intent", to add references to the Carver Estates Overlay District and the Infill Workforce Housing Area, 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 the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: • Proposed Ordinance s:\planning & zoninglboards\p&z boardlldr amendment workforce housing overlay districts.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JASMIN ALLEN, PLANNER rn~-~C~~~~ MARK MCDONNELL, AICP CTING DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER ~~ ~ ~t~~v ~s+s1~~f-G~1 DATE: JULY 18, 2007 SUBJECT: AGENDA ITEM # ~ ~ • U -REGULAR MEETING .IU1 v ~a ~nm CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 2.4.2 "NOTICE REQUIREMENTS" AND SECTION 2.4.3(K) "FEES" TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATIONS. PLAN CHECK FEES AND BUILDING PERMIT FEES. ITEM BEFORE COMMISSION The item before the Board is that of approval of an amendment to the Land Development Regulations to provide for an increase in development applications, plan check and permit fees. BACKGROUND During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. In 2005, an LDR amendment was processed that increased the development application fees by 5% as well as provided for significant adjustments for zoning verification letters and for Certificates of Appropriateness (COA) requests as they related to demolitions, new construction and additions in historic districts that required Board review. Staff has researched adjacent municipality fee schedules for similar development activities and has determined that an additional increase in the Development Application fees of 5% is justified. In addition, significant increases are also proposed for Amendments to the Comprehensive Plan, Rezoning, Amendments to the Land Development Regulations, Conditional Uses, Abandonment of rights-of-way and Variances, as the current fees for these applications were found to be well below the average fees charged by those municipalities surveyed. The proposed changes also include increasing the review fee for single family homes within the North Beach/Seagate and Ocean Neighborhood Overlay Districts to $850.00 to reflect increases proposed in the renewal contract between the City and Urban Design Studio; and, a new fee for advertising and recording costs. Currently, initial advertising costs are paid by the City, and the applicant is responsible for the cost for re-advertising if the project is postponed or modified by the applicant. The proposed change would require the applicant to pay for all the advertising costs, including newspaper publications, and to provide self-addressed envelopes with the required postage for mailed notices. Finally, increases in all categories of building permit fees and the addition of some new fees are proposed based on the substantial review and comparison to other municipalities and Palm Beach County. Staff is also recommending a plan check fee, calculated at one half of the assessed permit fee, be paid when building plans are submitted for application, thus requiring the plan check fee for all permit applications regardless of the construction value. The plan check fee will be credited to the cost of the applicable permit at the time of issuance. City Commission Regular Meeting of July 24, 2007 City Initiated Amendment to the LDR Regarding Increasing the Development Application, Plan Check and Permit Fees. Additional background and analysis is provided in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 16, 2007. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 25-07, amending Land Development Regulations (LDR) Section 2.4.2 "Notice Requirements" and Section 2.4.3(K)(1)(2)&(3) "Development Applications", "Plan Check Fees", and "Permit Fees to provide for increases to the fee schedule, 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, with second reading to occur on August 7, 2007. Attachments: ^ Ordinance No. 25-07 ^ Planning and Zoning Board Staff Report of July 16, 2007 2 ORDINANCE NO.25-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 2.4.2, "NOTICE REQUIREMENTS"; SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(x), "FEES", SUB-SUBSECTION 2.4.3(x)(1), "DEVELOPMENT APPLICATIONS", 2.4.3(x)(2), "PLAN CHECK FEES", AND 2.4.3(x)(3), "PERMIT FEES", TO PROVIDE FOR CERTAIN COSTS TO BE PAID BY AN APPLICANT AND TO INCREASE THE DEVELOPMENT APPLICATION, PLAN CHECK FEES AND PERMIT FEES CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE 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 July 16, 2007, and voted 4 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 2.4.2, "Notice Requirements", 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: Section 2.4.2 Notice Requirements: The City Commission, the Planning and Zoning Board, and other Boards which are involved with the implementation of these Land Development Regulations shall conduct meetings and shall provide public notice of their tentative actions pursuant to this Section. All costs incurred by the City for advertising, providing notice and recording of any documents shall be paid by the Applicant. Section 3. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K), "Fees", Sub-subsection 2.4.3(K)(1), "Development Applications", 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: Section 2.4.3 (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment $ `'~ 2,500 (b) Review of a ADA/DRI $ 3,-055 3,640 Modification of a DRI $ ~~- 1.215 (c) Voluntary Annexation with Zoning $ ~-,-AFB 1,105 (4) (d) Rezoning of Land $ ,399 2,000 (e) Modification of a SAD Ordinance to add a use or uses $ x-;399 2,000 (f) Conditional Uses, New Application $ x;958 1,500 Modification requiring Board Review $ 5g8 610 (g) Master Plans $ 4~5 1,215 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 558 610 (i) Similarity of Use $ 398 305 (j) Site Plan Review: Class I (Non-Impacting Modification} $ a-85 110 Class II (Non-Impacting with Board Review) $ X1-8 225 Class III (Minor Modification) $ 525 550 (1) Class IV (Major Modification) $ >~ 915 (1) Class V (New Submission) $ 4~5 1,215 (1) 2 ORD. NO. 25-07 (k) Extension requests for a previously approved $ ~9 610 conditional use or site plan (only one fee is required if both items are being extended for one project) (I) Plats Minor Subdivision $ ~A 915 (1) Major Subdivision $ 1,825 (1) Plat Recording Fee (3) (m) Abandonments Right-of-way $ ~A 750 General Easements $ ~A 370 Specific Easements $ ~ 185 (n) Master Sign Program $ ~A 150 (o) Variance through the Board of Adjustment or the $ ~a-9 500 Historic Preservation Board (p) Formal interpretation by the Board of Adjustment $ ~ 60 (q) Certificate of Appropriateness by Board Alterations and/or Repairs $ ~ 60 (2) New Construction and Additions $ 5~ 555 (1) Demolition and Relocation $ 5~ 555 (r) Certificate of Appropriateness by Administrator $ 0 (s) Request for Historic Designation $ 55 60 (t) Hearing before the Board of Construction Appeals $ 55 60 (per item) $ 55 60 (u) Temporary Use Request involving City Commission $ ~9 130 Action (v) Water Service Agreement Request - - without concurrent site plan $ ~9 130 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change $ ~9 1500 (x) Waivers and Internal Adjustments $ ~8 130 per request (6) $ X35 250 per request (7) 3 ORD. NO. 25-07 (y) Appeals by Applicant $ ~ 335 (8) (z) Re-advertising (g) (aa) Zoning Verification Letter $ 448 120 (bb) Single Family Overlay District Site Plan Review $ X59 850 (1) (cc) Application Fee for In-Lieu Of and Public Parking Fee $ 248- 225 (10) Requests NOTES: (1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. (4) Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. (5) Same fee that would apply for site plan modification. (6) For requests made during the site plan /master plan review process. (7) For requests made subsequent to the site plan /master plan review process. (8) Includes appeals of both administrative decisions and Board actions. g Awor4ic~inn ,.,,~.