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Agenda 06-10-03Call to Order. COMMUNITY REDEVELOPMENT AGENCY Tuesday, June 10, 2003 Commission Chambers Boynton Beach 6:30 P.M. Roll Call. TTT. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. TV. Consent Agenda. (Page 1811) A. Approval of Minutes - May 13th & 15th Meeting (Page 1812) B. Financial ReporL (Page 1856) C. HR Manual (Page 1863) V. Public Audience. (Page 1897) VT. Public Hearing (Page 1898) New Business A. Abandonment (Page 1899) 1. PROJECT: DiLorenzo Abandonment (ABAN 03-002) AGENT: Beril Kruger, Planning and Zoning Co'nsultants OWNER: Nicholas and Carmela DiLorenzo Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1808 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. LOCATION: DESCRIPTION: Zoning Code Variance 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 902 N. Federal Highway Request for abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement. Boynton Hills (ZNCV 03-005) (Page 1911) John Shell, VP Construction Habitat for Humanity NW 3rd Court Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 3,121 square feet, resulting in a lot area of 4,379 square feet within the R-1-A single family zoning district; and Boynton Hills (ZNCV 03-005 cont'd.. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.D.2.a, requiring a twenty-five (25) foot front yard setback to allow a 5 foot variance, resulting in a 20 foot front yard setback within the R-1-A single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a twenty-five (25)foot rear yard setback to allow a 12.5 foot variance, resulting in a 12.5 foot rear yard setback within the R-1-A single family zoning district. VII. Director's Report: (Page 1923) A. Updates (Page '1924) Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1~09 The CRA shall furnish appropriate auxiliary aids and services wnere necessary to afford, an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Old Business: (Page 1929) IX, A= Consideration of Design/Build Contract with Kimley Horn.Burkhardt for the BBB Extension, Promenade and RiverWalk. (Page 1930) B. Consideration of Fagade Grant for Boynton Boundless, LLC. (Page 1982) New Business: (Page 2007) Consideration of Boynton Beach Police Department Proposal for police issues facing the CBD. (Page 2008) B, Consideration for Committee for Outside Audit (Page 2009) C. Consideration of 457 Deferred Compensation Plan Company (Page 2010) D. Consideration of Short Term Disability Plan Company (Page 2011) Other Items: (Page 2012) Adjournment. Any person who decides to appeal any decision of the Commtmity Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1810 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. IV. Consent Agenda. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1811 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the.benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: June 6, 2003 We received $6,763.22 in interest for the Money Market Account this month. We also received on June 1st the reimbursement for the City of Boynton Beach for the expenses incurred on the High School Project of $967.85. The City of Boynton Beach transferred $ 373,149.81 directly to Goren, Cheof, Doody & Ezrol Trust Account on 5/16/03 along with our transfer of $266,850.19 to acquire the Hall Property. The Acquisition is complete. Staff has under estimated the cost and the need of Office Supplies do to the production of several CRA project books, extra ordinary board packet size and other office needs. The Office Supply has exceeded the budgeted amount. Staff will be requesting an increase in July to the Budget Category. Staff has requested to attend two trainings (Bond Issuance Process and The Grantsmanship Center, Grant Writing) which pertain directly to the job. This category has been under estimated in cost and Staff will be requesting an increase in July to the Budget Category. Staff has under estimated the cost of printing for CRA projects and the need to place the maps and projects onto CD's, which the CRA Staff could .not do due to the size of 1856 -the projects and project maps. Staff will be requesting an increase in July to the Budget Category. 1857 BUDGET TO ACTUAL COMPARISON May 31, 2002 Beginning Balance Revenuee TIF Taxes City Transfer Funds Hall Properb/Transfer Grant Funding Interest Income Other Income Total Revenue Expenditures Personel Cost Salades Salary Expense Contract Labor Total Salaries Payroll Taxes Workers Comp Health Insurance Life Insurance Total Pemonel Cost Professional Services Legal City Staff Contracted Services Audit Maint. & Cleaning I.T. Suppor~ Total Professional Services Office Rent Expense Phone Expense Electrfc Expense Office Total Equipment Leases Expenses Insurance Property insurance Bond/Liability Insurance Professional Insurance Insurance Total Travel Expense Business Meetings Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Office Supplies Licenses, Books, Publication Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publlcatlol Advertising & Public Notices Career Development Printing Office Expense Miscellaneous Expense Debt Service Principal Payment Interest Expense Total Debt Service Operating Expense Community Redevelopment Agency of Boynton Beach 2002/2003 2002/2003 Year To Current 2002/2003 Amended Amended Date Period Budget 1/14/2003 4/17/2003 Totals Ma)/ 5,780,416.00 5,790,391.00 5,790,391.00 5,790,391.00 5,899,461.15 YTD 02/03 % of Totals Including Budget Budget Current Month Remaining Remaining 5,790,391.00 5,790,391.00 1,675,380.00 1,675,380.00 1,330,409.00 1,330,408.92 0.00 1,330,408.92 0.08 0% 0.00 0.00 0.00 17,834.98 0.00 17,834.98 0.00 N/A 385,000.00 385,000.00 385,000.00 0.00 0.00 0.00 385,000.00 100% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 N/A 15,000.00 15,000.00 15,000.00 50,927.09 6,763.22 57,690.31 0.00 385% 0.00 0.00 0.00 0.00 0.50 0.00 0.00 N/A 7,855,796.00 7,865,771.00 7,520,800.00 1,399,170.99 6,763.22 1,405,934.21 385,000.08 47,692.24 11,923.06 _ 41,982.56 0.00 155,000.00 155,000.00 155,000.00 89,674.80 11,923.06 11,625.00 11,625.00 11,625.00 4,708.71 933.28 8,130.00 8,130.00 8,130.00 1,357.50 106.44 21,000.00 21,000.00 21,000.00 5,586.93 977.42 540.00 540.00 540.00 0.00 0.00 196,295.00 196,295.00 196,295.00 101,327.94 13,940.20 21,600.00 21,600.00 31,800.00 25,821.50 3,921.25 6,000.00 6,000.00 6,000.00 1,869.98 840.90 100,000.00 100,000.00 100,000.00 17,347.48 0.00 7,500.00 7,500.00 7,500.00 0.00 0.00 2,700.00 2,700.00 2,700.00 1,704.11 150.00 12,000.00 12,000.00 12,000.00 647.50 0.00 149,800.00 149,800.00 159,800.00 47,390.57 4,912.15 59,615.30 41,982.56 101,597.86 53,402.14 34% 5,641.99 5,983.01 51% 1,463.94 6,666.06 82% 6,564.35 14,435.65 89% 0.00 540.00 100% 115,268.14 81,026.86 41% 29,742.75 1,857.25 9% 2,710.88 3,289.12 55% 17,347.48 82,652.52 83% 0.00 7,500.00 100% 1,854.11 845.89 31% 647.50 11,352.50 95% 52,302.72 97,497.28 65% 38,880.00 38,880.00 38,880.00 7,960.00 0.00 7,960.00 30,920.00 80% 9,360.00 9,360.00 9,360.00 5,211.04 607.13 5,818.17 3,541.83 35% 2,100.00 2,100.00 2,100.00 934.82 158.83 1,093.65 1,006.35 48% 50,340.00 50,340.00 50,340.00 14,105.86 765.96 14,871.82 35,468.18 70% 3,600.00 3,600.00 3,600.00 1,804.18 415.11 2,219.29 1,380.71 38% 1,850.00 1,250.00 1,250.00 465.92 131.02 400.00 1,000.00 1,850.00 326.03 0.00 2,000.00 2,000.00 4,000.00 3,904.00 0.00 6,050.00 4,250.00 7,100.00 4,695.95 131.02 1,500.00 1,500.00 3,500.00 2,735.27 358.66 2,000.00 3,000.00 3,000.00 2,768.34 0.00 1,750.00 1,750.00 1,750.00 499.70 133.87 3,600.00 3,600.00 3,600.00 2,076.90 276.92 8,850.00 9,850.00 11,850.00 .... 8,080.21 1,800.00 1,800.00 1,800.00 596.94 1,253.06 100% 326.03 1,523.97 82% 3,904.00 96.00 2% 4,826.97 1,223.03 20% 3,093.93 406.07 12% 2,768.34 231.68 8% 633.57 1,116.43 64% 2,353.82 1,248.18 35% 769.45 8,849.66 0.34 0% 3,580.27 1,543.79 5,124.06 -3,324.06 -185% 250.00 250.00 250.00 179.50 0.00 2,000.00 3,000.00 3,000.00 2,099.37 60.00 250.00 250.00 250.00 130.76 0.00 2,500.00 3,500.00 3,500.00 2,409.63 60.00 4,000.00 4,000.00 4,000.00 300.00 0.00 750.00 750.00 750.00 333.00 925.33 1,250.00 1,250.00 1,250.00 1,333.01 890.68 500.00 500.00 500.00 221.79 0.00 0.00 130,640.53 130,640.53 63,653.37 0.00 0.00 186,657.74 186,657.74 94,995.77 0.00 0.00 317,298.27 317,298.27 158,649.14 0.00 425,735.00 743,233.27 758,083.27 344,231.55 24,353.69 179.50 70.50 28% 2,159.37 840.63 28% 130.76 . 119.24 48% 2,469.63 1,030.37 41% 300.00 3,700.00 93% 1,258.33 -508.33 .68% 2,223.69 -973.69 -78% 221.79 278.21 56% 63,653.37 66,987.16 51% 94,995.77 91,661.97 49% 158,649.14 158,649.13 50% 368,585.24 375,448.03 88% 1858 March 31, 2002 PROGRAMS Office Equipment/Furniture Office Leasehold Improvements Printing Programs Festivals/Events/Seminars Facade Grants Economic Incentive Grants PROJECTS Relax Inn Closing & Demo RIverwalk / Promanade Projects MLK Commercial Way-Finding Slgnage Riverwalk / Promanade Land High School Project BUDGET TO ACTUAL COMPARISON 2002/2003 2002/2003 Year To Current YTD 02/03 2002/2003 Amended Amended Date Period Totals Including Budget Budget 1/14/2003 1/14/2003 Totals Ma}/ Current Month Remaining 20,000.00 20,000.00 23,556.00 23,555.94 0.00 23,555.94 0.06 35,000.00 35,000.00 35,000.00 1,285.70 0.00 1,285.70 33,714.30 25,000.00 25,000.00 25,000.00 0.00 0.00 0.00 25,000.00 50,000.00 50,000.00 50,000.00 12,501.77 8,599.71 21,101.48 28,898.52 100,000.00 100,000.00 100,000.00 0.00 0.00 0.00 100,000.00 100,000.00 100,000.00 100,000.00 0.00 0.00 0.00 100,000.00 1,100,000.00 1,100,000.00 1,100,000.00 886,135.30 0.00 886,135.30 213,864.70 750,000.00 750,000.00 750,000.00 874.22 0.00 874.22 749,125.78 250,000.00 250,000.00 250,000.00 3,400.00 0.00 3,400.00 246,600.00 25,000.00 25,000.00 25,000.00 13,016.36 565.76 13,582.12 11,417.88 200,000.00 200,000.00 200,000.00 4,300.00 277,8i1.19 282,111.19 -82,111.19 0.00 0.00 0.00 800.00 675.87 1,475.87 0.00 % of Budget Remaining O% 96% 100% 58% 1 OO% 100% 19% 100% 99% 46% -41% TOTALS EXPENSES 2,877,526.00 3,398,233.27 3,416,639.27 1,290,100.84 312,006.22 1,602,107.06 1,801,958.08 2,877,526.00 0.00 0.00 0.00 0.00 0.00 0.00 2,100,744.00 4,467,537.73 4,104,160.73 5,899,481.1~5 5,594,218.1~5. 5,594,218.1~5 4,373,433.0~0 Note Payable TOTAL RESERVE BALANCE 1859 ASSETS Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds May 31, 2002 Total Community Redevelopment Cash and Cash Equivalents Receivables Prepaid Expenses Inventory Fixed Assets Real Estate Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Accumulated Depreciation- Fixed Assets Work in Progress Assets Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Total Work in Progress Assets Furniture ! Equipment Accumulated Depreciation-Furn./Equip Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable Total Liabilities Fund Balances: General Fund Change in Fund Balance Total Fund Balances Total Liabilities and Fund Balances 5,613,672.44 $ $ $ $ $ 886,135.30 $ $ 874.22 $ 282,111.19 $ 3,4O0.0O 6,955.68 - $ 6,793,148.83 $ 19,065.15 $ 329.37 $ 2,877,525.55 $ 2,896,920.07 $ 2,912,865.22 $ 983,3O3.54 $ 3,896,168.76 $ 6,793,088.83 1860 Community Redevelopment Agency of Boynton Beach Income Statement Reven u e Tax Increment Funds Tax Increment Funds: Total Tax Increment Funds City Funds City Transfer Funds Total City Funds Grants, Project Reimbursements Grant Funding Total Grants and Projects Interest Income Interest Income Total Interest Income Other Income Other Income Total Other Income Total Sources of Funds May 31, 2002 Current $0.00 YTD $1,330,408.92 Current Total $1,330,408.92 $0.00 $1,330,408.92 $1,330,408.92 $0.00 $17,834.98 $17,834.98 $0.00 $17,834.98 $17,834.98 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,763.22 $50,927.09 $57,690.31 $6,763.22 $50,927.09 $57,690.31 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,763.22 $1,399,170.99 $1,405,934.21 1861 Community Redevelopment Agency of Boynton Beach Income Statement Debt Service Debt Service Principal Payment Interest Expense Payment Total Debt Service Uses of Funds Current YTD Current Total $0.00 $63,653.37 $63,653.37 $0.00 $94,995.77 $94,995.77 $0.00 $94,995.77 $158,649.14 Project Expenses Festivals / Events / Seminars Way-Finding Signage Fa(;ade Grant Program Economic Incentive Program High School Project Total Project Expenses $8,599.71 $12,501.77 $21,101.48 $565.76 $13,016.36 $13,582.12 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $675.87 $800.00 $1,475.87 $9,841.34 $26,318.13 $36,159.47 General & Administrative Salaries & Contract Labor Payroll Tax Property/General Insurance Workers Compensation Health Insurance Life Insurance Professional Fees - Audit Professional Fees - City Staff Professional Fees - Contracted Services Professional Fees - Legal Professional Fees - Maint. & Cleaning Professional Fees - IT Support Advertising Expense Telephone Expense Electric Expense Rent Expense Office Leasehold Improvements Printing Office Supplies Printing Programs Mileage & Delivery Seminars Staff/Board Business Meeting Expense Licenses, Fees, Permits Membership, Subscriptions Books & Publications Career Development Office Supplies Office Furniture / Equipment/Setup Professional Insurance Equipment Leases Miscellaneous Car Allowance Director Bonding Insurance Total General & Administrative $11,923.06 $89,674.80 $101,597.86 $933.28 $4,708.71 $5,641.99 $131.02 $465.92 $596.94 $106.44 $1,357.50 $1,463.94 $977.42 $5,586.93 $6,564.35 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $840.90 $1,869.98 $2,710.88 $0.00 $17,347.48 $17,347.48 $3,921.25 $25,821.50 $29,742.75 $150.00 $1,704.11 $1,854.11 $0.00 $647.50 $647.50 $0.00 $300.00 $30O.00 $607.13 $5,211.04 $5,818.17 $158.83 $934.82 $1,093.65 $0.00 $7,960.00 $7,960.00 $0.00 $1,285.70 $1,285.70 $890.68 $1,333.01 $2,223.69 $0.00 $0.00 $0.00 $133.87 $499.70 $633.57 $0.00 $2,768.34 $2,768.34 $358.66 $2,735.27 $3,093.93 $0.00 $179.50 $179.50 $60.00 $2,099.37 $2,159.37 $0.00 $130.76 $130.76 $925.33 $333.00 $1,258.33 $1,543.79 $3,580.27 $5,124.06 $0.00 $16,600.26 $16,600.26 $0.00 $3,904.00 $3,904.00 $415.11 $1,804.18 $2,219.29 $0.00 $221.79 $221.79 $276.92 $2,076.90 $2,353.82 $0.00 $326.03 $326.03 $24,353.69 $203,468.37 $227,822.06 $422,63O.67 $983,303.54 Total Application of Funds Fund Sources in Excess of Application $34,195.03 $324,782.27 1862 ($27,431.81 ) $1,074,388.72 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Human Resources Manual DATE: June 4, 2003 Staff has completed all of the changes to the Human Resources Manual Workshop on Monday June 2, 2003. Staff is requesting that the CRA Board accept and adopted this policy and procedures manual for Human Resources. 1863 HUMAN RESOURCES POLICY & PROCEDURE MANUAL COMMUNITY REDEVELOPMENT AGENCY 639 E. Ocean Avenue, Suite #107 Boynton Beach, FL. 33435 (561) 737-3256 FAX (561) 737-3258 Revised 612/03 1864 Community Redevelopment Agency Table of Contents SECTION 01: 1-1 1-2 1-3 1-4 1-5 GENERAL PROVISIONS Purpose Positions Covered by these Policies Approval and Amendment of Policies Definitions Organization for Human Resource Administration 3 3 3 3 6 SECTION 02: 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 EMPLOYMENT/RECRUITMENT & SELECTION EEO Statement Recruitment Employment ApplicationS Selection Procedures Type of Employees Employment of Relatives (Nepotism) Recommendation for Employment Employment Acceptance Disqualification for Employment 7 7 7 8 8 8 9 9 9 SECTION 03: EMPLOYMENT PROVISIONS 3-1 , Probationary Period 3-2 Performance Evaluations 3-3 Harassment 3-4 Formal Grievances 3-5 Personnel Actions 3-6 Code of Conduct and Disciplinary Provisions 10 10 11 13 14 15 SECTION 04: 4-1 4-2 4-3 CLASSIFICATION & PAY PROVISIONS Classification Provisions Pay Provisions Hours of Work / Overtime / Compensatory Time 25 25 25 1865 SECTION 05: EMPLOYMENT CONDITIONS 5-1 5-2 5-3 5-4 5-5 5-6 Outside Employment CRA Equipment Address & Telephone Numbers Political Activity Resignation Drug Free Workplace 26 26 27 27 27 28 SECTION 06: EMPLOYEE BENEFIT PROGRAMS 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 6-10 6-11 Vacation Leave Sick Leave Holidays Compassionate Leave Jury Leave Military Leave Short Term Disability Long Term Disability Leave Without Pay Medical & Dental Insurance Retirement 28 29 30 30 31 31 31 31 32 32 32 1866 2 SECTION 01' GENERAL PROVISIONS 1-1 PURPOSE These policies are to provide guidance to the CRA Board in the administration of the CRA's employees. It is the intent of these policies to ensure that CRA employees will be dealt with on an equitable basis, so that the citizens of the CRA. area may derive benefits and advantages as a result of a competent CRA staff. It is the responsibility of all CRA employees to read and abide by all provisions of all policies even as amended from time to time. 1-2 POSITIONS COVERED BY THESE POLICIES: The policies shall apply to all non-contract employees. These policies shall also apply to employees with individual employment contracts if incorporated by reference into the employment contract. 1-3 APPROVAL AND AMENDMENT OF POLICIES: These policies shall be in force and in effect when approved by the CRA Board and replace existing policies and procedures. The CRA Board, whose decision shall be final, shall decide interpretations of any conflicting or ambiguous language. The CRA Board may amend these policies from time to time. 1-4 DEFINITIONS: ADMINISTRATIVE REVIEW - Review and approval of a personnel action by the CRA Executive Director. APPEAL - A request by a regular employee for consideration by the CRA Executive Director or CRA Board or Board Designee. CONTINUOUS SERVICE - Employment that is uninterrupted by separations of employment, layoffs, etc. CONTRACT EMPLOYEE - An employee under an individual employment contract with the CRA Board. Contract employees do not have any rights or benefits other than what is specifically stated in their individual employment contract. DEMOTION -Assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. 1867 Go Ht DISMISSAL - The discharge of an employee from his/her position with the CRA. The terms termination and dismissal are interchangeable. EMPOLYMENT CONTRACT - An individual contract that provides a non- regular employee with a written agreement of employment terms. EXEMPT EMPLOYEE- Any employee whose positibn is ineligible for overtime as determined by the Fair Labor Standards Act. FULL-TIME EMPLOYEE-A budgeted regular employee who is scheduled to work a minimum of forty (40) hours per week. GRIEVANCE- Formal notice of dissatisfaction by a regular employee who feels he / she have been unjustly treated in cases regarding their employment. HIRE DATE- An employee's date of hire or re-hire, whichever is later. IMMEDIATE FAMILY- Spouse, mother, father, son, daughter, sibling, stepfather, stepmother, stepchild, grandparent, grandchild, aunt, uncle, nephew and niece. INITIAL PROBATIONARY PERIOD - A ninety (90) day calendar period of time beginning with the employee's hire date. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Initial Probationary Period, an employee may be terminated without notice and without cause. Also during the Initial Probationary Period, an employee is not eligible for benefits, sick, vacation or holiday time. JOB ANNIVERSARY / CLASSIFICATION DATE - the effective date of a promotion or demotion action. LAYOFF - Dismissal from employment because of shortage of work or funds, or because of changes in the organization. NON-EXEMPT EMPLOYEE - Any hourly employee whose position is eligible for overtime after forty (40) hours of work per week as determined by the Fair Labor Standards Act. OVERTIME PAY- Pay for overtime worked in excess of a non-exempt employee's forty (40) hour workweek. PART-TIME - Appointment to a position that usually requires a working schedule less than forty (40) work hours per week. PAY PLAN - A formal schedule of pay ranges for all job descriptions minimum, mid point and maximum values. 1868 4 Zo AB. AC. AD. AE. PAY RANGE -The minimum and maximum pay established by the CRA Board for budgeted positions. PERFORMANCE APPRAISAL - Assessment of how well an employee has performed during a period of time. POSITION PROBATIONARY PERIOD - A ninety (90) day calendar period of time beginning with the effective date of a promotion or demotion of a regular employee. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Position Probationary Period, an employee may be returned or demoted to their former position without notice and without cause. PROBATIONARY EMPLOYEES - Any employee who is serving in a new position either by appointment, promotion or demotion. Promotions or demotions occurring within the established initial probationary period shall cause an employee to begin a new initial probationary period. PROMOTION - The assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. RECLASSIFICATION - The change of a job classification due to a change in or an increase or decrease in the assigned duties and responsibilities of the position. REGULAR EMPLOYEE - An employee who has achieved regular status after completing the. established or applicable probationary period. SUSPENSION - The separation with or without pay of an employee for a period of time. Exempt employees shall be subject to no less than one week suspensions without pay. TEMPORARY EMPLOYEE - An employee in a position other than regular full-time or pad-time less than forty (40) hours per week for a specified period of time. TEMPORARY POSITION - All positions that are not designated regular budgeted positions. VACANCY - An existing or newly created position, which is not occupied. WORKVVEEK - The established forty (40) hour period of time that constitutes the workweek for FLSA purposes. Non-exempt employees are not eligible for overtime compensation until after completion of forty (40) hours in the workweek. 1869 1-5 Fo H. I. J. K. M. N. O. HUMAN RESOURCES ADMINISTRATION The CRA BOARD: Considers and adopts the recommended Policy & Procedure Manual upon receiving recommendation from CRA staff. Approves recommended pay plan(s) as needed. Approves appointments and removals for positions that require employment contract. Authorizes all new CRA positions, assigns funding for pay ranges and authorizes recruitments. The CRA EXECUTIVE DIRECTOR: Is responsible to the CRA Board for the administration of the Policy and Procedure Manual and other Board directives. Recruits, appoints, promotes, transfers or removes, demotes, suspends, dismisses or disciplines all subordinate employees. Performs all duties and exercises all powers in personnel. Administers the recommended and approved pay plan. Administers an effective payroll system. Develops and implements effective training programs for employees. Recommends such policies or revisions in compliance with prevailing legislation. Administers the employee benefits programs. Administers an effective disciplinary program. Administers an effective performance appraisal program. Prepare and recommend to the CRA Board job descriptions and amendments to existing job descriptions as needed. 1870 d SECTION 02: RECRUITMENT, SELECTION & EMPLOYMENT 2-1 EQUAL OPPORTUNITY STATEMENT: The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), or marital status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. PURPOSE: The purpose of this Policy is to reaffirm the CRA's position regarding non- discrimination in all matters. PROVISIONS: All recruitment activities, hiring, training, employment decisions, and personnel actions will be based on valid qualifications without regard to race, color, religion, sex, national origin, age, handicap, or marital status. 2-2 RECRUITMENT The CRA Executive Director shall implement effective EEO hiring procedures.. The CRA Board shall authorize all new CRA positions, assign funding for pay ranges and direct the CRA Executive Director to start the recruitment and selection procedures. Job announcements shall then be publicized internally and/or externally for ten (10) working days. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and indicated as such to applicants. Only authorized offers of employment made to individuals are binding on the CRA. 2-3 EMPLOYMENT APPLICATIONS Individuals desiring consideration for employment may submit a letter of interest, or a resume to the CRA Executive Director. All applicants submitting a resume or letter of interest and granted further consideration shall complete an application for employment prior to any job offer. Applications will only be accepted when a vacancy occurs. Applications will be maintained for a period of two (2) years and then propedy destroyed in accordance with pUblic Records laws. 1871 Applications must be signed and certified by the applicant. Incomplete applications will not be accepted. When a vacancy occurs, previously submitted applications on file may be updated for consideration in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. 2-4 SELECTION PROCEDURES Selection processes may consist of one or more of the following: Bo C. D. E. Background Investigations including motor vehicle driving criminal history check. Reference checks. Performance examination. Review and evaluation of education, training, and experience. Any other applicable criteria which will fairly assess the individuals to perform the duties required for the position. record and abilities of Applicants considered for employment may be subject to pre-employment controlled substances screening. Applicants testing positive for any of the specified drugs will not be eligible for employment. Such applicants may not be considered for employment for a period of two (2) years following a positive drug test. 2-5 TYPE OF EMPLOYEE CRA employees are divided into two groups, contract and non-contract. Contract employees are individuals hired by a direct employment contract for a specified duration of time that may or may not be budgeted by the CRA Board. Non- contract employees fill regular budgeted positions as authorized by the CRA Board and are not otherwise designated as contract employees. 2-6 EMPLOYMENT OF RELATIVES (NEPOTISM) The CRA will comply with Florida Statue 112.3135 regarding nepotism rules in an effort to eliminate hiring practices which result in conflicts of interest, favoritism or the appearance of impropriety. Further, approval will not be granted for the employment, promotion, or transfer of a member of the immediate family of an employee or other relative by marriage (father, mother, spouse, son, daughter, brother, sister, mother-in-law, 1872 father-in-law, son-in-law, daughter-in,law, brother-in-law, sister-in-law, stepparent, stepchild, grandparents, grandchildren or other persons living in the same household of the employee's household.) 2-7 RECOMMENDATION FOR EMPLOYMENT Once the interview process has revealed a suitable applicant and the reference checks and screening steps appear satisfactory, the CRA Executive Director is authorized to then hire that applicant for employment. If the CRA Executive Director proposes a salary exceeding the minimum but less than or equal to the midpoint of the position's pay range written justification must be included in the employee file. If the proposed salary is greater than the midpoint, then the CRA Executive Director must bring the recommendation in front of the CRA Board for approval. 