~ . The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide self-addressed envelopes with the recLuired_postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. (10) If approved, this fee will be credited toward the associated site plan modification. Recording fees of any documents shall be paid by the Applicant. Section 4. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K), "Fees", Sub-subsection 2.4.3(K)(2), "Plan Check Fees", 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 4 ORD. NO. 25-07 read as follows: (2) Plan Check Fees: t#e-l~ild+ag~~ (a) The Plan Check fee shall be paid when bei~q-plans are submitted to apply for the applicable permit. The fee shall be equal to one-half (1/2) of the ~ild+a~ permit fee [see item (3)4#)]. This Plan Check fee shall be credited to the cost of the applicable permit at its time of issuance and is non refundable. (b) A Change to Plans or Shop Drawings Fee of $45 75 for the first sheet plus $1.00 per each additional sheet shall be charged for any Plans not submitted with the original permit application. (c) A Master Plan Submission Fee of $~88 1,500 shall be paid when the Master Plan for a project is submitted and is for Plan Review. It is not part of the permit fee and is non-refundable. Section 5. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(x), "Fees", Sub-subsection 2.4.3(x)(3), "Permit Fees", 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: (3) Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees. (a) Shrub Clearing Permit: -- one acre $ ~ 100 and $10 for each additional acre -- ;re to five as~~es x ~ -- s+~te~er} ~~-es Q a ~ -- eleuep to t~eflfir~-rev (b} Tree Removal Permit: $ x-:59 25 per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, or if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements shall be met. $ -0- (c) Temporary Use, not requiring City $ 5~depes+t 150 ORD. NO. 25-07 Commission action (e.g. Tents) (d) Cronlinn ~nr! r7ic.m~n4lin'v of ~ Mitigation Verification Affidavit (e) Work in the Public Right-of-way (~ ~ifial•-applisa#+ea Anne ~.,~ .e., e..,.,~ Renewal/Extension of Permit (g) Signs and Signing Application Fee Permit Fee, non-electric Permit Fee, electric 25 $15 $-59 ~I 150 $ ~5-9A-25 $ x-59 2/ sq.ft./ face $ X8-80 20 Plus $ X0-2 / sq.ft./ face (h) Permits for new buildings and additions which include all fef the following items:- Building Permit "` Electrical Permit "` Plumbing Permit Mechanical Permit Roofing Permit For permit activity valued at $1,000 or less: -- Minimum fee of: $ 490 50 -- Plus: $ ~~ 30 per required inspection -- Plus: $ ~a.-09 50 per reinspection (1) -- Plus: $ aO:08 100/each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ 4x-90 50 and $3:95 20 per each additional $1,000 of value, or fraction thereof -- Plus: $ X5:00 50 per reinspection (1) -- Plus: $58:00 100/each change of contractor (i) Permits for miscellaneous items such as driveways, fences, reroofs, pools, utility sheds, patios, sidewalks, landscaping, irrigation: 6 ORD. NO. 25-07 For permit activity valued at $1,000 or less: -- Minimum fee of: $ ~~ 40 -- Plus: $ ~~ 30 per required inspection -- Plus: $ x-09 50 per reinspection (1) -- Plus: $59:98 100/each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ ~8 40 and $~~9:-~A 20 for each additional $1,000 of value or fraction thereof -- Plus: $ x:89 50 per reinspection (1) -- Plus: $58:99 100/each change of contractor * An innnrrei+f ~rl~rocc ie nn +ho nnnlinn}inn {w ~+n~inn .~,f +ho ~+r~r~li~~+n4• i ~ > > Q) Permits for sub trade work including, but not limited to: Site work Structural Pest Control Underground Fuel Tanks '` General Construction Subcontracts for General Construction For permit activity valued at $1,000 or less: -- Minimum fee of:$ 44-98 50 -- Plus: $ ~5 30 per required inspection -- Plus: $ X5:89 50 per reinspection (1) -- Plus: $ 588 100/each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ 44-:98 50 -- Plus: $ X99 40 for each $1,000 of value or fraction thereof -- Plus: $ ~:~88 50 per reinspection -- Plus: $59:09 100/each change of contractor ORD. NO. 25-07 (k) Moving of a building or structure: $7-69 400 (I) Demolition of a building or structure: $659 100 (m) Drilling or Driving a Potable well: $6~8 70 $~ ; A99 fie} ~ Change-out Permits: A change-out permit is for work by a sub-trade contractor or qualified owner-builder which involves the repair or replacement of minor components. Minor components include, but are not limited to, showers, sinks, water heaters, air-conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical fixtures, electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and ceiling fans. ~ Value of less than $200: $ -0- Value of $200 to $1,000: $ ~ 50 Value greater than $1,000 per normal permit €~~esTdential Water-F4cateTe: $-~- {~} ~ Certificate of Occupancy: -- Conditional Certificates: $ ~9 700 {~} ~ Penalty for failing to call for a final inspection: $ 58:98 100 ~g~ Penalty where work is begun without a permit: Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be tripled. The payment of such triple fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescribed herein. ~ ~ All service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and/or clubhouses in residential communities shall be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived. ~ Construction Trailer: $250 each plus sub trade permits Sales Trailer: $750 each plus sub trade permits. ORD. NO. 25-07 NOTE (11: Reasons necessitating additional inspection fees include, but are not limited to: The work, or correction to previously inspected work, does not meet code requirements; An incorrect address is on the application by action of the applicant; The work, or correction to previously inspected work, is not ready for inspection at the time specified in the application for reinspection. Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 , 200_ ATTEST MAYOR City Clerk First Reading Second Reading 9 ORD. NO. 25-07 DEIRAY BFAC71 ~1 PLANNING AND ZONING~BOARD ~ (I ~'~ MEMORANDUM STAFF; REPORT ~ ~ f s~ 1993 - ' I 3001 1993 ___.__.._ 20(17 MEETING OF: JULY 16, 2007 AGENDA ITEM: III.C AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.2 "NOTICE REQUIREMENTS" AND SECTION 2.4.3(K)(1)(2)&(3) TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION, PLAN CHECK FEES AND PERMIT FEES. ~,. '''r '' , ,, ,~". 'ITEM ~BEFC?RE ,TH~`~R(~ARn The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs} to increase the land development application, plan check and permit fees pursuant to LDR Section 2.4.5(M). 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 AND ANALYSIS This amendment is to Section 2.4.3 (K)(1)(2)&(3} which outlines the current fee schedules for "Development Applications", "Plan Check Fees", and "Permit Fees". Additionally, changes to Section 2.4.2 "Notice Requirements" are proposed to require that all advertising, notice and recording fees are to be paid by the applicant. During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. In 2005, a LDR amendment was processed that increased the development application fees by 5%. In addition, the proposal included significant adjustments for processes that were undervalued such as requests for zoning verification letters and included a new fee for a Certificate of Appropriateness (COA) as it related to demolitions, new construction and additions in historic districts that required Board review. Since there has been no modification to the fee structure since 2005, staff has re-evaluated the current fee schedule and the following changes are proposed: Development Application Fees Staff researched adjacent municipality fee schedules for similar development activities and determined that an increase in the Development Application fees of 5°/D is justified. The fees have been rounded up in increments of five dollars ($5.00). This increase would place the City of Delray Beach's fees comparatively closer to an average of the fees charged by the municipalities surveyed. In addition, the proposal includes significant adjustments for specific processes that were determined to be undervalued. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment -Land Development Application, Plan Check and Permit Fees , Page 2 Significant increases are proposed for Amendments to the Comprehensive Plan, Rezoning, Amendments to the Land Development Regulations, Conditional Uses, Abandonment of rights-of- way and Variances. Processing applications for these actions require a greater depth of analysis and the preparation of a detailed staff report and often involve the testimony of expert witnesses. The current fees were found to be well below the average fees charged by those other surveyed as noted in the table below: Delray Boca Raton West Palm Boynton Palm Beach Averages of P~oposedt '~~~ees s ~ Beach Beach Beach County Schedule (Delray~~.~ ' Beach) ;: :Y f Comprehensive Plan Amendments $2,310.00 $3,535.00 $3,000.00 $1,000.00* $2,700.00 $2,509.00 $2,500:00'•x: LDR.Text Amendments $1050.00 $701.00 $3,000.00 $1,000.00 - $1,438.00 31 500 00 >` a , . ~ ~ . ~r, •; . i R $1 390 00 $4 003 00* $3 000 00* 2 00 * * 2 459 00 ~~r~~~ ~ $2000 ng ezon , . , . , . $ , 0.00 $1,900.00 , . $ Yytr ~, l; ' Conditional Uses $1,050.00 $3,416.00 $3,000.00* $1,000.00 $1,200.00 $1,933.00 rt`e . wz $1500 00~ .,j. Variance $210.00 $761.00 $1,000.00 $500.00 $600.00 $614.00 ,,t, ~.,;;: ~ $500 00 Abandonment of R-O-W $580.00 $3,500.00 $2,000.00 $750.00 - $1,708.0 ,$750 Op ; ~ , . *These are sliding fees and the maximum fee range was used. The proposed changes also include a new fee for advertising costs. Currently, initial advertising costs are paid by the City, and the applicant is responsible for the cost for re-advertising if the project is postponed or modified by the applicant. The proposed change would require the applicant to pay for all the advertising costs, including newspaper publications, and to provide self- addressed envelopes with the required postage for mailed notices prior to the hearing before a Board or the City Commission. This is a common requirement of other municipalities. An increase from $750.00 to $850.00 for review of single family homes within the North Beach/Seagate and Ocean Neighborhood Overlay Districts is proposed to reflect increases proposed in the renewal contract agreement between the City and Urban Design Studio. Plan Check and Permit Fees Staff is recommending increases in all categories of building permit fees and the addition of some new fees, based on the substantial review and comparison to other municipalities and Patm Beach County. Historically, Delray Beach building permit fees have been at the low-end of the scale in comparison to municipalities within Palm Beach and Broward Counties. The proposed increases put the City closer to the average of the fees charged by the municipalities and counties surveyed. Staff is also recommending a plan check fee, calculated at one half of the assessed permit fee, be paid when building plans are submitted for application, thus requiring the plan check fee for all permit applications regardless of the construction value. The plan check fee will be credited to the cost of the applicable permit at the time of issuance. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment -Land Development Application, Plan Check and Permit Fees , Page 3 Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. r -RECOMMENDED ACTION "~ ' ~ ' By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.2 "Notice Requirements" and Section 2.4.3(K)(1)(2)8~(3) regarding proposed increases to the Land Development Application Fees, Plan Check Fees and Permit Fees, 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: Proposed Ordinance MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD HOGGARD, AICP, PRINCIPAL PLANNER~~~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~vt •~,,c... `~1 ~.~ THROUGH: CITY MANAGER DATE: JULY 17, 2007 SUBJECT: AGENDA ITEM # ~ ~ • ~ - REGULAR MEETING OF JULY 24. 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), ENACTING SECTION 2.4.7(G) "REQUESTS FOR REASONABLE ACCOMMODATION," TO PROVIDE PROCEDURES FOR HANDLING AND PROCESSING REQUESTS FOR ACCOMMODATION FROM THE CITY'S CODE ITEM BEFORE COMMISSION The item before the Board is that of approval of aCity-initiated amendment to the Land Development Regulations to provide procedures for handling and processing requests for accommodation from the City's Code. BACKGROUND The purpose of enacting LDR Section 2.4.7.(G) "Requests for Reasonable Accommodation" is to implement a procedure for processing requests by any person who is disabled (or qualifying entity) for reasonable accommodation with respect to the City's Land Development Regulations, Code of Ordinances, rules, policies, practices and/or procedures as provided by the Fair Housing Amendments Act (FHA) and the Americans with Disabilities Act (ADA). These changes to the LDRs are being enacted in light of recent federal case law that states that a means must be provided by which disabled individuals may request an accommodation from the City's Code instead of having to seek a variance, which is likely to place a more onerous burden upon them than upon anon-disabled individual. Additional background and analysis is provided in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 16, 2007. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote (Glickstein, Perez-Azua and Pike absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 26-07, amending the Land Development Regulations (LDR) by enacting Section 2.4.7(G) "Requests for Reasonable Accommodation" to provide procedures for handling and processing requests for accommodation from the City's Code, 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, with second reading to occur on August 7, 2007. Attachments: ^ Ordinance No. 26-07 ^ Planning & Zoning Staff Report of July 16, 2007 ORDINANCE N0.26 - 07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINISTRATNE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 2.4.7(G), "REQUESTS FOR REASONABLE ACCOMMODATION", IN ORDER TO PROVIDE PROCEDURES FOR HANDLING AND PROCESSING REQUESTS FOR ACCOMMODATION FROM THE LAND DEVELOPMENT REGULATIONS; 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 July 16, 2007 and voted 4 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, in connection with the litigation styled Jeffrey O., et al, vs. City of Boca Raton, Case No. 03-80178, the plaintiffs asserted, among other things, that they were entitled to "reasonable accommodations" from the application and enforcement of certain provisions of the City of Boca Raton's Code of Ordinances; and WHEREAS, "reasonable accommodation" is a statutorily established method by which an individual who is disabled and/or handicapped (as those terms are defined in Title II of the Americans with Disabilities Act and/or the Fair Housing Amendments Act, hereafter "disabled"), or a provider of services to the disabled qualifying for reasonable accommodations under the referenced statutes, can request a modification or alteration in the application of a specific Code provision, rule, policy, or practice, to them. The proposed accommodation sought by the disabled individual must be reasonable and necessary to afford such person an equal opportunity to use and enjoy housing; and WHEREAS, the City hereby desires to adopt within the City's Land Development Regulations, and consistent with the Final Order of the Southern District of Florida in Jeffrey O., et. al. v. City of Boca Raton, Case No. 80178, reasonable accommodation procedures that will permit disabled individuals (or qualifying entities) to request reasonable accommodations and, where appropriate based on the facts and law, to receive reasonable accommodations (provided that such procedures to be codified shall be supplemental to the City's existing procedures to address access and/or structural obstacles at City facilities that are coordinated through the City's ADA compliance officer); and WHEREAS, the City intends these reasonable accommodation procedures to be applicable to the City's ordinances and Land Development Regulations, rules, policies, practices and services so as to afford a disabled person the opportunity to use and enjoy a dwelling, including, without limitation, the regulations pertaining to LDR Section 4.3.3 (D), "Residential and Nonresidential Licensed Service Provider Facilities" and the definition of "family" contained in Appendix "A" to the Land Development Regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 2.4.7(G), "Requests for Reasonable Accommodation", shall be enacted to read as follows: ~G) Requests for Accommodation. Purpose. The purpose of this section is to implement a procedure for processin requests for reasonable accommodation to the City's Code of Ordinances, Land Development Regulations, Rules, Policies, and Procedures for persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et. seq~ f"FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et. seq.L("ADA" . For purposes of this section, a "disabled" person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled ~or qualifying entities) may request a reasonable accommodation with respect to the City's Land Development Regulations, Code of Ordinances, rules policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. 2) Notice to the Public of Availability of Accommodation. The Citv shall display a notice in the City's public notice bulletin board (and shall maintain copies available fox review in the Planning and Zoning Department, the Building Department, and the Citv Clerk's Officel, advising the public disabled individuals (and qualifying entities) may request a reasonable accommodation as provided herein. (3) Application. A request by an Applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the Department of Planning and Zoning ("P&Z"). The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in Subsection 2.4.7(G) (8), below. (a) Confidential Information. Should the information provided by the disabled individual to the City include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting_ such medical 2 ORD. NO. 26 - 07 information. request that the City, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The City shall thereafter endeavor to provide written notice to the disabled individual, and/or their representative, of any request received by the City for disclosure of the medical information or documentation which the disabled individual has previously requested be treated as confidential by the City The City will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the City shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual. (b) Fee. There shall be no fee imposed by the City in connection with a request for reasonable accommodation under this section or an appeal of a determination on such request to the City Commission and the City shall have no obligation to pay a requesting party's (or an appealing~arty's, as applicable attorneys fees or costs in connection with the request, or an meal c) City Assistance. The Citv shall tirovide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including without limitation, assistance with reading application questions responding to questions, completing the form, filing an appeal, and appearing at a hearing„ etc., to ensure the process is accessible. (4) Findings for Reasonable Accommodation In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, fox purposes of this ordinance the disabled individual must show (i) a physical or mental impairment which substantially limits one or more major life activities• (ii) a record of having such impairment; or (iii that they are regarded as having such impairment Next. the requesting party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportunity to use and enjoy housing The foregoing~as interpreted by the Courts shall be the basis for a decision upon a reasonable accommodation request made by the City Manager, or his/her designee or by the City Commission in the event of an appeal (5) Notice of Proposed Decision. The City Manager, or his/her designee, shall have the ORD. NO. 26 - 07 authority to consider and act on requests for reasonable accommodation, after notice and gublic hearing to receive comments, input and information from the public ,(Provided, however, the City Manager, or his/her designee shall not be required to render their decision at said public hearing). When a reasonable accommodation request form has been completed and submitted to the Planning_and