2-8 EMPLOYMENT ACCEPTANCE Upon receiving an offer for employment, the applicant must make employment acceptance within three (3) working days of the employment offer, unless otherwise extended by the CRA Executive Director (maximum of 5 working days). If employment acceptance is declined, the CRA Executive Director may consider another applicant from the recruitment's applicant pool, or may choose to begin a new recruitment process. All new CRA employees attend an orientation program after starting employment. At that time the new employee must provide proof of work eligibility and verification of identity to the CRA in accordance with prevailing IRCA laws. Employees are responsible for reading, understanding, and abiding by all CRA policies and procedures as amended from time to time. 2-9 DISQUALIFICATION FOR EMPLOYMENT The CRA may reject an applicant who does not possess the minimum qualifications required for the position. Failure to meet the physical requirements necessary to perform the essential functions for a particular job as determined by the CRA will also result in disqualification if a reasonable accommodation for an otherwise qualified individual with a disability cannot be reached, or would create an undue hardship. Fraudulent conduct, false statements, or omissions by an applicant or by others on behalf of the applicant with the applicant's knowledge, in any application or examination, may be cause for the disqualification of such applicant, or termination from the CRA employment. Immediate relatives or persons living in the residence of CRA Board members, the CRA Executive Director, or designee are not eligible for employment. 1873 9 SECTION 03: EMPLOYMENT PROVISIONS 3-1 PROBATIONARY PERIOD All entrance appointments shall be in a probationary status for a period of ninety (90) calendar days unless extended by the CRA Executive Director. Probationary statuses may be extended upon written notification to the employee up to six (6) months at the discretion of the CRA Executive Director. This trial working period shall be utilized to observe an employee's performance. All promotion or demotion appointments effected within the initial probationary period shall cause the employee to begin serving a .new ninety (90) day initial probationary period. All promotional appointments occurring after the ninety (90) day initial probationary period has occurred shall be deemed as position probationary periods; employees not successfully completing this position probationary period shall be returned to their previous classification status without appeal benefits. If either initial or position probationary periods are extended, no wage or salary increases Shall be affected during the extension periods. Awards granted after the extensions shall not be retroactive. A probationary employee who has not successfully passed the established initial probationary period in any classification may be terminated by the CRA Executive Director. A probationary employee is not entitled to benefits, sick or vacation time, or holiday pay. 3-2 PERFORMANCE EVALUATIONS General Provisions The employee's performance evaluation is designed to examine, review and document work performance. The ratings shall be set forth on the applicable performance evaluation form. Each employee shall be given a copy of the evaluation form and shall have the opportunity to discuss it with the employee's supervisor. Employees may appeal their evaluation to the CRA Executive Director within five (5) working days of receiving their performance evaluation. Such appeals must state the reason for the appeal, the facts supporting the employee's case, and any other pertinent information relevant to the matters at hand. The CRA Executive Director shall schedule an appeals meeting within fifteen (15) working days of receipt of the appeal, preside over the appeals meeting, and render a decision on the matter within fifteen (15) working days of the appeals meeting. If the appeal fails the employee may appeal the decision to the CRA Board or Board Designee. All decisions of the CRA Board are final. Frequency of Performance Evaluations Performance evaluations are completed annually with the first coinciding with the successful passing of the initial probationary period and/or position probationary period, and annually thereafter coinciding with 1874 10 employees' hire or job anniversary date, whichever is applicable. Special evaluations may be conducted at any time with the approval of the CRA Executive Director. C. Performance Evaluation Rating Procedure The direct supervisor of the employee shall be responsible for obtaining the appropriate evaluation form and completing the evaluation. An employee must sign and date the completed evaluation form indicating that he/she has discussed and received a copy. The signature does not mean he/she agrees with the evaluation. If the employee refuses to sign the form, it should be so indicated by the CRA Executive Director in the space provided for the employee's signature. 3-3 HARASSMENT The CRA is committed to a professional work environment in which all individuals are treated with respect and dignity. Each individual has the dght to work in an atmosphere that promotes equal opportunities and prohibits discriminatory practices, including sexual and other forms of harassment. Therefore, the CRA expects that all relationships among persons in the office be businesslike and free of bias, prejudice and harassment. In keeping with this commitment, the CRA maintains a strict policy prohibiting harassment of staff members in any form in the workplace from other staff members, vendors, contractors, or guests. Violators shall be subject to termination. Sexual harassment constitutes discrimination and is illegal under federal and state laws. For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature when, for example: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances these behaviors may include, but are not limited to: unwanted sexual advances; subtle or overt pressure for sexual favors; sexual jokes; innuendoes; advances or propositions; verbal abuse of a sexual nature; graphic commentary about an individual's body, sexual prowess or sexual deficiencies; leering, whistling, touching, pinching, assault, cOerced sexual acts, or suggestive, insulting or obscene comments or gestures; display in the workplace of sexual 1875 11 suggestive objects or pictures; and other physical, verbal, or visual conduct of a sexual nature. The CRA's policy equally prohibits any other type of harassment involving a protected category under federal, state, or local law (for example, on the basis of race, color, religion, national origin, age and/or disability.) This policy applies to all applicants and staff members whether related to conduct engaged in by fellow staff members, managers, or someone not directly connected to the CRA (e.g., an outside vendor, consultant, the public.) Reporting an Incident of Harassment The CRA encourages reporting all perceived incidents of harassment, regardless of the offender's identity or position. Individuals who believe they have been the victims of harassment should discuss their concerns with their CRA Executive Director or Board Designee. Administrative investigations shall then be conducted to ascertain necessary facts. Decisions on the involved parties' status will then be rendered. Individuals who believe they have been the victim of harassment or believe they have witnessed harassment should discuss their concerns with the CRA Executive Director or Board Designee. If an individual receives information regarding sexual harassment they are obligated to report it immediately to the CRA Executive Director or Board Designee. We encourage the prompt reporting of complaints or concerns so that rapid and constructive action can be taken. Therefore, while no fixed reporting period had been established, early reporting and intervention has proven to be the most effective method of resolving actual or perceived incidents of harassment. Harassment Policy Complaint Procedure A. Informal Complaint Procedure Informal Complaints are defined as verbal notifications to the alleged offender and/or to the CRA Executive Director or Board Designee regarding an alleged instance of harassment. The CRA encourages individuals who believe they are being harassed to promptly notify the offender that his or her behavior is unwelcome. If, for any reason, individuals do not wish to confront the offender directly or such a confrontation does not successfully end the harassment, individuals shall notify the CRA Executive Director or Board Designee. The CRA Executive Director or BOard Designee must be notified in all instances. Failure to do so may result in disciplinary action. 1876 12 B. Formal Complaint Procedure Formal complaints are defined as written complaints submitted to the CRA Executive Director or Board Designee' regarding an alleged instance of harassment. The CRA encourages individuals who believe they are being harassed to promptly notify the CRA Executive Director or Board Designee of the unwelcome behavior. The CRA Executive 'Director or Board Designee must be notified in all instances. Failure to do so may result in disciplinary action. Administrative Investiqations Any reported allegations of harassment will be investigated promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have relevant knowledge. The complaint and investigation will be handled with sensitivity, and confidentiality will be maintained throughout the investigation process to the extent allowed by law and to the extent practical and appropriate under the circumstances. Only those individuals with a "need to know" shall be informed of the findings or the extent of the investigation. Employees shall not discuss any circumstances involving the parties or matters at hand unless it is with the CRA Executive Director or Board Designee throughout the investigational processes. Retaliation against an individual for reporting alleged harassment or assisting in providing information relevant to a claim of sexual harassment is a serious violation of this policy and will be treated with the same strict discipline, as would the harassment itself. Acts of retaliation should be reported immediately and will be promptly investigated. In order to protect the welfare of all employees, findings of false or malicious statements intended to harm another individual shall result in immediate disciplinary action. Violations of this policy may result in disciplinary action. Failure to act upon gaining knowledge of violations of this policy may result in disciplinary action. Training shall be conducted on a periodic basis to raise awareness of harassment issues and remedies of same. Failure to truthfully cooperate with an investigation of this nature may result in disciplinary action. 3-4 FORMAL GRIEVANCES It is the policy of the CRA to anticipate and avoid occurrences of formal grievances and to deal promptly with formal grievances that may arise. All formal grievances must be in writing and must include the nature of the grievance and all the facts supporting the grievance. This written document must be submitted 1877 13 to the CRA Executive Director. If a formal grievance is denied by the CRA Executive Director, it will be forwarded to the CRA Board for a final decision. The primary purpose of this grievance procedure is to determine what is right, not who is right. Free discussion between employees and the CRA Executive Director will lead to better understanding of practices, policies and procedures, which affect employees. Discussion will serve to identify and help eliminate conditions, which may cause misunderstandings prior to the filing of written formal grievances. The CRA Executive Director shall establish rules for the processing of formal grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a formal grievance. Formal grievances are to be initiated by employee within ten (10) working days of the event giving rise to the grievance or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days 3-5 PERSONNEL ACTIONS A. Promotion Upon promotion, an employee shall receive an increase to the minimum pay rate of the new position, or up to 10%, whichever is higher. In no case shall the new salary exceed the maximum pay established for the position. Promoted employees shall serve a ninety (90) day position probationary period and may be demoted without notice and without cause during the position probationary period. Demotion Upon demotion, an employee shall receive a decrease in pay of a minimum of 5%, or up to 10% if previously promoted to the higher level classification and awarded that amount for the promotion action, or greater if a higher amount of decrease is necessary in order not to exceed the maximum rate of pay for the lower level position. In no case shall the new lower pay rate exceed maximum of the pay range established for the lower level position. Demotion Approvals and Appeal All demotions and resulting adjustments in an employee's pay rate shall receive the prior review and approval of the CRA Executive Director. Demoted employees not serving within an established probationary period may appeal the demotion action in writing within two (2) working days of written notification of the demotion. The CRA Executive Director shall 1878 14 schedule an appeals meeting within ten working (10) working days of receipt of the employee appeal. The written appeal must state the reason for the appeal and all facts supporting the appeal. The CRA Executive Director shall preside over the appeals meeting and render a decision within twenty (20) working days of the app. eals meeting. The demotion action shall be effected regardless of any appeal request. The demotion may then be overturned by the CRA Executive Director when a decision has been made. The employee may appeal to the CRA Board if the CRA Executive Director upholds the demotion. 3-6 CODE OF' CONDUCT & DISCIPLINARY PROVISIONS Purpose The CRA anticipates that its employees will conduct themselves appropriately, both on and off the job. As a service entity, we must treat our customers in a courteous and respectful manner at all times and our conduct must be consistent with the CRA's goals and objectives. We recognize, however, that there will be instances when employees may act in a manner that is not consistent with the CRA's goals and objectives and the CRA Board's expectations. To address these situations, a disciplinary process has been developed to enable the CRA Executive Director to resolve issues related to unacceptable performance and misconduct. The CRA's goals in establishing such a process are both to ensure that employees understand the potential consequences of inappropriate behavior and to assist them in recognizing the severity of such consequences, with the hope that disciplinary sanctions, if required, will encourage the individual to personally resolve whatever concerns exist with respect to either inadequate performance or personal misconduct. Provisions Conduct unbecoming a CRA employee is defined as employee behavior or actions on the part of the employee which hinders or jeopardizes the successful operation of the CRA, undermines teamwork and cooperation among CRA employees, or undermines the public confidence in the CRA or its employees. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure 1879 15 the successful operation of the CRA and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate disciplinary measure. The level of misconduct may differ in individual cases from apparently similar incidents. The CRA retains the right to treat each occurrence on an individual basis without creating a precedent for situations which may arise in the future, This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the CRA, but are to be used as a guide. o The failure of immediate supervisors to document, and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to CRA Executive Director shall serve as grounds for disciplinary action. ° After a period of one year for a Record of Discussion, two years for a Wdtten Reprimand, and five years for a Suspension, discipline will not be considered for Purposes of future disciplinary actions or promotions. However, these items will remain in the employee's personnel file. Verbal warnings or verbal reprimands are not considered as disciplinary action. Examples of Misconduct The following types of infractions, offenses, or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or 1880 16 procedures of the CRA, or employee wrongs or offenses which violate permissible behaviors or are specifically prohibited by law. The listed reasons are for informational purposes only and are not meant to be exhaustive. Each disciplinary action shall be considered on a case-by- case basis. The following are examples of violations which shall result in disciplinary action: 1. Conduct unbecoming of a CRA employee, as specified in the Definitions section. Abuse of CRA policies including, but not limited to: · abuse of sick leave privileges, sick leave policy or excessive absenteeism · failure to notify CRA of current address and telephone number within ten (10) calendar days of change · failure to report any outside employment · possession of a firearm or concealed weapon on CRA property or while performing official CRA duties · suspension or revocation of any required job-related licenses or certifications · use of abusive language to or about an employee, co-worker, supervisor, or the public · insubordination, meaning the failure to recognize or accept the authority of a supervisor · threatening a co-worker or supervisor Abuse of departmental procedures and work rules including, but not limited to: failure to provide name and official title to any person requesting same when performing work related duties habitual extension of lunch periods or break period habitually late for work without valid reason smoking in prohibited areas unauthorized solicitation, posting of material, or non-productive behavior disrupting or hindering departmental operations outside employment which conflicts, interferes or otherwise hampers the performance of the employee in their CRA job unauthorized personal use of CRA equipment or funds improper use of CRA time for conducting personal or private business other department rules as communicated by director/supervisor 1881 17 Documented failure of a supervisor to perform duties required of supervisory employees including recommending and/or taking disciplinary actions when necessary. o Violation or disregard of CRA's Safety policy and procedures including: · unauthorized use or unsafe operation of CRA property, equipment or vehicles. · failure to report an on-the-job injury or accident within 24 hours to immediate supervisor · supervisor's failure to report an employee's on the job injury to the CRA Executive Director within 24 hours and/or completion of necessary documentation 6. Illegal, unethical or improper acts including: · theft or removal of CRA property without proper authorization · falsifying employment application or concealing information during pre-employment screening or processing · soliciting or accepting an unauthorized fee or gift · giving false information, or failure or refusal to fully cooperate or provide full, truthful information in CRA initiated investigations · possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test · possession or use of alcohol while on duty; or reporting to work under the influence of alcohol · refusal to participate, if offered, in a drug/alcohol rehabilitation program, and to sign and abide by a return to work agreement when the CRA receives positive confirmed results on any CRA ordered drug test such as workers' compensation, accident or reasonable suspicion drug or alcohol testing · refusal to submit to a CRA sponsored drug or alcohol testing such as workers' compensation, reasonable suspicion, follow up, or applicant processes · violating the CRA's Sexual Harassment policy through interaction with another employee or a member of the public Procedure When an immediate supervisor becomes aware of conclusive evidence of the need for employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct, or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct 1882 18 shall be required on the' part of the immediate supervisor in order to establish appropriate records. The CRA Executive Director will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. Administrative Review: Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any CRA employee. These investigations shall be conducted by the CRA Executive Director or designee, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. The CRA Executive Director assumes responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. Criminal Investigations: Investigations conducted when criminal violations are reportedly committed by any employee of the CRA. These investigations shall be conducted by the local Police Department, in collaboration with the CRA Executive Director. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted. The immediate supervisor, with the approval of the CRA Executive Director, may initiate a three (3) working day or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident of misconduct in the absence of the employee. Suspensions with pay of more than three (3) working days require the approval of the CRA Board. This practice may also be used in the event that alleged misconduct is severe but unproven. The immediate supervisor shall immediately notify the CRA Executive Director of the choice for suspension so that the suspension may be issued and the matter may be immediately investigated. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures-are not recommended after the investigation, the suspension with pay period shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. Types of Action 1. Counseling 1883 19 Consists of the immediate supervisor warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetition of employee behavior. Future violations will result in further discipline up to and including termination. A Record of Discussion form should be completed by the immediate supervisor. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. The Record of Discussion form shall be forwarded to The CRA Executive Director for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments on a separate sheet for inclusion in the record. Written Reprimand Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits, or behavior. A written reprimand may include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits, or performance which require improvement; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to The CRA Executive Director for retention in the employee's records, with a copy provided to the employee. Employees may submit comments on a separate sheet for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvement, a follow-up discussion at the end of the designated time period should be conducted. This follow-up discussion will provide a specific opportunity to review the employee's improvement relative to the discipline. Written reprimands should be reflected on the employee's performance evaluation along with any noted improvements. Suspension 1884 20 Consists of an employee being prohibited from returning to work until the specified period of suspension has passed, if the suspension is greater than one (1) working day, it shall be issued on a consecutive working day basis. Unless provided for otherwise in this policy or disallowed by the Fair Labor Standards Act, all suspensions shall be without pay. Suspensions shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of previous discipline support a suspension for a specified period of time. Employees shall be suspended pending the outcome of a recommendation to terminate and shall remain under suspension until the CRA Executive Director has made a final determination in a pre-termination hearing, if elected by the employee. With the written authorization of the CRA Executive Director, immediate supervisors have the authority to issue a suspension for three (3) working days or less. Suspensions beyond three (3) working days require prior authorization by the CRA Executive Director. Suspensions due to a recommendation to terminate only require the CRA Executive Director's approval. Employees being suspended shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. It shall be the employee's responsibility to pay for insurance benefits and/or any other payments previously paid through payroll deductions during any suspensions without pay in order to maintain such benefits during these periods. Lapses in payments may result in forfeiture of such benefits. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to The CRA Executive Director or designee for inclusion in the employee's records, with a copy provided to the employee. 1885 21 4. Demotion In the context of this policy, demotion consists of an employee being involuntarily removed from higher level classification to a lower level classification, with a resulting decrease in annual salary. Although not limited to such instances, demotions may occur in some cases because of an inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions, such as licensure or certification. In addition, during position probation an employee shall be subject to demotion without the CRA being required to state a reason. The employee shall have access to the appeal process. A demotion will involve a decrease in salary of not less than 5%, commensurate with the decrease in responsibilities. Immediate supervisors should discuss the potential demotion of an employee with the CRA Executive Director prior to a written recommendation for demotion. The supervisor shall then submit the written recommendation to the CRA Executive Director. Demotions require authorization from the CRA Executive Director prior to being effected. Written notification of demotions shall be provided to the employee by the CRA Executive Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination of employment. All documentation of a demotion shall be retained in the employee's file by the CRA Executive Director. Employees may submit comments on a separate sheet for inclusion in their personnel file. Employees may voluntarily request a demotion to a lower level classification. Such demotion shall not be punitive. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification, and forwarded to the CRA Executive Director for inclusion in the employee's records. 1886 22 Dismissal Dismissal is a result of an employee's involuntary termination which severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. Immediate supervisors shall supply thorough documentation and discuss recommendations for an employee's dismissal with the CRA Executive Director. Dismissals of regular employees shall be effected only with the authorization of the CRA Executive Director and review by the CRA Attorney. A written notice of the recommendation to terminate shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, the notice shall be sent via U.S. mail to the most recent address on record in the personnel file. The recommendation shall include the following information: The underlying reasons for the recommended termination. Documentation upon which the supervisor relied formulating said recommendation. Co in An explanation of his/her rights to request a pre- determination hearing prior to the recommendation to terminate being decided upon by the CRA Executive Director and the fact that the decision of the CRA Executive Director shall be final. If an employee does not exercise their right to a pre-determination hearing, the termination will become effective after the expiration of the two (2) working day pre- termination election period. If the employee elects a pre-determination hearing, the CRA Executive Director shall schedule such hearing within ten (10) working days to occur within thirty (30) of the employee's election for such hearing. bo It the employee does not elect the pre-determination hearing within two (2) working days, the CRA Director will render a decision on the recommendation for termination. If the CRA Executive Director authorizes the termination, a notification letter shall be delivered to inform the employee of the decision and to provide notice of the employee's right to a post-termination Formal Hearing. The terminated 1887 2¸3 employee must elect the Formal Hearing within two working days of the date of the notification letter. (2) Whether the CRA Board's final determination is dismissal or a lesser form of discipline with reinstatement at the same or lower level position, the recommendation to terminate and the CRA Executive Director's notification letter shall be placed in the employee's personnel file, and a copy shall be forwarded to the employee. Employees may submit comments on a separate sheet of paper for inclusion in their personnel file. Initial probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause and it shall be effective after authorization by the CRA Executive Director. At the time of dismissal, employees are required to surrender to their supervisor or designee all CRA property which may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final wages. 6. Inefficiency or Incompetence The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals and contribute to team success. Employees who receive an OVERALL "Below Expectations" evaluation shall be given a follow-up evaluation within sixty (60) calendar days of the initial "Below Expectations" evaluation. More than one overall rating of "Below Expectations" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of "Meets Expectations". 1888 24 SECTION 04: CLASSISFICATION & PAY PROVISIONS 4-1 CLASSIFICATION PROVISIONS Purpose of the Classification Plan The classification plan provides for a systematic arrangement of positions. The plan groups related positions into classifications with a similar range of duties, level of responsibility, and nature of work performed. 4-2 PAY PROVISIONS Purpose of the Pay Plan The pay plan shall provide the basis of compensation for all employees and shall be administered and recommended for revision as appropriate by the CRA Executive Director. The Pay Plan shall include: Ao B. 4-3 Schedules of pay rates for each title in the classification plan consisting of the minimum and the maximum hourly rate, and/or annual salary. Identification of non-exempt and exempt classifications. HOURS OF WORK / OVERTIME / COMPENSATORY T.IME A. Hours of Work Bo Hours of work will be determined by the CRA Executive Director, subject to the approval of the CRA Board and shall be uniform for all employees and be determined in accordance with the needs of the services and operational needs of the CRA. Situations may arise that may require employees to work additional hours without notice. All employees are required to work additional hours when notified by the CRA Executive Director of the need to work. The initial office hours of operation shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday except for approved holidays. Overtime Overtime hours are hours actually worked by non-exempt employees in excess of a forty (40) hours per workweek and must be authorized in advance by the CRA Executive Director before such overtime is permitted. The established workweek is Tuesday 12 a.m. through Wednesday 11:59 p.m. for FLSA purposes. 1889 25 Non-exempt employees are given compensatory time for overtime hours worked at the rate of time and one-half hours for all authorized time actually worked in excess of forty (40) hours a week. Hours that shall count towards overtime calculations only include those hours "actually" worked. Annual leave, sick leave, holiday pay, suspensions with pay, workers compensation leave, family medical leave, funeral leave, jury duty, annual military leave and other absences from work while in active pay status will not be counted as time actually worked for purposes of determining whether overtime has been worked in excess of forty (40) hours per week. Co Compensatory Time as Payment for Overtime Hours Worked Compensatory time shall be awarded and earned at 1.5 hours for every hour of overtime worked above 40 hours in lieu of cash compensation in accordance with FLSA. Cash payments for overtime compensation may be authorized at the discretion of the CRA Executive Director. Accruals of compensatory time may be accrued up to 80 hours and may be used'by the employee provided reasonable notice has been given to the CRA. Exempt employees are expected to work the necessary hours to complete their assignments and are ineligible for overtime. Special leave time may 'be granted to exempt employees up to 40 hours annually in recognition of their dedicated services to the CRA. SECTION 05: EMPLOYMENT CONDITIONS 5-1 OUTSIDE EMPLOYMENT Employees may engage in outside employment during off-duty hours when such employment does not in any way interfere or create a potential conflict of interest with their CRA employment. An employee, who wishes to engage in any outside employment including self-employment, shall provide information concerning the proposed employment to the CRA Executive Director for approval prior to engaging in outside employment. 5-2 CRA EQUIPMENT The personal use of any CRA equipment, such as computers, tape recorders, cameras, tools, vehicles, etc., shall be prohibited unless otherwise approved in advance by the CRA Executive Director. In addition, employees are not to use any CRA e-mail addresses for receipt of personal mail. 1890 26 5-3 ADDRESS ANDTELEPHONE NUMBER Employees are required to report any change in address or telephone number to the CRA Executive Director within ten (10) working days of the change. Failure to comply with this requirement may result in disciplinary actions up to and including termination. The employee shall also maintain on a current basis the name, address and.telephone number of the person(s) to contact in case of emergency. 5-4 POLICIAL ACTIVITY No CRA employee shall take any active part in political campaigns or other political activities during duty hours. In accordance with Florida Statutes, as amended, employees are prohibited from engaging in certain types of political activities while either on or off duty. Employees, in their private capacities, may express their opinions on any political candidate or issue and/or participate in campaigns during their off-duty hours; however, they are prohibited from using their official authority or influence or appearance of doing so through the wearing of CRA uniforms or official attire, or in CRA vehicles while participating in political campaigns, for the purpose of aiding or interfering with an election or nomination, or coercing or influencing another person's vote or affecting the result thereof. No buttons, bumper stickers, pins, or any political signage shall be adhered to CRA vehicles, or worn during the workday while on the job, or wom on CRA official attire, or posted on or about CSA premises. Nothing herein shall be construed to prohibit an employee's right to engage in casual workplace discussions on social or political topics, so long as such discussions do not, in the judgment of management of the CRA, interfere with the orderly, peaceful, and efficient performance of assigned duties or with the valid exercise of authority of management. 5-5 RESIGNATION Resignation is the voluntary separation of an employee from employment accomplished by serving a written notice expressing a decision to end employment with the CRA, Such written notice shall be deemed to be accepted immediately. An employee who wishes to leave in good standing shall provide at least two (2) weeks notice, before leaving. Resignations may be rescinded only with the written approval of the CRA Executive Director. Employees that fail to report to work or fail to call in absent to their supervisor for three (3) consecutive working days shall be deemed as having voluntarily resigned from employment. A letter of termination shall be mailed within two (2) working days to the last know address of the employee stating the reasons for the termination. 1891 27 5-6 DRUG FREE WORKPLACE POLICY As part of our commitment to safeguard the health of our employees, to provide a safe place for our employees to work, and to promote a drug free community, the CRA has established a Drug Free Workplace prohibiting the use or abuse of alcohol and drugs by employees. In the spirit of safety, employees are expected to support our drug free workplace. Substance abuse, while at work or otherwise, seriously endangers the safety of employees, the general public, and creates a variety of workplace problems including a decline in the quality of products and services provided. Employees injured in the course and scope of employment that test positive on drug or alcohol tests may forfeit medical and indemnity benefits under FlOrida's Workers Compensation. Refusal to take drug or alcohol tests also results in forfeiture of medical and indemnity benefits under Florida's Workers Compensation and automatic termination of employment. Reasonable assistance is offered to employees who voluntarily recognize a substance abuse problem. However, performance standards are upheld even if 'Below Expected' performance is related to drug or alcohol use; such instances result in disciplinary actions. Violations of the Drug Free Workplace policy are not tolerated and result in disciplinary actions up to and including termination. SECTION 06: EMPLOYEE BENEFIT PROGRAMS 6-1 VACTION LEAVE A. Purpose of Vacation Leave The purpose of vacation leave is to provide regular full-time exempt and non- exempt employees with an opportunity to be absent from 'work for approved reasons without loss of pay or benefits. B. Accrual Rate and Maximum Accrual Vacation leave is accrued based on the employee's length of service with the CRA. New employees accrue vacation leave days retroactive to their hire date and may begin to use such vacation leave accrual upon completion of the ninety (90) day probationary period initiated with the employee's first day of employment. Accrual rate, as outlined in the following table shall occur from the date of initial employment and accrue per completion of the established pay period cycle. All references to "years of service" are defined as "continuous" years of service for the purposes of th]i~olicy. 28 Years of Service 0 up to completion of 1 year Greater than 1 year, less than 5 years Greater than 5 years, less than 10 years Greater than 10 years Annual Annual Annual Accrual Houm pays 1.54 40 5 3.08 80 10 4.62 120 15 6.15 160 20 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two (2) employment years not to exceed 320 accrued and unused hours. Vacation leave accrued from the date of hire may exceed this stated policy, however, any amount over the accrued amount of the two (2) most recent employment years maximum that has not been used during that time frame will be forfeited as of the beginning of the new anniversary date of hire. 6-2 SICK LEAVE As each month passes, a regular full-time exempt or non-exempt employee accumulates one (1) eight (8) hour day of sick leave to a total of twelve (12) days per year constituting a maximum ninety-six (96) hours per year. Sick leave with pay shall be computed from the hire date of the employee with accumulation of sick leave not to exceed Sixty (60) working days An employee will be granted sick leave if the employee's absence from work is necessitated by one (1) of the following reasons: Employee's health or the health of an immediate member of the employee's family. (For purposed of this section, "immediate family" is defined under Definitions, Section 1-4). Medical, dental or optical treatment, which is necessary during working hours. C. Quarantine due to exposure to a contagious disease. All requests for more than three (3) consecutive days of sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for duty. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. 1893 29 6-3 HOLIDAYS The following holidays will be observed each year: New Years Day (January 1) Martin Luther King's Birthday (as designated) President's Day Memorial Day Independence Day Labor Day (First Monday in September) Thanksgiving Day (Fourth Thursday in November) Thanksgiving Friday One-half (1/2) day on Christmas Eve Christmas Day (December 25) One-half (1/2) day on New Years Eve Floating Holiday will be observed each year: Veterans Day (Floating Holiday) The CRA Board reserves the right to declare these and any other holidays on a date designated by the CRA board; such dates do not necessarily have to be on the specified traditional date, but on the date that meets the best interest of the CRA. Regular full time Employees shall be paid for the legal holidays at their current pay rate. Regular full time Non-exempt employees who work on a holiday shall also be paid for their holiday plus the time worked at straight time. Regular full- time employees must be in pay status during regular workdays immediately before the holiday and after the holiday in order to receive pay for the holiday. Part-time, temporary, and emergency appointed employees are not entitled to holidays with pay. 6-4 COMPASSIONATE LEAVE Employees may be granted by the CRA Executive Director, upon request, up to five (5) working days of compassionate leave with pay due to a death in an employee's Immediate Family. Under extreme circumstances and with the agreement of CRA Executive Director, the leave may be extended. 1894 30 6-5 JURY DUTY Any employee summoned for jury duty or to be a witness related to CRA business shall comply with such summons without loss of pay. Any compensation received as a result of compliance with such summons shall be returned to the CRA, less any amount attributable to an allowance for mileage. If an employee is summoned to appear for jury duty or as a witness, the employee must notify the CRA Executive Director immediately. An employee receiving a witness summons for non-CRA business must use accrued vacation pay to cover the work hours missed. 6-6 MILITARY LEAVE The CRA recognizes an employee's responsibility to fulfill U.S. Military Armed Forces obligations or annual training sessions or active duty call-up and provides this benefit to eligible employees. All actions regarding military leave shall be governed by Florida Statute 115 as amended. 6-7 SHORT TERM DISABILITY Regular full time Exempt and Non-exempt employees may experience illness or disability requiring that an employee is not able to work for a duration of time that may or may not be defined at the onset of the illness or disability. Employees under a physician's care that require an extended duration of time away from work due to such illness or disability will have their positions (or a position of equal compensation and comparative duties/responsibilities) held for a maximum of sixty (60) working days, constituting a total of 480 hours. This allowable number of days/hours coincides with the maximum accumulation for unused sick leave as established in Section 6-2. Employees exercising provisions of this section may continue their regular compensation through use of the employee's accrued sick, annual, and/or any otherwise authorized accumulated/credited leave time that has been earned/accrued by the employee and recorded by the CRA. Employees that do not return to work at or prior to the expiration of the allowable 480 hours will be deemed to have abandoned their position with the CRA. 6-8 LONG TERM DISABILITY The CRA does not provide a Long Term Disability policy to regular full time Exempt and Non-exempt employees. 1895 31 6-9 LEAVE WITHOUT PAY A regular full time exempt or regular non-exempt employee may be granted leave of absence without pay for a period not to exceed sixty (60) working days (480 hours) for illness, disability or other reasons. Such reasons, other than physician attended illness or disability, must be outlined in writing and submitted to the CRA Executive Director for review and approval or denial. Employees may not be employed elsewhere during an authorized Leave without Pay period of time. Such leave shall require the prior approval of the CRA Executive Director and the CRA Board. Employees that are on approved leave of absence without pay will be responsible for paying the premiums and/or other established payroll deduction requirements for continuation of benefits. Employees will not continue to receive time accrual for any benefits during the duration of the Leave without Pay Period, except as may be provided for under State and/or Federal Law. 6-10 MEDICAL AND DENTAL INSURANCE The CRA will offer regular full time employees medical and dental insurance coverage comparable to those programs offered by the City of Boynton Beach to their regular full time budgeted employees. The CRA Executive Director or designee will perform a review for the medical and dental insurance coverage every year and provide the CRA Board with the information to make an informed decision on the selection of medical and dental insurance coverage for the CRA staff. The CRA will cover the cost for exempt and non-exempt full time employee medical and dental insurances. The CRA employee will cover any additional cost for any additional coverage selected for spouse and/or children of the employee. Employees on approved leaves of absence must pay the non- subsidized rate for all insurances in effect during their leaves of absence. 6-11 RETIREMENT All regular full time exempt and non-exempt employees will be eligible to participate in the CRA' s 457 retirement benefits plan after one (1) year of continuous employment. The CRA will match up to 5% of the employee gross salary. The employee will receive a 20% vesting schedule each year and be considered 100% vested after five (5) years. 1896 32 V. Public Audience. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1897 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. VI. Public Hearing Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1898 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. TO: THRU: FROM; DATE: SUBJECT: DEVEI. OPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-1:31 Chairman. and Members Community Redevelopment Agency Board Michael W. Rumpf Planning and Zoning Director PlannerMaXime Ducoste-Am~d~e May 28, 2003 Abandonment of a 20-foot wide alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton (ABAN 03-006). ~ATURE OF REQUEST The applicant and agent for Nicholas and Carmela DiLorenzo, Beril Kruger. is requesting to abandon a portion of the 20-foot wide alley located between N.E. 8~h Avenue and N.E. 9th Avenue. This request to abandon a. public alley was submitted on March 6, 2003. This abandonment is for the following unimproved platted alley segment: A segment of that certain 20.fOot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat I~ook II, Page 71 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned, The attached Exhibit "1~"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. No~h A vacant parcel recently approved for an office/retail building (Schnars Business Center) zoned MU-L and farther north, N.E. 9th Avenue right-of-way; South - A retail commercial building, zoned C-4; East - A single-family neighborhood, zoned R-l-A; and West - North Federal Highway right-of-way, and farther west, a vacant retail commercial building, zoned C-4. BACKGROUNq 1899 In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. AS such this clause is in favor of the original interest party if any right of way is abandoned, Pursuant to FlOrida Statutes Sections 117.085, reversions contained in plats recorded prior to July 1, 1972 Page 2 Memorandum No. PZ 03-131 ABAN 03-006 would be extinguished if specific action were not taken to establish such rights on or before July 1, 1973. Under direction of the city's legal department, the applicant shall provide a statement confirming that such action was not taken, and providing assurance that, in the event that a future title issue arises from the abandonment, as it relates to the reversionary interest, the property owner shall provide any required defense of It at its sole cost and expense. The property located on the west side of the alley segment to be abandoned has been subject to several code violations from the City's Code Enforcement Division because of dumping in the subject alley. The applicant has the intention of vacating the 20-foot alley to consolidate it with Lots 24, 25 and 26. That portion of the alley segment once vacated, will be fenced to prevent future illegal dumping. The 20-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the lot/easement will revert to the adjacent property owners. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public noticewas given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light BellSouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection Approval with conditions (see Exhibit "C") No objection APproval with conditions (see Exhibit 'C") Approval with conditions No objection Approval with conditions (see Exhibit "C") N/A RECOMM,ENDATION Staff has determined that the subject alley no longer serves a public purpose, and therefore recommends that this request to abandon the segment of the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community Redeyelopment Agency Board and the Commission will be placed in Exhibit "D" - Conditions of Approval, xc: Central File $*U3iannino~..ed-lARED~Wl~Pl~OJEGT~Dil..~'ert~u~ ABAN O,3~X~ff tepO~.do~ 1900 Location Map DiLorenzo ABAN 03-006 EXHIBIT "a" I I / I C2 PU NE 1901 LOCATION MAP NOr )'0 .~CALF LEGEND: ~ = CENTERL~IE CONC. ~ CONCRETE '," ,. WALL .-. ~ = CHAIN LINK FENCE -- ~ ~ -- OVERHEAD UTILITY LINEE ~.5.M.N. - SANITARY SEWER MANHOLE 4REA ~ 2,825 SQUARE FEET OR 0.064 ACRES, MORE OR LESS FLOOD ZONE: B DESCRIPTION: ;')~Ar PORr~ON OF A 20 FOOt ALLEr RICHr ~ ~ ~XST ~ ~NO ~O~Cg~r TO COTS ~. ~, 2~. BLOCK 4, L~K~ XDDIr~N TO BOYNT~ ~CCORO~ TO ~tE PL~r FHE~ ~S RECORD~fl ~AT BOOK 11, PAG~ 71 ~ T~ P~L~ ~C~O% 0~0~ tOT 25 BLOCK LOT 26 BLOCK LOT BLOCK LOr BLOCK ~ ~_"_~_.;~ ...... 8TH A VENUE p~ EXHIBIT ,::-E PROPOSED ABALNoOTO~IoME N'r 8LOCK 4 LOT 27 BLOCK ,I MAP OF BOUNDARY SURVEY I i- Ill , I ,.. I. : t , EXHIBIT "C" . .delPhia Engineering Department t 401 Norttrpo/nt Parkway West Palm Beach, FI 33047 February 21, 2003 Be, HI Kings' Plannfn~.& Zoning Counsultauts 9 NE, 16~" Str~ D~tray Bcach, F133,~t4 RE: Letter of Abandonment i.e.: Lot 24 thru 26, Block-d, La&e AdditiOn to Boyntoa Beach, According to the Plat thereof as Recorded in Plat Book 11, Page 71, Of ~e Public Records of Palm Beach Cowry, Florida. Dear Mr. Kroger: In reviewing your request on th~ above mt*. project, Adglph/- ( W'PB ), .,has no object/om in the abandoning of easement to thc above legal description, as long as Adelphia facilities ara IFmxted thc propm* easvmcnts, We have facilities on the north cast section that r~qu/re proper mtscmcnts. Should you have any other questions, please Ret t~e m call me at 1-:~61.656-8932 / Fax Nurnb~cs - 1-~61-640-3996 / e-mail sumucl.p_m~al~obhia.~om Sincerely, Adelphia ~ng/neering Croup 1904 Florida Public 'UttUttes Company EXHIBIT "C" P,O, Box 3395 West Palm Beach FL 33402-3395 (561)832.2461 1uly 8, 2002 Mr. Beril Kruger BedI Kruger Plaanin & ZonJug Consultants 9 NE 16th St. Dclray Beach, FL 33444 RE: lq.D. Auto, 902 N, Federal Hwy., Boynton Beach, FL 33435 Dear Mr. Kruger: Pl~se be advised the Florida Public Utilities Company has no objection to the abandonment of the existing easement described in yo~ letter. At the present time, wc have no underground gas distribution facilities located within the limits of thc proposed abandonment. CC: D.E. P¢llico C.C. Can/no Sincerely, 1905 EXHIBIT "C" 'BELLSOUiTH BellSouth l'eleoommuldoations. Ina. ;NGINEBtlNG OF. PT - RM. 101 2021 $0. MIUTARY TRAIL WEST PALM 8EACH. FL 334'[5 July 11, 2002 Mr. Beryl Kruger 9 Northeast 16th Street Delray Beach, FL 33444 RE: NOTIFICATION OF UTILITY PROVIDER LETTER FOR ABANDONMENT OF ALLEY PJW N. D, AUTO, 902 NO. FEDERAL HIGHWAY, BOYNTON BEACH, FL Dear Mr. Kruger: BellSouth does object to the abandonment of the alley right-of way due to our existing facilities in said right-of-way. If you execute a utility easement document that encompasses our existing facilities then we will have no objection to the abandonment of the alley right-of-way. If you require any additional information, please call me at 561-439-9118. Yours truly, Michael F. Koenig ~'/ SPecialist - OSPE MFK:is 1906 .'E X.HIBIT "C" Augt~t 5, 2002 BerJl Ktuge, Pla~u~g & Zoniug CounsuJtants Delray Bea¢ '~, Fl. 33444 RE: Legal Description: Lots 24 ti, u 26, Block-4, Lake Addition to Boynton Beach, According t:~ the Plat Thereof as i ecorded in Plat Book 11, Page 71, of the Public Records of J'akn BeaCh County, F~ofida. Dear Mr. I~ uge. r: Florida Po,~ er & Light ha. no objections in the abandoning of easements to thc above legal descril'tion, as long as Florida Power' & Light facilities are gran~ the proper easements. We l)av~ facilitie~ on the north east section of lot 24 that require proper 1907 EXHIBIT "D" Con_ditions of Auoroval Project name: DiLorenzo l'lie IlumoeTz Y~J~,,~, Iw ~.J-~tu~o ,,~, , , DEPARTMENTS ~CL~E ~JECT PUBLIC WORKS- Genial .. , Comments: None 1. ~e proposed r~hc~t ~em~t shall be no less ~ width ~ ~c u~s~g ~ley. ~e ~en~ (20) foot wide ~ley shall be r~l~cd with a ~en~ (20} foot u~H~ easem~t .... P~LIC WORKS- Traffic , Co~m~: None Co--cuts; None -- Comments: ~one ~ouc~ ., Cowm~: NO~e ENG~EE~G DIVISION CommeBts: Nnne ,., B~LDING D~SION Co~ts: None PARKS ANO ~C~AT[gN .... Com~: None , ~O~STE ~EN VI RO~NT~IST ,,, . ..... Co~s: Non~ ,, ,, 1908 ......... P~A~G ~ ZO~G , ,, Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comm~nts: 2. No structures shall be con.~ructed or landscaping placed within the utility vascment without ~xpr '~s written consent of all legal vntities occupy/nS said easement. PRIVATE UTILITIES Cow. rfl~-nts: 3. Adelphia has no objections to the abandonment as long as Adelphia facilities arc granted the proper easement. 4, Florida Power & Light has no object/ohs to the ab/mdonment as long as Florida Power & Light facilities ar~ granted the proper esso-mont. Florida Pow~ & Light have exist/ng faoi]ities on the north east seotion of Lot 24 that require proper easemenm. 5. Florida Public Utilities Company has no objections to the abandonment. F.P.U.C. have no underground gas distr~ui/on located w/thin the limits of the proposed abandonment. 6. Bell.~outh objeot.~ to the abandonment of the alley ri§ht-of-w~y due to Bellsouth existing facilitivs in sa/d right-of-way. If a utility easement document that encompasses Bellsouth existing facilities then wv w/Il have no object/on to the abandonment of the alley fight-of-way. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To bc determined. ADDITIONAL CITy,COMMISSION CONDITIONS ,, Comments: I. To be determined. 