Zoning Department, it will be referred to the City Manager, or his/her designee, for review and consideration The City Manager, or his/her designee, shall issue a written determination within forth-, five 45) days of the date of receipt of a completed a~~lication and may, in accordance with federal law, (1Lgrant the accommodation request,,_(2) grant a portion of the request and deny a portion of the request and/or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to a~~eal. The notice of determination shall be sent to the requesting ~arty~i.e. the disabled individual or his/her re~resentativel by certified mail return receipt requested. If reasonably necessary to reach a determination on the request for reasonable accommodation the City Manager, or his /her designee, mav, prior to the end of said forty-five (45~y period, request additional information from the requesting party, specifying in sufficient detail what information is required The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information In the event a request for additional information is made the forty-five (45) day period to issue a written determination shall no longer be a~~licable. and the City Manager, or his/her designee, shall issue a written determination within thirty (30,~ days after receipt of the additional information If the requesting party fails to provide the requested additional information within said fifteen (15Z day period, the City Manager or his/her designee, shall issue a written notice advising that the requesting party had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the City with regard to said reasonable accommodation request shall be required. (61 Appeal. Within thirty_(30Lys after the City Manager's, or his/her designee's, determination on a reasonable accommodation request is mailed to the requesting~arty, such applicant may appeal the decision All appeals shall contain a statement containing, sufficient detail of the grounds for the meal Appeals shall be to the City Commission who shall. after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than sixty (60~ays after an appeal has been filed. j71 Stay of Enforcement. While an application for reasonable accommodation, or appeal of a determination of same, is pending before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures against the Applicant (81 Request Form for Reasonable Accommodation ORD. NO. 26 - 07 ~a) Contents of Reasonable Accommodation Request Form: 1. Name of Applican~ 2. Telephone Number, 3. Address 4. Address of housing or other location at which accommodation is requested, 5. Describe qualifying disability or handicap, 6. Describe the accommodation and the specific regulation(s) and/or procedures) from which accommodation is sought, 7. Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy the housing or other service, 8. Name, address and telephone number of representative, if applicable, 9. Other relevant information pertaining to the disability or property, 10. Signature of Disabled Individual or Representative if applicable, or Oualifying Entity, 11. Date of Application. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective 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 5 ORD. NO. 26 - 07 PLANNING AND ZONINGBOARD MEMORANDUM STAFF REPORT MEETING DATE: JULY 16, 2007 AGENDA NO: III. D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR) ENACTING SECTION 2.4.7(G) "REQUESTS FOR REASONABLE ACCOMMODATION," TO PROVIDE PROCEDURES FOR HANDLING AND PROCESSING REQUESTS FOR ACCOMMODATION FROM THE CITY'S CODE ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations to provide procedures for handling and processing requests for accommodation from the City's Code. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND /ANALYSIS The purpose of enacting LDR Section 2.4.7.(G) "Requests for Reasonable Accommodation" is to implement a procedure for processing requests for reasonable accommodation to the City's Code of Ordinances, Land Development Regulations, Rules, Policies, and Procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et. seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et. seq.) ("ADA"). Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the City's Land Development Regulations, Code of Ordinances, rules, policies, practices and/or procedures as provided by the FHA and the ADA, pursuant to the procedures set out in this section. These changes to the LDRs are being enacted in light of recent federal case law that states that a means must be provided by which disabled individuals may request an accommodation from the City's Code instead of having to seek a variance. The courts have determined that to require a disabled individual to request a variance because they are disabled is likely to place a more onerous burden upon them than upon anon-disabled individual. REQUIRED FINDINGS 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 objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Policy was noted: III. D. Planning and Zoning Board Memorandum Staff Report, July 16, 2007 Amendment to LDRs Pertaining to Requests for Reasonable Accommodations Page 2 Future Land Use Elemenf Obiecfive A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments (PUD), mixed-use developments, and other innovative development practices. The purpose of the proposed amendment is one of maintaining and updating the LDRs. Specifically, the amendment is required to bring the LDRs into compliance with recent federal case law. It is noted that while compliance with federal case law is not specifically mentioned in the Goals, Objectives, and Policies of the Comprehensive Plan, this is understood. Based on the above, a positive finding can be made that the amendment is consistent with and further the Goals, Objectives, and Policies of the Comprehensive. REVIEW BY`OTHERS Courfesy Notices: Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to provide procedures for the handling and processing of requests from disabled individuals for accommodation from the City's Code, in order to bring the LDRs into compliance with recent federal case law. Positive findings can be made with respect to LDR Section 2.4.5(M)(5) that the proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. RECOMMENDED ACT10N Recommend to the City Commission approval of aCity-initiated amendment to the Land Development Regulations, enacting Section 2.4.7(G) "Requests for Reasonable Accommodation" to provide procedures for handling and processing requests for accommodation from the City's Code, 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. Attachment: • Proposed Ordinance s:lplanning & zoning\boardslp&z boardlldr amendment section 2.4.7(g) requests for reasonable accommodations.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS r~~ ~ FROM: MARK MCDONNELL, AICP, ASSISTANT DIRECTOR. OF PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER~~~S~~._~ DATE: JULY 19, 2007 SUBJECT: AGENDA ITEM # ~~ .~ -REGULAR MEETING OF JULY 24, 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)," SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED," TO CLARIFY THE MAXIMUM ALLOWED RESIDENTIAL DENSITY IN THE WEST ATLANTIC AVENUE NEIGHBORHOOD. ITEM BEFORE COMMISSION The item before the City Commission is that of approval of aCity-initiated amendment to the Land Development Regulations to clarify the maximum allowed residential density in the West Atlantic Avenue Neighborhood. BACKGROUND The density threshold triggering the requirement for conditional use approval is established at greater than twelve dwelling units per acre (12 du/ac), but there is currently no maximum density specified. The Comprehensive Plan specifically limits the maximum density to 30 units per acre within the West Atlantic Redevelopment Area; this amendment will clarify the maximum density in the LDRs and provide consistency between the LDRs and the Comprehensive Plan. It is noted this has always been the intent of the LDRs, but this language was inadvertently left out when the language was modified by Ordinance 64-04. Additional background and analysis is provided in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 16, 2007. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote (Glickstein, Perez-Azua and Pike absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 24-07, amending Land Development Regulations (LDR) Section 4.4.13 "Central Business (CBD) District," Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," to specify the maximum allowed density on CBD- zoned land within the West Atlantic Avenue Neighborhood, 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 the criteria set forth in LDR Section 2.4.5(M)(5), with second reading to occur on August 7, 2007. Attachments: • Ordinance No. 27-07 ^ Planning & Zoning Staff Report of July 16, 2007 ORDINANCE N0.27-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO CLARIFY RESIDENTIAL DEVELOPMENT IS ALLOWED AS A CONDITIONAL USE IN THE CBD ZONED PORTION OF THE WEST ATLANTIC AVENUE NEIGHBORHOOD UP TO A MAXIMUM OF 30 UNITS PER ACRE; 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 July 16, 2007, and voted 4 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 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", 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: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (1) Adult congregate living facilities. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). Ord. No. 27-07 (3) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (4) Child care and adult day care. (5) Financial institutions, e.g., banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). (6) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (7) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2°d Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4th Street. (8) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (9) Veterinary clinics. (10) Movie theaters, excluding drive-ins. (11) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). (12) Flea markets, bazaars, merchandise marts, and similar retail uses. (13} Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on property with a minimum lot area of 20,000 sq.ft. (14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(I). (15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (16) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). (17) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. Ord. No. 27-07 (18) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (19) Free standing or mixed-use residential development at a density greater than twelve (12) units per acre but not exceeding 30 units ep r acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(1). Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 , 200 ATTEST City Clerk First Reading MAYOR Second Reading PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JULY 16, 2007 AGENDA NO: III. E AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)," SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED," TO CLARIFY THE MAXIMUM ALLOWED RESIDENTIAL DENSITY IN THE WEST ATLANTIC AVENUE NEIGHBORHOOD. '.ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations (LDRs) Subsection 4.4.13 (D), "Conditional Use and Structures Allowed," to clarify that 30 dwelling units per acre (30 du/ac) is the maximum allowed residential density on CBD-zoned properties in the West Atlantic Avenue Neighborhood. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUNDlANALYSIS LDR Subsection 4.4.13(D) currently contains a list of uses and structures that are allowed in the CBD zoning district by conditional use. Specifically, Subsection 4.4.13(D) (19) states: "(f]ree standing or mixed-use residenfial development at a density greater Phan twelve (92) units per acre, on property located within the Wesf Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.93(1)." While a density threshold triggering the requirement for conditional use approval is established at greater than12 du/ac, there is no maximum density specified. The Comprehensive Plan specifically limits the maximum density to 30 units per acre within the West Atlantic Redevelopment Area; this amendment will clarify the maximum density in the LDRs and provide consistency between the LDRs and the Comprehensive Plan. It is noted this has always been the intent of the LDRs, but this language was inadvertently left out when the language was modified by Ordinance 64-04. REQUIRED FINDINGS LDR Section 2.4.5(M)f5) (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. Planning and Zoning Board Meeting, July 16, 2007 LDR Amendment -Maximum Allowed Residential Density West Atlantic Avenue Neighborhood Comprehensive Plan Policies: The Future Land Use Map text of the Comprehensive Plan includes descriptions of the various map categories. The CBD-zoned properties have a Commercial Core Land Use designation and are included within the Commercial Land Uses description. This description includes specifics with regard to the densities allowed in the West Atlantic Avenue Redevelopment Area with a specific maximum of 30 du/ac. This amendment brings the LDRs into conformity with the Comprehensive Plan. REVIEW BY`OTHERS Courtesy Notices: Courtesy notices were provided to the following associations: • Neighborhood Advisory Council • Chamber of Commerce ^ Delray Merchant's Association Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ` ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to specify the maximum allowed density for residential development within the West Atlantic Avenue Neighborhood. This clarification is consistent with the Comprehensive Plan and positive findings can be made with respect to LDR Section 2.4.5(M)(5). ~- RECOMMENDED ACTION' Move a recommendation of approval to the City Commission for aCity-initiated amendment to the Land Development Regulations (LDRs), amending Section 4.4.13 "Central Business (CBD) District," Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," to specify the maximum allowed density on CBD-zoned land within the West Atlantic Avenue Neighborhood, 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 the criteria set forth in LDR Section 2.4.5(M){5). Attachment: • Proposed Amendment 5.0. SPADY ELEMENTARY SCHOOL POMPEY PARK TLAN RC AVENUE IIIIIII'I