1909 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DILorenzo Abandonment APPLICANT'S AGENT: 8eril Kruger- Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 NE 16a Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June t7, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book ti, Page 71 of the Public Records of Palm Beach County, Florida. LOCATION OF PROPERTY: 90:~ North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission havtng considered tile relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ... HAS ~ HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and 'supported by substantial competent evidence are as set forth on Exhibit 'C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof, DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shell be made in accordance with the terms and conditions of this order. 7. Other City Clerk DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVTSION MEMORANDUM NO. PZ 03-134 STAFF REPORT TO: THRU: Chairman and Members Community Redevelopment Agency and City Commission Michael W. Rumpf ~t_u ~ Planning and Zoning Director FROM: Maxime Ducoste-A. ~ Planner DATE: June 2, 2003 PROJECT NAME/NO: Boynton Hills N.W. 3rd Court/ZNCV 03-005 REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 3,121 square feet, resulting in a lot area of 4,379 square feet within the R-i-A single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a twenty-five (25) foot front yard setback to allow a 5 foot variance, resulting in a 20 foot front yard setback within the R-i-A single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a twenty-five (25) foot rear yard setback to allow a 12.5 foot variance, resulting in a 12.5 foot rear yard setback within the R-:L-A single family zoning district. Property Owner: Applicant/Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: PRO3ECT DESCRZPTZON Habitat for Humanity John Shelly-VP Construction N.W. 3rd Court Low Density Residential (LDR)/R-i-A No changes are proposed Single-family house 0.10 Acre (4,379 square feet) 1911 Staff Report Memorandum No PZ-03-134 Page2 North: South: East: West: A single-family house zoned R-:I.-A, single family residential district; N.W. 3rd Court right-of-way, and farther south a single-family house zoned R-l-A, single family residential district; Vacant property zoned R-l-A, single family residential district; and A single-family house zoned R-l-A, single family residential district. BACKGROUND The subject property is vacant and located within the Boynton Hills subdivision. It is currently zoned R-l-A, single-family residential dwelling district (see Exhibit "A" - Location Map). The lot is currently vacant and remains as originally platted. The Boynton Hills subdivision was platted in ~.925. Contrary to the gridiron pattern used in the development of most American towns, this subdivision used the radial .scheme and diagonal avenues over the grid (see Exhibit "B" - Boynton Hills Subdivision). This design created many irregularly-shaped and substandard lots by current regulations. The majority of the subdivision is developed including a large portion of the original substandard lots. The subject vacant parcel (Lot 172) has a frontage of 62 feet and a total area of 4,379 square feet. It is a non-conforming lot because it does not meet the R-1-A district regulations. In this case, Section 11.1.C., Non-conforming regulations is not applicable since the parcel is less than 5,000 square feet in area. Mr. 3ohn Shelly, applicant for Habitat for Humanity, is requesting the above-referenced variances to construct a single-family residence on a substandard lot (see Exhibit "C"- Proposed Building and Site Plan). Tt should be noted that the R-I-A zoning district allows development of a single-family residence. The minimum requirements to build a single-family dwelling in the Rq.-A zoning district are as follow (Chapter 2, Zoning, Section 5. D.2.a.): · Lot area: 7,500 square feet · Lot frontage: 60 feet · Front setback: 25 feet; · Rear setback: 25 feet; · Side setbacks: 7 1/2 feet. The applicant is proposing the following lot characteristics and setbacks: · Lot area: 4,379 square feet; · Lot frontage: 62 feet; · Front setback: 20 feet; · Rear setback: 12 1/2 feet; · Side setbacks: 7 1/2 feet. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: 1912 a. That spec/a/cond/t/ons and c/rcumstances ex/st wh/ch are pecu//ar to the/and, structure, or bu/Id/ng /nvo/ved and wh/ch are not app//cab/e to other/ands, structures or bu//d/ngs /n'the same zon/ng Staff Report Memorandum No PZ-03-134 Page_4 this proposed application represents the minimum variance required in achieving the reasonable use of the land. In addition, it should be noted that the lots located to the north, east and west of the subject property are developed, thereby preventing further land assemblage to create a lot sufficient in size to comply with the minimum lot standards. Lastly, staff finds that granting the variances will not be injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement will be consistent with existing characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles. RECOM MEN DAT'ZO N Based on the analysis contained herein, staff finds that a "hardship" exists. This request will not be injurious to the area or detrimental to the public welfare; the variances requested are the minimum necessary to make possible the reasonable use of the land. Staff also concludes that the approval of the requested variances will enhance the community by supporting new infill housing development in the neighborhood. Therefore, staff recommends that the requested variances be approved, thereby granting relief from the Land Development Regulations, Chapter 2-Zoning to allow: 1) A 3,121 square feet reduction from the required minimum lot area of 7,500 square feet to allow a lot area of 4,379 square feet; 2~ A 5-foot reduction from the twenty-five (25) foot front yard setback required by code to allow a 20-foot front yard setback; and 3) A 12.5-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 12.5- foot rear yard setback. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "E" - conditions of approval. MWR/MD S:\Planning\SHARED\WP\PRO.]ECTS~Boynton Hills\Boynton Hills Block A Lot ~.72 ZNCV 03-005\STAFF REP.doc 1914 Staff Report Memorandum No PZ-03-134 Page 3 district, b. That the special conditions and circumstances do not'result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any spec/a/privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning d/strict. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e, That the variance granted is the m/n/mum variance that will make possible the reasonable use of the /and, building, or structure. That the grant of the variance will be/n harmony with the genera/intent and purpose of this chapter £ord/nance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "D'. Indeed, this non conforming circumstance is a result of the subdivision being platted in :[925 according to less stringent standards, and following the aesthetic approach of the City Beautiful movement. Tn 1975, the City adopted new zoning regulations, which caused many parcels to become legally non- conforming, including those in the Boynton Hills Subdivision Plat. Staff verified by site visit that the substandard conditions exists, and that a large number of parcels have been developed with single-family homes. Also, regardless of what allowable use is proposed for Lot 172, unless assembled with adjacent property, variances for lot area, front and rear setbacks would be required, as the minimum needed to make possible the reasonable use of the land. Staff concurs with the applicant that special conditions and circumstances exist, related to lot depth, that are not the result of actions by the applicant, therefore satisfying criteria "a"a'nd "b"above. It should be noted that the construction of a home on the subject lot, within the minimum setbacks would not likely meet the minimum living area requirement. Staff also concurs with the applicant that the approval of the variances will not confer any special privileges. There are several substandard parcels within the area, similarly zoned, which were also the subject of variance approvals in conjunction with the development of single-family homes. For example, a single-family home exists on the adjacent lot to the north (lot :[73) with approximately a :[5-foot rear setback, as estimated by the straight alignment of the rear building line. Therefore, denial of this variance request would deprive the applicant of the rights already enjoyed by others. Therefore, criteria "c"and "d"are satisfied. With respect to criterion "e", which considers if the request is the minimum necessary to make possible the reasonable use of the property, a unit design has been selected. Regardless of the building configuration on the lot, any single-family dwelling that would meet the minimum living area standard would still encroach into the front and rear setbacks. Originally, the applicant proposed a layout that would meet the 25-foot front yard setback, but would have reduced the rear yard setback to 7 1/2 feet, resulting in placing the building close to the neighboring property to the north. 1913 Staff consulted with the applicant regarding options for developing the site. Staff realized with the applicant that by moving the proposed structure to 20 feet from the front property line, the rear yard setback would increase from 7 1/2 feet to 12 1/2 feet. This scenario would increase the back yard and would provide greater privacy between the subject property and the abutting parcel to the north. Therefore, the impact on the adjacent property, can be reduced to a minimum while preserving the streetscape on S.W. 3rd Court. As such, Location Map Boynton Hills NW 3rd Court ZNCV 03-005 EXHIBIT "A" TON BEACH .BLYB Z · NW ~1 ST-.AVE ' .............................. i .... PU " N ..... E--1ST-AVE ........ 1915 /7.5' I 7 /.~o EXHIBIT "C" ~ +24.5 ~25.0' LOT BLOC/< A LOT l?J BLOCK A EXtS17~G R£S~NCE +26.0 FLOOR +25.27 · +26.8 /., 1917 O'~RIEN, SUIT£R & O'BRIEN, INC. // /,- / 1918 EXHIBIT "C" ~ROPOSED BUILDING EXHIBIT "E" Conditions of Approval Project name: Boynton Hills N-W 3~d Street (Habitat for Humanity) File number: ZNCV 03-005 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING A_ND ZONING Comments: None 1920 ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS EXHIBIT "D" Statement of Special Conditions Variance Request by Habitat for Humanity for NE 3rd Ct. 03/31/03 We are requesting variance of the rear setback from 25' to 10' and lot area to 4379 sq. f~. for this irregular lot in order to accommodate the construction of affordable housing in Boynton Beach. A. This lot was given to us by the city but is un-buildable even under the Non-Conforming lot rules. B. The lot would be unbuildable without a variance due to surrounding property restrictions not caused by the applicant. C. This problem is common in this neighborhood. Granting the variance would allow us the privilege of building a SFR enjoyed by current residences. D. See B above. Affordable housing builders need to have this type of variance to obtain infill lots and keep the prices affordable. E. This variance will allow Habitat for Humanity to build much needed affordable housing. F. It is a recognized fact that Habitat homes and home owners upgrade the neighborhoods in which we build, reduce crime, and add to the tax base of the community For these reasons we feel it is in the community's best interest to grant the variance to facilitate affordable housing. 1919 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT C o mment s: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. SAPIanning\SHARED\WP~PROJECTSXBoynton HillsXBoynton Hills Block A Lot 172 ZNCV 034)05\COA.doc 1921 S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Hi~ls NW 3rd Court Block A, Lot 172 - Habitat for Humanity APPLICANT'S AGENT: John Shelly - VP Construction APPLICANT'S ADDRESS: 2200 NW 2nd Avenue, Suite 209 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 17, 2003 TYPE OF RELIEF SOUGHT: Three (3) zoning code variances from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, for reduction of the minimum lot area to 4,379 square feet, the minimum front yard setback to 20 feet and rear yard setback to 12 ½ feet. LOCATION OF PROPERTY: Boynton Hills Lot 172 Block "A", NW 3rd Court, Boynton Beach, FL. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City COmmission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 1922 Other DATED: City Clerk VII. Director's Report: Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1923 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 6/5/2003 9:50 AM MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson June 4, 2003 CRA Activities On-Going Items: Developer Inquiries and Coordination - Work with potential developers, real estate agents/brokers and landowners to disseminate related information on CRA plans and opportunities. Agency Operations - This encompasses internal work such as accounting, insurances, contract administration, City coordination of overlapping issues (zoning, development planning, etc.), and external networking, building alliances, macro CRA issues. Community interfacing with individuals, groups and entities. Grant requests, review and administration (Fagade Grant and Direct Incentive Program). Events coordination, HR issues, Grant Source Tracking/Application, Revision and Up-Dating of Operational Manuals of various types, Board meeting preparations, etc. Development Items: Group A Boynton Beach Blvd/Promanade/Riverwalk Design / Build RFQ - Contract renegotiations and final contract options have been developed with Legal Staff and Board Member Aguilar at this time. June 10th target. Way-Finding Signage Program - Next work review meeting will be on sign placement, phasing, type locations and content. The City will be brought into the project for their needs, input and discussion of a possible City "Piggy Back" contract for their items beyond the CRA project. Bob Trescott from Guidance Pathways 1924 system has conducted a walk of the area through. Staff has received updated material. Presentation and workshop targeted for June 2003. Ocean District Redevelopment Plan Update - City Planning Department is drafting the plan study. Plan was accepted in the May 13th Board meeting and workshop to review targeted for late June or early July. MLK Property Acquisition Phase I - Staff has begun meetings with the area property owners about redevelopment. Developers and owners are being assembled for creation of development strategies to begin projects. Target July for public announcements. CBD Parking Acquisitions - Negotiations have been underway to acquire future public parking spaces. Project scope includes several existing owners in the targeted Block. Comprehensive Redevelopment Master Plan for the Block is being completed by the private sector. Target June or July for "letter of understanding" between the various parties. Contract for Real Estate Services - Individual Work Tasks are being defined by Staff and TUG. Focus will be on the first priority properties, three key properties for acquisition and/or condemnation as identified by the City Planning Department. Work task approval in June. RFQ for Boynton Beach Blvd District Redevelopment Plan Up- date - This is proposed to be part of the RMPK contract which would also cover Design Guidelines. Project Scopes have been forwarded to Legal to be used in the design of a Sole Source Contract. Target July meeting. Design Guideline Overlay - Staff held an initial meeting with RMPK Group who is currently under contract to re-write the City's LDR. RMPK Group was asked to present a concept scope of work for Design Guidelines for the CRA area. They were very positive about having the work so that it fits into the City's LDR. We will seek legal direction after the scope is determined as to the possible "Piggy Back" or change order to the current City contract for the new CRA work. Target July meeting for consideration. Financial Investment Strategies - Staff is developing a RFQ for investment strategies and will bring it to the CRA Board for approval at the July 8th CRA Board Meeting. SV 1925 Human Resources Manual - Lori Barefoot of HRMP sent a copy of the updated HR Manual for the CRA Board's review. The CRA Board reviewed the results and made changes at our HR Workshop June 2, 2003. The HR Manual will be on the June agenda under consent for consideration and approval. Staff will be presenting quotes for the 457 pension plan, short term and long term disability for the Board's approval in June. Staff has also sent out job descriptions for review. SV RFQ for Outside Audit - The RFP proposals will be review by the CRA Selection Committee the last week of June. Staff is recommending the committee members for approval on the June agenda. The CRA Selection Committee will bring the proposal rankings and price for review and approval from the negotiation of a contract for the July 8~h CRA Board Meeting. SV · Museum Feasibility Study- Savage Creatures of Ancient Seas Museum staff feasibility study has been completed. RFQ for Feasibility, Design Construction Analysis. Has been advertised with a submittal date of July 21st 2003. CRA Revenue Forecasting - Develop in-house forecasting program to better estimate CRA revenue streams. Target information on Forecasting should be to the CRA Board in July. SV CRA Budgets - DevelOping 2003/2004 CRA Budget and forecasting a five (5) year budget model. Staff has received the TIF projections for 2003 from Palm Beach Tax Collectors Office. Target five year budgets should be to the CRA BOard for review and comment by Mid June. SV CRA Brochure and Web Site Development - A letter of interest for seeking graphic designer and web services has been advertised and 8 candidates have responded. Staff is currently reviewing the submitted materials. If the project costs exceed $10,000, the CRA will have to go through the traditional public bid process. Target information back to the Board in July. Events - The overall event strategy is being formally formatted for each event with goals, projections and time schedules. Alliances, Resources and sponsors are been developed. Targeted for July. 1926 Group B High School Adaptive Re-Use Task Force - The RFP for Environmental and Structural analysis have been completed and approved for advertising. The due date is June 27th, 2003. Land Development Regulation (LDR) - LDR re-write by the City of Boynton Beach over the next several months. CRA asked to submit concerns, ideas, etc. Staff is interfacing on re-write language and reviewing the first draft concept. A workshop has been proposed by City Staff for June 26th at 6:30 PM. Affordable Spaces Incentive - Program to reward projects for inclusion of below market Retail, Commercial and Residential spaces. Developing incentives and possible criteria guidelines for program. · Heart of Boynton District Development Book - Developing a book of HOB Projects with information on Location, Owner Information, Type of Project, Project Elements and Color Renderings. July. Federal Highway Corridor Development Book - Developing a book of Projects with information on Location, Owner Information, Type of Project, Project Elements and Color Renderings. July. Genesis Business Program- Staff has begun drafting a Business assistance program. The proposed program will be designed to measure development impact on business; before, during and after redevelopment activities. The program will also Facilitate, encourage reorganization and identification of core competency of Targeted Businesses in the Central Business District and the Head of Boynton District in order to ensure a competitive environment once proposed redevelopment for those areas are actualize. Group C Board Member Qualifications - Staff has begun drafting experience of existing Board members and polling other entities for their qualification criteria. GISMO Mapping System - Bringing in-house the mapping system for developer support and develop a "scaled" map book. Completed April 2003. Additional features are under development at this time 1927 Infrastructure Size and Availability - Working with the City of Boynton Beach on project planning to assess the growth impact on utilities in the CRA area. Awards Program - Staff has scheduled meetings to collect existing program materials to use as a starting point for the CRA program. · CRA Loan Program · Possible Office Options 1928 Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Design/Build Contract with Kimley Horn/Burkhardt for BBB Extension, Promenade and RiverWalk June 5, 2003 Consistent with Board direction at the May 13th Board meeting; Board Member Aguilar along with legal Staff and Dennis Haines of Burkhardt Construction has restructured the contract. The revised document now comes before you for consideration. 1930 VIII. Old Business: Any person who decides to appeal any decision of the Commtmity Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1929 The CRA shall furnish appropriate auxih'ary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Memo To: From: Date: Subject: CRA Board Annette Gray June 3, 2003 Fagade Grant Applicant Boynton Boundless, L.L.C. The Boynton Boundless, L.L.C. has re-submitted a Fagade Grant application along with amended renderings and plans to show scope of work specific to the fagade of the building and the CRA Fagade Grant program. The grant request proposes renovations to the property located at 209-211 North Seacrest Boulevard, including but not limited to the repaving of the parking lot, landscaping, lighting and a fagade upgrade to the new "Floribian" style. The applicant exceeded the stipulated dollar amount required for a match under the matching criteria of the grant; as the project total cost is estimated to be $80,000. The applicant is asking for $15,000.00. This property is surrounded by residential properties that were converted to Office spaces over 40 years ago which is evident in the landscaping and parking that reflect the building codes of that period. The applicant's plans for revitalization are in line with the CRA's and the 20~20 Vision Plan. Upon staff review for the content and compliance, the request has been forwarded to the Board for consideration. 1982 BOYNTON BOUNDLESS, L.L.C. 102 North Swinton Avenue Delray Beach, Rorida 33444 Telephone: (561) 265-2666 Telecopler: (561) 272-6831 E-mail: delraylaw@bellsOuth.net February 19, 2003 Ms. Octavia Sherrod Community Improvement Manager Boynton Beach CRA P.O. Box 310 Boynton Beach, Florida 33425 Re: Fagade Improvements Grant Our File No.: BOYB009 Dear Octavia: Via Hand-Delivery I, ~,~~~~.of the City of Boynton Beach, Florida received the original of this letter, along with its enclosures via hand-delivery from Boynton Boundless, L.L.C. on Boynton Boundless, L.L.C. is applying for a grant in the amount of Fifteen ThoUsand Dollars ($15,000.00) for fagade improvements to the building located at 209-211 North Seacrest Boulevard. Enclosed is an original application and eight copies for the 2002/2003 Fa[:ade Improvements Grant Program with the required enclosures and the 2002/2003 Fagade Improvements Grant Program Program Agreement. The enclosures include: 1. A project Work write-up describing the scope of the project; 2. Plans and sketches of the project; 3. A copy of a letter from SouthTrust Bank providing evidence of the financial ability to pay for the project; and 4. Four (4) 3" X 5" color "before" photos of the project from public views. Additional materials will be forthcoming. The estimated time line fOr this project is to begin renovations around March 15, 2003 and to be open for business on or about July 1, 2003. Very truly yours, BOYNTOI~UI~'DLESS, L.L.C. Its: Managing Membe~ enclosures cc: Mr. Dov Dunaevsky (w/o enclosures) O:~OYBOO~/.etter Sherrod. Feblg.2OO3.Wpd 1983 PROJECT WORK WRITE-UP This particular project is forthe location of209-211 North Seacrest Boulevard. It includes the renovation of the exterior of the Building, including new landscaping, new public areas and a new architectural treatment. The elevations are enclosed and are self-explanatory. There will be changes to the fagade and entry way that will include compliance with the Americans With Disabilities Act, new signage, new treatment of the exterior fagade with color changes and new window ornamentation. If we receive the grant, brick pavers and attractive landscaping will be added. The parking lot will be renovated and repaved, with new line striping and landscaping that complies with current code requirements. The thrust of the project is to demonstrate what can be done with respect to older buildings and re-adaptive use to create first-class office space in the heart of Boynton Beach, Florida. We hope to be able to substantially upgrade the public places of sidewalk, landscaping and entry areas as a result of this grant. O:~BOYBOOg~Project Work Wdte-Up.wpd 1984 March 20, 2003 Fafade Grant Narrative: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Repair and replacement of damaged stucco. New handicap ramp to entrances. New entry courtyard, courtyard walls and landscaping. New entry overhangs. New column/pillars along front faqade. Replace existing silvered glass with new storefront system with new glass. Replace existing signage with new, more tasteful signage. New entry doors. New planters. New sidewalk pavers with tree grates and new street trees. New Bahama shutters at existing second story windows. New paint throughout. New exterior light fix~res. New sealing surfacing in parking lot. Removal of old unused electrical boxes, panels, and meters. Removal of debris and exposed site storage. New windows. Enhanced landscaping & irrigation. 1985 !:; IMPROVEMENT8 GRANT PROGRAM APPLICAT!ON FORM Boynton Beach Community RedeVelopment Agency Maximum Grant Amount is $15,000.00 .:. (.~lease Print Or Type Only - Use Addlt[ona! 8hee'~ If Necessary) ;qi---?L~CAN'F' iI~-FROMATION i .ame of Owner: ~Bo~n:ton -BoundleSs, L.L.C. Address of Property Owner: · 102 North Swinton Avenue · ~l~/State. Delray Beach, Florida Zip Code: 33444 - !"~.~e # ~ay: 561 265-2666 ~-venJn~: 561-637-8141 owners and legal description of the pr0perb/to be lml:,mved (please attach copy' warren ty deed and/ease, If applicable): See att~ .a. ched ..deed. rD~fferent from Owner Name of Business: ,Address of Business: Cf fy/State: · Phone # Day: Yea % of Operation: Evening: Zip Code: ,:..mber of Employees: Annual Payroll: ;'~umber of EmPloYees residing in Boynton Beach: .Boynt°n Sea:h Comr~unlty Rec~eveJOpment Age ncy Fagade Grant Program Application Page 1 of 8 1986 The fo/lowing guidelines are intended to fnform a potential grant applicant of the extent and scope of th.'e program. The purpose of the program is to encourage commercial proper~¥ owners to upgrade their properfJes by Improving the external appearance of their business and to encourage businesses to invest In their operations. The result .hak detedomtlon, stabilize property values, Improve and upgrade appearance of the ~rea, and fact[irate and encourage redevelopment a~v~y lwl the target area. 7he.'fo~10wing guidelines are applicable to this program: ' The Progham is available only for properbj located /v~thin the .Community · Revitalization Areas of the Boynton Beach Community Redevelopment A~cency.(CRA); Note: See.attached Fagade Grant Area Map. 2.. The program is for commercial Properties and businesses. The property owner must be the applicant. However, ~f the Property is currently leased to a tenant, then the Application and Agreement mc st be jbinfly executed by both the owner and the tenant. 3. Eligible eXterior Improvements for this program Include: · o Painting. ~. Shutters. ' . ~igna~e (located on tile building or the properb/). - -Awnings/canopies. · Doors/windows. Landscaping around the building. · [rrfgation. o Parking lot re~paving, m-sealing, re-striping. ,Extedor Lighting. , Patio or decks connected to the buiJdlng. Exterior wall repalr~ (e,g, stucco, brick or wood repairs and replacement). ADA improvements. 4. All work ~ust be In Compliance w/th applicable 'Bo~ton Beach Building Codes. an~ all .contractors must be' licensed In Boynton Beach/Palm Beach CoUnty. if the Appllcant('s), Installs enhahced landscaping and or slgnage it must be in accordance with C~ Ordinance No. 98-43. ., 5. Maximum Grant amounts: The CPA wlJi provide,'o.a_a_relmbu~emen~ basis, a dollar for dollar matching grant for eligible f~de imprOvements up to a total of fifteen thousand dollars ($15,000.00) cf CRA funds. . ~. The Fa{:ade Grant program will honor exPend~tu'res completed up to 90 days prior to appl!cation, Improvements underway and proposed BOyntqn Beach Community Redevelopment A~¢ n~ 1957 Fagade Grant Program ~ ..; . Page 2 'of 6 . improvements. . 7. The,. E.~t~de' Grant program may only be used one time in any three year .... ~e~'[~8~'5./'iahY one property. Properties may re-apply'for additional grants any timei after three (3) years from previous gr~nt approval. Project phasing of up to two. years Can be requested. Property owners may receive grants for multiple property locaffons. Applicants shall be limited to one g~nt per CRA budget year (Ootober t~t to September. 30'~). 1988 Boynton Beach Community Redevelopmerit Age ney · Fagade Grant Program * , Page 3 of 8- ,.~,-,,=P LIOATIO N PRO CES'$ An app!l~nt seeking a project grant may. secure an application from the Boynton ...... 'Beach~:~:~rnrnunlty Redevelopment AgenCy (CRA) lc,coted at 639 E. Ocean Ave,, Suite 107', Boynton Beach. 561-737,3256 An original application and eight (8) Copies of all m~aterlals are to be returned to the Boynton Beach Community Redevelopment Agoncy for review and approval by ~e CEA Board. Applications will be considered on a fimt~come, first served basis. Applicants must take the necessary steps to Insure that their submitted application is properly time stamped to document re(~lpt by the CRA. Upon approval, appropriate grant program-documonts Will be prepared in the $~A Attorney's of'floe and the applicant will be notified of approval bY return mail. The CRA'will administer the commercial exterior fac=ada program. In addition 'to the appropriate City Inspections, the CRA will lns;)ect the work to determine satisfactory completion of the work. APplicants may not have any outstanding City Of Eoynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded ·until the complete satisfactioh of the lien. ' 7 Applicant shall obtain, read and understand all as3eqts of the Fac~ade Grant Program Agreement, Including Program and Reimbulse~ent'ReguJations. Application, to this Program is no guarantee of funding. Funding Is at the sole discretion of the CRA Board, · - 1989 BOynton Beach CommunitY Redevelopment Agency Facade Grant Program .. Page 4 of 6 pROJECT INFORMATION g~.scdbe impro'vements to be done to the property, 'At~ach:~th~ followlng Items: -'.-!,-.:,i,,-,;i, Pr-'c~ject work write-up(s) describing in detail th,~ scope of the project, · Plans or sketches If applicable, · Site plan and plant list for landscape projects, · Third-party cost estimates from three (3) llcen,,~ed contractors, ,, Estimated time line, · . Evidence of.financial ability to Pay for the p~ojeot (approved loan, cash .accOunt, line of credit, etc.), · A. minimum of four (4) 3" x 5" color "before" photos of the project which must Include "public. views", · Signage design with colors & mater/als proposed if applicable, · Project color chips / material samples, if applicable, ' · And material specifications,. Applicable documents must be attached for the Application lo be processed, signing this APplication, I acknowledge that I have received and read a copy of the ~;c;.-~.m Agreement, and I understand and agree'to comply with its' content. Witness (Property owner's signature tnust be notarized) ...... (Date)' TenantJBusir sss Owner (Date) CRA Director (Date) 1990 Boynto'n Beach Communit~ Redevelopment Agar ~y Faetade .~rant'Progmrn Page 5 of 6 · STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE MB:, anloffioer duly authorized by law to administer oalhs and ~ake acknowledgements, · -" ~ ' Or ~;~'duced.,L.~ .... , ~ as ldenffff~on, and acknowledged he/she ~xecuted the foregoing Agreement for ~e use and pu~oS~ mentioned tn it and that ~e Instrument Is his/her ac~ and deed, WITNESS OF THE FOREGOING. I have set my hand and official seal in the 8tats and C~u~ty aforesafd on this t ~ ~% day of .~kt L,,~-~. , 200_.~_, NOTARY PUBLI My Commission 1991 Boynton Beach community Redevelopment Agonu-y - Facade Grar~t Program · Page $ of $ . 2002/'2003 · FA(~ADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT ~: . Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS -'h~ Applfcant 'agrees not to alter, renovate, or demoiish the new fagade for t.hree years, commencing at the time final inspection by.the CRA is completed. · '- ~,~o~ated by the applicant, the CPA may. choose to require grant fund · '-:.~v~.,snt. enforced by property lien, CPA will consider approval of grants far exteror improvements to a b'~iPJing which does not face a recognized street. The e~edor rear cfa building -.'~c~.~ an alley way will a~so be considered. A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are el) before starting work, (2) dudng work and (3)final · ~'~s~ct~on. More inspections may be required by the CRA, It is the sole ~sponsibilJty of the Applicant to schedule inspections with the CRA and City. '~se i~spectlons Jn no way are substitutes for required City inspections and ~cm~i~,qces. -i.-~ Oroperty owner, or tenant if applicable, must complete the facade mp~ovement project within six (6) months of the grant award unless the project !~ .scproved as a phased project in which case the pro] ~,ct must be completed withi~ six (6) months of the commencement of the linal phase, Failure to complete the faCade Improvements in a timely manner ~Jll result in the p .roperty owner, or tenant if applicable, losing the.grant reimbursement opportunity. The Board may consider time extensions. ':'::?..'; ~ u ~SE~ENT REGULATIONS "¢'~.'? 2:3~rsm is designed as a reimbursement grant, That Is, all work must be ,:ic;~ s.~d pald for by the Applicant, prlor'i~-'t~e ,CRA's funds being released. ~ ::~..C~. will- provide reimbursement to the grantee Upon subm~'tal of a ::3~';!ete Reimbursement Request and approval of completion by the CRA Board. ' · %s,!*-~,~rsement Request shall be summarized in a repor: and accompanied by documentation. Proper documentation will consist of (1) Project 1992 Boynton Beach Community Redevelopment Agency Fa~de Grant Program Agreement Peas I of 2 accountJng, including inyoJcas, receipts or other e cceptable evidence of payment from suppliers and licensed contractor(s) that have been-marked ";~!d': w~th' a "release of lien" signed by each. Proposals for .'%york to be completed" 0r "bids" are not considered proper documentation. Each item will b.e supported by a canceled check showing the face of':he check, as well' as the ;:.-~k of the Canceled'check, (2) the Applicant shall wa Tant that all bills related -~c the..ProjeCt are paid in full including, but not IJrrited to, al/ contractors, . subson~'aCLsi labor, materials, related fees and permits, and (3) the Application -.' esr. re4mbursement shall provide a minimum of four 3"):5" --....- co/or "during" photos snd a m~nimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "befcre" photos submitted in f:he Application and the "during" photos, -,,'he Reimbursement Request from the Applicant shall be submitted no later than the 1'5~ of the month for consideration by the CRA Board at its next mor'th's meeting. Reimbursement shall be issued ten (' 0) days after approval. ;-.?;'~ funds: will be reimbursed exclusively for eligl~:le work and approved .~',~ ~. ~,~ ~ ...... ~.~-orders that have been approved by the CRA. Beach the rights and ~" ' (Date) (Date) Tenant/Busines:~ Owner (Date) CPA Director (Date) 1993 goyntan geach Community Redevelopment Agency Fagade Gnant Pro{lmm Agreement Page 2 of 2 Pre_oared by and return tn: George W. Mathews, r/l Msthews & Salmbetn Suite 104 1325 S. Congress Aveuue Boynton Beach, FL 33426 03/11/L0002 08147~40. 2002012767 OR BR 13492 PE 0786 Palm Beach County, Flo~'ida Alit 415,000. O0 Doe 8tamp t~, 90~. O0 File Number: 01-1107 Will Ca//No.: Grantee S,S. No. Parcel Identification No. 08-43-45-28=10-004-0240 [Spac~ Above This L/ne For Recording Data] Warranty Deed (STATUTORY FORM - SF.~2TION 689.02, F.S.) This Indenture made this 28th day of February, 2002 between Douglas S. Egem, a married man, whose post office address is 7420 Anadale Circle, Lake Worth, FL 33467 of the County of Palm Beach, State of Florida, grantor*, and Boynton Boundless, L. L. C., a Florida Limited Liability Company whose post office address is 102 North Swtnton Avenue, Delray Beach, FL 33444 of the County of Palm Beach, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($I0.00) and other good and valuable considerations to said gnmtor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: Lots 23, 24, 25, 26 and 27, and the South 7 feet of Lot 22, Block 4, BOYNTON ~[EIGHTS, according to .the Plat thereof, as recorded in Plat Book 10, Page 64; of the Public Records of Palm Beach County, Florida; LESS the additional right-of-way for Seacrest Boulevard as. shown in Road Plat B6ok 5, PagK~'~2, of the Public Records of Palm Beach County, Florida. Douglas S. Egem, the grantor, does hereby certify that he currently resides at 7420 Anadale Circle, Lake Worth, Florida 33467, that neither he nor any member of his family has ever resided upon the above described property and that the above described property does not now and has never in the past constitutedhis homestead. and said grantor does hereby fully warrant the title to said land, and w/I/defend the same against lawful claims of all persons whor, soever, * "Orantor" and "Orautee" are used for singulvx or plural, as context requires. 1994 BOOK 1349P. P~qGE 0787 Dorothy H. lailken, Clerk In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered/n ow presence: Nam State of Florida County of Palm Beach The foregoing instrument was acknowledged before me th/s 28th day personally known or IX] has produced a drivez~s license as identLficat/on. [Notary Seal] by Douglas S. Egem, who [_] is ~C Expires: 1995 Warranty Deed (Statutory Form). Pa~e 2 DoubleTImee MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF WEINER & ARONSON, P.A. A'I-rORNEYS AT LAW The Clark House 102 North Swinton Avenue DeJray Beach, Florida 33444 Telephone: (56~.) 265-2666 Telecopier: (56:L) 272-6832 E-mail: del raylaw@bel Isouth.net OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Flodda Bar Board Certified Real Estate Lawyer February 19, 2003 Michael W. Rumpf, Chairman Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Zoning Request Letter Our File No.: BOYB009 Dear Mike: On behalf of our client, Boynton Boundless, L.L.C., please provide a letter indicating that the zoning for property located at 209-211 North Seacrest Boulevard is zoned accordingly for use as a .title company and law office and that the current infrastructure is in place to support such uses. Please contact me if you should need any additional information. Very truly yours, ~koff JSM:ab cc: Michael S. Weiner, Esq. O:\BOYB009~Letter Rumpf. Feblg.2003.wpd 1996 02/18/03 TUE 10:47 FAX 5814961338 $0UTHTRUST B)NK LIN'TON 5030 Limn Boulevard De, ray ~ach, FL 33484 2005 To The City of Boynton ~each: Please be advised the firm of Y~elr~r and.dronSon has a relationship with $outhTru~t Bank and has a line of credlt tn the amount ' 2~obert ape~or 1997 ! / / / / t t 1998 5.. MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark HouSe 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mai J: delraylaw@ bel.lsouth, net OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer March 4, 2003 Mrs. Octavia Sherrod Community Improvement Manager Community -Improvement Division City of Boynton Beach P.O. Box 310 Boynton Beach, FlOrida 33425-0310 .Via Hand-Delivery Re.' Development Regents Grant Program Our File No.: BOYB009 Dear Octavia: Enclosed is a revised Page No. 6 of the application Which includes the proposed project budget along with three (3) qualified estimates. Thank you very much for your assistance in this matter. Please contact me if you ' should need any additional information, Very truly yours, JSM:ab Enclosure cc: Michael S. Weiner, Esq. (w/o enclosure) Carole Aronson, Esq. (w/o enclosure) O:~BOYBoOg~Letter Sherrod. MarO4.2OO3,wpd 1'999 BARRETTA CONSTRUCTION Construction Design/Build State Certified General Contractor # CG C010004 May 14, 2003 Boynton Boundless Delray Beach, FL Attn: Michael Weiner Dear Michael, Below please find my summary price breakout in the format you requested for the exterior portions of your renovation project at 209 & 211 Seacrest Blvd., Boynton Beach, FL 33435. In order to proceed, I will need approximately 30 day notice to activate and take care of Boynton Beach licenses and the other required paperwork. Sincerely,, .......... ~ _~-"~'r;'"~--..~~" ~'"' James T Barretta, President Barretta & Construction, Inc. ESTIMATE: Eligible Exterior Improvements Include: Painting Painting Caulk/ng Shutters Signage Letters Sign background Sign electrical Awnings/canopies 7,200.00 6,000.00 5,950.00 2,750.00 2OOO www. barrassoc.com 412 East Ocean Avenue., Suite #1 , Boynton Beach, FL 33435 (561) 740-0041 ph Doors/windows. Storefront Windows Doors Re-glazing Door hardware Glass block Landscaping Planters Pavers, not listed elsewhere Plantings Irrigation Parking lot repaving, resealing, re-striping Exterior lighting Patio or decks connected to the building Patio Concrete Patio Pavers Deck Enclosure Deck Waterproofing Exterior wall repairs and replacement Exterior Trim Exterior Fascias & Soffits ADA improvements Entry Ramp Concrete & Pavers Ramp Railings Concrete Steps Step Railings Total: 12,400.00 13,100.00 2,200.00 3,780.00 2,930.00 7,950.00 4,200.00 7,000.00 $ 75,460.00 2001 www.barmssoc.com 412 East Ocean Avenue., Suite #1, Boynton Beach, FL 33435 (561) 740-0041 ph I~Y-I$-ZO03 91:$1PM FROM-M;INERARON$ON + T-$4Z P,OOZ/O04 F-154 Rami leda General Conlmctor 1792~ ~.E. !~ 1~1. lq. Miami 305~55-2376 S~ ~ce - C~ ~8 Al'I': ~ Wd_n=r Na,m~ of itoh: 20~ a~d 211 unit A North Seacr~ Boulevard Boyton Beach, Florida 2002 i~,Y-16-2003 01:61PM FRO~WEINER^RON$ON + T-842 P.003/004 F-154 Elisible Exterior Improvements Include: Painting Paindn8 Caulking Shutters Signase Letters Sign background Sign electrical ^Whines/canopies ', Doors/windows StarefTOnt Windows Door Re-glazing Door hardware Glass block Landscaping Planmrs Pavers, not listed elsewhere Plantings Irrigation Parking lot re-paving, resealin& re-striping Exterior lighting Patio or decks connected to the building Patio concrete PatJo pavers Deck enclosu re ~o0 Io. 2.too 17-s'oo C:'~OvBOOl~.etw m ~ =g~,,lad 2003 ~Y-16-eO0~ 01:51P~ FROIvt-WEINERARONSON + T-84~ P.004/004 F-154 s~ ~s 2004 E. Henry Kraft Construction Construction Design/Build State Certified General Contractor # CG C016795 May14,2003 Boynton Boundless Delray Beach, FL Attn: Michael Weiner Dear Michael, Below is my price breakdown based on the format you requested for the exterior portions of your renovation project at 209 & 211 Seacrest Boulevard, Boynton Beach, Florida 33435. In order to proceed, I will need approximately 30-days notice prior to commencement. Sincerely, i enr~ Kraft Construction~ ESTIMATE: Eligible Exterior Improvements Include: Painting 7,500.00 Painting Caulking Shutters 6,000.00 Signage 6,000.00 Letters Sign background Sign electrical Awnings/canopies 2,750.00 2OO5 600 South West Second Street, Boca Raton, Florida 33486 E. Henry Kraft Construction Construction Design/Build State Certified General Contractor # CG C016795 Doors/windows. Storefront Windows Doors Re-glazing Door hardware Glass block Landscaping Planters Pavers, not listed elsewhere Plantings Irrigation Parking lot repaving, resealing, re-striping Extedor lighting Patio or decks connected to the building Patio Concrete Patio Pavers Deck Enclosure Deck Waterproofing Exterior wall repairs and replacement Exterior Trim Extedor Fascias & Soffits ADA improvements Entry Ramp Concrete & Pavers Ramp Railings Concrete Steps Step Railings Total: 13,000.00 13,000.00 2,500.00 3,750.00 3,000.00 8,000.00 4,000.00 7,000.00., $ 76,500.00 2006 600 South West Second Street, Boca Raton, Florida 33486 The Ci o Bo nton Beach Police Depa n "A CFA Accredited Law Enforcement Agency' 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 35425-0510 Phone: ($61) 742-6100 Fax: (561) 742.6185 Marshall B. Gage, Chiof of Police June 5,2003 Doug Hutchinson, Executive Director Community Redevelopment Agency 639 East Ocean Avenue Boynton Beach, Florida 33435 Dear Mr. Hutchinson: As you are very much aware, the City of Boynton Beach is currently undergoing budget planning for our upcoming fiscal year, and we are facing some very hard decisions regarding some of the programs that we are delivering. The Police Department provides a considerable amount of services for the CRA area, and those budget constraints have the potential of affecting some of the services provided therein. With that in mind, I would like to approach your board to discuss three programs/issues that we are currently providing or are considering. They include: · Staffing levels for the zones that are comprised within the CRA area. Due to increases for demands for service throughout the City, and a decrease in the calls for service within the CRA area, we are considering cutting the staffing levels in one of the zones that is fully within the designated "Heart of Boynton" boundaries. · Several years ago, we maintained a bicycle patrol that served an area primarily consisting of the CRA area. We had to eliminate that program in 1997 due to budgetary constraints. There is an ever-increasing request from this area to reimplement this program. Last year, we put in a grant request to do just that, but it has been turned down. · With the increase in development in the downtown area, many business owners and residents have inquired as to whether the Boynton Beach Police Department will be creating a foot or bike patrol zone in that district. As of today, we do not have the staffing levels -to facilitate any such request, but recognize the need to provide an increased presence in that area as it nears completion. Obviously, I want to propose some programs that will directly affect the area that you serve, and over which your board has jurisdiction. As these issues have the ability to affect the quality of life there, it is important that I come before your board and discuss them. I thank you for your consideration in this matter. Marshall B. Gage, Chief of Police 2008 PROPOSALONE Zone three is that area within the CRA bounded by the C-16 canal on the north, Boynton Beach Blvd. on the south, 1-95 on the west and the ICW on the east. This is an area that for many years experienced a high volume of police activity and calls for service. In the past, it was noted for being one of the worst areas in the county for violence and drug dealing. In calendar year 2002, Zone three posted a decrease in index crime of 9% compared with calendar year 2001. This was the second year in a row that Zone three posted a decrease in crime. Much progress has been made in this area: improved police/community relations, reduction of crime and an increased sense of safety on the part of residents. Unfortunately, due to the increases in offense frequency and calls for service noted in other areas of the city, we will be redeploying our officers in the immediate future, and we will no longer be assigning two officers to Zone three. While I am satisfied that the redeployment is well justified, I am aware that we will have to keep an eye on the area to assure that there is no backsliding with crime stats. I fully anticipate concerns from local residents and developers who are looking into moving into this area will be raised. To that end, if the CRA wishes to enhance the coverage in Zone three, the figures below reflect the real cost of achieving that goal. We propose that the CRA provide funding for a sufficient number of officers in order to assign a second officer in Zone 3, 24 hours each day. Normally, round the clock coverage of a single Zone requires 5 officers based on an assignment availability factor of 5.2 officers. In other words, based on the amount of hours a single officer would be available during any calendar year, 5 officers are required in order to insure that at least one officer is working at all times. I am asking that the CRA provide funding for 4 of the 5 officers required to enhance our presence in Zone three. Funding for police officers is based on the following computed costs: First year salary FICA Life, Health, Disability Insurance Pension contribution Worker's Comp Insurance Uniforms and Equipment 35,190 2,692 5,333 6,100 876 8,532 Total 58,723 Additionally, a patrol vehicle for the second Zone officer will need to be purchased at a cost of $35,565.00, which computes as follows: Cost of vehicle Audio/visual warning devices Interior modifications Computer/Camera equipment 27,000 865 700 7,000 Total 35,565 Summarily, the total yearly cost for 4 additional officers to be deployed exclusively to Zone three would compute as: Salary and benefits for 4 officers One patrol vehicle 234,892 35,565 Total cost of proposal $270,457.00 PROPOSAL TWO Prior to 1997, the department deployed a squad of six bicycle equipped community patrol officers who operated throughout the City. Due to a mixed reaction to the unit and mixed results, the unit was ultimately redeployed and has not been in existence since that time. The units that were concentrated in the general area of the CRA district realized a slightly higher success rate, and it appeared that this area was more suited to bicycle patrol than some of the others where they had been deployed. Recently, we have seen resurgence in community interest in the bicycle patrol. There is a general perception that such a patrol in the CRA area would again be successful and that the timing is right to implement such a program. Very simply, though, we do not have the staff to put into this program, which is essentially considered an enhancement or luxury, and thus we are bringing the suggestion to your attention. Consistent with CRA efforts to revitalize the Heart of Boynton and the downtown and marina districts, the department would endeavor to once again deploy a community patrol, bicycle squad within the CRA area. Five officers and one sergeant would be assigned exclusively to patrol designated areas within the CRA based on current crime trends, community/business concerns and special events. The hours would be flexible and the assignments permanent in order to facilitate familiarity between the officers and the citizens/businesses served. We propose that the CRA provide funding for six bicycle patrol officers and the required equipment. Funding for the officers would be based on the following computed costs: First year salary (officer/sergeant) FICA Life, Health, Disability Insurance Pension contribution Worker's Comp Insurance Uniforms and Equipment 35,190 45,600 2,692 3,488 5,333 5,333 6,100 6,100 876 876 8,532 8,532 Total 58,723 61,397 Additionally, equipment costs would be computed as follows: Police patrol bicycle Specialty equipment 1,000 350 Total 1,350 Summarily, the total yearly cost of deploying five bicycle patrol officers and one sergeant exclusively in the CRA area is computed as follows: Salary and Benefits for six personnel Specialty equipment and bikes 355,012 8,100 Total cost of proposal $363,112 PROPOSALTHREE Experience has shown us that for citizens who live, work and conduct business in the heart of our cities, police foot patrol officers provide a positive perception of safety and the severity of the crime problem in a given area. Generally speaking, surveys throughout the country confirm that when foot patrol is added to an area, citizens' fear of typical street crimes go down and generalized feelings of personal safety go up. We were therefore, not surprised when developers, business owners and potential business owners expressed a desire to see officers on foot in the soon to be redeveloped downtown and marina districts. The influx of visitors to the downtown and marina redevelopment areas will likely result in an increased demand on police services and an increase in the rate of property and violent crime. This will necessitate an additional commitment of manpower to the area, ideally, in the form of foot patrol. Twenty-four hour foot patrol coverage for the downtown and marina districts would facilitate a police presence during times of peak pedestrian and vehicular traffic and nighttime security for businesses and residents. Unfortunately, due to manpower constraints and the need for deployment of officers throughout the city necessitated by the demand for police services, we are unable to accommodate requests for the deployment of additional personnel in such a configuration. We would propose that if such a desire truly exists for enhanced coverage in the form of foot and/or bicycle patrol in the downtown district, that the CRA consider providing said funding. Round the clock coverage of a single foot post requires 5 officers based on an assignment availability factor of 5.2 officers. In other words, based on the amount of hours a single officer would be available during any calendar year, 5 officers are required in order to insure that at least one officer is working at all times. Funding for police officers is based on the following computed costs: First year salary FICA Life, Health, Disability Insurance Pension contribution Worker's Comp Insurance Uniforms and Equipment 35,190 2,692 5,333 6,100 876 8,532 Total 58,723 Summarily, the total yearly cost of five additional officers for assignment exclusively to the downtown and marina districts would be computed as follows: Salary and benefits for 4 officers $293,615.00 For this particular enhanced service, you could consider the possibility of funding only two or three officers for this post and assigning them hours that cover the hours of highest concern - primarily night-time hours. There is some flexibility in this particular proposal. DESIGN-BUILD AGREEMENT BETWEEN BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA AND BURKHARDT CONSTRUCTION, INC. FOR BOYNTON BEACH BOULEVARD EXTENSION, PROMENADE AND RIVERWALK PROJECT 1931 TABLE OF CONTENTS Sec. 1 Sec. 2 Sec. 3 Sec. 4 Sec. 5 Sec. 6 Sec. 7 Sec. 8 Sec. 9 Sec. 10 Sec. 11 Sec. 12 Sec. 13 Contract Documents Scope of Work Contract Amount Bonds Contract Time and Liquidated Damages Exhibits Incorporated Notices Modification Successors and Assigns Governing Law and Venue No Waiver Entire Agreement Severability PAGE 1 1 4 4 4 5 5 6 6 6 6 6 6 1932 Exhibits Exhibit A/General Terms and Conditions 1. Intent of Contract Documents 2. Investigation and Utilities 3. Progress Payments 4. Payments Withheld 5. Final Payment 6. Submittals and Substitutions 7. Daily Reports, As-Builts and Meetings 8. Contract Time and Time Extensions 9. Changes in the Work 10. Claims and Disputes 11. Other Work 12. Indemnification and Insurance 13. Compliance with Laws 14. Cleanup and Protections 15. Assignment 16. Permits, Licenses and Taxes 17. Termination for Default 18. Termination for Convenience and Right of Suspension 1933 PAGE 8 8 8 9 10 10 11 12 13 14 15 15 16 18 18 18 18 19 20 Exhibits 19. Completion 20. Warranty 21. Tests and Inspections 22. Defective Work 23. Supervision and Superintendents 24. Protection of Work 25. Emergencies 26. Use of Premises 27. Safety 28. Project Meetings Exhibit B/Performance and Payment Bond Performance Bond Payment Bond Exhibit C/Insurance and Safety Exhibit D/Release and Affidavit Exhibit E/Form of Contract Application for Payment Exhibit F/Change Order Exhibit G/Scope of Services Exhibit H/Preliminary Budget Estimate Exhibit I/Fee Schedule PAGE 20 21 22 22 24 24 24 24 25 25 27 27 30 33 40 42 43 44 46 47 1934 AGREEMENT BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA, ("BBCRA"), hereby contracts with BIJRKHARDT CONSTRUCTION, INC. ("Contractor"), a Florida corporation for profit, to perform all work ("Work") in connection with Promenade and Riverwalk Project ("Project"). SECTION 1. CONTRACT DOCUMENTS. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including this Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. BBCRA shall famish to the Contractor up to one (1) set of the Contract Documents for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. SECTION 2. SCOPE OF WORK. A. Generally, Contractor will provide all planning design and architectural/engineering services required for the proper design and construction of the Project. B. Contractor's Responsibility with respect to Design. 1) In fulfilling its obligations under this Section, Contractor or Contractor's Engineer shall employ Engineers of the appropriate specialties for proper preparation of the project drawings and specifications, including structural, mechanical, electrical, soils (excepting existing environmental contamination and based upon soil boring reports furnished to Contractor by BBCRA), civil and such other specialties as are reasonably required. All such services shall be performed by appropriately licensed personnel. Contractor takes responsibility for the proper performance of all architectural and engineering servic&s. The Contractor shall develop a design phase schedule and submit it to the BBCRA for approval. 2) follows: The Contractor shall prepare and the BBCRA approve a design phase schedule as a. PHASE I - SCHEMATIC DESIGN PHASE (30% DESIGN~ Based upon the BBCRA's Project requirements, as set forth in the CRA Boynton Beach Boulevard Extension, RiverWalk, Promenade Concept Guide Book, Schematic Design Studies will be prepared by the Contractor's Architect/Engineer. These Schematics are for the purpose of assisting the BBCRA in determining the feasibility of the Project. These services are specifically outlined in Exhibit "G". 1935 b. PHASE 2 - DESIGN DEVELOPMENT (100% DESIGN) Upon approval of Schematic Designs and authorization fi:om the BBCRA to proceed, the Contractor's Architect/Engineer shall prepare Design Development documents to fix the size and character of the Project as to structural, mechanical and electrical systems, materials and other appropriate essential items in the Project. These Development Documents are the basis for the design and construction of the Project. C. PHASE 3 - WORKING DRAWINGS AND SPECIFICATIONS From approved Design Development Documents the Contractor's Architect/Engineer will prepare working Drawings and Specifications setting forth in detail the requirements for the construction of the Project, and based upon codes, laws or regulations which have been enacted at the time of their preparation. 3) The Contractor, its Architect/Engineer and the BBCRA will work closely together to monitor the design in accordance with prior approvals so as to ensure that the Project can be constructed within the lump Sum as defined in Section 3. As these working Drawings and Specifications are being completed, the Contractor will keep the BBCRA advised of the effects of any BBCRA requested changes on the Contract Time Schedule and/or the Lump Sum. Construction of the Project shall be in accordance with these Drawings and Specifications as approved by the BBCRA. The Drawings and Specifications shall remain the property of the BBCRA however, said plans are not to be used by the BBCRA on other projects without the prior written consent of the Contractor. 4) After the completion of any Phase as set forth above in Section 2. B., Paragraphs 2) a., b., and c., if the Project is no longer feasible fi:om the standpoint of the BBCRA, the BBCRA may terminate this Agreement and pay the Contractor pursuant to Section 19.1 of the General Conditions. C. Responsibilities of Contractor With Respect to Construction. a. PHASE 4 - CONSTRUCTION 1) The Contractor will provide all construction supervision, inspection, labor, materials, tools, construction equipment and subcontracted items necessary for the execution and completion of the Project. 2) The Contractor will pay all sales, use, gross receipts and similar taxes related to the Work provided by the Contractor which have been legally enacted at the time of execution of this Agreement and for which the Contractor is liable. 3) The Contractor will prepare and submit for the BBCRA's approval an estimated progress schedule for the Project. This schedu~3s6hall indicate the dates for the starting and 3 completion of the various stages of the construction. It shall be revised as required by the conditions of the Work and those conditions and events which are beyond the Contractor's control. 4) The Contractor shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement. The system shall be satisfactory to the BBCRA who shall be afforded access to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to this Agreement. The Contractor shall preserve all such records for a period of three years after the final payment or longer where required by law. C. Royalties and Patents. 1) The Contractor shall pay all royalties and license fees for materials, methods and systems incorporated in the work. He shall defend all suits or claims for infringement of any patent rights and shall save the BBCRA harmless from loss on account thereof except when a particular design process or product is specified by the BBCRA. In such case the Contractor Shall be responsible for such loss only if he has reason to believe that the design, process or product so specified is an infringement of a patent, and fails to give such information promptly to the BBCRA. D. Warranties and Completion. In addition to the warranty set forth in Section 20., General Conditions: 1) The Contractor will secure required certificates of inspection, testing or approval and deliver them to the BBCRA. 2) The Contractor will collect all written warranties and equipment manuals and dehver them to the BBCRA. 3) The Contractor, with the assistance of the BBCRA's maintenance personnel, will direct the checkout of utilities and operations of systems and equipment for readiness, and will assist in their initial start-up and testing. E. Construction Management. The Contractor shall provide the BBCRA with the names and qualifications of three (3) construction management companies for selection by the BBCRA Board. The BBCRA Board shall then select a company. If the BBCRA does not want to select a construction manager from the first three (3) companies provided by Contractor, Contractor shall then supply three (3) more management company names and qualifications until BBCRA is satisfied with a company. If at any time during the construction, the BBCRA becomes dissatisfied with the construction manager company for cause, then Contractor shall agree to terminate the services of said construction management company and again provide the names of construction management companies until one satisfies the BBCRA Board. The construction management company shall be responsible for all of the inspection and review responsibilities outlined in Exhibit "A" attached hereto. 1937 BBCRA and Contractor shall discuss and agree on the method and manner of compensation of the construction management company. Contractor shall be responsible for all payments to the construction management company, and Contractor may bill the BBCRA for reimbursement once each month on a cost basis only. Upon proper documentation of payment and cost provided by Contractor to BBCRA, BBCRA shall reimburse Contractor in said mounts. SECTION 3. CONTRACT AMOUNT. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of BBCRA, BBCKA agrees to pay, or cause to be paid, to Contractor the following amount, in accordance with the terms of this Agreement: See Exhibit "H". SECTION 4. BONDS A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B, in the amount of 100% of the Contract Amount, the costs of which to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to BBCRA; provided; however, the surety shall be rated as "A-" (excellent) or better and Class "V" or higher rating as to financial size category and the amount required shall not exceed 2% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Document, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the BBCRA's approval. C. As per Florida Statutes, Section 255.05, the Contractor shall be required to execute and record the Performance and Payment bonds. The bonds must state the name and principal business address of both the Principal and the Surety and a description of the Project sufficient to identify it. SECTION 5. CONTRACT TIME AND LIQUIDATED DAMAGES A. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the BBCRA. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be completed as outlined in the schedule in Exhibit "H". No work under this contract shall commence until certificates of insurance (see paragraph 13.2) have been received and acknowledged by Susan Vielhauer, CRA Controller. 1938 B. BBCKA and Contractor recognize that, since time is of the essence for this Agreement, BBCRA will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete the Work within the time period noted above, BBCRA shall be entitled to assess, as liquidated damages, but not as a penalty, $500.00 for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the BBCRA issues a Substantial Completion Certificate pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the BBCRA's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. C. When any period of time is referenced by days herein, it shall be computed to exclude the first day 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 hohday by the law of the applicable jurisdiction, such day shall be omitted fi.om the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. SECTION 6. EXHIBITS INCORPORATED. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: General Terms and Conditions Form of Performance and Payment Bonds Insurance Requirements Form of Release and Affidavit Form of Contractor Application for Payment Form of Change Order Design Criteria Package SECTION 7. NOTICES A. All notices required or made pursuant to this Agreement by the Contractor to the BBCRA shall be in writing and delivered by hand or by United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, addressed to the following: BOYNTON BEACH COMMUNITY DEVELOPMENT AGENCY 639 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 Attention: Susan Vielhauer, CRA Controller B. All notices required or made pursuant to this Agreement by BBCRA to Contractor shall be made in writing and shall be delivered by hand or by United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, addressed to the following: 1939 BIJRICHAKDT CONSTRUCTION, INC. Attention: Dennis Haynes 1400 Alabama Avenue West Palm Beach, Florida 33401 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. SECTION 8. MODIFICATION. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. SECTION 9. SUCCESSORS AND ASSIGNS. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. SECTION 10. GOVERNING LAW AND VENUE. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Any lawsuit brought pertaining to this Agreement shall be brought in the 15th Judicial Circuit in and for Palm Beach County, Florida. SECTION 11. NO WAIVER. The failure of the BBCRA to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. SECTION 12. ENTIRE AGREEMENT. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. SECTION 13. SEVERABILITY. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. 1940 CONTRACTOR: ATTEST: Corporate Secretary By: BLrRKHARDT CONSTRUCTION, INC. By: Secretary Its: President Date: Nalile [CORPORATE SEAL] BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLOR1DA, a political subdivision of the State of Florida acting by and through its duly authorized Board of BBCRA Commissioners. By: Chairman Date: BCCRA Approved Date 1941 EXHIBIT A GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) 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 a well known technical or trade meaning are used to 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 having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in affect at the time the Work is performed, except as maybe otherwise specifically stated herein. 1.2. If during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Document, Contractor immediately shall report same to BBCRA in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the BBCRA. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications of other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the BBCRA. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES 2.1 Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availabihty and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the Project area as a whole; topography and ground surface conditions; nature and quality of the surface materials to be encountered; equipment and facilities needed preliminary to and during performance of the Work; and all o~[~osts associated with such performance. The failure of Contractor to acquaint itself with 'any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Section 2 as the "Utilities". C~mtractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. 3. PROGRESS PAYMENTS. 3.1. Prior to submitting its first Application for Payment, Contractor shall submit to BBCRA, for its review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the BBCRA, this schedule of values shall be used as the basis for the Contractor's Applications for Payment. This schedule shall be updated and submitted along with a completed and notarized copy of the Application for Payment form attached to the Agreement as Exhibit E. 3.2. Prior to submitting its first Monthly Application for Payment, Contractor shall submit to BBCRA a complete list of all its proposed subcontractors and materialmen, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than' thirty (30) days after Commencement Date. 3.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the BBCRA in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that upon payment by BBCRA, the BBCRA shall receive the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect BBCRA's interest therein, all of which shall be subject to the BBCRA's prior written approval. 3.4. Contractor shall submit 3 copies of each of its Applications for Payment to the BBCRA on Or before the 25th day of each month for work performed during the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within ten (10) calendar days after receipt of each Application for Payment, the BBCRA shall either: (1) indicate approval of the requested payment; (2) indicate approval of only a portion of the requested payment, stating in writing the reasons therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. In the event of a total denial and return of the Application for Payment by the BBCRA, the Contractor may make the necessary corrections and resubmit the Application for Payment. The BBCRA shall, within thirtY l~40~ calendar days after BBCRA approval of an Application for Payment, pay the Contractor the mounts so approved. Provided, however, in no event shall the BBCRA be obligated to pay an amount greater than that portion of the Application for Payment approved by the BBCRA. 3.5. Except for applications for payment for work performed pursuant to Section 2.A. of the Agreement, relating to the Design Phase, BBCRA shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the BBCRA for payment, whichever is less, up to fifty percent (50%) completion. Thereafter, if on schedule, the BBCRA shall retain five percent (5%) of the gross amount of each monthly payment request. Such sum shall be accumulated and not released to Contractor until final payment is due. Any interim interest 'on such sums shall accrue to BBCRA. 3.6. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. 3.7. Each Application for Payment shall be accompanied by Release and Affidavit, in the form attached as Exhibit D, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested or have been paid in full. The BBCRA shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4. PAYMENTS WITHHELD. 4.1. The BBCRA may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The BBCRA may nullify the whole or any part of any approval for payment previously issued and BBCRA may withhold any payments otherwise due Contractor under this Agreement or any other agreement between BBCRA and Contractor, to such extent as may be necessary in the BBCRA's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work. by the Contractor; or (g) any other material breach of the Contract Documents. If these conditions are not remedied or removed, BBCRA may, after three (3) days written notice, rectify the same at Contractor's expense. BBCRA also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to BBCRA, whether relating to or arising out of this Agreement or any other agreement between Contractor and BBCRA. 5. FINAL PAYMENT. 5.1. BBCRA shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by BBCRA in accordance with Section 19.1 herein, · provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's fight to final payment, shall have furnished BBCRA with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit D, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract 1944 11 Documents or the BBCRA. 5.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against BBCRA arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by BBCRA shall be deemed to be a waiver of BBCRA's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the BBCRA at the time of final inspection. 6. SUBMITTALS AND SUBSTITUTIONS. 6.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the dehvery of such materials and the installation thereof. 6.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by BBCRA if sufficient information is submitted by Contractor to allow the BBCRA to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by BBCRA from anyone other than Contractor and all such requests must be submitted by Contractor to BBCRA within fl'drty (30) calendar days after Notice of Award is received by Contractor. 6.3. If Contractor wishes to famish or use a substitute item of material or equipment, Contractor shall make application to the BBCRA for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall 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 BBCRA for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by 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 apphcation and available maintenance,'repair and replacement service shall be indicated. The apphcation also shall contain an itemized estimate of all costs that will result directly or indirectly fi:om acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the BBCRA in evaluating the proposed substitute. The BBCRA may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 6.4. 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 1945 means, method, sequence, technique or procedure of construction acceptable to the BBCRA, if Contractor submits sufficient information to allow the BBCKA to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the BBCRA shall be the same as those provided herein for substitute materials and equipment. 6.5. The BBCRA shall be allowed a reasonable time within which to evaluate each proposed substitute. The BBCRA shall be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the BBCRA's prior written acceptance which shall be evidenced by either a Change Order or an approved Shop Drawing. The BBCRA may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. 7. DAILY REPORTS, AS-BUILTS AND MEETINGS. 7.1. Unless waived in writing by BBCRA, during the Construction Phase, Contractor shall maintain on file on the site, a daily log of the Contractor's work for the preceding week in a format approved by the BBCRA. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 7.1.1. Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 7.1.2. 7.1.3. 7.1.4. 7.1.5. 7.1.6. Soil conditions which adversely affect the Work; The hours of operation by Contractor's and subcontractor's personnel; The number of Contractor's and subcontractor's personnel present and working at the Project site, by subcontract and trade; All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); Description of Work being performed at the Project site; 7.1.7. Any unusual or special occurrences at the Project site; 7.1.8. Materials received at the Project site; and 7.1.9. A list of all visitors to the Project site. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to BBCRA pursuant to the Contract Documents. 7.2. Contractor shall maintain in a safe place.at the Project site one record copy of the Contract Documents, as well as all shop drawings and other Contractor. submittals and all written interpretations and clarifications issued by the BBCKA, in good order and annotated to show all 1946 13 changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to BBCRA for reference. Upon completion of the Work, and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and Shop drawings shall be delivered to BBCRA by Contractor for BBCRA. 7.3. Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of fiVe (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. BBCRA, or any duly authorized agents or representatives of BBCRA, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 8. CONTRACT TIME AND TIME EXTENSIONS. 8.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its Architect/Engineer, subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission of Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents. 8.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulations, strikes or lockouts, Contractor shall notify the BBCRA in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 8.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work fi'om any cause whatever, including those for which BBCRA may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from BBCRA. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against BBCRA will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly _apply to claims for early completion, as well as to 1947 claims based on late completion. 9. CHANGES IN THE WORK. 9.1. BBCRA shall have the fight at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of BBCRA, and BBCRA shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of BBCRA is authorized to direct any extra or changed work orally. 9.2. A Change Order, in the form attached as Exhibit F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and BBCRA concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as BBCRA and Contractor shall mutually agree. 9.3. IfBBCRA and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by'BBCRA in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by BBCRA. If Contractor disagrees with the BBCRA's adjustment determination, Contractor must make a claim pursuant to Section 10 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 9.4. In the event a requested change results in an increase to the Contract Amount, as to design the amount of the increase shall be based upon the standard hourly billing rates, according to classification of the Contractor's Architect/Engineer plus expenses to be charged at actual cost. As to the construction, the amount of the increase shall be an amount agreed to by BBCRA and Contractor or the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. 9.5. BBCRA shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 9.6. The BBCRA shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with 1948 15 the intent of the Contract Documents. Such changes may be affected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10. CLAIMS AND DISPUTES. 10.1. A Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between BBCRA and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 10.2. Claims by the Contractor shall be made in writing to the BBCRA within seven (7) calendar days after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the BBCRA within fifteen (15) calendar days after the occurrence of the event, unless the BBCRA grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All claims shall be priced in accordance with the provisions of Subsection 9.4. 10.3. The Contractor shall proceed diligently with its performance as directed by the BBCRA, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the BBCRA in writing. BBCRA shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 11. OTHER WORK. 11.1. BBCRA may perform other work related to the Project at the site by BBCRA's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, notice thereof will be given to Contractor. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to BBCRA within seven (7) calendar days of being notified of the other work. If the Contractor fails to send the above required seven (7) calendar days notice, the Contractor will be deemed to have waived any fights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 11.2. Contractor shall afford each utihty owner and other contractor (or BBCRA, if BBCRA is performing the additional work with BBCRA'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 its 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 BBCRA and the others whose work will be affected. 11.3. If any part of Contractor's Work depends for proper execution or results upon the work of any contractor or utility owner (or BBCRA), Contractor shall promptly report to BBCRA in 1949 writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. 12. INDEMNIFICATION AND INSURANCE. 12.1. Contractor agrees to save harmless, indemnify, and defend BBCRA and its, agents, officers and employees from any and all claims, losses, penalties, interest, demands, judgments, and costs of suit, including attorneys' fees and paralegals' fees, for any expense, damage or liability incurred by any of them, whether for personal injury, death, property damage, direct or consequential damages, or economic loss, including environmental impairment, arising directly or indirectly on account of or in connection with the Work done by Contractor under this Agreement or by any person, firm or corporation (including but not limited to the Architect/Engineer) to whom any portion of the Work is subcontracted by Contractor or resulting from the use by Contractor, or by any one for whom Contractor is legally liable, of any materials, tools, machinery or other property of BBCRA. BBCRA and Contractor agree the first $100.00 of the Contract Amount paid by BBCRA to Contractor shall be given as separate consideration for this indemnification, and any other indemnification of BBCRA by Contractor provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by Contractor by Contractor's acceptance and execution of the Agreement. The Contractor's obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance. The Contractor agrees to pay on behalf of BBCRA, as well as provide a legal defense for the BBCRA, both of which will be done only if and when requested by the BBCRA, for all claims made. Such payment on the behalf of the BBCRA shall be in addition to any and all other legal remedies available to the BBCRA and shall not be considered to be the BBCRA's exclusive remedy. 12.2. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit C to the Agreement. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies or tmsts which are registered with the State of Florida. Foreign or off-shore insurance carriers are not acceptable for work under this contract unless admitted to the State of Florida. All commercial insurance carders providing the Contractor with required insurance shall be rated with a minimum financial size category of Vlll according to the AM Best Rating Guide, latest edition. An A or better Best Rating is "preferred"; however, other ratings if "Secure Best Ratings" may be considered. Within ten (10) calendar days after Notice of Award is received by Contractor and prior to the commencement of work, Contractor shall provide BBCRA with properly executed Certificates of Insurance to evidence Contractor's compliance with the insurance requirements of the Contract Documents. Said Certificates of Insurance shall be on forms approved by BBCRA, such as "Acord Form 25". The Certificates of Insurance shall be personally, manually signed by the authorized representatives of the insurance company/companies shown on the Certificates of Insurance, with proof that they are authorized representatives thereof. Certificates of Insurance shall be mailed to BBCRA in care of: Susan Vielhauer, CRA Controller. In addition, certified, tree and exact copies of all insurance policies required hereunder shall be provided to BBCRA, on a timely basis, when requested by BBCRA. 12.3. The Certificates of Insurance and required insurance policies shall contain provisions that thirty (30) days prior written notice by registered or certified mail shall be given BBCRA of any 1950 17 cancellation, intent not to renew, or reduction in the policies or coverages, eXcept in the application of the aggregate limits provisions. In the event of a reduction in the aggregate limit of any policy, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 12.4. All insurance coverages of the Contractor shall be primary to any insurance or self insurance program carried by the BBCRA applicable to this ProjeCt. The acceptance by BBCRA of any Certificate of Insurance does not constitute approval or agreement by the BBCRA that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of the Contract Documents. No work shall commence at the Project site unless and until the required Certificates of Insurance are received by the BBCRA. 12.5. Contractor shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in Exhibit C, unless such insurance requirements for the subcontractor is expressly waived in writing by the BBCRA. All liability insurance policies, other than professional liability, worker's compensation and employer's liabihty policies, obtained by Contractor to meet the requirements of the Contract Documents shall name BBCRA as an additional insured and shall contain severability of interest provisions. BBCRA shall also be designated as certificate holder with the address of 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435. If any insurance provided pursuant to the Contract Documents expires prior to the completion of the Work, renewal Certificates of Insurance and, if requested by BBCRA, certified, true copies of the renewal policies, shall be furnished by Contractor within thirty (30) days prior to the date of expiration. Upon expiration of an insurance policy term during the course of work under the contract, succeeding insurance policies shall be consecutive to the expiring policy. 12.6 All liability policies shall be underwritten on the "occurrence" basis. 12.7. Should at any time the Contractor not maintain the insurance coverages required herein, the BBCRA may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The BBCRA shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the BBCRA to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 12.8. Contractor shall submit to BBCRA a copy of all accident reports arising out of any personal injuries or property damages arising or alleged to have arisen on account of any work by Contractor or sub-Contractor under the contract documents. 12.9 Duty to Provide Legal Defense. The Contractor agrees to pay, to BBCRA, as well as provide a legal defense for the BBCRA, which shall include attorneys' fees and costs, both of which will be done only if and when requested by the BBCRA, for all claims as described in paragraph 13.1. Such payment on the behalf of the BBCRA shall be in addition to any and all other legal remedies available to the BBCRA and shall not be considered to be the BBCRA's exclusive remedy. 1951 13. COMPLIANCE WITH LAWS. 13.1. Contractor agrees to comply, at its own expense, with ail federal, state and locai laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those deaiing with taxation, worker's compensation, equal employment and safety. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify BBCRA in writing. Compliance with the above laws shall include but is not limited to: (1) the Occupational Safety and Heaith Act, 29 CFR 1910 and 1926, respectively, General Industry Standards and Construction Industry Standards, including regulations regarding Trenching and Shoring; (2) the Florida Workers' Compensation Law, Chapter 440, Florida Statutes; (3) Rules 38F and 381, Florida Administrative Code; and (4) Florida Department of Transportation Manual of Traffic Control and Safe Practices. Failure to adhere to the requirements of the above named laws and regulations regarding safety and traffic control shail be grounds for an immediate work stoppage, either by BBCRA staff or the Contractor, until the deficiency is corrected. 14. CLEANUP AND PROTECTIONS. 14.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shail remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surface materials, and shall leave the Project site clean and ready for occupancy by BBCRA. 14.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. ASSIGNMENT. 15. 15.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of BBCRA. If Contractor does, with approval, assign this Agreement or any part thereof, it Shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward BBCRA. 16. PERMITS, LICENSES AND TAXES. 16.1. All permits and licenses and all governmental charges and inspection fees necessary for the prosecution of the Work shall be procured and paid for by Contractor. If Contractor performs any Work without obtaining, or contrary to, such permits or licenses, Contractor shall bear ail costs arising therefrom. BBCRA upon proper documentation of amounts paid by Contractor, shall reimburse Contractor on a cost only basis for said permits, licenses, and charges excluding those incurred due to work performed without a permit or contrary to any permit issued. 1952 19 16.2. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 17. TERMINATION FOR DEFAULT. 17.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for BBCRA to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the BBCRA or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 17.2. BBCRA shall notify Contractor in writing of Contractor's default(s). If BBCRA determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then BBCRA, at its option, without releasing or waiving its fights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or anyportion of Contractor's Work by whatever means, method or agency which BBCRA, in its sole discretion, may choose. 17.3. IfBBCRA deems any of the foregoing remedies necessary, Contractor agrees that is shall not be entitled to receive any further payments hereunder until after the Project is completed. All monies expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including attorneys' fees) or damages incurred by BBCRA incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to BBCRA on demand the full amount of such excess, including costs of collection, attorney's fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the BBCRA to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or BBCRA, as the case may be, and this obligation for payment shall survive termination of the Agreement. 17.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by BBCRA in good faith under the behef that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-letting the Work, in settlement, discharge or compromise of any claims, 1953 demands, suits, and judgments pertaining to or arising out of the Work hereunder. 17.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that BBCRA is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against BBCRA shall be the same as and limited to those afforded Contractor below under Subsection 18.1, Termination for Convenience. 17.6 If the Contractor 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 Contractor in conjunction with this Agreement then the BBCRA may, without prejudice to any right or remedy and after giving the Contractor and his surety, if any, seven (7) days written notice, during which period Contractor still fails to allow access, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon, owned by the Contractor, and may finish the project by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Project is finished. Reasonable terminal expenses incurred by the BBCRA may be deducted from any payments left owing the Contractor (excluding monies owed the Contractor for subcontract work). 18. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 18.1. BBCRA shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against BBCRA shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against BBCRA, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 18.2. BBCRA shall have the right to suspend all or any portions of the Work upon giving Contractor two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds three (3) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 19. COMPLETION. 19.1. Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the BBCRA shall promptly make such inspection and, if it finds the work acceptable and fully performed under the Contract Documents, shall promptly issue a final Certificate for Payment, Stating that, on the basis of observations and inspections, the Work has been completed in accordance with the terms and Conditions of the Contract Documents and that the entire balance found to be due the Contractor is 1954 91 di~e and payable. The final payment shall not become due and payable until Contractor submits: (1) the Release and Affidavit in the form attached as Exhibit D, (2) consent of surety to final payment, (3) if required by BBCRA, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by BBCRA, and (4) a published copy of the Notice of Completion as provided for in section 19.2. BBCRA reserves the fight to inspect the Work and make an independent determination as to the Work's acceptability. Unless and until the BBCRA is completely satisfied, the final payment shall not become due and payable. 19.2 After the Work is ready for final inspection and acceptance by the BBCRA, a legal advertisement must be published by BBCRA in a local newspaper of a general BBCRA wide circulation at least thirty (30) days before final payment shall be made. Example of such publication is as follows: Legal Notice of Completion Notice is hereby given that BURKHARDT CONSTRUCTION, INC., has completed and has ready for acceptance by the Board of the BBCRA, Florida, the following construction project: PROMENADE AND RIVERWALK PROJECT Boynton Beach, Florida BLrRKHARDT CONSTRUCTION, INC. 1400 Alabama Avenue West Palm Beach, Florida 33401 Subcontractors, materialmen, and other persons having payment claims against the Contractor relating to this project should govern themselves accordingly. 20. WARRANTY. 20.1. Contractor shall obtain and assign to BBCRA all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to BBCRA that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to BBCRA that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year(s) after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from BBCRA. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which BBCRA is entitled as a matter of law. 1955 ,),-) 21. TESTS AND INSPECTIONS. 21.1. BBCRA, its respective representatives, agents and employees, and any governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide BBCRA with timely notice of readiness of the Work for all required inspections, tests or approvals. 21.2. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish BBCRA the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the BBCRA. 21.3. If any Work that is to be inspected, tested or approved is covered without written concurrence from the BBCRA, such work must, if requested by BBCRA, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given BBCRA timely notice of Contractor's intention to cover the same and BBCRA has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions fi:om BBCRA, such Work must, if requested by BBCRA, be uncovered for BBCRA's observation and be replaced at Contractor's sole expense. 21.4. The BBCRA shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by BBCRA in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 21.5. Neither observations by the BBCRA nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 22. DEFECTIVE WORK. 22.'1. Work not conforming to the requirements of the Contract Documents shall be deemed defective Work. If required by BBCRA, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the defective Work has been rejected by BBCRA, remove it from the site and replace it with undefective 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, and shall hold BBCRA harmless for same. 22.2. If the BBCRA considers it necessary or advisable that covered Work be observed by BBCRA or inspected or tested by others, Contractor, at BBCRA's request, shall uncover, expose or otherwise make available for observation, inspection or tests as BBCRA mayrequire, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential .costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction 1956 23 (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and BBCRA shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension of the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.3. Ifanyportion of the Work is defective, or Contractor fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, BBCRA may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of BBCRA to stop the Work shall not give rise to any duty on the part of BBCRA to exercise this right for the benefit of Contractor or any other party. 22.4. Should the BBCRA determine, at its sole opinion, it is in the BBCRA's best interest to accept defective Work, the BBCRA may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the BBCRA's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment~ a Change Order shall be eXecuted evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the BBCRA accepts such defective Work after final payment, Contractor shall promptly pay BBCRA an appropriate amount to adequately compensate BBCRA for its acceptance of the defective Work. 22.5. If Contractor fails, within a reasonable time after the written notice from BBCRA, to correct defective Work or to remove and replace rejected defective Work as required byBBCRA, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, BBCRA may, after seven (7) ays wntten notme to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, BBCRA may exclude Contractor from any or all of the Project site, take possession of all or anypart of the Work, and suspend Contractor's services related thereto, take possessions of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which BBCRA has paid Contractor but which are stored elsewhere. Contractor shall allow BBCRA, and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable BBCRA to exercise the rights and remedies under this Subsection. All direct, indirect and consequential costs of BBCRA in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work or others 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 BBCRA of BBCRA's rights and remedies hereunder. 23. SUPERVISION AND SUPERINTENDENTS. 23.1. Contractor shall supervise and direct the Work competently and efficiently, devoting 1957 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 responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to BBCRA except under extraordinary circumstances. The superintendent shall be Contractor's representative at the Project 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 the Contractor. BBCRA shall have the right to direct Contractor to remove and replace its Project superintendent, with cause. 24. PROTECTION OF WORK. 24.1. Contractor shall fully protect the Work fi:om loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor, or any one for whom Contractor is legally liable, is responsible for any loss or damage to the Work, or other work or materials of BBCRA or BBCRA's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted fi:om any amounts due Contractor. 24.2. 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. 25. EMERGENCIES. 25.1. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization fi:om BBCRA is obligated to act to prevent threatened damage, injury or loss. Contractor shall give BBCRA written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations fi:om the Contract Document have been caused thereby. If the BBCRA determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 26. USE OF PREMISES. 26.1. Contractor shall confine all 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 lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting fi:om the performance of the Work. 1958 25 27. SAFETY. 27.1. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessaryprecautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 27.1.1. All employees of the Work and other persons and/or organizations who may be affected thereby; 27.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or offthe Project site; and 27.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the contract documents. 27.2. The Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. The Contractor shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection ofthe Work shall continue until such time as the Work is completed and final acceptance of same by BBCRA has occurred. 27.3. The Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by the Contractor to the BBCRA. 27.4. The Contractor shall adhere at all times to the minimum safety guidelines for construction and renovation projects as set out in Exhibit C of this Agreement. 28. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a preconstruction conference with the BBCRA to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to estabhsh a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the BBCRA with respect to the Project, when directed to do so by BBCRA. Contractor shall have its subcontractors and suppliers attend all such meetings (including the preconstruction conference) as may be directed by the BBCRA. 1959 EXFIIBIT B PERFORMANCE AND PAYMENT BOND BOND NO. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That (Insert name, address, and phone number of contractor) , as Principal, and (Insert full name, home office address and phone number of surety) as Surety, are held and firmly bound unto the Board ofBBCRA, Boynton Beach, Florida, as Obligee in the sum of Dollars ($ ), for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract dated as of the ~ day of ,20 ..... with Obligee for Contract No. ~, (Insert name of project, including legal description, street address of property and general description of improvement) in accordance with drawings and specifications, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and iri the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obhgee sustains because of any default by Principal under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract applicable to the work and materials, then this bond is void; otherwise it remains in full force. 1960 27 The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligation under this bond, and it does hereby waive notice of any such changes, extensions oft/me, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penalty sum of this Performance Bond, regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this ~ day of ,20. , the name and corporate seal of each corporate party being hereto affixed and thesepremises duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of.' PRiNCn~AL: Wimesses as to Principal STATE OF COUNTY OF By:, Name: Its: The foregoing immament was acknowledged before me this ,as ,of on behalf of the corporation. He/she is personally known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: day of ,a , 20. , by corporation, as identification and did (did (Signature) Name: (Legibly Printed) Notary Public, State of Serial No., IfA_ny: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Witness Witness 1961 OR As Attorney In Fact (Attach Power) (Business Address) (Printed Name) (Telephone Number) Wimesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , as of of Surety. He/she is personally known to me OR has produced (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Serial No., If Any: day of 20 , by as Surety, on behalf as identification and did 1962 29 BOND NO. pAYMENT BOND BY THIS BOND, We, (Insert name, address and phone number of contractor) and (Insert name) located at (Insert address and phone number) chartered and existing under the laws of the State of (hereinafter called the "Principal") (hereinafter called the "Surety"), ., a surety insurer and authorized to do business in the State of Florida, are held and fn'rnly bound unto the BBCRA, Boynton Beach, Florida, (hereinafter called , the "BBCRA") in the sum of ($. ) for payment of which we bind ourselves, our heirs, our personal representatives, our successors and our assignees, jointly and severally. No. WHEREAS, Principal and BBCRA have reached a mutual agreement relating to Contract (hereinafter referred to as the "Contract") as of (the bid award date for projects thereto) for the purpose of (Insert name of project, hucluding legal description, street address of property and general description of improvement.) said Contract being made a part of this Bond by this reference. NOW, THEREFORE, THE CONDITION OF THIS BOND IS THAT IF THE PRINCIPAL: 1. Shall promptly make payments to all cla/mants as defined in Section 255.05(1)(a), Florida Statutes, supplying the Principal with labor, materials or supplies; as used directly or indirectly by the Principal in the prosecution of the work provided for in the Contract; and Shall pay the BBCRA for all losses, damages, expenses, costs and attorneys' fees, including those resulting from appellate proceedings, that the BBCRA sustains because of a default by the Principal in contravention to the Contract in regard to payment for such labor, materials, or supplies furnished to the Principal; then this Bond is void; otherwise this Bond remains in full force and effect. 1963 BE IT FURTHER KNOWN: 1. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the said Contract or alterations which may be made in the terms of the said Contract, or in the work to be done under it, or the giving by the BBCRA of any extension of time for the performance of the said Contract, or any other forbearance on the part of the BBCRA or Principal to the other, shallnot in any way release the Principal and the Surety, or either of them, their heirs, personal representatives, successors or assigns fi:om liability hereunder, notice to the Surety of any such changes, alterations, extensions or forbearance being hereby waived. 2. Certain claimants seeking the protection of this Bond must timely comply with the strict requirements set forth in Section 255.05, Florida Statutes, and as otherwise provided by law. 3. As concerns payment for labor, materials and supplies, as affects certain claimants, no legal action shall be instituted against the Principal or Surety on this Bond after one (1) year from the performance of labor or the completion of delivery of the materials or supplies as is specifically mandated pursuant to Section 255.05, Florida Statutes. THIS BOND DATED THE ~ DAY OF ,20~ issue by the Surety or by the Surety's agent and the date of such agents power-of-attorney). Signed, sealed and delivered in the presence of: Wimesses as to Principal PRINCIPAL: By:. Name: Its: (the date of STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ,as ~ of on behalf of the corporation. Hefshe is personally known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of ,a , 20 , by corporation, as identification and did (did (Signature) Name: (Legibly Printed) Nota~ Public, State of Serial No., If Any: 1964 ql ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney In Fact (Attach Power) (Business Address) (Printed Name) (Telephone Number) Witness Witness Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this He/she is personally known to me OR has produced My Commission Expires: (AFFIX OFFICIAL SEAL) ~ day of , 20_____, by as Surety, on behalf of Surety. as identification and did (did no0 take an oath. (Signature) Name: (Legibly Printed) Notary Public, State of Serial No., ifA.ny: 1965 32 EXHIBIT C INSURANCE AND SAFETY INSURANCE - BASIC COVERAGES REQUIRED The Contractor shall procure and maintain the following described insurance, except for coverages specifically waived by the BBCRA. Such policies shall be from insurers with a minimum financial size ofvm according to the latest edition of the AM Best Rating Guide. An A or better Best Rating is "preferred"; however, other ratings if "Secure Best Ratings" may be considered. Such policies shall provide coverages for any or all claims which may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the Contract Documents, whether such services, work and operations be by the Contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. The Contractor shall require, and shall be responsible for assuring throughout the time the Agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor's work, such of the insurance coverages described herein as are required by law to be provided on behalf of their employees and others. The required insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. These insurance requirements shall not limit the liability of the Contractor. The BBCRA does not represent these types or amounts of insurance to be sufficient or adequate to protect the Contractor's interests or liabilities, but are merely minimums. Except for workers compensation and Professional liability, the Contractor's insurance policies shall be endorsed to name BBCRA as an additional insured to the extent of its interests arising from this agreement, contract or lease. The Contractor waives its right of recovery against the BBCRA, to the extent permitted by its insurance policies. The Contractor's deductibles/self-insured retentions shall be disclosed to the BBCRA and may be disapproved by the BBCRA. They shall be reduced or eliminated at the option of the BBCRA. The Contractor is responsible for the amount of any deductible or self-insured retention. Insurance required of the Contractor or any other insurance of the Contractor shall be considered primary, and insurance of the BBCRA, if any, shall be considered excess, as may be applicable to claims obligations which arise out of this agreement, contract or lease. 1966 33 Workers Compensation Coverage The Contractor shall purchase and maintain workers compensation insurance for all workers compensation obligations imposed by state law and with employers liability limits of at least $100,000 each accident and $100,000 each employee/S500,000 policy limit for disease, or a valid certificate of exemption issued by the state of Florida, or an affidavit in accordance with section 440.02(13)(d) and 440.10(1)(g) Florida Statutes. Contractor shall also purchase any other coverages required by law for the benefit of employees. General, Automobile And Excess Or Umbrella Liability Coverage The Contractor shall purchase and maintain coverage on forms no more restrictive than the latest editions of the Commercial General Liability and Business Auto policies of the Insurance Services Office. Minimum limits of $1,000,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies (including employers liability required in the Workers Compensation Coverage section) and the total amount of coverage required. General Liability Coverage - Occurrence Form Required Coverage A shall include bodily injury and property damage liability for premises, operations, products and completed operations, independent contractors, contractual liability covering this agreement, contract or lease, broad form property damage coverages, and property damage resulting fi.om explosion, collapse or underground (x,c,u) exposures. Coverage B shall include personal injury. Coverage C, medical payments, is not required. The Contractor is required to continue to purchase products and completed operations coverage, at least to satisfy this agreement, contract or lease, for a minimum of three years beyond the BBCRA=s acceptance of renovation or construction projects. Business Auto Liability Coverage Business Auto Liability coverage is to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, nonowned and hired automobiles and employee nonownership use. 1967' 34 Excess or Umbrella Liability Coverage Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed. · provided, it shall not be more restrictive than the underlying insurance Whichever type of coverage ~s policy coverages. Umbrella coverage shall drop down to provide coverage where the underlying limits are exhausted. Evidence/Certificates of Insurance Required insurance shall be documented in Certificates of l_nsurance. If and when required by the BBCRA, Certificates of Insurance shall be accompanied by documentation that is acceptable to the BBCRA establishing that the insurance agent and/or agency issuing the Certificate of Insurance has been duly authorized, in writing, to do so by and on behalf of each insurance company underwriting the insurance coverages(s) indicated on each Certificate of Insurance. New Certificates of Insurance are to be provided to the BBCRA at least 30 days prior to coverage renewals. Failure of the Contractor to provide the BBCRA with such renewal certificates may be considered justification for the BBCRA to terminate this agreement, contract or lease. Certificates should contain the following additional information. 2. 3. 4. Indicate that BBCRA is an additional insured on the general liability policy. Include a reference to the project. Disclose any self-insured retentions in excess of $1,000. Designate BBCRA as the certificate holder as follows: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Attention:Susan Vielhauer, CRA Controller 639 East Ocean Avenue, Suite 107 Boynton beach, Florida 133435 Indicate that the BBCRA shall be notified at least 30 days in advance of cancellation. Receipt of certificates or other documentation of insurance or policies or copies of policies by the BBCRA, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of the Contractor's obligation to fulfill the insurance requirements herein. If requested by the BBCRA, the Contractor shall furnish complete copies of the Contractor's insurance policies, forms and endorsements, and/or such additional information with respect to its insurance as may be requested. For Commercial General Liability coverage the Contractor shall, at the option of the BBCRA, provide an indication of the mount of claims payments or reserves chargeable to the aggregate amount of liability coverage. 1968 35 G PROFESSIONAL LIABILITY/MALPRACTICE/ERRORS OR OMISSIONS INSURANCE The Contractor shall assure that all design professionals, architects, and engineers used on the Project will purchase and maintain professional liabilitY or malpractice or errors or omissions insurance with minimum limits of $1,000,000 per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to coVer prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great duration as available, and with no less coverage and with reinstated aggregate limits, or by requir/ng that any new policy provide a retroactive date no later than the inception date of claims made coverage. ,.MINIMUM PROJECT SAFETY REQUIREMENTS The following safety requirements represent the minimum conditions which shall be met by all Contractors and subcontractors performing work for BBCRA. The Contractor shall be responsible to ensure his compliance with all State and Federal safety regulations as specified in BBCRA contract documents. Reported or observed violations of OSHA (29 CFR 1910 or 1926) and other regulations shall be brought to the attention of the BBCRA project manager and BBCRA Safety Office and shall be immediately corrected by the Contractor. Failure to comply with required safetyprocedures shall result in the suspension of the Work of the Contractor until such time as his operations are brought into compliance. Items which are not corrected or that are disputed by the Contractor may be referred by the BBCRA to either the project insurance coordinator or the Department of Labor and Employment Security, Division of Safety, for inspection or interpretation. The Contractor shall take reasonable precautions for work place safetY and shall provide reasonable protection to prevent damage, injury, or loss to employees on the work site and to other persons who may be affected by the Work. (1) (2) The Contractor shall provide all necessary safety equipment for BBCRA staff, employees, and visitors to enter the work site. This equipment mayinclude hard hats, hearing protection, safety glasses, or any other safety items deemed necessary by the Contractor or required by State or Federal safetY regulations. Construction vehicles on the work site shall always be operated in a safe manner. The Contractor shall take appropriate action to ensure the safety of BBCRA staff, visitors, and the general public while operating work vehicles at a controlled construction site. Where conditions warrant, or at the request of the BBCRA, temporary barriers shall also be established for these traffic areas. 1969 (3) (4) (5) (6) The Contractor shall prominently mark the work site and ensure its security. Site security shall include appropriate fencing, barricades, warning tape, covered walkways and warning signs. In no instance shall a work site be accessible, without obvious warning, to BBCRA staff, visitors, or the general public. At a minimum, the project site shall be posted with the appropriate trespass warning signs as specified in Section 810.09(2)(d), Florida Statutes: THIS AREA IS A DESIGNATED CONSTRUCTION SITE; ANYONE TRESPASSING ON THIS PROPERTY SHALL, UPON CONVICTION, BE GUILTY OF A FELONY; DANGER, CONSTRUCTION SITE. AUTHORIZED PERSONNEL ONLY, and other general safety warning signs, i.e., HARD HAT AREA, as are deemed necessary by the Contractor and project manager. In the event barricading of a work site is not feasible, altemative measures maybe used upon prior approval by the BBCRA. Alternative measures may include, but are not limited to, working during off hours such as nights, weekends, or holidays, or the providing of temporary accommodations for building occupants (to be prearranged, if necessary, at the discretion of the BBCRA). The Contractor shall ensure compliance with all fire safety codes at the work site, especially as to egress, during the construction phase of an occupied facility. In no instance, (except where impractical and with the prior approval of the BBCRA and the appropriate life safety code inspector), shall the life safety code components of an occupied facility be reduced or otherwise compromised. A set of these construction plans, with a signature of approval by the appropriate life safety code inspector, shall be kept at each construction site and available for routine inspection. The Contractor shall communicate with each subcontractor as to scheduling of events that may pose hazards or inconveniences to building occupants. The Contractor shall also ensure that appropriate scheduling information is also conveyed to the project manager. Noise, dust, and the use of chemical products may create inside health hazards at the work site to building occupants requiring that the Contractor to adhere to the following guidelines at a minimum: (a) The Contractor shall initiate construction and engineering safety controls to minimize exposure of dusts, noise, and chemical odors to building occupants. These controls may involve the construction or use of temporary walls, plastic barriers, mech .mfi.cal ventilation, elimination of make-up air returns from work areas, pressurizing occupied areas, or a combination of several methods. The Contractor shall coordinate all such engineering efforts with the project manager, and these control measures shall require prior approval by the BBCRA. In cases where these efforts may not be feasible, alternative work schedules on evenings and weekends may be instituted as a part of this process. (b) Material Safety Data Sheets (MSDS) shall be provided for all hazardous substances 1970 used on the project or brought on the job site. These products include, but are not limited to, paints, solvents, roofing compounds, and cleaning compounds. (c) Appropriate precautions shall be taken to prevent occupant exposure to hazardous respirable dusts, contaminants, and fumes from welding, cutting, or drilling of concrete and masonry, or the operation of internal combustion engines. The Contractor shall also determine whether respirable crystalline silica, which is a potential carcinogen contained in many building products, is present at the work site. Control of dusts from these types of products and operations shall be an essential safety requirement for the Contractor. The Contractor should be aware of other buildings adjacent to his work areas and shall be prepared to take necessary actions to prevent the spread of dusts and fumes to those facilities. (7) (8) (9) (10) (11) (12) The Contractor shall ensure that all emergency notifications, including those for fires and medical needs, shall be promptly made by dialing 911 dispatchers. The Caller should state the exact location of the work site emergency, the nature of the emergency, and specifically indicate if medical or fire services are needed. The Contractor agrees and understands that all BBCRA construct/on/renovation sites shall be subject to periodic inspection by life safety code inspectors, Florida Department of Labor and Employment Security, Division of Safety, Occupational Safety and Health Administration, Florida Department of Environmental Protection, Environmental Protection Agency, and other Federal, State, or County regulatory agencies. The Contractor shall provide adequate refuse containers for the disposal of construction debris. Refuse shall not be allowed to accumulate on the project site grounds, and the Contractor shall ensure that these containers are subsequently emptied on a regular basis. Water runoff and soil erosion from the project site shall be controlled by the Contractor pursuant to the regulations of the Florida Department of Environmental Protection. Water-based paint and stain products shall be used by the Contractor in the place ofs01vent- based products where the apphcation so permits. Use of organic solvent-based products shall be used only where absolutely necessary and with the prior approval of the project manager. Lead-containing paints shall not be normally used or specified for any application. I/the use oflead-conta/rfing paint is essential for a specific application, prior approval from the project manager or BBCRA shall be obtained before their use. The use of any products containing toxic metals, especially those regulated by Resource 1971 "lQ Conservation and Recovery Act (RCRA), (i.e. lead, chromium, barium, silver, arsenic, cadmium, mercury, selenium), on the work site shall be avoided. Prior approval for use of these metals shall be obtained by the Contractor fi:om the project manager. (13) The use of any radioactive materials by the Contractor on project sites shall require pre- approval. Copies of appropriate certifications, licenses, testing,'and inspection.records shall be provided by the Contractor to BBCRA for review. (14) The County maintains programs for the identification and abatement of asbestos containing building materials. Asbestos abatement can only be performed by state licensed asbestos abatement contractors. General contractors, therefore, shall not be authorized to remove or disturb any asbestos containing materials. Although efforts are made to identify or remove such asbestos containing materials prior to renovations, the possibility exists that asbestos materials may be encountered at a work site. If so, Contractors who encounter such materials shall immediately stop work and notify BBCRA. (15) The above-cited guidelines represent minimum expectations and actions which shall be taken by Contractors while under contract for BBCRA construction and ren°vati°n pr°jects' These guidelines are not all inclusive and will be revised as necessary. In the event these guidelines conflict with other contract documents, the most stringent application shall apply. Any questions or disputes should be brought to the immediate attention of BBCRA. 1972 39 EXHIBIT D ,RELEASE AND AFFIDAVIT BBCRA OF FLORIDA STATE OF FLORIDA Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and its subcontractors, materialmen, successors and assigns, all claims demands, costs and expenses, whether in contract or in tort, against the Board of BBCRA, Florida, ("BBCRA") relating in any way to the performance of the Agreement between Contractor and BBCRA dated , 20 , for the period from to (2) Contractor certifies for itself and its subcontractors, materialmen, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which BBCRA might be sued or for Which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless BBCRA from all demands or stilts, actions, claims of liens or other charges filed or asserted against the BBCRA arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's (monthly/final) 1973 40 Application for Payment No. ~ CONTRACTOR: Wimesses By: Its: Date: President [Corporate Seal] STATE OF FLORIDA BOY-NTON BEACH, FLORIDA The foregoing instrument was acknowledged before ,20__, by ,a corporation. He/she is personally known to me OR has produced identification and did (did not) take an oath. me this day of , as of corporation, onbehalfofthe as My Commission Expires: (AFFIX OFFICIAL SEAL) Salne: (Signature) (Legibly Printed) Notary Public, State of Serial No., If Any: 1974 41 EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT - AIA DOCUMENT #G702, 1992 EDITION - AIA DOCUMENT #G703, 1992 EDITION 1975 EXI-IIBIT F CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. TO: DATE: PROJECT NAME PROJECT NO. Under our AGREEMENT dated ,20 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: ($ ). Original Agreement Amount Sum of Previous Changes This Change Order (Add) (Deduct) Present Agreement Amount The time for completion shall be (increased/decreased)by ( to this Change Order. Accordingly, the Contract Time is now ( ) calendar days due ) calendar days and the final completion date is · Your acceptance of this Change Order shall 1976 43 Constitute a modification to our Agreement and will be performed subject to all the same terms and conditions in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. The Contract Administrator has directed the Contractor to increase the penal sum of the existing Performance and Payment Bonds or to obtain additional bonds on the basis of a $25,000.00 or greater value Change Order. Check if applicable and provide written confirmation from the bonding company/agent (attorney-in- fact) that the amount of the Performance and Payment bonds have been adjusted to 100% of the new contract amount. Accepted: By: ,20 Contractor By: Architect/Engineer By: Owner \UGCDE_FSkLIBRARY~1998k980465XAGMTkBurkhardt Construction, Inc Agreement.doc 1977 Exhibit "G" Scope of services The proposed improvements have been identified in the RFQ and attached as Exhibit "G" ,"H", And 'T' Several schematic designs have been completed for these improvements. It is the intent of the CRA to have the Design/Builder utilize these schematic designs as the understanding for the desired "look" of the finished improvements. Additionally, the Marina Village Project has been approved adjacent to the proposed Boynton Beach Boulevard Extension and immediately west of the new Marina Docks. The access of this project along the design elements of this development will be considered when preparing the plans for the CRA. Below are some of the proposed improvements that shall included in the design have been outlined. Roadway 1. The extension of Boynton Beach Boulevard will extend due east from US-1 to the Intracoastal Waterway and will be designed to support emergency vehicles and Possibly Shuttle vehicles as well. East of the vehicular access to the new development the extension will become a pedestrian promenade. 2. The improvements to the Boynton Beach Boulevard will include the intersection of US-1 and will extend a maximum of (200 feet) from the north and south. 3. There will be signal modification required at the intersection of US-1 only. Drainage 1. The anticipated improvements will address water quality for the road rights of-way Whereas water quantity will be based upon the dedicated road right-of-way and adjacent property. 2. Based on existing elevations, initial recommended design solutions will be determined following the completion of the hydraulic analysis as identified within the attached scope of work. Utilities 1. Place fire hydrants as necessary to maintain spacing as required by the Code and City. 2. There are no anticipated improvements to the sanitary system. 3. Provide coordination to have the existing minor overhead utilities replaced (Undergrounding of utilities by others) Underground. Lighting 1. Pedestrian Poles will be the recommended lighting system for the entire project. 2. The recommended lighting system design should reflect the current light poles placed within the CRA. Landscaping 1. Landscape themes will be consistent as to unify the entire project area and allow for some flexibility within the overall concepts. 2. Landscape improvements assume the installation of major street trees within the project area along with a significant entry feature into the project area. Boardwalk 1. The boardwalk will incorporate an entry feature as it connects into the extension of Boynton Beach Boulevard Promenade. 2. The boardwalk shall incorporate a theme as approved by the CRA. 3. The boardwalk will incorporate open-air pavilion (s) as approved by the CRA. 4. The boardwalk will meander along the limits of the existing mangroves within the limits of the CRA Privately owned submerged land and tie-in to the existing boardwalk north of the proposed extension of Boynton Beach Boulevard. 5. The boardwalk will be lighted for pedestrian use and provide area for entertainment with water, sewer, communication and electrical utilities. Additionally, empty conduits will be included in the design for future use by the City Page '1 of 2 1978 45 Exhibit "G" Continued Scope of Services Schematic Design Task A. Survey Coordination/Data Collection Work This task will consist of coordinating improvements made within the area since the completion of the latest survey and coordinating the additional survey requirements. The coordination activities will be limited to an initial "windshield" survey by the Design/Builder and survey crew chief to identify significant changes in the physical environment since the completed survey. Based on these findings, the survey will be updated to reflect the existing conditions. The Design/Builder will collect readily available information including information provided by the Client such as the existing bathymetry and natural resources within the project vicinity and conduct field reconnaissance to characterize these resources. The Design/Builder will provide a survey for the engineering design. This will include the location of surface features, inverts and locations of the storm/sanitary structures, cross sections at 50,foot intervals and providing a baseline survey. Upon completion of the 30% effort additional survey may be required along the Intracoastal Waterway. B. Schematic Design Task A base map of the existing conditions will be prepared at a size of no less than plan size original w/1 in. = 40ft. scale, 11 in. x 17in. reduced size plan copies utilizing the updated survey and information being obtained within sub-task "A" above. Within this task we will apply the typical cross sections as approved by the CRA to the proposed roadway in a plan view. The components of the streetscape will be shown to clearly demonstrate the character of the streetscape and will include: B1. Layout of travel lanes and curbing options B2. Layout and material selection for sidewalk B3. Preliminary size and selection of planting material B4. Layout and selection of pedestrian lighting system BS. Layout and selection of entry features B6. Layout, size and material of shade structures and open air pavilions B7. Development of the and arts program unique to Boynton Beach B8. Layout, size, and material of boardwalk B9. Opinion of probable construction cost. After the base mapping is prepared, a field walk through will be conducted to verify existing conditions with the CRA. Design conditions listed above will be addressed and reviewed to reaffirm CRA consensus prior to the final preparation of The Design Development Plan Set Page 2 of 2 1979 46 Exhibit "H" BOYNTON BEACH BOULEVARD EXTENSION, PROMENADE AND RIVERWALK PRELIMINARY BUDGET ESTIMATE (Estimate Provided by the CRA) Phase I Phase Phase (Federal Highway to NE 6th Street) Paving $1,300,000 Entrance Gateway 120,000 Fountains 150,000 Landscape 120,000 Wall/Fence 80,000 Lighting 100,000 Subtotal Phase I $1,870,000 II (NE 6th Street to Intracoastal) Paving $ 480,000 Gateway 60,000 Trellis Structures 80,000 Shade Structures 80,000 Restrooms 80,000 Fountains 100,000 Landscape 50,000 Lighting 40,000 Subtotal Phase II $ 970,000 III (River-Walk at Intracostal) Deck and Pilings $ 2,800,000 Stage/Observation Tower 180,000 Amphitheater option 420,000 Trellis Structure 80,000 Kiosks 200,000 Shade Structures 200,000 Manatee Interaction 80,000 Fishing Village 300,000 Marina 360,000 Landscape 80,000 Lighting 180,000 Subtotal Phase III $4,880,000 Total Phasing Costs 10% Design/Engineering Fee 5% Contingency Fee Project Total $7,720,000 $ 772,OOO ~ 390~000 $8,882,0O0 *Estimate is preliminary and will vary with final material selection and market conditions at the time of bid and does not include land acquisition, equipment, supplies, or fixtures. 1980 47 Exhibit "1" The Project's initial Projected Budget shall be as defined in Exhibit "H". The Design/Engineering Fee shall be estimated based on the Project's initial cost projection of $7,720,000. The Design/Engineering fees shall be in the 8% to 12% range of the estimated cost which may be adjusted by the CRA from time to time depending on ultimate project scope. The Scope of Work shall be divided into the following tasks and their corresponding percentage will be used to establish the cost for each. Schematic Design 15% Design Development 20% Construction Design 40% Bidding/Permitting 5% Construction Admin. 20% Total 100% $115,800 To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined Kimley-Horn/Burkhardt Construction will provide the scope of services as described in Exhibit "G" for a fee as outlined below. Basic Services Schematic Design 15% Subtotal for this Phase Reimbursable Expenses (Estimated Budgets) Expenses Geotechnical Subtotal (not to exceeded) Total Fixed Fee $~15,800.00 $115,800.00 $24,200.00 $10.900.00 $150,900.00 Schedule The Design/Builder will provide the services outlined in Schematic Design in accordance with the time frame outlined below. Deliverables Survey Update Coordination Schematic Design Schedule 6 weeks after notice to proceed 8 weeks after receipt of survey 1981 IX. New Business: Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2007 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hoUrs prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Recommendation for the Competitive Selection Committee to review the RFP Outside Audit. DATE: May 23, 2003 As per the Purchasing Manual of the CRA Board, I have prepared a recommendation for member for the Competitive Selection Committee (CSC) to review the RFP for Outside Audit. The following are my recommendation: Don Fenton Edward Jones & Company Scott Sander Mazer Sander Accountants Susan Vielhauer CRA City of Boynton Beach CRA Board Member Professional and Local Citizen CRA Staff CRA Staff is seeking approval of the CSC members. 2009 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of 457 Deferred Compensation Plan Company DATE: June 6, 2003 Staff is requesting this item be tabled until July 8th Board Meeting due to the difficulty in obtaining three quotes. 2010 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of Short Term Disability Plan DATE: June 6, 2003 Staff is requesting this item be tabled until July 8th Board Meeting due to the difficulty in obtaining three quotes. 2011 X. Other Items: XI. Adjournment. Any person who decides to appeal any decision of the Community P~edevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2012 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutch~n.~on at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request.