IIII ~ u1 IIIIII,,LLW ATLANTIC GA lEWAY MINI PARKS 3 3 3 3 s. W. i DELRAY I FULL SERNC£ sw o clr. CENTER ~L1_LJ_J_L_L~J--~ I ~ ~ ~ nuBIMR CIRCLE RORiN CASON METHOasr CHURCH CITY ATTORNEY BUILDING ~~~~E~ ~~ I G''.: TT~7~T~T~ sranaN S7ADlUM llLL.1LLU TENNIS NO. f ~ A V E N U E CENTER POLICE SWTH COMPLEX CWNTY ~I I JJ~J CWRT NWSE N ~- WEST ATLANTIC NEIGHBORHOOD CITY OF DELRAY BEACH, Fl CBO (CENTRAL BUSINESS DISTRICT) ZONED DISTRICT PLANNING & ZONING DEPARTMENT -- DlGl7AL BASE MAP SYS7FM -- MEMORANDUM TO: MAYOR A CITY OMMISSIONE S FROM: SCOTT A O S , P IN MA G MENT SPECIALIST PAUL DORLING, AICP, DIRECTO PLAN IN AND ZONING THROUGH: CITY MANAGER DATE: JULY 18, 2007 SUBJECT: AGENDA ITEM # I ~ • G -REGULAR MEETING OF JULY 24, 2007 APPROVE A PROPOSAL FOR THE INCREASE OF PARKING METER FEES FROM $0.75 TO $1.00 PER HOUR AND EXTEND THE TIME METERS MUST BE PAID. ITEM BEFORE COMMISSION The item before the City Commission is to approve a text amendment to the City Code of Ordinances increasing meter fees from $0.75 to $1.00 per hour and extending the time for which payment is required. BACKGROUND Section 71.058 of the City Code of Ordinances establishes the parking meter rates for metered spaces along Ocean Boulevard, (SR A1A); in the Holiday Inn North parking lot; the Ingraham Avenue parking lot; and in the parking lots at Atlantic Dunes Park, Anchor Park and Sandoway Park. As part of this ordinance, the Gleason Lot and Atlantic Avenue, east of the Intracoastal Waterway (ICW) will be added as metered areas and the name of the Holiday Inn North parking lot will be changed to the Orange Grove (Marriott Hotel North) parking lot. Ordinance 14-90, adopted on April 24, 1990, established the parking meter fees in the aforementioned areas at $0.75 per hour. This rate has been unchanged since that time. Considering increased costs in servicing the meters, replacement and repair of malfunctioning units and increased labor costs associated with managing the parking meter program, staff feels it is appropriate to increase the fees from $0.75 per hour to $1.00 per hour. A survey of parking rates for several nearby cities was completed to assure competitiveness and is attached for your review. In addition to considering an increase in the fees charged, the hours that payment is required should also be reviewed. In 2002, the 2-hour time limit along Atlantic Avenue was extended from 6:00 PM to 8:00 PM. This extension was affected to address a problem with employees whose shifts started between 4:00 and 5:00 PM. With the 2-hour time limit, ending at 6:00 PM, those employees starting work at 4:00 PM, or later, were parking along Atlantic Avenue, eliminating turnover of these prime spaces. To correct this situation, the 2-hour time limit was extended to 8:00 PM. When the metering of Atlantic Avenue, east of the ICW, was instituted that same year, payment for the meters was required until 8:00 PM. Payment requirements for on-street parking spaces should be consistent. While payment at all meters starts at 8:00 AM, payment on Ocean Boulevard and the lots ends at 6:00 PM. City Commission Regular Meeting -July 24, 2007 Approval of a Text Amendment Increasing Meter Fees and Extending The Time Period Meters Must Be Paid Additionally, there is some confusion with customers whether fees are required or not when using the lots in the summer evenings. While the posted closing time of the parking lots varies between 8:00 PM and dusk, parking meter fees are only required until 6:00 PM. Staff feels that the fee should be required at all times that the spaces are available. Although this would vary from season to season it would be consistent and less confusing. REVIEW BY OTHERS The Parking Management Advisory Board, at its meeting of June 26, 2007, recommended approval to increase fees to $1.00 per hour and extend the time that meters must be paid along Ocean Boulevard (SR A1A) to 8:00 PM and require payment in the parking lots at all times the lots are open. RECOMMENDATION By motion, extend the time that meters must be paid along Ocean Boulevard (SR A1A) to 8:00 PM; require payment for metered parking spaces located in the Orange Grove (Marriott Hotel North) parking lot, the Ingraham Avenue parking lot, the Gleason parking lot, and in the parking lots at Atlantic Dunes Park, Anchor Park, and Sandoway Park, at alt times the lots are open; and approve on first reading Ordinance 28-07, by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Article VIII, Section 2(b) of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes with second reading to occur on August 7, 2007. City Commission Regular Meeting -July 24, 2007 Approval of a Text Amendment Increasing Meter Fees and Extending The Time Period Meters Must Be Paid PARKING METER RATE SURVEY West Palm Beach -Has 1500 on street spaces and 2600 spaces in garages. The fee is $1 per hour for garage parking and 25 cents for 15 minutes, ($1.00 per hour), on- street. Garage rates are effective 24/7 and payment in lots is required between the hours of 6:00 AM and 10:00 PM. On-street meters must be paid between 7:00 AM and Midnight. These rates are expected to increase in the next year. 2. Boynton Beach - At the beach area, a flat fee of $10 per day in season and $5 per day off season is charged. Resident Stickers are available for $30 per year and non- residents can purchase stickers which are only valid from May 1 to Nov 30 at a cost of $90. 3. Boca Raton -The fee for parking in various parks is a flat rate, ranging between $15 to $18 per day, based on the park location and depending on the day of the week or holiday. A survey is being conducted to consider a new parking program to charge parking fees at various areas throughout the City. The staff recommendation for the program is $1.50 per hour based on a 10 hour day. 4. Deerfield Beach -Charges 25 cents for 10 minutes ($1.50 per hour) between the hours of 7:00 AM and 11:00 PM. Resident stickers are available for parking lots at a cost of $50 per year. They are considering an increase for beach parking only. 5. Lake Worth -Charges $1 per hour at the 10 parking meters in the City. No other paid parking is offered. They are currently considering a paid parking program to install meters in their downtown. 6. City of Hollywood -Charges $1.00 per hour for on-street parking throughout the downtown and beach area. Garage parking is $0.75 per hour with the exception of the Johnson Street Garage which is a flat fee of $7.00 and a special event rate of $10. These rates are applied 24 hours per day, seven days a week. Additionally, a smart card program is in effect which provides access cards for use at on-street meters only, at a cost of $85 plus tax per month. 7. Fort Lauderdale - On-street meters vary in price from $1.00 to $1.75 per hour based on proximity to major attractions (i.e. beach, playhouse, entertainment district, etc.). Garage parking in the beach area is $1.00 per hour while on-street parking is $1.25 per hour. ORDINANCE NO.28-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 71.058, "COST OF PARKING OR STANDING VEHICLES IN CERTAIN METERED SPACES", TO PROVIDE FOR THE METER FEE CHARGED AND THE PARKING LOTS AFFECTED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City wishes to increase the parking meter fee, to be more in line with surrounding municipalities, as it has not had an increase in the fee since 1990; and WHEREAS, the City also desires to add the Gleason parking lot as a metered lot. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, "Parking Regulations", of the Code of Ordinances is amended by amending subsection 71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", to read as follows: Sec. 71.058. COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES. (A) The cost of parking or standing a vehicle in a parking meter space located in the u„i;a.,., r,,,, ,.T,,,~~, Orange Grove (Marriott Hotel North) parking lot, the Ingraham Avenue parking lot, the Gleason parking lot, and in the parking lots at Atlantic Dunes Park, Anchor Park, and Sandoway Park shall be ^°~~°^+~. ~;~.° ^°„*~ ren ~c~ One Dollar 1.00 per hour. The cost of parking or standing a vehicle in a parking meter space located along State Road A-1-A or Atlantic Avenue, east of the Intracoastal Waterway ICW shall be °° r*~~ ~'-~° ^°r+~ ren ~c~ One Dollar L1.00) per hour. (B) The only coins which the meters accept are United States q~rarter~ currency. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. 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 , 200_ ATTEST: City Clerk MAYOR First Reading Second Reading CITY COMMISSION CITY OF DELRAY BEACH. FLORIDA REGULAR MEETING -TUESDAY. JULY 24, 2007 6:00 P.M. -COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS: 8. CONSENT AGENDA M. AWARD OF BIDS AND CONTRACTS: 4. Purchase award to Duval Ford in the amount of $46,826.00 via the Florida Sheriff s Association Contract #06-14-0821 for the purchase of two (2) 2008 Ford Crown Victoria Police Interceptors for the Police Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). ********************~****~x********~*******************~******~x****************** 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. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JACKLYN ROONEY, PURCHASING MANAGER THROUGH: CITY MANAGER ~~ - ! DATE: JULY 5, 2007 SUBJECT: AGENDA ITEM.#_ Q V • n~ /~ _! " , •- 1 - PURCHASE AWARD APPROVAL FOR PURCHASE OF TWO (2) FORD CROWN VIC POLICE INTERCEPTORS T,~'EM 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 City Garage is requesting the replacement of two Ford Crown Victoria Police Interceptors, vehicle # 1524 and #1348, which were damaged in July, 2007 due to vehicular accidents and have been declared to be total losses by the Risk Management Office. These vehicles are available from Duval Ford via the Florida Sheriff's Contract #06-14-0821, Specification #1 fora 2008 model Ford Crown Victoria at a total of $23,413 each including options. The Florida Sherii~s Contract has discontinued the production of the 2007 models and is offering the City the 2008 models at the same prices. See attached memo from the Fleet Maintenance Superintendent dated July 23, 2007 which has been approved by City Manager. FUNDING SOURCE Funding is available from account code 501-3312-591-64.20 (Garage Fund, Vehicle Replacement, Automotive). )COMMENDATION Staff recommends approval for the purchase of two 2008 Ford Crown Victoria Police Intercomtors from Duval Ford for the grand total of $46,826 ($23,413 ea}. Page 1 of 2 Rooney, Jackie From: Rumell, Kevin Sent: Monday, July 23, 2007 7:46 AM To: Rooney, Jackie Cc: Nubin, Chevelle; Schmitz, James; Hasko, Richard; Srnitfi, Douglas Subject: FW: Total Loss Police Vehicles Importance: High Jackie, Per Mr. Harden's note below, is it possible to get the agenda request done this morning, to put the purchase of these two Ford Crown Vic Police Interceptors on the agenda for tomorrow night's City Commission meeting? Here is the purchase information: Florida Sheriff s Contract #06-14-0821; Specification #1 Replacements for Vehicles #1308 and #1524 Price Shown is for Each Two (2) 2008 Ford Crown Victoria Police Interceptors $19,224.00 ea. White Exterior/Charcoal Black Interior Option Code 45C Limited Slip Differential 125.00 Option Code 14T Kevlar Trunk Package 195.00 Option Code 61H Ign. Power Trunk Release 60.00 Option Code 67R Rear Door Locks & Handles Inop 25.00 Option Code 948 Rear Windows Inop 25.00 Option Code 478 Courtesy Lamp Disabled 20.00 Option Code DW Vent Visors 89.00 Option Code S lA LH Pillar Mounted Spot Light 290.00 Option Code 5/75 Manuf. 5/75 Extended Warranty ($0 Deduc.) 3,360.00 Total $23,413.00 eac Kevin G. Rumell Fleet Maintenance Superintendent Caty of Delray Beach Office (561) 243-7333 Fax (561) 272-5366 Email rumell@ci.deLay-beach.fl.us From: Harden, David Sent: Sunday, July 22, 2007 2:37 PM To: Rumell, Kevin Cc: Nubin, CheveAe Subject: RE: Total Loss Police Vehicles If you can get the agenda item ready before the end of the day on Monday, we will put it on Tuesday's 7/23/2007 Page 2 of 2 agenda. From: Rumeli, Kevin Se~rt: Friday, July 20, 2007 2:52 PM To: Harden, David Cc: Hasko, Richard; Schmitz, James Subiect: Total Loss Police Vehicles Mr. Harden, I have two police Cars here that were involved in accidents and have been declared through Risk Management to be total losses. 1524 was involved in a head on collision on July 1, 2007, and 1308 was in a collision on July 7, 2007. There is yet sufficient funding available for the purchase of replacement vehicles, between the unencumbered balance in 501-3312-591-64.20 ($238,562.23), and available insurance proceeds that can be transferred from ow revenue account #501-0000-364-42.00 Although it is normally too late in the model year to order vehicles, I have been able to locate and secure 2 Police Interceptors available that are on order through Duval Ford. These cars were previously ordered by another department, then cancelled. I am requesting permission to place these two replacement vehicle purchases on the next available commission meeting agenda. Please advise. Thank you, Kevin G. Rumeli Fleet Maintenance Superintendent City of Delray Beach Office (561) 243-7333 Fax (561) 272-53b6 Email rumell(a~ci.delraj~-beach.fl.us 7/23/2007 AGENDA ITEM NUMBER: AGENDA R Q~ UEST Request to be placed on: July 24, 2007 Dam: July 23, 2007 _~ Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Purchase award of a two (2) Ford Crown Vic Police Interceptors via the Florida Sheriffs Association Bid #06-14-0821 for the total amount of X46,826 023,413 ea.) from Duval Ford. ORDINANCElRE3OLUTION REQUIRED: Draft Attached: Recommendation: YES NO YES NO Award to Duval Fob for the pun~ase of iwo (2) Font Crown Vic Police Interceptors via the Florida Sheriffs Association Bid #06-14-0821 for the total amount of $46,826 from Duval Ford. Funding from account code 501-3312-591-64.20 (Garage Fund, Vehicle Replacement, Automotive). Department Head Signature: ill t~W 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: Funding aRematives: (if applicable) Account Number. Account Description: Account Balance: City Manager Review: Approved for agenda: ~ No Hold Until: Agenda Coordinator Revisw: Yes / ~ i~ No Received: